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#19-7540 (Quality Enterprises, USA) DESIGN-BUILD AGREEMENT between Board of County Com missioners for Collier County Florida,acting as the governing Board of the Collier County Water Sewer District and Quality Enterprises USA,Inc. dated 1,011 day of b?t,rn64r ,20 [ "Design Build I-75 and Collier Boulevard Utility Relocations Project" RPS#19-7540 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS 1 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 11 ARTICLE 10 LAWS AND REGULATIONS 11 ARTICLE 11 INDEPENDENT CONTRACTOR 12 ARTICLE 12 DISPUTE RESOLUTION 12 ARTICLE 13 ASSIGNMENT 13 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 ARTICLE 19 DOCUMENTS 16 ARTICLE 20 CONFIDENTIALITY 17 ARTICLE 21 SEVERABILITY 18 ARTICLE 22 PUBLIC ENTITY CRIMES 18 ARTICLE 23 EXHIBITS INCORPORATED 18 ARTICLE 24 NOTICES 19 ARTICLE 25 CAPTIONS AND HEADINGS 19 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 19 ARTICLE 27 ENTIRE AGREEMENT 20 ARTICLE 28 SUBJECT TO APPROPRIATION 20 ARTICLE 29 ORDER OF PRECEDENCE 20 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 co) DESIGN-BUILD AGREEMENT This Agreement is made this'day of ,2019 between Quality Enterprises USA, Inc., authorized to do business in the State of Flori a (hereinafter called "Contractor") whose business address 3494 Shearwater Street, Naples, Florida 34117 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)#19-7540,"Design Build I-75 Collier Boulevard Utility Relocation Project," on that property located on 3851 City Gate Drive, Naples, Florida 34117,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#19-7540"Design Build 1-75 Collier Boulevard Utility Relocation Project" 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 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 RESPONS IBILITIES 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. Page 2 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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; Page 3 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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. Page 4 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 Fourteen Million Nine Hundred Sixty-Two Thousand Five Hundred and 00/100 ($14,962,500.00) for the entire Project, including alternate bid items, Owner's allowance and allowance items#1-4 outlined in Exhibit A-1. 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-1 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.fms.treas.gov/c570/c570.html#certified. Moreover,the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, Page 5 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 $1,000,00Per 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, Page 6 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU 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 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- Page 7 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 three hundred ninety-five (395) 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 thirty(30)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 Page 8 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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, Four Thousand Eight Hundred Sixty-Six Dollars ($4,866.00) for each calendar day thereafter until substantial completion is achieved. Further,in the event Substantial Completion is reached,but the CONTRACTOR fails to reach Final Completion within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the 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. 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. Page 9 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 Page 10 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 Page 11 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU 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. 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 Page 12 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 Page 13 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 Page 14 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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, 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. Page 15 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU 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. 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. Page 16 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 ICAO 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. 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; c. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; Page 17 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO d. Was independently developed by CONTRACTOR;or e. Was required to be disclosed by law. Provided,however,CONTRACTOR shall not release,or cause or allow the release of,information to the communications media,except as required by law,concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two(2)years from the completion of Services. 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. 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 Page 18 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 #19-7540 "Design Build for I-75 and Collier Boulevard Utility Relocation Project" 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. 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: OWNER: Louis J.Gaudio,Vice President Tom Chmelik,Director Quality Enterprises USA, Inc. Collier County Public Utilities Department 3494 Shearwater Street Engineering&Project Management Division Naples,Florida 34117-8414 3339 Tamiami Trail East,Suite 303 Telephone: (239)435-7200 Naples,Florida 34112 Email: Lgaudio@geusa.com Telephone: (239)252-6213 Email: Tom.Chmelik cr,colliercountyfl.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 Page 19 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 ,.O 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. 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 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above by an authorized agent or person. \td ATTEST: BOARD OF COUNTY COi vI,JAIONERS COLLIER COUNTY, FLORIDA'ACTING AS , Crystal Ic.;Kln el,Clerk of Courts THE COVER �� _ - : ' ' O ' IE COLLIER &Cq'tptroller" COUNT COVER SEWER c I}i' , By: / ' `,♦ - 11iam L.McDaniel,Jr Chairnt19 Dated' I • 141'41 !° . ��xt�=tati�tmt�`ow, (*WS'aS' Q: a • signature only. Contractor's Witnesses: Quality Enterprises USA,Inc. Contractor's Fit Witness- Signature By: Signature—Authorized Agent Louis J. Gaudio Margarita Negron *Type/print witness name* Vice President *Type/print title* 149,,y4afterL_ Contractor's Second Witness—Signature Marcie Cohen *Type/print witness name* A' •r•v-d .s t• F)r and Legality: um. L,- R.' each,Deputy County Attorney Page 21 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 EXHIBIT A-1 GMP SCHEDULE Item # Item Description Unit Quantity Price Design-Build Base Bid including the following owner-directed allowances (item #2) 1 Design-Build Base Bid LS 1 $14,250,000.00 2 Owner's allowance Amount 5% of Design $712,500.00 Build Base Bid (Item #1) TOTAL LUMP SUM GMP PRICE INCLUDING ALLOWANCES: $14,962,500.00 Page 22 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 23 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 0 d -.-4-% • iiIpp A> d�7; s Co�er County .',.' . 4tik.:44‘it' ,'''": , Collier County Board of / ,, County Commissioners +W R':1-1 t • a. T v - RPS 19-7540 �r r f� > r .► Design Build I-75 and Collier > , r� � ' �� Boulevard Utility Relocation 4 • +�� 4 ,- , , A Project Yara n Y h r t `1,-!:.1.!:4, f1hY 1e i „ M..4 ` , w-.':"T 'Pda"r, y•<� - >W d%ass ' _ '''''',V"! / ,v ' f'`.= s r<, }b"ark ' sr ,a.,. y�rr i ;ff 1. ti February 5, 2019 Quality Enterprises 1:S 1,Inc. 3494 Shearwater St..Naples,PT 34117 (239)435-7200 phone (239)435-7202 fax .. ' ,1; r�f, s sera r' ''. Louis J.Gaudio,Vice President " �v IgaudiO cieusa.com err•:" "" �iii rr ,f5,-'''-rr s, QE ,. January 25, 2019 Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, Florida 34112 Attn: Evelyn Colon, Procurement Strategist RE: RPS #19-7540 Design-Build 1-75 and Collier Boulevard Utility Relocation Project Dear Ms. Colon: We are pleased to inform you that Quality Enterprises USA, Inc.has teamed with the design firm of Q.Grady Minor &Associates, P.A.to provide you with our proposal for RPS#19-7540,"Design-Build 1-75 and Collier Boulevard Utility Relocation Project". Working with our team will be Earth View for Subsurface Utility Locates and Horizontal Directional Drill services, Brierley Associates for design of Horizontal Directional Drill, Forge Engineering for Geotechnical Engineering, and Passarella and Associates for Environmental Consulting. Over the last several decades our firms have provided similar services for Collier County on several successful projects and we look forward to continuing our relationship with the County on this project. We are currently wrapping up a Collier County Project-Collier Blvd and Golden Gate Canal 36" Watermain Direction Drill,this is a $800k project located in the same footprint as this proposed project and involved drilling thru heavy rock for both the directional drill and open cut portion. The project is a success and provides us the local experience to deal with the same geotechnical and environmental issues that we will face on this project. Quality Enterprises USA, Inc. is proud of our versatility as a contractor which self performs the majority of our contract work. This work includes underground utilities and storm piping installation, earthwork, poured in place structural concrete, pile installation, bridge construction, setting of precast concrete structures, concrete curb and sidewalk, lime rock installation, asphalt milling and paving and sod installation. Our philosophy with all of our clients has always been, and will continue to be, that we are here to provide a service to our clients for many years to come and not just for a single project. This can be seen from the repeat business that we have done with Collier County as well as other customers. In addition, we feel that Quality Enterprises USA, Inc.brings to the table a sense of being a "team player"who is on board to complete the project ahead of schedule and under budget, as well as assisting in overcoming unknown obstacles throughout a project. I will act as the authorized contact person for this project and will handle the day to day management of the project as well as the coordination between all of our sub consultants and subcontractors. Our design team will be managed by Mr.Justin Frederiksen,P.E.of Q Grady Minor&Associates, P.A. Mr. Frederiksen will be responsible for all designs aspects of the project. QE and its Design Team will work closely throughout the project to insure that the project is designed and constructed to meet all regulatory requirements as well as achieve the highest quality product for the county. Please contact me directly should you have any questions regarding this proposal. Very truly yours, Louis J. Gaudio Vice President Igaudio@qeusa.com Telephone (239) 435-7200 Fax (239) 435-7202 CAv CIE DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project RPS NO.19-7540,COLLIER COUNTY "O" TAB 1 - ABILITY OF PROFESSIONAL PERSONNEL AO TAB 1 QUALITY ENTERPRISES USA,INC. DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Prgect QELI RPS NO.19-7540,COLLIER COUNTY CRITERIA NO. 1 - ABILITY OF PROFESSIONAL PERSONNEL QE W= QUALITY ENTERPRISES, USA, INC.—THE CONTRACTOR Quality Enterprises, USA, Inc. (QE) is a leading construction firm with over 50 _ years of public and private experience satisfying owners with project , _ °�" completed on time,within budget, and at exceptional levels of quality. QEs has been working in Collier County since 1997 on a wide variety of infrastructure projects including roadways, bridges, and utility systems and i ,a is very experienced with Collier County construction and regulatory conditions. All items of work are self-performed by QE staff, except for3 mow specialty items such as landscaping, irrigation and line stripping. Self- �" _ � r,17 Performing the majority of a project's work, including critical items of work \ ' , ' allows QE to have total control of the project schedule, which is evident in -„ the fact that QE has never been assessed liquidated damages for project § x delays. QE's staff is made up of Estimators, Project Managers, - - " , Superintendents, Utility Crews, Directional Drill Crews, Earthwork Crews, : r:' Paving Crew, Concrete and Bridge Crews. QE is very familiar with the work environment in the local area as it pertains to dewatering,rock excavation, 7'4' traffic control, erosion control and wildlife sensitivities. All QE personnel are `` 1 highly experienced in all aspects of work that we perform and have the J local knowledge of working with Collier County for decades. QE has successfully performed several Design Build Projects for FDOT and Collier 1 P� 4A 4.4 County, which makes us familiar with the Design Build Process. The most :r A ^ recent Design Build for Collier County was the Immokalee Road Wildlife Crossing. QE has managed and constructed many projects under very tight timelines. QE was instrumental in completing over $100 Million of post Katrina work in Mississippi and New Orleans for the US Army Corps of Engineers. These projects met a federal mandate of achieving 100 year flood protection in New Orleans by June 30,2012. Under tight scrutiny by the Federal Government, QE installed steel sheet piles, battered H Piles and concrete for over 10 miles of concrete flood walls. For the 1-75 and Collier Boulevard Utility Relocation Design Build Project, QE has assembled a local and experienced team of professionals that have worked together on many similar projects in Collier County. The QE Team has a proven record of successfully completing complex projects, on time and under project budgets. If selected for this project, the County can be certain that the project will be completed on time and within the project budget and that the fees paid will not only stay local but will go to the professionals performing the work on the project. QE will handle the overall management of the project, pipe installations by open cut,all testing,tie-in's and restoration work. Core Team Member Q. Grady Minor & Associates, P.A. (GradyMinor) will provide survey, permitting, design, construction administration, and construction engineering inspection (CEI). Team Member Earth View (EV) will provide Utility Locating Services to the Design team and perform all Horizontal Directional Drills. Additional team members that will be assisting the Core Tam as needed will be: - Brierley Associates will provide trenchless design assistance. - Forge Engineering Inc.will provide Geotechnical Engineering. - Passarella & Associates, Inc.will provide Environmental Consulting, if necessary. The organization chart on the following page identifies the entire team selected for this Design Build. Each team member has the knowledge, training, and previous experience working on similar projects to ensure that the 1-75 and Collier Boulevard Utility Relocation Project is a success. €-4-) QUALITY ENTERPRISES USA,INC. TAB 1-1 QCI DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project '-" RPS NO.19-7540,COLLIER COUNTY Collier County Board of County Commissioners Growth Management Division PROJECT MANAGER Louis Gaudio,VP Quality Enterprises USA,Inc. I CONSTRUCTION TEAM UTILITY LOCATES AND CIVIL ENGINEERING ENVIRONMENTAL GEOTECHNICAL DESIGN TEAM DIRECTIONAL DRILLINGENGINEERING ENGINEERING Qualify Enterprises USA,Inc. Q.Grady Minor 8 Associates Briefly Associates Earth View Passarelta Z.Associates Forge Engineering PROJECT MANAGER/ PROJECT MANAGER PROJECT MANAGER SENIOR CONSULTANT Louis Gaudlo John Daniel Justin Frederiksen.?,E. Brian Dorwart,P.E. SENIOR ECOLOGIST GEOTECHNICAL SUPERINTENDENT CHEMICAL ENGINEER PROJECT ENGINEER Tim Durham ENGINEER SENIOR GEOLOGIST Paul;.hAoriary Alan Hart Sally Gcidm�an,P°. Matt H.Nolten:P.E. NIcholas H.Shafer.P.G. ESTIMATOR SUPERINTENDENT/OPERATOR FDOT COORDINATOR Harlan Sawyer Joe Townsend Daniel Flynn,P.E. SURVEY PROJECT MANAGER Donald L.Saintenoy III.PSM SUBCONTRACTORS CONSTRUCTION INSPECTION Rick Featherstone,G.C. EROSION CONTROL Kates Envro SOD INSTALLATION Unlimited Turf Professionals on our team have a long history of working together on projects. QE always strives to team with local consultants as necessary depending on the scope of a project. The following are just a few examples of projects QE has worked on with Key Team members Earth View, GradyMinor, and Brierley Associates teamed projects: QE/GradvMinor • Goodland WM Replacement • Orchid Run WM Replacement • MPS 302 Improvements :4 , ,'� • Gulf Shore Drive WM Replacement7 ,zj ..,:7:77:, • 28th Avenue South Bridge Replacement ,--,-- -',t -p' ,> • 951 Boat Ramp Expansion � "ti` • Bayview Park Phase II and III QE/Earth View a • Goodland Water Main Replacement • Immokalee Rd and 951 Interchange and Utility Upgrades • Collier County Collier Blvd and Golden Gate Canal 36" WM Crossing • Collier County Vanderbilt Drive WM Installation • Collier County 24" IQ WM • Collier County Twin Eagles FM • Collier County Imperial Golf Course Blvd WM Replacements • City of Naples Orchid Run WM � " • City of Naples Central Ave • City of Naples Reclaim WMA '', .' �� • City of Marco Island Marco Shore WM and FM " ` • South Carolina Fripp Island US 21 WM Relocation '� � "� • South Carolina Hilton Head Airport WM Installation d TAB 1-2 QUALITY ENTERPRISES USA,INC. DESIGN-BUILD-75 and Collier Boulevard Utility Relocation Project y RPS NO.19-7540,COLLIER COUNTY OE Igl ^" QE�Brierley Associates • Immokalee Rd and 951 Interchange and Utility Upgrades • Collier County Colden Gate Canal 36" WM Crossing • Collier County 24" IQllier WM and Go Blvd Collier County Bluebill FM Installation • City of Marco • Island Marco Shore WM and FM UE ��UA M TY PROVIDED BELOW ARE KEY QE CONSTRUCTION TEAM MEMBERS WITH THEIR ROLES: Louis Gaudio, QE Vice President—Project Management Mr. Gaudio will provide the overall coordination for this project utilizing his 25 years of construction experience to meet the objectives of the County. He maintains overall responsibilities of all utility,roadway and bridge projects in the State of Florida and South Carolina with projects ranging from $500k to$40M. His clients include FDOT, Collier County Utilities, Collier County Transportation, Collier County Storm Water Management, City of Marco Island, Town of Fort Myers Beach, Army Corps of Engineers, Naples Airport Authority, Charlotte County, and City of Naples. Paul J. Moriarty—QE Superintendent Mr. Moriarty will serve as the superintendent on the project and brings nearly 30 years of construction expertise. He has received construction certifications from US Army Corps of Engineers, Quality Management for Contractors, and FDOT Maintenance of Traffic. He will provide the onsite coordination for the day-to-day project activities. Mr. Moriarty has extensive experience working with Collier County's Utility Department. Harlan Sawyer—QE Senior Estimator Mr.Sawyer has over 30 years of engineering and construction experience and is the head of the estimating department at Quality Enterprises USA, Inc. He is responsible for overseeing, and is directly involved in, the takeoff, subcontractor solicitation, material solicitation, pricing, and proposal preparation for all jobs priced and bid upon by Quality Enterprises USA, Inc. He has an extensive background in projects relating to site development, underground utilities, road and highway work and bridge projects. His experience spans in dealings with customers at the private, local, state, and federal levels of construction. Full resumes for the professionals listed above are provided at the end of this section. x i"�7 $ Lay A w ` z • a r, '"4.-, "x I ,Vie ' " .t G ig»., QUALITY ENTERPRISES USA,INC. TAB 1-3 CAO DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocatlon Project E RPS NO.19-7540,COLLIER COUNTY EtO,OTA El GRADYMINOR—SURVEY, PERMITTING, DESIGN, CONSTRUCTION ADMINISTRATION, & CEI Established in 1981, Q. Grady Minor and Associates, P.A. (GradyMinor) has provided expert Civil consulting services to a wide array of Public and Private clients throughout Southwest Florida. Throughout the years, our firm has had the opportunity to thrive on a strong technical and business foundation that has enabled us to develop a reputation for outstanding customer service while emerging as one of the industry leaders in Civil Engineering and Land Development in Southwest Florida. We are fully licensed and insured. GradyMinor has successfully completed projects of varying size and scope ranging from small utility relocation projects to complete water, wastewater, and stormwater collection, transmission, distribution, storage, pumping, and treatment systems; small sidewalk improvements to complete streets, multimodal roadway improvements; and small site improvements to large hundreds of acre site developments, GradyMinor is a locally owned and managed firm of 58 employees, just under half of which live in Collier County, including our president (Mark W. Minor, P.E.) and our Vice President (Justin Frederiksen, P.E.). Additionally,our secretary and co-owner Wayne Arnold A.I.C.P is a City of Naples resident. We are one of the largest, if not the largest,truly local civil engineering firms. Our local staff includes: • Eleven (11) Professional Engineers • Two (2) Professional Surveyors and Mappers • A Certified Planner • Two (2) Landscape Architects • A licensed General Contractor • Eight (8) Engineering Technicians • Five (5) Survey Crews • Survey Technicians • Engineer Interns • Project Administrators PROVIDED BELOW ARE KEY GRADYMINOR TEAM MEMBERS WITH THEIR ROLES: Justin Frederiksen, P.E.—GradyMinor Project Manager and Engineer of Record Justin is a University of Florida graduate that has worked with Collier County, Lee County, Charlotte County, Desoto County,City of Naples, City of Cape Coral, City of Marco Island, City of Bonita Springs, City of Fort Myers,City of Sanibel, and SFWMD on various projects. Justin has a significant amount of knowledge of Collier County, as he has been the engineer of record for many large and small utility projects for Collier County. He has over 17 years of engineering and construction experience in the State of Florida. Justin has served as Project Manager on various Municipal Projects which required services including the preparation of master planning documents, preparation of engineering designs, plans and specifications, project permitting, bidding assistance and selection of contractors, administration and observation of construction contracts,project start-up,and general construction coordination. In his previous capacity as the Deputy Director for the City of Naples, Justin performed rate studies, annual reports of Utility operations, grant/loan program administration, and assisted in developing and administering the City of Naples Utility Standards, Utility Department annual budgets, and standard utility policies. Justin will be the Project Manager and Engineer of Record (EOR) for 1-75 and Collier Boulevard Utility Relocation Project. Justin's EOR, Project Management, Design, Permitting, and Construction Admin Experience includes: • Goodland Drive Water Main Replacement • City of Naples Reclaimed Water System Expansion • City of Naples Raw Water Main Replacement/Replacement • Collier County 95th, 96th, 107th & 110th Avenue North Public Utility Renewal • Collier County Barron Collier High School Water System Improvements • City of Bonita Springs Misc. Improvements to Stormwater System, Roadways, and canals • City of Fort Myers Wastewater Force Main Transfer Improvements • Collier County Addition of Emergency Power Generators to 14 Lift Stations • Collier County Pelican Marsh Elementary School Water Main Replacement • City of Naples PSs 2, 6, & 7 Replacement • Collier County/City of Naples WGF Joint Stormwater-Sewer Improvements QUALITY ENTERPRISES USA,INC. TAB 1-4 CAO QE DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project 3 RPS NO.19-7540,COLLIER COUNTY a LY Daniel Flynn, P.E.- GradyMinor Project Manager Daniel is a Project Manager with 13 years of experience working with the Florida Department of Transportation, Collier County, and multiple Counties and Cities in Florida to produce roadway and sidewalk construction plans. A graduate of the University of Central Florida, Daniel's design background includes a variety of projects ranging from minor resurfacing/widening projects to roadway reconstruction designs, to the design of multimodal complete streets throughout the state of Florida. Daniel's engineering experience includes Maintenance of Traffic (MOT) design,signing and pavement marking designs, horizontal and vertical geometry designs, super-elevation layouts for roadways, and sidewalks and intersection projects. He is exceptionally familiar with FDOT and Americans with Disabilities Act (ADA) Regulations and has prepared countless design calculations and reports for pavement design, typical section packages, horizontal and vertical geometry, super-elevation layout, guardrail and intersections. Daniel is FDOT certified in Advanced MOT. Daniel will assist with FDOT coordination on the 1-75 and Collier Boulevard Utility Relocation Project. Daniel's EOR, Project Management, Design, Permitting, and Construction Admin Experience includes: • 3rd Avenue South Improvements and Modern Roundabout Design, City of Naples • 28th Ave Bridge over Miller Canal, Collier County • Barefoot Williams Road Widening and Trail Design, Collier County • White Boulevard and 23rd Street Southwest Intersection Improvement Project, Collier County • Osceola Parkway from the Turnpike to Buenaventura Boulevard, Osceola County • Osceola Parkway Reconstruction from Buenaventura Boulevard to Boggy Creek Road, Osceola County • City of Bonita Springs Sidewalks-9,200 LF of concrete sidewalk throughout the City of Bonita Spring • SR 228 Rehabilitation and Keyhole Widening from East of SR 200 to Bicentennial Drive, FDOT District 2 • Starke Bypass New Alignment (SR 200) Segment 2, FDOT District 2 • SR 16 Sidewalk Addition from Toms Road to Kenton Morrison Road, FDOT District 2 • US 41 Reconstruction and Widening from Tuckers Grade to Lee County/Charlotte County line, FDOT District 2 Sally Goldman, P.E.-GradyMinor Project Engineer A Collier County resident, Sally is a Project Engineer with over 5 years of engineering and development experience in the State of Florida. Her engineering experience includes design analysis, permitting and construction management; technical report writing, computer modeling, plans development, geotechnical design, environmental studies, and utility management within Southwest Florida. She has worked with Collier County, Lee County, Charlotte County, City of Naples, Bonita Springs Utilities, various private sector clients, and the FDEP on various projects. Sally has served as a Project Engineer on a long list of Municipal Projects which required services including the preparation of engineering designs, plans and specifications, project permitting, bidding assistance and selection of contractors, administration and observation of construction contracts, project start-up, and general construction coordination. Sally has also produced technical reports regarding new and emerging technology to assist her clients in rehabilitating and maintaining existing infrastructure to provide cost effective and long-lasting solutions to complicated replacements. Sally will assist Justin on the 1-75 and Collier Boulevard Utility Relocation Project. Sally's Project Management, Design, Permitting, and Construction Admin Experience includes: • Collier County Cassena Road Water Main Improvements • Collier County Goodland Drive Water Main Improvements • City of Naples PS 7 Relocation • City of Naples PSs 9 and 10 Improvements • Collier County Pump Station 101.20 Replacement and Pump Station Rehabilitation • City of Naples Orchid Run Water Main Extension Project • Collier County Barron Collier School Water System Improvements • Collier County-Pelican Marsh Elementary School Water Main Extension Alex Dunko, E.I.-GradyMinor Project Enaineer Alex, a Collier County resident, has over 6 years of experience working with multiple municipalities in South Florida and has been involved with various water, wastewater, and site development projects. Alex has worked extensively with Collier County Public Utilities' Engineering and Project Management Division on the construction of multiple new wastewater pump stations and rehabilitations. He has successfully designed and constructed large and small diameter transmission water main components. Alex has led numerous utility construction projects requiring continuous communication with several contractors and various stakeholders. He has also worked closely with the multiple County QUALITY ENTERPRISES USA,INC. TAB 1-5 O €/k, DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project RPS NO.19-7540,COLLIER COUNTY r'= la Project Managers for conceptual designs of the County's many expansion projects including the coordination with adjacent property owners. In addition, Alex has experience in the design and evaluation of various treatment processes at multiple Wastewater Reclamation facilities in Collier and Sarasota Counties. Alex has completed site civil engineering including design of civil site plans, prepared project technical specifications, technical memoranda, wastewater pump station design, sanitary sewer design, and pressurized water and sewer force main design, project cost estimates, and State and County permitting documentation. Alex has also served as a Civil Engineering Site Inspector(CEI) for multiple projects including the construction of an Aquifer Storage and Recover (ASR) well and public utility water and sewer replacement projects. Alex will assist Justin on the 1-75 and Collier Boulevard Utility Relocation Project. Alex's Project Management, Design, Permitting, and Construction Admin Experience includes: • City of Naples ASR #3 Construction Inspection • Collier County PSs 158.00, 147.00, 151.00, 104.05, 312.25 Rehabilitation • Collier County PS 302.09 Relocation • Collier County Master PS 104.00 Conceptual Site Planning • Collier County Master PSs 104.00,312.00 and Pump Stations 147.00, 151.00, 104.05 Asset Data Collection • Collier County Wildflower Way Public Utility Improvements • Collier County/City of Naples West Goodlette-Frank Road Joint Water,Stormwater, Sewer Improvements • Collier County PSs 101.07 & 101.06 Relocations Donald Saintenov, PSM-GradyMinor Survey Manager Donald has a degree in surveying from the University of Florida and is a licensed Professional Surveyor and Mapper in Florida. In addition to his nearly 15 years of survey experience, Donald has been GradyMinor's Director of Surveying for the past 7 years. His expertise runs across the discipline and includes directing survey field crews on data collection for design surveys, boundary and construction surveys. He manages survey technicians in the reduction of raw data, boundary calculations and production of survey drawings, point identification maps, right-of-way maps and record drawings. Donald performs services for the Public and Private sectors. Public sector projects have been completed for Collier County Public Utilities,Transportation,the Airport Authority,Stormwater, EMS, Parks & Recreation and Coastal Zone Management. Donald will manage the surveying on the 1-75 and Collier Boulevard Utility Relocation Project. Donald's Survey Management Experience includes: • Collier County Goodland Drive Water Main Replacement • City of Marco Island Marco Shores Alternative Water/Sewer Improvements • Collier County Marco Island Executive Airport Expansion • Collier County Hammock May Development • Collier County Isle of Capri Water Main Replacement • City of Naples 3rd Avenue South Improvements and Modern Roundabout Design • Collier County 28th Ave Bridge over Miller Canal, Collier County • Collier County Barefoot Williams Road Widening and Trail Design, Collier County • Collier County White Boulevard and 23rd Street Southwest Intersection Improvement Project, Collier County • Collier County 94th, 95th, 96th, 97th, 107th & 110th Avenue North Public Utility Renewal Rick Featherstone, G.C.-GradyMinor Construction Inspection Rick manages GradyMinor's CEI Group and is a licensed General Contractor with over 35 years of experience in SW Florida. He is very familiar with civil construction,earthwork,road building, and underground utility and storm drainages systems in Collier County and is respected as a team player, that is relied upon to come up with solutions to hard problems. Rick has a clear understanding of construction practices and requirements from state and local agencies that have jurisdiction over the work. His skills include the ability to interpret, understand and apply the requirements shown in construction documents (drawings, technical specifications, applicable standards, etc.) and be able to identify, both verbally and in writing, any deviations to the project team. Rick is well known for not only discovering issues, but providing quick and cost effective resolutions to them; he is an invaluable last set of eyes that checks for constructability and economic feasibility. Among other training, Rick has successfully completed the OSHA 40 hour Hazardous Waste Operations and Emergency Response (HAZWOPER 40) course (# 1503251 135271) and the 8 Hour HAZWOPER Supervisor Training course (certificate number 1503264135271). Rick will perform construction inspection I- 75 and Collier Boulevard Utility Relocation Project. Full resumes for the professionals listed above are provided at the end of this section. QUALITY ENTERPRISES USA,INC. TAB 1-6 CAO DESIGN-BUILD 1-75 and Collier Boulevard U61ity Relocafion Project E RPS NO.19-7540,COLLIER COUNTY Earth PreciseUMW crating Earth View LLC-UTILITY LOCATING & HORIZONTAL DIRECTIONAL DRILLS Earth View, LLC (EV) and it's management team have over 30 years of experience providing directional drill services for local municipalities throughout Collier County, the State of Florida as well as South Carolina. In addition, much of the experience has been gained in the oil and gas industry providing services for entities such as Florida Gas. EV has grown to have one of the largest drill rigs in the state of Florida with the addition of its American Auger DD-440 T with a pullback capability of 440,000 lbs. In addition, EV also recently added Trutracker Wire Lining System. This in-house capability provides us with full service without the need of scheduling subcontractors. With its fleet of technically advanced equipment, EV has been able to accomplish some very difficult drills. EV recently completed a 3,700 LF subaqueous drill of a 10" fusible PVC pipe in a highly environmentally sensitive area located on Fripp Island,SC. Closer to home, EV completed a drill of nearly 700 LF of 36" HDPE for the Collier Blvd & Golden Gate Canal Crossing which is within the footprint of this Design Build Project. This project provides the required experience and local knowledge to be able to successfully complete the Horizontal Directional Drills that will be required for this Design Build Project. PROVIDED BELOW ARE KEY EV TEAM MEMBERS WITH THEIR ROLES: John Daniel-EV Project Manager-Directional Drills Mr. Daniel will provide oversight and management of all Directional Drills for the project. Mr. Daniel has over 15 years of experience in the Directional Drilling Industry in both the utility and oil/gas industry with drills of pipe sizes up to and including 42" pipe. Mr. Daniel has been involved in several projects here in Collier County including the installation of the 36" HDPE Watermain crossing the Golden Gate Canal at Collier Blvd which is within the footprint of this Design Build Proposal. This experience dealing with site conditions such as rock, dewatering and environmentally sensitive conditions provides the necessary experience to guide EV's personnel thru this project. Alan Hart-EV Chemical Engineer Mr. Hart has close to 15 years of experience in the design and implementation of drilling fluid applications on large diameter drills. Mr. Hart will use his knowledge of drilling practices to create specialized fluids to lubricate machine components. This drilling liquid, known as mud, is a mixture of clays and other mineral components. Mr. Hart will create the various combinations of mud that will be used during the different stages of the drilling process. He will also recommend drill bits and assist in the overall safety of the drilling process. When creating the drilling fluids, Mr. Hart will work with Forge Engineering to obtain geological data and will conduct standardized testing during the drilling process and use a variety of methods to change the mud's viscosity, including adjusting the mud's temperature, pH balance and chemical components. Joe Townsend-EV Horizontal Directional Drill Superintendent/Operator Mr. Townsend has over 7 years of utility experience in Collier County, Florida. These projects have ranged from open cut installation of watermain and forcemain pipes up to 36" in diameter as well as the installation of HDPE piping install by Horizontal Directional Drilling of pipes up to 36" diameter. Mr.Townsend is experienced in operating various size drills as well as Fusing Machines. Mr.Townsend is certified in Butt Fusion in both mid size and large size diameter HDPE piping by MMI McElroy. Mr.Townsend is vey familiar with the local environment including dealing with installation of utilities in rock, dealing with high water table and dewatering and environmentally sensitive areas. Full resumes for the professionals listed above are provided at the end of this section. QUALITY ENTERPRISES USA,INC. TAB 1-7 CAO DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project QE RPS NO.19-7540,COLLIER COUNTY Waal BRIERLEY ASSOCIATES BRIERLEY ASSOCIATES—DIRECTIONAL DRILLING SUPPORT Brierley Associates (Brierley) supports owners, engineering design professionals and trenchless/geotechnical contractors with all aspects of trenchless technology. Brierley's geologists, trenchless and underground engineers provide expert, efficient, effective and constructible designs for: • Microtunneling • Auger Boring • Pipe Jacking • Pipe Ramming • Direct Pipe • Horizontal Directional Drilling (HDD) • Guided Boring Method (GBM) • Hand Mining • Pipe Rehabilitation, Relining and Bursting Brierley's staff of more than 65 geotechnical,geo-structural and trenchless technology engineers, and geologists enjoy what they do and spend a great deal of time doing it.They believe that trust is the greatest form of human motivation and they try to make our clients glad that they came in contact with our company. Brierley's nationwide and international experience allows them to understand the challenges involved with pipeline design and underground Construction. Their professionals are experienced in all aspects of trenchless pipe installation, feasibility and risk assessment, alignment selection, permit support, geotechnical site characterization, shaft design, value engineering, contractor procurement, construction management and dispute resolution. Brierley has provided expert directional drill support on thousands of feet of directional drilled pipelines varying in size from 12 inch to 54-inch diameter. PROVIDED BELOW ARE KEY BRIERLEY TEAM MEMBERS WITH THEIR ROLES: Brian C. Dorwart, PE, PG,Senior Consultant Mr. Dorwart is a registered Professional Engineer in 23 states and a Registered Professional Geologist in two states. He has more than 45 years' experience in underground engineering and more than 25 years design and field experience with various types of horizontal directional drilling (HDD) including subsurface characterization, design, cost analyses, construction management,forensics,and construction. His specialty is interaction of ground to excavation tools and/or natural environmental processes and ground modification for construction. This specialization is applied to trenchless technologies including directional drilling,small to large tunnels,soil/rock stability in shoreline protection systems.Brian's engineering and management experience includes: developing strategies for bid preparation, risk based design, conceptual design, research and development, construction engineering, forensic analyses, and consulting. Mr. Dorwart will provide directional drill design assistance and be the lead geologist on the 1-75 and Collier Boulevard Utility Relocation Project. Nicholas H.Strater, PG, Senior Geologist Mr. Strater's experience covers a broad range of service areas including geotechnical site characterization;feasibility and detailed design studies; preparation of contract documents;construction phase services; and claims analysis and evaluation. Mr. Strater has been an invited speaker at multiple short courses and forums focused on geotechnical characterization and design for tunnels and trenchless installations.These include the Microtunneling Short Course and the Center for Underground Infrastructure Research and Education (CUIRE) Geotechnical School. Mr.Strater is one of the principal authors of "2017 Manual of Practice on Pilot Tube and Other Guide Boring Methods" published by ASCE/UESI.Mr. Strater currently serves on ASCE technical committees tasked with developing manuals of practice for auger boring, and pilot tube microtunneling. Mr. Strater will provide directional drill design assistance and geology assistance on the 1-75 and Collier Boulevard Utility Relocation Project. Full resumes for the professionals listed above are provided at the end of this section. QUALITY ENTERPRISES USA,INC. TAB 1-8 C^° OE DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project RPS NO.19-7540,COLLIER COUNTY fOrtatiZi MIRE «« _ FORGE ENGINEERING INC.-GEOTECHNICAL ENGINEERING Forge Engineering, Inc. (FORGE) is a fully licensed and insured engineering consulting and materials testing firm located in Naples, FL. FORGE has been serving the public and private sectors since 1996.The principals of the firm having over 50 years of combined experience performing engineering and inspection services in the State of Florida, with over 45 years in Collier County and the City of Naples. FORGE's staff includes. Matt H. Nolton, P.E.who has worked and lived in Southwest Florida since 1975. Over the past 25 years, Matt has been involved with various aspects of many construction projects throughout Collier County. Richard Lundberg, P.E. has over 25 years of geotechnical and construction materials investigations in SW Florida. FORGE's personnel are some of the most experienced engineers and engineering technicians in the SW Florida. Forge has significant prior experience near the 1-75 and Collier Boulevard Utility Relocation Project, which will translate to efficiencies and ultimately less fee paid by the County. FORGE will provide geotechnical engineering for the 1-75 and Collier Boulevard Utility Relocation Project. PASSARELLA 6, ASSOCIATES IATES:: Passarella & Associates, Inc.will provide Environmental Consulting Passarella &Associates,Inc. (Passarella) was founded in 1996 and provides environmental consulting throughout Florida and the Southeast United States. Passarella's team of experienced ecologists, biologists, environmental professionals, geographic information system (GIS) analysts, AutoCAD technicians, and support staff members, has the knowledge and experience to assist clients with navigating environmental regulations, no matter the complexity of the project. Passarella has developed a strong project team approach that provides flexibility and strength. We understand the importance of communication and work closely with our clients to ensure that each project is designated, permitted, and implemented to the highest level of quality, all while complementing the natural environment. Passarella has significant prior experience near the 1-75 and Collier Boulevard Utility Relocation Project. If necessary, Passarella will provide geotechnical engineering for the 1-75 and Collier Boulevard Utility Relocation Project. QUALITY ENTERPRISES USA,INC. TAB 1-9 CAO DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project OE RPS NO.19-7540,COLLIER COUNTY mom= la METHOD OF ENSURING RESPONSIVENESS Frequent and effective coordination between the owner, designers, contractor, sub-consultants, and subcontractors is crucial to the successful completion of a design-build project. Project coordination can be broken into two functions: • Internal coordination between the Design-Build team members • External coordination between the Design-Build team and all other affected parties • The Quality Enterprises/GradyMinor team consists of firms that have successfully work for the County and are respected for providing superior services in the required areas of expertise for this project. Our team members have developed a strong working relationship that will result in a smooth and seamless project for Collier County. The team will provide a single point of contact for the County's Project Manager to ensure that communication is maintained throughout the course of this project. Lou Gaudio, Design-Build Project Manager for Quality Enterprises will be the designated point of contact and will handle all coordination with GradyMinor's design staff,quality control staff, subcontractors, governmental agencies, and permitting agencies. The County's Project Manager will be informed of every issue that could impact the project. Our team will coordinate all contacts with outside agencies as authorized by the County's Project Manager. To maintain control of the project, communication between the Design-Build team and the County will be primarily through the Quality Enterprises design Build Project Manager. Documentation of discussions will be made and distributed to GradyMinor and the County's Project Manager.Quality Enterprises will document all contact with outside parties,whether conducted by Quality Enterprises or GradyMinor. Key points to support our responsiveness are: • Design-Build team responsible offices are locally based • Project Manager lives and works locally • Conduct weekly coordination meetings that include action items and follow-up • Update schedule weekly to keep County informed • 24 hour number provided to County for immediate access TROUBLESHOOTING AND PROBLEM SOLVING TECHNIQUES Quality Enterprises and GradyMinor will use their experience of working together on past projects to mitigate and resolve any issues as quickly as possible. Our escalation approach to problem solving will be in accordance with the requirements of the RFP. Initially, all issues should be attempted to be resolved in the field immediately with no involvement from outside sources. If after 2 hours an issue is unable to be resolved in the field, the matter will be escalated to QE's Project Manager. If after a few hours,there is still no satisfactory resolution, QE's Project Manager will contact GradyMinor and both parties will attempt to move toward to a successful resolution. The objective is to be able to resolve any outstanding field issues within one workday. However, as we have experienced in the past, some issues may require input and approval from the owner. In these cases, unresolved issues will be forwarded to the County's Project Manager in the form of an RFI. QE's Project Manager will then follow up with a phone call to confirm the receipt of the RFI and answer any questions that the County's Project Manager may have. With both QE and GradyMinor staff being located near the project, our presence on site or at a meeting will be immediate. Whether a formal RFI is sent to the County or not,we will at all times, keep the County Project Manager informed of all issues and their resolutions. Responses to resolutions and RFI's will be documented and become part of the final As Builts provided to the County. To ensure successful construction completion, QE will develop and maintain a Construction Quality Control Plan in accordance with Section 105 of FDOT Standard Specifications. The sampling, testing and reporting of materials used will be in compliance with the Sampling,Testing and Reporting Guide (STRG). QUALITY ENTERPRISES USA,INC. TAB 1-10 CAO 1IIE Quality Enterprises USA, Inc. QUALITY Key Personnel-Professional Resumes ENTEPPPBEB Key Personnel Capabilities and Experience Name and Title: Louis J. Gaudio—Vice President/Project Manager Assignment on this Project: Project Manager Name of Firm: Quality Enterprises USA, Inc. No. of Years: With this Firm - 15 With other Firms- 11 Education/Certifications: B.S. Civil Engineer, POLYTECHNIC UNIVERSITY, Farmingdale, New York, 1993 E.I.T. Certification Professional Experience: 2004-Present QUALITY ENTERPRISES USA,INC. 2004-Present,Vice President/Project Manager • Overall responsibilities of all utility and roadway projects in the State of Florida and Mississippi. Projects range from $500k to $20M. Owners include FDOT, Collier County Transportation, Collier County Storm Water Management, City of Marco Island, Town of Fort Myers Beach, Army Corp of Engineers, Naples Airport Authority, Charlotte County, and City of Naples. Oversee the day to day operation of Florida Office. • Responsible for overseeing all Project Managers and Estimators for Florida Projects • Review and select solicitations for bids • Review of bids prior to submission • Responsible for buy-out of all materials and subcontractors • Responsible for writing subcontracts and purchase orders • Responsible for creation of project CPM schedules using Microsoft Project Planner& Primavera • Responsible for acquiring all necessary permits for projects • Responsible for creation of cost codes and tracking cost • Responsible for all payment requisitions, invoices and subcontractor payments • Negotiate change orders with owners Projects: - Riverview Blvd Bridge Project Value$1,193,271.00 - Melbourne Street Bridge Project Value$ 992,550.00 - North Collier Boulevard Reconstruction Project Value$16,949,738.25 - West Winterberry Sewer District Project Value$8,205,462.00 - Basin III Drainage Improvements January 2019 Page 1 of 7 CAO OEQuality Enterprises USA, Inc. QUALITY Key Personnel-Professional Resumes ENTERPRISES Project Value$1,150,735.00 - IDIQ Storm Reduction Projects, US Army Corps of Engineers Project Value$32,636,972.00 - FDOT Design Build SR70 Passing Lanes Project Value$4,545,295.00 - FDOT Design Build SR82 @ 175 Ramp Improvements Project Value$1,397,213.00 - Aqui Esta Drive Improvements Project Value$6,915,062.00 1993-2004 PETRACCA&SONS, INC., WHITESTONE, NEW YORK 1999-2004,Project General Superintendent • Responsible for overall completion of projects to be on schedule and under budget • Responsible for coordination of all labor and equipment forces,Subcontractor Coordination and Scheduling • Responsible for management of Mechanical Superintendent,Assistant Superintendent, Project Engineer, Project Foremen, QA/QC&Safety Personnel • Responsible for management of all GC self-performed items of work -Sheeting, Excavation, Masonry&Site work • Track all labor and equipment costs for GC self-performed items of work • Responsible for Creation of 2 week Look ahead schedules submitted to agency on a weekly basis • Conduct weekly subcontractor foremen meetings • Responsible for the estimate of extra work orders submitted to agency for negotiation • Subcontractor payment approvals Projects: - Public School 253 -New York City School Construction Authority Project Value-$42,000,000-Construction of 100,000 sf school - Public School 69-New York City School Construction Authority Project Value-$35,000,000-Construction of 105,000 sf school 1995-1999, Project Superintendent/ Engineer • Responsible for the daily coordination of labor forces and equipment monitoring • Subcontractor coordination and scheduling • Track and Inspection of subcontractor progression for compliance with plans & specifications • Review of shop drawings for compliance with plans and specifications • Responsible for the creation and updating of CPM Schedule using Primavera • Coordination of Job Site Safety meetings to comply with OSHA requirements • Subcontractor payment approvals,final quantity and close out • Payment negotiations with Owner/CM • Responsible for processing submittals, RFI's and change orders Projects: - Terminal One "Roads" -JFK Intl Airport (subcontractor to Morse Diesel Intl) Project Value-$ 11,000,000-Construction of Steel Bridge & Roadways January 2019 Page 2 of 7 (CAO OEQuality Enterprises USA, Inc. � r y. Key Personnel-Professional Resumes ENTERPRISES - Richmond Hill Shop&Yard - Long Island Rail Road Project Value -$ 23,000,000-Construction of Maintenance Facility - Public School 340- New York City School Construction Authority Project Value-$ 18,000,000-Construction of 60,000 s.f. -3 story building - SR 87 Bridges and Wildlife Crossings-AZ DOT Project Value -$52,000,000.00-Construction of 5 Pre Cast Box Girder Bridges and 3 Cast-In-Place Box Culverts for Wildlife Crossings 1994-1995,Assistant Superintendent • Tracked daily labor and equipment force for building excavation • Coordinated and tracked Structural Steel Subcontractor • Review of shop drawings for compliance with plans and specifications Projects: - New Queens Civil Court House- New York State Dormitory Authority Project Value-$43,000,000 - Rehabilitation of 7 bridges-New York City Department of Transportation Project Value-$ 7,000,000 1993-2004, Estimator • Analysis of construction drawings and specifications • Quantity Take-offs • Design of temporary structures and cost estimate of the same (i.e. Soldier Beam & Lagging, Sheeting) • Cost development and bid preparation for projects$10-$90 million • Responsible for subcontractor solicitation during the bidding process • Responsible for creating schedule using Primavera • Bids for Agencies include: NYSDOT, NYCDOT, NYCTA, NYCSCA January 2019 Page 3 of 7 (7A0 QEQuality Enterprises USA, Inc. � r-y Key Personnel-Professional Resumes ENTERPRISES Key Personnel Capabilities and Experience Name and Title: Paul J. Moriarty—Superintendent Assignment on this Project: Superintendent Name of Firm: Quality Enterprises USA, Inc. No. of Years: With this Firm -27 With other Firms-5 Education/Certifications: • Green Run High School,Virginia Beach,VA • 4yr Plumbing and Mechanical Apprenticeship Program • Journeyman Plumber • Virginia—Plumbing License • OSHA 40-Hour Certification, Hazardous Waste Operations&Emergency Response • OSHA 8-Hour HazWOPER Supervisor Course • OSHA Confined Space Entry Course • U.S.Army Corps of Engineers Training Course, Construction Quality Management for Contractors(CQC) • Maintenance of Traffic Certification, FDOT Professional Experience: Relevant Project#1 Title and Location of Project: Reconstruction of North Collier Blvd. Marco Island, Florida Contract Amount: $17,130,550.00 Position on this Project: General Superintendent Brief Description of Project: The project involved the complete reconstruction of approximately 2.5 miles of a 4-lane roadway on Marco Island. All new utilities were installed including new water main, force main, reclaimed water and storm piping. Pipe sizes varied from 6"to 72" diameter with excavation cuts as deep as 18 ft. All new roadway base materials, asphalt paving and concrete curb and sidewalks. All work was self-performed by QE except for line striping, landscaping and irrigation. Reference for this Project: Mike Daniel, City of Marco Island (239) 825-9554 Relevant Project#2 Title and Location of Project: Reconstruction of South Collier Blvd Marco Island, Florida Contract Amount: $8,394,287.00 Position on this Project: General Superintendent January 2019 Page 4 of 7 CAO OEQuality Enterprises USA, Inc. ENTERPRISES QUALITY Key Personnel-Professional Resumes Brief Description of Project: The project involved the complete reconstruction of approximately 1.0 miles of a 4 lane roadway on Marco Island. All new utilities were installed including new water main, force main, reclaimed water and storm piping. Pipe sizes varied from 6"to 60" diameter with excavation cuts as deep as 18 ft. All new roadway base materials, asphalt paving and concrete curb and sidewalks. All work was self-performed by QEUSA except for line striping, landscaping and irrigation. Reference for this Project: Mike Daniel, City of Marco Island (239)825-9554 January 2019 Page 5 of 7 //Th (cAt)i QEQuality Enterprises USA, Inc. QUALITY Key Personnel-Professional Resumes ENTERPRISES Key Personnel Capabilities and Experience Name and Title: Harlan W. Sawyer—Senior Estimator Assignment on this Project: Estimator Name of Firm: Quality Enterprises USA, Inc. No. of Years: With this Firm- 10 With other Firms-32 Education/Certifications: • North Carolina State University, Raleigh, North Carolina, Bachelor of Science, Civil Engineering— Construction Option, 1972 Professional Experience: Mr. Sawyer is the head of the estimating department at Quality Enterprises USA, Inc. He is responsible for overseeing, and is directly involved in,the takeoff, subcontractor solicitation, material solicitation, pricing, and proposal preparation for all jobs priced and bid upon by Quality Enterprises USA, Inc. He has an extensive background in projects relating to site development, underground utilities, and road and highway work. His experience spans in dealings with customers at the private, local,state, and federal levels of construction. Mr.Sawyer is also able to provide assistance to management as it relates to the processing of change orders. Relevant Projects Repair Aircraft Apron and Bulkhead SP Area, Phase I &II, Naval Station Norfolk,Virginia Mr. Sawyer served as the Senior Estimator in the takeoff and pricing of this project, located on Norfolk Naval Station. The project includes extensive concrete work related to the demolition and recapping of the existing bulkhead, rebar erection for bulkhead and pavement placement, removal and replacement of approximately 45,000 SY of new concrete paving apron, erosion control, earthwork and grading, sheet pile driving,trench drain, and aggregate base. Diamond Springs Road Bridge Replacement,City of Virginia Beach,Virginia Mr. Sawyer served as the Senior Estimator for the pricing of this project, summarized as the demolition and replacement of two bridges for the City of Virginia Beach. The work includes reconstruction and pavement overlay of approximately 0.21 mi. of roadway on Diamond Springs Road, demolition of existing bridges over Van Wyck Canal, construction of new concrete North bound lanes bridge and South bound lanes bridge, new signing and pavement marking, landscaping, utility adjustments, drainage improvements, relocation of existing 10" waterline, and construction of new 6" waterline extension along Haden Road. P-699 Aircraft Maintenance Hangar, Naval Station Norfolk,Virginia Mr. Sawyer served as the Senior Estimator in the takeoff and pricing of this project, located on Norfolk Naval Station. The project involves the site development and foundation work associated with the construction of a new aircraft maintenance hangar. More specifically, the project scope includes site January 2019 Page 6 of 7 CAO OEQuality Enterprises USA, Inc. QUALITY Key Personnel-Professional Resumes ENTEPPRI$E$ demolition and earthwork, underground utilities and storm drainage, stone base placement, asphalt paving, structural excavation, pile caps and grade beams, and structural concrete slabs for both the first and second floors of the hangar. Plaza Maverick Sewage Pump Station Replacement,City of Virginia Beach,Virginia Mr. Sawyer served as the Senior Estimator in the takeoff and pricing of this project, involving the rehabilitation and replacement work for Plaza Maverick Sewage Pump Station for the City of Virginia Beach. The project involved furnishing of equipment, labor and materials for the replacement of sewage pumping station facilities. The work included abandonment and demolition of existing structures; equipment; piping; and miscellaneous site items, repair and modifications to the existing superstructure, construction of a new precast wet well and valve vault, new submersible pumping equipment and other miscellaneous equipment, gravity sewer; force main; natural gas; and water supply piping, electrical and controls, emergency power generator and appurtenances, site improvements, site electric, and all incidental work thereto. Responsible for furnishing equipment, labor and materials for flow bypassing,traffic control and site restoration. Chesapeake Regional Airport, Chesapeake,Virginia Mr. Sawyer served as the Senior Estimator in the takeoff and pricing of this project. The project involved providing labor, equipment and materials to relocate runway/taxiway markings, install erosion & sediment control measures, strip and stockpile topsoil, install French drain/inline storm drain system, excavate, re-grade and compact subgrade of safety areas, place topsoil, seed and mulch disturbed areas, install access road, relocate runway approach controls, and site restoration work. The project work area encompassed approximately 30 acres. Jet Aircraft Ground Run-Up Enclosure Site Prep,Norfolk Int.Airport, Norfolk,Virginia Mr. Sawyer served as the Senior Estimator for the pricing of this project, located at Norfolk International Airport in Norfolk, Virginia. The work included providing labor, equipment, and materials to erect a ground run-up enclosure to provide a location for on-site aircraft testing. The project scope involves earthwork and grading, underground utilities and storm drainage, site electrical, enclosure concrete foundation and structural excavation, aggregate base, and approximately 5,725 SY of aircraft grade concrete pavement. January 2019 Page 7 of 7 1'4f; EParthEarth View, LLC Key Personnel-Professional Resumes Precise U hitt'Locating Key Personnel Capabilities and Experience Name and Title: John C. Daniel—Project Manager/Surveyor Assignment on this Project: Surveyor Name of Firm: Earth View, LLC No. of Years: With this Firm - 1 With other Firms- 12 Education/Certifications: Bachelor of Science,Agriculture Engineering Technology and Business, May 2007 Mississippi State University, Starkville, MS Professional Experience: Work Experience: 2018—Present Earth View, LLC, Naples, FL Project Manager/Surveyor 2008—2018 REM Directional, Inc., Boligee, AL Project Manager/Estimator/Surveyor 2007—2008 Latex Construction, Conyers, GA Field Engineer Superintendent 2006—2007 Brent Engineering, Starkville, MS Surveyor/Engineer As Project Manager/Estimator: • Planned, directed, and managed projects for over 6 years while being a team player and earning the respect of coworkers, engineers, and owners • Ensured projects were completed on time and according to design specifications • Analyzed past and current projects to utilize more effective and efficient methods of managing and completing tasks as well as estimating projects • Successfully coordinated multiple ongoing projects at the same time • Developed daily reports to track work progress and costs • Directly represented contractor in meetings with prime contractors, engineers, and owners • Designed and tracked progress schedules • Managed many HDD, conventional bore, and sheet piling, Direct Pipe projects As Surveyor: • Surveyed and designed bore plans for Horizontal Directional Drilling and Direct Pipe operations • Lay out conventional bores and sheet piling, and Direct Pipe bore pits • Developed CAD drawings from field surveys • Guided over 200 bores for HDD crossings including sizes from 4"to 42" and ranging in lengths from 400 LF to 9,300 LF • Survey with Trimble R8 GPS and Conventional Total Station survey January 2019 Page 1 of 7 riA Earth Earth View, LLC Key Personnel-Professional Resumes Precise Utfiity Locating Project Highlights: • 2008-2009 Kinder Morgan Pipeline Project-98,570 LF of 42" HDDs • 2009 Kinder Morgan Mid-continent Express Pipeline- 11,800 LF of 36" HDDs • 2009 Denbury, Vicksburg, MS-6,200 LF of 24" (Mississippi River) • 2010 Florida Gas Transmission Phase VIII-4 Direct Pipe Projects, over 50 conventional bores of 30" and 36" pipe. • 2011 Boardwalk Pipeline Partners- 9,300 LF HDD of 12" (One HDD Intersection) • 2012 Florida Gas, Clearwater, FL- 13,000 LF of 16" (7,100' HDD) • 2013-2014 ATEX-Seaway/Enterprise Product Project- HDDs, conventional bores, and sheet piling. • 2014-2015 Plains All American, Moss Point, MS to Mobile, AL- 24" • 2015 Oxy, Corpus Christi,TX- 16" HDDs • 2015 Oxy,Victoria, TX-Over 100,000 LF of 8" HDDs • 2015-2016 Kinder Morgan, West Monroe, LA-20", 24" & 30" HDDs • 2016 Genesis Energy- Port Allen, LA- (3) Direct Pipe Projects of 36"/30" HDDs • 2016 Florida Gas Transmission-Titusville, FL- HDD crossing Federal Wetland & CSX Railroad 2750' of 26" pipe • 2016-2017 Sim Group/Maurepas Gas Project-Approximately 35,000 LF of 6", 12", and 24" HDDs (including 5,940 LF of 24" under the Mississippi River and USACE levees) • 2017 Florida Gas Transmission- Championsgate Relocation-2000' of 16" HDD • 2017- Columbia Gas (Cameron Access Pipeline Project)- Lake Charles, LA/4,700' of 36" and 5,600' of 36" Pipe (Marsh work) • 2018- Energy Transfer(Wekiva Parkway Relocation Project) -Sanford, FL/Wekiva River 3,100' of 26" and 3,050' of 12"/several additional HDDs of 26" and 12". • 2018 TransCanada- Direct Pipe Project/1,200' of 36" crossing the Little Kanawha River utilizing the Direct Pipe Method January 2019 Page 2 of 7 f l~\ :. t Earth Earth View, LLC Key Personnel-Professional Resumes Precise Utility Ldcativrg Key Personnel Capabilities and Experience Name and Title: Joseph Townsend—Horizontal Directional Drill Superintendent Assignment on this Project: Drill Superintendent Name of Firm: Earth View, LLC No. of Years: With this Firm -2 With other Firms-5 Education/Certifications: • Palmetto Ridge High School • Butt Fusion Training, large diameter MMI McElroy#824 through 2065, Certified March 2018 • Kansas Institute of Underground Technology, Certified August 2016 • Butt Fusion Training, mid-range MMI McElroy#28 through T-500, Certified May 2016 • Ditch Witch JT100 Mach1 Training Program, Certified May 2016 Professional Experience: Work Experience: Earth View, LLC-Naples, FL June 2017—Present Horizontal Directional Drill Superintendent • Successfully coordinate and oversee multiple HDD projects on a daily basis. • Represent contractor in meetings with customers, engineers, and owners. • Ensure projects are completed on time and within budget. • Create and adhere to projects schedules. Quality Enterprises USA, Inc. -Naples, FL April 2012—June 2017 Utility Foreman • Oversaw a crew of six employees focusing on underground utility and earthwork operations. • Coordinated daily tasks according to priorities and plans, adjusting as necessary due to weather, material delivery and personnel • Oversaw and ensured that all safety rules are being followed onsite at all times PROJECT HIGHLIGHTS • November 2015—Pump Station 302.09 for Collier County, directional drilled 390LF of 10" DR11 DIPS HDPE • March 2016—Orchid Run Water Main Extension for City of Naples, directional drilled 780LF of 12" DR11 DIPS HDPE • April 2016—Central Avenue Improvements for City of Naples, directional drilled 645LF of 10" DR11 DIPS HDPE. • May 2016—Vanderbilt Drive Water Main Replacement for Collier County, directional drilled 2,985 LF of 14" HDPE. • January 2017—Immokalee Road and Collier Blvd Intersection Improvements for Collier County, drilled 586LF of 30" HDPE water main. January 2019 Page 3 of 7 Earth • Earth View, LLC "r Key Personnel-Professional Resumes Precise Utility Locating • April 2017—Addison Place and Tree Farm Force Main Connection for Barron Collier, drilled 365LF of 8" HDPE. • May 2017—Hilton Head Airport Runway 21 Extension for Beaufort County, drilled 1,000LF of 12" DR11 IPS HDPE. • June 2017—Goodland Drive Water Main Replacement for Collier County, drilled 617 LF of 12" and 2,970LF of 10" HDPE. • October 2017—Imperial Golf Course Blvd Water Main Replacement for Collier County, installed 5,640LF of 12" HDPE. • April 2018—Hilton Head Airport Runway 3 Extension for Beaufort County, installed 510LF of 12" IPS HDPE and 510LF of 16" IPS HDPE by directional drill • June 2018—NCWRF 24" Irrigation Water Main for Collier County Public Utilities, drilled 2,530LF of 24" HDPE • September 2018—Collier Blvd &Golden Gate Canal 36" Water Main for Collier County, drilled 680LF of 36" HDPE • November 2018—US 21 (Sea Island Parkway)Water Main Relocation subaqueous crossing for Fripp Island Public Service District, drilled 3,644LF of 10" FPVC January 2019 Page 4 of 7 CAO i•+!~' � Earth View, LLC h"r,,,, Key Personnel-Professional Resumes Precise Utility Locatir g Key Personnel Capabilities and Experience Name and Title: Alan E. Hart—Chemical Mud Engineer Assignment on this Project: Engineer Name of Firm: Earth View, LLC No. of Years: With this Firm- 1 With other Firms-28 Education/Certifications: • Chemical Engineering, Rice University,January 2016 • Chemical Engineering, Halliburton University • Chemical Engineering, University of Wyoming • Certified in Heavy Equipment Operation, Casper Technical College, Casper,WY,January 1983 • High School Diploma,Jackson Hole High School,Jackson Hole,WY,January 1982 • 10-Hour Occupational Safety and Health Training Course (OSHA) • HeartSaver First Aid and CPR (American Heart Association) Professional Experience: Work Experience: Earth View, LLC-Naples, FL Sept. 2018—Current Chemical Mud Engineer • Tailor service plans to each particular job • Train and oversee the development of the HDD crews Dakota Directional Drilling-Ennis,TX Jan. 2016—Sept. 2018 Full Time Chemical Mud Engineer • Developed and implemented tailored service plans to the needs of particular clients REM Directional, Inc. -Boligee,AL July 2012—Jan. 2015 Mud Engineer Baroid IDP-Houston,TX/Elko, NV/Houston,TX Jan. 2006-June 2012 Mud Engineer Down Hole Drilling School-Grand Junction,CO June 2005—Dec. 2009 Level 2 Equipment Operator/Mud Technician Cimarron Construction -Orlando, FL Jan. 2002-July 2005 Mud Technician Tulsa Trenchless-Fort Myers, FL Oct. 1998—Dec. 2001 Technical Consultant • Commissioned and trained customers on operation and servicing of horizontal directional drills. • Performed demonstrations of drills for potential buyers. • Consulted with engineers on product development. January 2019 Page 5 of 7 rrl hrt Earth View, LLC Key Personnel-Professional Resumes Precise Utility Locating • Assisted in the design of a new Auger system. • Customer training on directional drilling electronic locating systems Utility Directional Drilling-Oakwood, GA June 1998—Oct. 1998 Project Manager • Responsible for production and management of directional drilling crews. • Responsible for bidding projects. • Responsible for training and employee development. Ingersoll-Rand-Roanoke,VA April 1997-May 1998 Technical Consultant • Worked on design team of 7,000& 14,000 lb. HDD • Commissioned and trained customers and dealerships on operation and servicing of horizontal directional drilling. • Performed demonstrations for potential buyers and distributors. • Tech rep and mechanic for the Western United States on water well drills. Electric Power& Research Institute-Palo Alto,CA May 1996-March 1997 Supervisor • Designed and built cable pulling system for removing abandoned buried cables. • Managed nationwide cable pulling program which involved training several power company crews on new cable pulling techniques and operation. Aldridge Electric-Libertyville, IL June 1995-May 1996 Field Superintendent • Supervised and managed multiple crews for horizontal directional drilling. • Responsible for bidding projects. • Responsible for training and employee development. • Notable projects include: o Supervised installation of network lighting project at O'Hare International Airport. o Managed installation of the environmental remediation system for Amoco in Whiting, IN. Underground Research -Camas Valley, OR May 1991 -May 1995 Field Supervisor • Built and fabricated custom horizontal directional drills. • Worked on the research and development of horizontal mud motors. • Partner in research and development team for horizontal directional drills, cable pulling trailers, down-hole tools and accessories. • Commissioned and supervised cable pulling projects for both domestic and international markets. • Supervised multiple horizontal directional drilling projects as well as trained several drilling contractors in Bangkok,Thailand. • Notable projects include: o Managed 1/2 mile Snake River directional drill crossing in Jackson Hole, WY for the local power company. Underground Technology Inc. -Camas Valley,OR Feb. 1990-April 1991 Horizontal Directional Drill Operator • Responsible for operation of directional drill rigs and locating systems. • Responsible for profitable project completion, maintenance and repairs of drills. January 2019 Page 6 of 7 CAO Earth Earth View, LLC ,, Key Personnel-Professional Resumes Precise utility Locating • Involved with the Research and Development of the drills and underground cable pulling. • Crew Supervisor o Duties:Job/safety training, payroll, reports, records. o Supervised crews in 8 miles of boring underneath side walls in Clearwater Beach, Florida. o Sidewalks had to be torn up and later replaced once the projects were complete. o Equipment Operator- backhoe, loader,fork lift, drills and drilling equipment. January 2019 Page 7 of 7 1111 Grady Minor Justin Frederiksen, P.E. Mr. Frederiksen is a Senior Project Manager with over 15 years of engineering and utility management experience in the State of Florida. His engineering experience includes design analysis, permit and construction management; technical report i :R writing,plans development,and utility management within Southwest Florida.He has worked with Collier County,Lee County,Charlotte County,DeSoto County,City of NNaples,City of Cape Coral,City of Bonita Springs, City of Fort Myers,City of Punta Gorda, City of Sanibel,FDEP,and SFWMD on various projects. % l Mr. Frederiksen has served as Project Manager on a wide variety of Municipal Projects which required services including the preparation of master planning ' documents, preparation of engineering designs, plans and specifications, project permitting, bidding assistance and selection of contractors, administration and observation of construction contracts, project start-up, and general construction coordination. In his previous capacity as the Deputy Director for the City of Naples, Education Mr. Frederiksen performed rate studies, annual reports of Utility Operations, • Bachelor of Science, grant/loan program administration, and assisted in developing and administering the Civil Engineering, City of Naples Utility Standards, Utility Department annual budgets, and standard University of Florida utility policies. Relevant Projects Professional Registrations/ • City of Naples Reclaimed Water System Expansion(Project Management) Affiliations • City of Naples Aquifer Storage and Recovery Well System(Project Management) • Professional Engineer(PE), • City of Naples Golden Gate Canal Supplemental Water Supply(Project Management) State of Florida • City of Naples Raw Water Main Replacement/Replacement(Project Management) • City of Naples Royal Harbor Fire Flow Improvements(Project Management) -- ,, w • City of Naples WTP Vacuum Press Replacement(Project Management) -':,44614 • City of Naples Wastewater Pump Station Improvements(Project Management) • City of Naples Reclaimed Water Pump Station Improvements(Project Management) -e""' - , « ,§�,y. • City of Bonita Springs Miscellaneous Improvements to Stormwater System,Roadways,and d Canals(Design,Construction,and Project Management) • City of Cape Coral upgrades to 18 pump stations (Design, Permitting, and Construction Management). • City of Fort Myers Wastewater Force Main Transfer (Design, Hydraulic Modeling, •, Permitting and Construction Management). • City of Punta Gorda Modification and Refurbishment of Reclaimed Water Holding Ponds (Design,Construction,and Project Management). • Collier County Upgrades to 5 pump stations (Design, Permitting, and Construction Management). "6. �" • Collier County Addition of Emergency Power Generators to 14 Lift Stations (Design, Alet Permitting,and Construction Management). • Collier County Barron Collier High School water system improvements (Public Relations, Design,Permitting,and Construction Management). • Collier County Naples Park Public Utility Renewal over 3 miles of water, wastewater, stormwater, and roadway improvements (Public Relations, Design, Permitting, and Construction Management). �.ropf • DeSoto County Water and Wastewater System Improvements, Grant Funded (Design, Permitting,and Construction Management). ' 44/ • DeSoto County Improvements to WWTP Influent Screen Piping (Design, Hydraulic F Modeling,Permitting,and Construction Management). dditiattivia Q. Grady Minor&Associates, P.A. Civil Engineers • Surveyors • Land Planners • Landscape Architects CAO R. Daniel Flynn, .E. .( �4 GradyMinor Mr. Flynn offers over 10 years of experience working with multiple cities, multiple counties and the Florida Department of Transportation(FDOT)to produce roadway construction plans. Mr. Flynn has acquired the knowledge base for producing construction plans for multiple municipalities. He is also competent to prepare design calculations and design reports. These include pavement design, typical section packages, horizontal and vertical geometry, superelevation layout, guardrail calculations and intersection design. Mr. Flynn also has experience in permitting with the South Florida Water Management District, providing contract administrative services and preparation of bid documents. Education Relevant Projects • Bachelor of Science, Municipal Projects Civil Engineering, — 3`d Avenue South Improvement Project,City of Naples CRA University of Central Florida — White Boulevard and 23rd Street Intersection Improvement, Collier Professional Registrations/ County Affiliations — SR 100, from Bulldog Drive to Roberts Road, Flagler County (The addition of a pedestrian pathway on the north side of SR 100) • Professional Engineer(PE), — 28th Ave Bridge over Miller Canal, Collier County Florida — SR 500 from Eastern Ave. to C.R. 532, Osceola County • FDOT Advanced MOT Certified (Resurfacing of SR 500) • FDOT Intermediate MOT — Osceola Parkway from Buenaventura Boulevard to Boggy Creek Certified Road, Osceola County(Widening) • Treasurer,APWA Southwest — Golden Gate Estates Hammerheads—Group 9,Collier County Florida Branch FDOT Projects — SR 228 from East of SR 200 to Bicentenial Drive, FDOT District 2 ,/;,./ (Concrete rehabilitation and keyhole widening) t ' - Starke Bypass segment 2, FDOT District 2 (new alignment roadway) — SR 16 from Toms Road to Kenton Morrison Road, FDOT District 2 (The addition of sidewalk on the north and south side of roadway) — SR 16 from Green Acres Road to SR 5,FDOT District 2(Widening for keyhole slots and pavement rehabilitation) Private Proiects — Pelican Landing Pavement Restoration(Pavement restoration for 13 miles of roadway within the community of Pelican Landing) — Barefoot Williams Road Widening (The design for roadway widening and the addition of a shared use path) Q. Grady Minor&Associates, P.A. Civil Engineers•Surveyors•Land Planners•Landscape Architects CAO Sally Goldman, PE GradyMinor :z:k ee ° :AtAi " A Southwest Florida native,Ms. Goldman is a Project Engineer with 3 years of engineering and development experience in the State of Florida. Her engineering experience includes design analysis, permit and construction management;technical report writing, plans development,geotechnical design, j environmental studies, and utility management within Southwest Florida. She has worked with Collier County, Lee County, Charlotte County, City of I ti° ' Naples, Bonita Springs Utilities, various private sector clients, and the FDEP on various projects. Ms. Goldman has served as Project Manager on various Private and Municipal Projects which required services including the preparation of engineering designs, plans and specifications, project permitting, bidding assistance and selection of contractors, administration and observation of construction Education contracts,project start-up, and general construction coordination. • Bachelor of Science, Civil and Environmental Relevant Projects Engineering, • City of Naples Wastewater Pump Station 7 Relocation(Design, Permitting, Project Florida Gulf Coast University Management) • Bachelor of Science,Agricultural • City of Naples Orchid Run Water Main Extension (Design, Permitting, Project Operations Management,University Management) of Florida • Bonita Springs Utilities El Dorado Acres Water Main Extension (Design, Construction,and Project Management) Professional Registrations/ • Bonita Springs Utilities Estero Lockup Gravity Sewer Extension (Design, Affiliations Permitting,Project Management) • Professional Engineer(PE),Florida • Collier County Utilities Vanderbilt Road Water Main Replacement(Inspections and Project Management) • Florida Engineering Society • Collier County Utilities Master Pump Station 302 Diesel Bypass (Design and Project Management) • 2015-2016 Calusa Chapter Young • Collier County Goodland Drive Water Main Replacement Project (Design, ACOE Engineer of the Year and FDEP Permitting,Project Management) • Collier County Pump Station 101.20 Refurbishment (Design, Community "4, z c. , .: Coordination,Project Management) m =.,s . 4 • Collier County Pelican March Elementary School Water Main Extension (Design, 4i,,, �� - �g�� .° Construction,and Project Management) '° • Collier County Utilities Barron Collier High School Water System Improvements (Design,Permitting,Project Management) 4 ,.,7- � d • Collier County Irrigation Reuse Meter Relocation Project , y.1' W It� 1 t • Collier County Public Utility Renewal for Stormwater, Potable Water, Gravity }' .,, Sewer and Force Main in Naples Park (Design, Permitting, Construction - Management) ,'^4,110.1, z ,K,, • Collier County Davis Boulevard and County Barn Road Water Main Replacement (Utility Coordination,Project Management) - • Bayshore CRA Karen Drive Stormwater Improvements(Design,Permitting,Project Management) • Florida Department of Environmental Protection Rookery Bay National Estuarine Research Reserve Industrial Wastewater Permitting and Exemption ` • Arby's Port Charlotte(Design and Permitting) • Summerlin Crossings Drycleaning Solvent Cleanup Program (Design,Testing, Site '" Mangement,FDEP Coordination) • Several private geotechnical investigations and deep foundation monitoring in Lee, Charlotte,and Collier County. �t t Y3n1'^"". Q.Grady Minor&Associates,P.A. Civil Engineers•Surveyors•Land Planners•Landscape Architects CAO ICI Grady Minor Alexander Dunko, E.l. Mr. Dunko has over 4 years of experience working with multiple municipalities in South Florida and has been involved with various water, wastewater, and site development projects. Mr. Dunko has completed project cost estimates, site civil engineering including design of civil site plans, prepared project technical specifications,technical memoranda,wastewater pump station design,sanitary sewer design, and pressurized water and sewer force main design, and State and County n4 permitting documentation. Mr. Dunko has also served as a Civil Engineering Site Inspector(CEI)for multiple projects including the construction of an Aquifer Storage and Recover(ASR)well and public utility water and sewer replacement projects. Relevant Projects Education Municipal Projects • Bachelor of Science, • City of Naples ASR#3 Construction Inspection. Civil Engineering, • Collier County Public Utilities Pump Stations 158.00, 147.00, 151.00, 104.05, Florida Atlantic University 312.25 Rehabilitation. • Collier County Public Utilities Pump Station 302.09 Relocation Professional Registrations/ • Collier County Master Pump Station 104.00 Conceptual Site Planning. Affiliations • Collier County Public Utilities Master Pump Station 313.00 Conceptual Site Planning. • Collier County Public Utilities Master Pump Stations 104.00,312.00 and Pump • Engineering Intern Stations 147.00, 151.00, 104.05 Asset Data Collection. #1100018919, State of Florida • Collier County Public Utilities Master Pump Station 321.00 Bypass Connection. • Collier County Public Utilities Heritage Bay Master Pump Station Design. • Envision Sustainability • Collier County Public Utilities Evaluation of Potable Water Service to the Professional#11798 Northeast Service Area. • Collier County Public Utilities MPS 302.00 Conceptual Site Expansion and Easement Coordination. • Collier County Public Utilities Pelican Bay WRF Feasibility Study. • Collier County Public Utilities SCWRF Reclaim Water Tank Storage Evaluation. • Collier County Public Utilities NCWRF North Train Condition Assessment. • City of Naples Cove Stormwater Pump Station Outfall Improvements and Water Quality Project. • City of Naples Naples Beach Restoration and Water Quality Improvements • Collier County Public Utilities CEI Services for Immokalee Road/CR 951 24- inch& 16-inch Force mains. • Collier County Public Utilities Immokalee Road Chloramine Booster Station CEI. • Collier County Public Utilities Pump Stations 158.00, 147.00, 151.00, 104.05, 302.09 Services During Construction. • Collier County Public Utilities Warren Street Public Utility Improvements. • Collier County Public Utilities Wildflower Way Public Utility Improvements. • Collier County&City of Naples West Goodlette-Frank Road/Rosemary Heights&Gulf Acres Area Joint Stormwater-Sewer Improvements. • Collier County Public Utilities Pump Station 101.07 Relocation • Collier County Public Utilities Pump Station 101.06 Relocation Q.Grady Minor&Associates,P.A. Civil Engineers •Surveyors •Land Planners •Landscape Architects �:no Donald L. Saintenoy III, PSM 112 GradyMinor e g., Project llititager Mr. Saintenoy has a degree in surveying from the University of Florida and is a licensed Professional Surveyor and Mapper in Florida. In addition he has over twelve (12) years of survey experience with the past six (6) years as Director of Surveying at GradyMinor. His expertise runs across the discipline and includes directing survey field crews on data collection for design surveys, o boundary and construction surveys. He manages survey technicians in the reduction of raw data, boundary calculations and production of survey drawings, point identification maps, right-of-way maps and record drawings. Donald performs services for the Public and Private sectors. Public sector projects have been completed for Collier County Public Utilities, Transportation, the Airport Authority, Stormwater, EMS, Parks &Recreation and Coastal Zone Management. Education • Bachelor of Science, Recent work performed for our Public Sector Clients have included the creation Geomatics College of Engineering at the of legal sketches and descriptions,boundary surveys,existing condition surveys,and University of Florida construction as-builts surveys. Gainesville,FL. Example Project List P.S.M.#6761 PUBLIC SECTOR: Professional Registrations/ Affiliations • 93th & 94th Avenue—Existing condition survey for 2 miles of water main replacement. • Member of the Lee/Collier • Barron Collier High School—Existing conditions survey and legal FSMS Chapter sketch and description creation for water system improvements. • Professional Surveyor and • Pelican March Elementary School-Existing conditions survey,SFWMD Mapper,Florida canal cross sections, and legal sketch and description creation for water system improvements. b6 • 23rd Street/Golden Gate Canal - Bridge Design Survey ,� ' - • White Boulevard,23rd Street and 28th Avenue—Legal Descriptions and b.-. sketches for right-of-way and easements. • Golden Gate Estates—Drainage Structure Mapping • Bayshore/Davis Blvd.—Design survey for stormwater improvements • Naples Park—Water main upgrade design survey • Immokalee Regional Airport—Boundary survey ' -'A1 '4'0 3 • Naples Zoo—Goodlette Road improvements design survey ,,Y ; t i PRIVATE SECTOR: • 'PI 4. r • Fiddler's Creek—Plats, design surveys, boundary surveys, construction . �' 19 stake-out, record surveys ' • Pelican Bay — High-rise parcel surveys, construction stake-out, condominium exhibits / . o ,34 - '' '' --.0 A • Marbella Lakes—Livingston Road improvements design survey • Manchester Square-Livingston Road improvements design survey Q. Grady Minor &Associates, P.A. Civil Engineers•Surveyors•Land Planners•Landscape Architects -8- CAO Rick Featherstone 10 GradyMinor : 9', . specor Mr. Featherstone is a Manager with more than 34 years of experience in civil construction, road building, underground utility and storm drainages systems. Rick has a clear understanding of construction practices and requirements from state and local agencies that have jurisdiction over the work. Rick's skills include the ability .,, to interpret, understand and apply the requirements shown in construction documents (drawings, technical specifications, applicable standards, etc.) and be VIZ able to identify, both verbally and in writing, any deviations to the project team. h " Mr. Featherstone supervises our team of inspectors who develop and distribute detailed daily construction progress reports; and has been working as a direct liaison with Clients,Contractors,and Residents. Mr. Featherstone's abilities include: • Monitoring&record summary data of the Contractor's work efforts • Report deviations from the approved design and or regulatory requirements Education • Report quantity and time for completing payable tasks on the Construction HS Graduate,2 years college. Project • Review and recommendation of contractor's monthly draws Registration/Certification • Monitor safety of construction efforts. Certified General Contractor. • Monitor&report quality of work being performed by the Contractor. CGCO40351 • Responsible for performing highly complex technical assignments, 2014 FL DEP Stormwater construction layout, making progress payments, checking engineering Erosion Inspector Certification computations, inspecting construction work. HAZWOPER Certified HAZWOPER Supervisor Mr. Featherstone has provided expert construction inspection on the following , projects: Water and Sewer Replacement. ***4 Field Inspector:Naples Park 97th Ave N 700 Block. Water and Sewer Replacement. Hammerhead Turn a rounds for Waste Management Trucks. Field Inspector,Collier County Hammerhead Group 8C&8D Commercial Retail Development , Project Manager,Cameron Commons,Naples,FL Beacon Drive Restoration. Project Manager,Charlotte County Florida 1,17,17 Forest Lakes Drive Phase I - Project Manager: Collier County Forest Lakes MSTU #4. Q. Grady Minor &Associates, P.A. Civil Engineers•Surveyors•Land Planners•Landscape Architects (:AO OE DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project SarITy 13 RPS NO.19-7540,COLLIER COUNTY 'a`e TAB 2 - CERTIFIED MINORITY BUSINESS ENTERPRISE QUALITY ENTERPRISES USA,INC. TAB 2 CAO DESIGN-BUILD I.75 and Cdlier Boulevard Utility Relocation Project != RPS NO.19-7540,COLLIER COUNTY CRITERIA NO. 2 - CERTIFIED MINORITY BUSINESS ENTERPRISE Quality Enterprises USA, Inc. is not a certified MBE, but QE always strives to team with sub-consultants/contractors that are certified MBE. For this design-build project, Quality Enterprises' has teamed with Kates Enviro Fencing Inc. and Unlimited Turf who are both State of Florida certified MBE's. Kates Enviro will handle Erosion Control and Unlimited Turf will handle installation of sod. Kate's Enviro Fencing Inc. - Kate's Enviro is a locally based contractor that is an FDOT Certified DBE Subcontractor which performs installation of Erosion Control Devises. Kate's has worked with Quality Enterprises for the last 12 years on most of their projects installing silt fences, hay bales and turbidity curtains. Unlimited Turf, LLC.—Unlimited Turf is located in Okeechobee, Florida and is an FDOT Certified DBE Subcontractor. They will provide the sod installation for this project. Unlimited Turf has worked with Quality Enterprises for over 10 years on most of their projects. Many of these projects have been for Collier County, City of Naples, Lee County and FDOT. (i;AL) QUALITY ENTERPRISES USA,INC. TAB 2-1 DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project 9AJE RPS NO.117540,COLLIER COUNTY ... 11/ TAB 3 - PAST PERFORMANCE CA() QUALITY ENTERPRISES USA,INC. TAB 3 OE 0 DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project RPS NO,19-7540,COLLIER COUNTY YAWL. CRITERIA NO. 3 - PAST PERFORMANCE For the 1-75 and Collier Boulevard Utility Relocation Design Build Project, QE has assembled a local and experienced team of professionals that have worked together on many similar projects in Collier County. Our Team's experience, institutional knowledge and relationships with the key stakeholders, permitting agencies, material suppliers, and property owners will result inl a high quality and efficient project. Our Team is primarily made up of local firms, that possesses the expertise to fulfill the stated objectives in the RPS and to ultimately provide the residents, businesses, and visitors of Collier County with infrastructure improvements that will serve them positively for many years to come. Additionally, all of the work for this project will be performed from our local office less than a 0.5 miles from the project site. As depicted below, each team member has significant similar experience. Quality Enterprises USA, Inc. Quality Enterprises USA, Inc. has successfully managed and completed many projects on the same order of magnitude as is required under this Design Build as well as many others that have been on a larger scale. We are currently wrapping up a Collier County Project- Collier Blvd and Golden Gate Canal 36" Watermain Direction Drill, this is a $800k project located in the same footprint as this proposed project and involved drilling thru heavy rock for both the directional drill and open cut portion. The project is a success and provides us the local experience to deal with the same geotechnical and environmental issues that we will face on this project.The project is 98%complete. The following are a few of the most relevant projects as they pertain to this RPS: • Fripp Island, SC-US21 Watermain Replacement • Project Value-$2,695,294.00 • Project Description-This project involved the installation of approximately 3,700 LF of 10" Fusible PVC by Horizontal Directional Drill. This drill was a subaqueous drill under the Harbor River on Fripp Island. Several road crossings and tie ins were also involved as well as restoration. • Additional Project Information - The entry and exist pits of this drill were located adjacent to existing wetland areas which involved a detailed plan for drilling to handling mud extraction and handling of spoils from the excavations.The project was successfully completed with no environmental issues. "ate- „” maq ' " % N k t ' d �- - k ri s- x c kili'aIt a � � y�� ,�y,kw v .. w. � �,, ,, • City of Venice, Fl-Border Rd Watermain Extension • Project Value-$ 687,166.00 • Project Description - This project involved the installation of over 6,000 LF of 12" PVC and FPVC watermain piping for the City of Venice along a heavily traveled roadway. Over 1,000 LF was installed under 1-75 by Horizontal Directional Drill. • Additional Project Information-Close coordination with FDOT to perform a Horizontal Drill under 1-75 and heavy MOT due to high volumes of traffic QUALITY ENTERPRISES USA,INC. TAB 3-1 CAO OE ID DESIGN-BUILD-75 and Collier Boulevard Utility Relocation Project p ��Ty RPS NO.137540,COLLIER COUNTY '""" • Collier County-Immokalee Rd and Collier Blvd Intersection Improvements ■ Project Value-$ 7,750,472.00 • Project Description -This project involved the complete reconstruction of the intersection including a new bridge,relocated utilities,500 LF directional drill of a 30" HDPE Pipe, earthwork,curbs,sidewalks and asphalt paving. • Additional Project Information-This project was located in a very high volume traffic area where MOT was a key aspect. Project was completed with no accidents or safety issues. The project also involved close coordination with Collier County Utilities as well as SFWMD to divert a major canal along Immokalee Rd. �,...".. z :`. A ,+Y" CLLr. ",y' 4 - R4 i tx r,,, ,,,,.,a..:';''''' & ?.: � 2 moi+ ��l�,x.,a . i G d .. ..M. � moi .• x d r • City of Marco Island-Reconstruction of South and North Collier Blvd • Project Value-$ 24,873,224.00 • Project Description-This project involved the complete reconstruction of one of Marco.Island's heaviest traveled roadway's lined with major hotels, condo's, restaurant's and business. QE nstalled all new utilities and stormpiping. Utilities sizes varied from 4" to 24" pipe,totaling over 60,000 LF of pipe. • Additional Project Information - QE self performed all work except for landscaping/irrigation & line striping. All work was completed on time with QE receiving a $200,000.00 early completion bonus. • Collier County-Goodland Drive Watermain Replacement • Project Value-$ 1,039,966.00 ■ Project Description - This project involved the installation of nearly 4,000 LF of 10" and 12" HDPE Watermain piping by Horizontal Directional Drill. • Additional Project Information-The project is located within an environmentally sensitive area b ,. 1 • 4 . J �'k.wYWMvw,,„ 4. '' rds X .. Y ,ce Y, - .,rad +R Nue +t' .k^ QUALITY ENTERPRISES USA,INC. TAB/3-2 /�An DESIGN-BUILD I-75 and Cdlier Boulevard UOlity Relocation Project RPS NO.19-7540,COWER COUNTY • Florida Department of Transportation-Design-Build SR 70 Passing Lanes • Project Value-$4,545,295.00 • Project Description -This project involved the complete Design and construction of 7 miles of passing lanes along SR70. The work consisted on clearing and grubbing, earthwork, lime rock base, asphalt paving, creation of storm-water retention areas, sodding, guardrail and line striping. • Additional Project Information-This project was delivered on time and on budget without any change orders. The project was located in an environmentally sensitive area and in close coordination with SFWMD and Florida Fish Game and Wildlife was required. MOT was also a key aspect as this is a highly traveled road with many vehicles traveling at high rates of speed. Project was completed with no accidents or safety issues. • Florida Department of Transportation- Design-Build 175 at SR 82 Off Ramps • Project Value-$1,447,213.00 • Project Description -This project involved the complete Design and construction of southbound and northbound off ramps from 175 on to SR82.The work consisted on clearing and grubbing,earthwork,lime rock base, asphalt paving, storm piping, creation of storm water retention areas, sodding, guardrail, signalization and line striping. • Additional Project Information-This project was delivered on time and on budget without any change orders. The project was located in an environmentally sensitive area and in close coordination with SFWMD and Florida Fish Game and Wildlife was required. MOT was also a key aspect as this is a highly traveled road with many vehicles traveling at high rates of speed. Project was completed with no accidents or safety issues. Earth View, LLC Earth View has extensive local experience in directional drilling of utility mains and subsurface utility locating projects on the same order of magnitude as is required under this Design Build as well as many others that have been on a larger scale.The following are a few of the most relevant projects as they pertain to this RPS: • City of Naples-Orchid Run Water Main Extension • Project Value-$123,003.25 • Project Description - In 2016 Earth View installed 780LF of 12" HDPE by Directional Drill to extend the water main off Mercantile Avenue to provide water to a new apartment complex. • Collier County- Immokalee Road and Collier Blvd Intersection Improvements • Project Value-$7,755,993.95 • Project Description-Earth View directional drilled 586LF of 30" HDPE and 365LF of 8" HDPE in 2017 for a water main as part of an intersection improvement project that would adequately supply future developments. • Collier County-NCWRF 24" Irrigation Water Main • Project Value-$1,456,841.00 • Project Description - Earth View installed over 6,000LF of 24" HDPE from NCWRF to Immokalee Road in 2018 to feed water to nearby developments for their landscape irrigation. • Beaufort County- Hilton Head Airport Runway 3 Extension • Project Value-$6,869,328.10 • Project Description- Installed 1,000LF of 12" HDPE, 510LF of 12" HDPE and 510LF of 16" HDPE in order to relocate utilities as part of the extension to the Hilton Head Airport in 2018. • Collier County-Collier Blvd & Golden Gate Canal 36" Water Main • Project Value-$728,970.00 • Project Description-In September 2018, Earth View installed 657LF of 36" HDPE potable water line using an American Auger DD-4440T. QUALITY ENTERPRISES USA,INC. TAB 3-3 QE DESIGN-BUILD I-75 and Collier Boulevard Ufility Relocation Project RPS NO.19-7540,COWER COUNTY • Fripp Island Public Service District—US 21 (Sea Island Parkway) Water Main Relocation • Project Value-$2,695,294.00 • Project Description—Installed 3,645LF of 10" Fusible PVC by directional drill in November 2018 to service Hunting Island and Fripp Island This project allowed the island to maintain water service without interruption during bridge construction. Q. Grady Minor&Associates, P.A. GradyMinor has been providing professional utility renewal services for over 35 years in SW Florida. In Collier County within the last 5 years alone we have successfully completed the design of many miles of utility replacement projects. Our utility replacement experience within congested ROWs in the last 5 years includes: • Over 15 miles of water main replacement designs ranging in size from 6-12" • Over 8,000' of water main directional drill designs ranging in size from 10-14" • Over 10,000' of wastewater force mains designs ranging in size from 4-24" • Over 15 miles of gravity mains designed (wastewater and stormwater) GradyMinor is exceptionally familiar with the project area as we assisted the County in ascertaining a Florida Power & Light (FPL) consent agreement to place the proposed water main associated with the 1-75 and Collier Boulevard Utility Relocation Design-Build project within FPL's easement from the South County Regional Water Treatment Plant to Radio Road, encompassing the entire length of this project, east of Collier Boulevard. Additionally, GradyMinor is currently assisting Collier County to receive utility easements from all the underlying property owners within the FPL easement. Lastly, GradyMinor is the engineer for the proposed development (Watermark Apartments at Naples) at the northwest corner of the intersection of Davis Boulevard and Collier Boulevard. GardyMinor's knowledge and experience with these projects will translate to efficiencies and cost savings to the 1-75 and Collier Boulevard Utility Relocation Project. GradyMinor is highly experienced with utility replacement projects. Provided below are similar utility replacement projects,which GradyMinor has successfully completed within the last 5 years. • Goodland Drive Water Main Replacement • Project Value-$155,328 (design & construction admin) -$1,039,996 (construction) • GradyMinor's performed the design, permitting, public relations, bidding, and construction administration for the water main replacement along Goodland Drive. Collier County's water main along Goodland Drive is the sole source of potable water for the Town of Goodland. The existing water main had been a persistent problem for Collier County,caused in part due to the corrosive environment along the project route that has resulted in premature failure to valves and fittings on the water main. Repairs to the existing water main requires the entire Town's potable water supply to be temporarily shut down and the entire Town placed on a precautionary boil water notice. Goodland Drive has a platted 100' ROW, but is heavily restricted by encroaching mangroves resulting in approximately 40-50' of useable ROW. The "usable" ROW includes two 10' travel lanes, a 10' multiuse path, a wastewater force main, potable water main, overhead power, underground fiber optic cable, and various underground soft utilities. The new water main was designed with 3,300 feet of 12" directional drilled water main piping and 1,000 feet of open cut water main to facilitate construction along Goodland Drive without affecting the mangroves, existing utilities, or vehicular access along Goodland Drive. Additionally the water main design had to consider the planned raising of Goodland Drive. GradyMinor coordinated with the Rookery Bay and the Conservancy of Southwest Florida during the design and construction of this project do the proximately of the proposed improvements to mangrove forests and Rookery Bay. GradyMinor successfully completed permitting along the entire project route through FDEP (PWS and ERP), City of Marco Island, Collier County, and the ACOE. The construction of this project was completed in 2017. • Orchid Run Water Main Extension • Project Value-$40,680 (Design & Const. Admin)-$171,750 (construction w/o materials) • GradyMinor was contracted by the City of Naples to perform preliminary engineering, design, permitting, bidding, and construction administration services for the extension of a water main from the Orchid Run Apartment to the industrial park to the south. The project included the extension of a 12- inch water main (1,500 feet) from an existing City water main near the intersection of Golden Gate Boulevard and Livingston Road to an existing water main Mercantile Avenue and Commercial Boulevard. The water main was extended within an existing Florida Power & Light (FPL) easement and QUALITY ENTERPRISES USA,INC. TAB 3-4 (aO OE DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project RPS NO.19-7540,COLLIER COUNTY metal under the South Florida Water Management District's (SFWMD) Golden Gate Canal, designed (and constructed) as a 1,000 linear feet 12-inch directional drill. The project eliminated a dead-end water main and provided looping of the City of Naples water system in the north eastern portion of the City's water system. Permitting was required through the FDEP, the SFWMD (ERP and ROW), and the Collier County ROW department. Additionally, easements were required from the underlining property owners and a Consent Agreement was required from FPL. GradyMinor performed extensive coordination between the affected industrial park's businesses and FPL during the design and construction of the water main extension. The construction of this project was completed in June 2016. • Wildflower Way Waterman Improvements • Project Value-$42,796 (Design) -$583,000 (construction w/o materials) • As part of Collier County's program to improve the looping and redundancy of the potable water system, the County contracted with GradyMinor to provide design, permitting, bidding, and construction administration for the installation of a 12" new water main along Wildflower Way. Currently there is not a water main along Wildflower Way between Saint Andrews Boulevard and Lely High School Boulevard, a distance of approximately 3,500 feet. Due to the narrow available ROW and steep ROW shoulder, the project was designed as 3,600' of 14" DR 1 HDPE directional drilled water main and 400' of 12" DR 18 PVC open cut water main. Construction of this project began in January 2019. • 8th Street Force Main Extension • Project Value-$49,830 (Design) • GradyMinor was contracted by the City of Naples to provide preliminary engineering, design, permitting,and construction services for the extension of a 12"force main to provide a larger dedicated force main to improve pumping efficiencies at Wastewater Pump Stations south of 5th Avenue South. The project consisted of the installation of -4,000 linear feet (LF) of 12" force main, valves, air release valves,and two directional drills (14" HDPE),one of which under US41 (a FDOT roadway).Approximately 3,000 feet of the new force main was designed as open cut 12" C900 PVC and 1,000 feet was designed as 14" DRI 1 HDPE. Permitting was required through the FDEP and FDOT for this project and the force main extension was incorporated into the 8th Street improvement project plans as FDOT style Utility Adjustment Plan sheets. • Davis Boulevard and County Barn Road Water Main Relocation • Project Value-$25,945 (Design & Const. Admin) -$45,986 (construction w/o materials) • GradyMinor was contracted by Collier County to provide design, permitting, bidding, and construction administration assistance for the relocation of a section of water main at the intersection of Davis Boulevard (SR84) and County Barn Road. As a result of FDOT proposed improvements to SR84, an existing Collier County 16" PVC water main required relocation to accommodate a new signal mast arm. The water main conflict was discovered just prior to the FDOT's construction beginning and therefore required extensive coordination and fast track permitting through the FDOT by GradyMinor. Collier County called on GradyMinor for this project as they needed an experienced, nimble, and efficient engineering firm to work nonstop on this project until it was completed. GradyMinor worked closely with the FDOT and Collier County to quickly and efficiently relocate the water main ahead of the FDOT's work. Approximately 100 feet of existing 16"water main was relocated as part of this project in 2017. GradyMinor worked closely with utility companies during the design and construction as the relocated 16" water main had to cross three buried communication lines including a fiber optic cable. Ultimately the 16" water main was relocated ahead of the FDOT's planned roadway improvements. • West Goodlette-Frank Road Joint Sewer-Water-Stormwater Improvements • Project Value-$695,591 (design) -$13,353,480 (construction) • Project Description - The project includes the replacement of 16,000 LF of existing 6-inch asbestos concrete and class PVC water main with 6 and 8-inch PVC water main piping and associated water services, fire hydrants, and isolation valves; the installation of a new wastewater collection and distribution system consisting of 17,000 LF of new 10-inch PVC wastewater gravity sewer pipe and associated new precast concrete manholes, new sanitary sewer service laterals, two (2) new pump stations, and approximately 5,000 LF of 4-inch, 6-inch and 8-inch PVC force main piping; three (3) connections to water mains within FDOT ROW; the replacement of the existing stormwater system with a new comprehensive stormwater collection, transmission and treatment system consisting of the QUALITY ENTERPRISES USA,INC. TAB 3-5 CAO CIE DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project q' RPS NO.19-7540,COLLIER COUNTY SWAremoval and disposal of various sized corrugated metal pipe,reinforced concrete pipe,and corrugated plastic pipe and drainage structures;the installation of 26,000 LF of 15" -36" HDPE and perforated HDPE stormwater piping; the installation of 7,100 LF of 15" -36" RCP stormwater piping; and the installation of various types of catch basins, sediment catch basins,junction basins, inline yard drains,swales, mitered end sections,and two box culverts;the complete rebuilding of all the roadways within the project limits, approximately 3.5 miles of residential roadways; and consideration for a future sidewalk, requiring the design to maintain a 5-wide area. Permitting was required through the FDEP, FDOT,SFWMD,and Collier County ROW. The project was designed in 2018 and construction has begun. • 107th and 110th Avenues North Public Utility Renewal • Project Value-$384,756 (design) -$9,020,080 (construction) • This project was completed (construction) in May 2018 and generally consisted of the replacement of 9,500 LF of 6-inch AC water main piping with 8-inch PVC water main piping, 300 water services, 20 fire hydrants, 24 sewer concrete manholes, 300 PVC sewer laterals and property line cleanouts, 4,050 LF of 24-inch force main piping and associated valves and ARVs; 8,800 LF of 18" & 24" HDPE perforated stormwater piping and 7,500 LF of 18" & 24" HDPE and RCP stormwater piping, 190 catch basins, sediment catch basins,junction basins, inline yard drains, and mitered end sections; complete ROW to ROW restoration including driveways, sidewalks, and landscaping; and the complete rebuilding of the roadway, including new subgrade, base, and asphalt. Permitting was required through the FDEP, SFWMD, and Collier County ROW. Brierley Associates Brierley has provided expert directional drill support on thousands of feet of directional drilled pipelines varying in size from 12 inch to 54-inch diameter. Provided below are similar projects,which Brierley has successfully completed within the last 5 years. • 54-inch Diameter HDPE Force Main, Miami Beach, FL For this design build project,Brierley was the trenchless designer for contractor. This world record directional drilling project included a 3,000-t-long and a , 41, 1,200-ft-long,installation of 54-in diameter HDPE pipe using horizontal direction drilling (HDD) methods. Although long reach HDD of 54-in diameter HDPE have been previously accomplished, they were on the order of 1,000-feet. Brierley ": designed the pipe; the drill path and alignment; methods for overbend, buoyancy control, and differential pressure control; and evaluated the ; 'r required pulling forces and pipe stresses to ensure that the integrity of the pipe ! '' was not compromised during this installation. t' • Bluebill Avenue Bridge Force Main Design, Collier County, FL *lel Working with Quality Enterprises USA, Inc., Brierley completed the HDD design k. t and submittal calculations for installation of a 16-in HDPE force main below Vanderbilt Canal. The bore path was 725-ft in length in weathered �' E � limestone. Additionally, Brierley developed the bore path geometry and • , completed the frac-out and pipe pull force analysis. q i QUALITY ENTERPRISES USA,INC. TAB 3-6 (CA() DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project [IE CI fiVO RPS NO.19-7540,COLLIER COUNTY3IX • Immokalee Rd &SR 951 (Collier BLVDI HDD Crossing, Collier County, FL Working with Quality Enterprises USA, Inc., Brierley provided and evaluated as- � `:` " - built information for a 30-in diameter water main installed at the intersection of , Immokalee Rd &SR 951. . ' : X, • 24 inch IQ Water Main, Collier County, FL Working with Quality Enterprises USA, Inc., Brierley provided an evaluation of selected drill steel for HDD construction of a 24-in diameter HDPE water main ffi installed at the Goodlette Frank Crossing. - • Marco Shores Alternative Water and Sewer, Collier County, FL Working with Quality Enterprises USA, Inc., Brierley completed the HDD design and submittal calculations for installation of a 16-in HDPE Water Main and 20" ,,,, I. ,. , Force Main subaqueous drills under Marco Shores Waterway. Bore path's for each are approximately 2,300 LF. Additionally, Brierley developed bore path geometry, and completed frac-out and pipe pull force analysis. • Water Supply TWMP Segment 4, JEA, Jacksonville, FL Brierley provided design assistance on for the design build of a multi curved 30-in HDPE pipe and 2,060' long directional drill for pipe installation including drill fluid management and pipe design for the contractor. • Raw Water Supply Intake Pipes, City of Grand Forks, ND Brierley provided design and construction management services for two 2,500' long and two 1,100' long, 30-in diameter coated steel water intake pipes installed by directional drilling methods. Soil consisted of soft to very soft and corrosive silt and clay. Brierley was responsible for subsurface characterization,including geotechnical and geological studies, design, cost estimating, and construction oversight of four directional drilled water intake pipes for a new gravity raw water supply,tapping into two rivers. The pipes deliver raw water to a pump station at an elevation of 30' below the river surface and 65' ft below the ground surface. The completed project was modified during final design to include two 30-in diameter finish diameter pipes and one 36-in diameter pipe. .� f. t t e ® • :i s "y r ' �, + , 1 , -..— :,...,:,- Ni.r.,t,,i,..oloi'',,,,t,'' ,:,,..1...:,,--,1,?., , yr .&iv ..'�t _ s „::¢ `m _ ,� .�/ 3 • '' ',41,70.4" , . -irl '.:11111,,,,k7: , ' , ' '',i ,=°,-, Aiggi k"" .,::', b:,, '-' 464"4..:' . ' s t 1411* 'I''' :::::,,,,,,,7 8 , W 9 L� Uy.i $ d vn oiii: il:ii,,_ ::,,,,,,..„,,,,o, .1,,,,,, QUALITY ENTERPRISES USA,INC. TAB 3-7 Co trier Comity Administrative Services Department Procurement Seri ces Division Reference Questionnaire Solicitation: Design Build I-75 and Collier Boulevard Utility Relocation Project RPS No.19-7540 Reference Questionnaire for: Quality Enterprises USA,Inc. (Name of Company Requesting Reference Information) Louis J.Gaudio,Vice President (Name of Individuals Requesting Reference Information) Name: MICHAEL DANIEL Company: CITY OF MARCO ISLAND (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: n/a Telephone: mdaniel@cityofmarcoisland.com 239.825.9554 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." Project Description: Reconstruction of Collier Blvd, Completion Date: June 2008 South and North. Roadway and Utilities Project Budget: $24,873,224.00 Project Number of Days:973 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; 10 invoices;manuals or going forward documentation,etc.) 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 CAO Co.:igr County Administrative Services Department Procurement Services Derision Reference Questionnaire Solicitation: Design Build 1-75 and Collier Boulevard Utility Relocation Project RPS No. 19-7540 Reference Questionnaire for: Quality Enterprises USA,Inc. (Name of Company Requesting Reference Information) Louis J.Gaudio,Vice President (Name of Individuals Requesting Reference Information) Name: q Hou.h,le Company:CMt1 TI API (Evaluator ompleting reference questionnaire) (Evaluator's Company completing reference) Email: 4,1111elottat4@ Ytotjkcyr.e4'rV FAX: 234• /.43-41+1 Telephone:InIt3 41-13 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." Project Description: Central Ave Roadway and Utilities Completion Date:October 2016 Including open cut and directional drills Project Budget: $4,502,433.00 Project Number of Days: 360 Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 14 2 Ability to maintain project schedule(complete on-time or early). 1 0 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 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. 1 8 Abiltity to manage risks and unexpected project circumstances. 1 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. ! 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS 1 fl (CAO Cater County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: Design Build I-75 and Collier Boulevard Utility Relocation Project RPS No. 19-7540 Reference Questionnaire for: Quality Enterprises USA,Inc. (Name of Company Requesting Reference Information) Louis J.Gaudio,Vice President (Name of Individuals Requesting Reference Information) Name:Andy Holland,P.E. Company:City of Naples (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: aholland(i4naples;;ov.com FAX: Telephone:239-290-4121 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." Project Description: Basin III Stormwater Improvements Completion Date: April 2012 Project Budget: $ 1,150,735.00 Project Number of Days: 210 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; 10 invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. I 0 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 CAU Colter County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: Design Build I-75 and Collier Boulevard Utility Relocation Project RPS No. 19-7540 Reference Questionnaire for: Quality Enterprises USA,Inc. (Name of Company Requesting Reference Information) Louis J.Gaudio,Vice President (Name of Individuals Requesting Reference Information) Name:Denis Ozowara Jr.,P.E. Company:Johnson,Mirmiran&Thompson (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: dozowara@jmt.com FAX: Telephone: 757-552-1061 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." Project Description: 3700 LF Subaquaous Drill of a 10" Completion Date: January 25,2019 Water Line Installation Project Budget:$2,900,000 Project Number of Days: 180 Calendar Days 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; 10 invoices;manuals or going forward documentation,etc.) 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 CNO (c_80 Cofer County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: 19-7540 Design Build 175&Collier Boulevard Utility Relocation Reference Questionnaire for: Q.Grady Minor and Associates,P.A. (Name of Company Requesting Reference Information) Justin Frederiksen, P.E. (Name of Individuals Requesting Reference Information) Name: Diana Dueri,PMP Company:Collier County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:Dianadueri@colliergov.net FAX: Telephone:(239)252-4218 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: 107th and 110th Ave PUR Completion Date: June 2018 Project Budget:$547,322 Project Number of Days:_730 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; 10 invoices;manuals or going forward documentation,etc.) 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 Cofer County Acrninistrattre be"' Department Procurement`3e^vscas Reference Questionnaire Solicitation: 19-7540 Design Build I75&Collier Boulevard Utility Relocation Reference Questionnaire for: Q.Grady Minor&Associates,P.A. (Name of Company Requesting Reference Information) Justin Frederiksen,P.E. (Name of Individuals Requesting Reference Information) Name:Allyson Holland,P.E. Company: City of Naples (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:amholland@naplesgov.com FAX: (239)213-4799 Telephone: (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 perfonn 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: Orchid Run WM Extension Completion Date: September 30,2016 Project Budget:$39,890.00 Project Number of Days: 180 days Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). to 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. t 4 Quality of consultative advice provided on the project. t 5 Professionalism and ability to manage personnel. to 6 Project administration(completed documents,final invoice,final product turnover; invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 0 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. t,7 10 Overall comfort level with hiring the company in the future(customer satisfaction). 0 TOTAL SCORE OF ALL ITEMS w,+ DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project OE tt�-.,� RPS NO.19-7540,COLLIER COUNTY g^E "8C8 TAB 4 - LOCATION • QUALITY ENTERPRISES USA,INC. TAB 4 CAO OE /44 DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project t-ry RPS NO.19-7540,COLLIER COUNTY ° a CRITERIA NO. 4 - LOCATION QE's corporate office and yard is located less than 1/2 mile from the project site. The corporate office will be used by the management team and will be the central meeting place for project meetings with Collier County staff. The day-to-day management of the project will be monitored and controlled by the on-site Project Superintendent. QE's Project Manager will be located at the corporate office. Quality Enterprises' Project Manager will be on-site daily and can be available at short notice should the need arise. Additionally, with QE's main yard located within a short distance, equipment and material can be easily and readily available for mobilization, reducing the need for on-site storage of many items and allowing the project site to be less cluttered. Project meetings involving the QE team and Collier County are available and can be coordinated/scheduled in our conference room in our corporate location. We propose to team with the following sub-consultants for the Design-Build of Golden Gate Boulevard 4-Lane Road Project: PRIMARY OFFICE LOCATION Quality Enterprises., USA, Inc. & Earth View., LLC Approximately 0.5 miles from proposed project location • Louis Gaudio, Vice President- Project Management • Paul J. Moriarty-Superintendent • Harlan Sawyer-Estimator 3494 Shearwater Street Naples, Florida 34117 (239)435-7200 www.aualitventerorisesusa.com CIVIL ENGINEERING g. Grady Minor & Associates., P.A. Approximately 22 miles from proposed project location • Justin Frederiksen, P.E.-Project Manager • Sally Goldman, P.E.-Project Engineer • R. Daniel Flynn, P.E.-FDOT Coordination • Donald L.Saintenoy III, PSM-Survey Manager 3800 Via Del Rey Bonita Springs, Florida 34134 (239)947-1144-phone (239)947-0375-fax www.gradyminor.com Eltki ito QUALITY ENTERPRISES USA,INC. TAB 4-1 DESIGN-BUILD I-75 and Collier Boulevard Utility Relocation Project QE RPS NO.19-7540,COLLIER COUNTYW = la PM TAB 5 - RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM QUALITY ENTERPRISES USA,INC. TAB 5 (CAO DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project 13 RPS NO.197540,COLLIER COUNTY" CRITERIA NO. 5 - RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM Quality Enterprises USA, Inc. currently employs over 150 personnel made up of utility, earthwork, concrete, paving and bridge crews, and owns over 400 pieces of equipment located in Naples, Florida. QE's current backlog is for work projected thru October 2019. If awarded this project, Quality Enterprises will be able to complete current backlog and have the appropriate labor and equipment to complete this project without any delays or shortage of resources. The entire Quality Enterprises USA, Inc. project team has adequate capacity to handle this project and will be ready to initiate work immediately upon notice to proceed. QUALITY ENTERPRISES USA,INC. TAB 5-1 CAO OE DESIGN-BUILD I-75 and Cdlier Boulevard Utility Relocation Project , at RPS NO.19-7540,COLLIER COUNTY TAB 6 - REQUIRED FORMS TAB 5 QUALITY ENTERPRISES USA,INC. Collier County Administrative Services Department Procurement Services Div sion Form 2:Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED.Please read carefully,sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: El 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 Department of State–http://dos.myflorida.com'sunbiz/(If work performed in the State). E-Verify/Immigration Affidavit(Memorandum of Understanding). ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Quality Enterprises USA, Inc. — Address: 3494 Shearwater Street City,State,Zip: Napl eG, Florida 14117-8414 Telephone: 239-435-7200 Email: LGAUDIO@QEUSA.COM Representative Signature: Representative Name: Louis J. Gaudio, Vice President Date 2/5/19 LA�� Co ier Couiity Administrative Services Department Procurement Services Division Form 3:Conflict of Interest Affidavit The Vendor certifies that,to the best of its knowledge and belief,the past and current 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 past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing 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: L 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-public(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 referenced project(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. Firm: Quality Enterprises USA. Inc. • Signature and Date: 2/5/19 Print Name: Louis J. Gaudio Title of Signatory: Vice President CAU Coi.tier County Administrative Services Department Procurement Services Division 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 for the 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 states 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. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 5th day of February ,2019 in the County of Collier ,in the State of Florida . Firm's hegal Nanie: Quality Enterprises USA, Inc. Address: 3494 Shearwater Street City, State,Zip Code: Naples. F1 ori(la 441 17—R41 4 Florida Certificate of F95000002550 Authority Document Number Federal Tax 54-0947007 Identification Number *CCR#or CAGE Code OXht7.7 *Only if Grant Funded Telephone: 239-435-7200 Signature b g Y� /' �� Si Louts .I. Ga„din (Typed and written) Title: Vice President CAU Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: Corey County Administrative Seriices Department Procurement Services Division Form 5: Immigration Affidavit Certification This Affidavit is required 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 F-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor's proposal as non- responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Quality Enterprises USA, Inc. Print Name Louis J. Gaudio Title Vice President Signature ,- ' '"" Date 2/5/19 State of Florida County of Collier 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. Notary to MARCIE L.COHEN '. MY COMMISSION#GG 152066 '•.r .a EXPIRES:February 11,2022 ��P,R °•e0 Bonded Thru Notary Public Underwriters (CP•0 tF,rnployerWizard Page I of I Verify VICLGOITRO Use,0 LAO Low,* Employment Eligibility Verification EILEEN LITTLETON Et:ITN:41 10.23 AM•10110/2010 Log Out •A•WIN-WZANV;74:KL-V:47` rt4l;ri,74 Company Information my C Now Case View Cases Company Name: QUALITY ENTERPRISES USA,INC -.:14,414#7.52 My Profile Company ID Number: 234219 Edit Profile Doing Business As(DBA) CNIncle Password Name: rtwige oupstionz., DUNS Number: ontymy company Physical Location: Mailing Address: Edit Company Profile Address 1: 208 TINTE RN CT Address 1: Add New User Address 2: Address 2: VOw Fiestirg User; ; City: CHESAPEAKE City: State: VA State: Close Company Accourt Zip Code: 23320 Zip Code: My Reports County: CHESAPEAKE CITY View Reeoris My Resources Additional Information: view Essrmilal Resources • Employer Identification Number:540947002 Take TutTotal Number of Employees: 100 to 499 View tlser Manual Parent Organization: Administrator: QUALITY ENTERPRISES USA INC Contact Us Organization Designation: Employer Category: Federal Contractor without FAR E-Verity Clause _ ,„ _r • „ - ;•.',°;"7-71 NAICS Code: 238-SPECIALTY TRADE CONTRACTORS <Afki•Z741.;.*.4.1r4 Total Hiring Sites: Total Points of Contact: 3 1111111111 haps://e-v eri fyus el s.go viern p/Ern ployerW zard.as px 10/19/2010 Cotter County Pdrninistraiive Services Department Procurement Serv,cAs D..star Form 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5)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 Quality Enterprises USA. Inc,_ (as shown on income tax return) Business Name (if different from taxpayer name) Address 3494 Shearwater Street City Naples State Florida Zip 34117-8414 Telephone 239-435-7200 Email LGAUDIO@QEUSA.COM Order Information(Must be filled out) Remit/Payment Information(Must be filled out) Address 3494 Shearwater Street Address 3493 Shearwater Street City Naples State FL Zip 34117 City Naples — State FL zip 34117 Entail LGAIJ-13-10 QEUSA.COIl Email ELITTLETON@QEUSA.COM 2. Company Status(check only one) Individual/Sole Proprietor X Corporation _Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (1")=Disregarded Entity C=Comm-alien P=Partnershin) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 54-0947002 _ (Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjuly, I certify that the information shown on this form is correct to my knowledge. Signature ¢ Date Louis J. Gaudio Title Phone Vice President 239-435-7200 Number (t.A) CIL County Email: evel n.c Ion Ili r n I v y o @co e cou tyf.go Administrative SeNoes Division Telephone: (239) 252-2667 Procurement Services Addendum #1 Date: January 4, 2019 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 1: Step 2, 19-7540— Design Build 1-75 and Collier Boulevard Utility Relocation Project The following change is made to the above mentioned Collier County solicitation: PROPOSAL OPENING James...,14,2(1°at 3:00 P.M. January 25,2019 at 3:00 P.M. DAY/DATE/TIME: • Collier SRO Wellfield - Rec Dwgs KLH • 175 - 951 WM relocation - Final concept plan 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) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) Colte-r County Email: evelyn.colon@colliercountyfl.gov Administrative Services Division Telephone: (239) 252-2667 Procurement Services Addendum #2 Date: January 15, 2019 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 2: Step 2, 19-7540— Design Build 1-75 and Collier Boulevard Utility Relocation Project The following change is made to the above mentioned Collier County solicitation: 3: Construction The design build team shall provide all necessary materials, labor and equipment to properly construct all 1VWTPin : . . . ... - - - The design-build team shall provide all necessary materials,labor and equipment to properly construct all pipeline improvements as detailed on the approved GMP. 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. 1/15/19 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) (CAO Gorier County Email: evelyn.colon@colliercountyfl.gov Administrative Services Division Telephone: (239) 252-2667 Procurement Services Addendum # 3 Date: January 23, 2019 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 3: Step 2, 19-7540— Design Build 1-75 and Collier Boulevard Utility Relocation Project The following change is made to the above mentioned Collier County solicitation: • 19-7540 Insurance Requirements 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. yy- �— 1/23/19 (Signatt:rre)-----LOIr s J. Gaudio, Vice President Date Ouality Enterprises USA, Inc. (Name of Firm) INSURANCE AND BONDING REQUIREMENTS Insurance I Bond Type Required Limits ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at lyttlss. ,'a s.tldls.conti'boccxcnrpt/ 2. ®Employer's Liability $ 1,000,000_single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ 1,000,000_single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form 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 ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,recklessness, or intentionally wrongful conduct of the 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 D Pollution $ Per Occurrence ®Professional Liability $_1,000,000_Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence 0 Cyber Liability $ Per Occurrence 0 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. CAO 8. ® Performance and For projects in excess of$200,000,bonds shall be submitted with the executed contract Payment Bonds by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award.The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M. Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. 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. /.1 Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples,FL 34112 13. ® Thirty(30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary.Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall he billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 11/19/18-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. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. Name of Firm Quality Enterprises USA, Inc. Date_ 1/23/19 Vendor Signature Print Name Louis J. Gaudin, Vice President Insurance Agency Rutherfoord Agent Name Herb Moss or Heather Garrett Telephone Number 757-456-0577 CAU DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 11/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 CONTACT NAME: Marsh&McLennan Agency LLC A Marsh&McLennan Agency LLC PHONE FAX 222 Central Park Avenue, Suite 1340 (Arc ji,i,a 757-456-0577 (A/C,No): Virginia Beach VA 23462 E-MAIL certificates•1MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Guarantee and Liabilittr Ins Co_ 26247 INSURED INSURER B:Zurich American Ins Co of Illinois 27855 Quality Enterprises USA, Inc. & INSURER c:Zurich American Insurance Company 16535 Quality Environment Company, Inc. 3494 Shearwater Street INSURER 0:Evanston Insurance Company 35378 Naples FL 34117 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1484572854 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSO,WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) B X COMMERCIAL GENERAL UABILITY Y GL0017931103 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 --/ MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 --IPRO- _ ,POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 I OTHER: $ C AUTOMOBILE LIABILITY BAP017930903 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X Comp $1,000 X Coll 51,000 pip $510,000 aggre. A UMBRELLA LIAB X OCCUR AUC017426604 7/1/2018 7/1/2019 EACH OCCURRENCE $15,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION$ $ c WORKERS COMPENSATION WC017931003 7/1/2018 7/1/2019 X AND EMPLOYERS'LIABILITY STATUTE OTH- ER -- ANYPROPRIETOR/PARTNER/EXECUTIVE YNN NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution Liability MMAENV0001065 7/1/2018 7/1/2020 $1,000,000 each claim $1,000,000 Aggre DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is Additional Insured under the General Liability and auto policy with respects to work performed by the insured, as required by written contract,prior to a loss. Coverage is primary and non contributory where required by written contract or written agreement executed prior to any"accident",in no event will this coverage extend beyond the terms and conditions of the coverage form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 3..S1-, Yr. GtoAAs& ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD (rAv ---^� QGRADYM-01 D2CRUSHING ACOR'L7" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY) kt.,.....--•-'" 04/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 License#L077730 'NQpITACT Kristie Wiegand AssuredPartners of Florida,Na les PHONE FAX 6609 Willow Park Drive#201 P (A/c,No,Ext):(239)280-3615 1(A/c,No):(239)261-2803 Naples,FL 34109 Aoo s II kristie.wi_gandaeassuredpartners.corn INSURER(S)AFFORDING COVERAGE ! NAIC q I INSURER:National Trust Insurance Company 120141 INSURED I INSURERB:FCCI Insurance Company 10178 O Grady Minor 8,Associates PA INSURER C:Maxum Indemnity Company ;26743 3800 Via Del Rey I INSURER D: Bonita Springs,FL 34134 • INSURER E: • .,— I INSURER F: COVERAGES CERTIFICATE NUMBER: 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. ,NSR TYPE OF INSURANCE ADDLISUBR POLICY NUMBER POLICY EFF POLICY EXP I LIMITS LIR INSD I WVD _(MM/DD/YYYY) IMM/DD/YYYYI 1 A X ICOMMERCIAL GENERAL LIABILITY 1,000,000 ;EACH OCCURRENCE __._�______ + ' DAMAGE TO RENTED 100,000 CLAIMS-MADE I X I OCCUR GL0005673 04/05/2018 04/05/2019 PREM!$.E$..(Ea.9scu¢enGfl1__ —..- XContractual Liab i , 1 MED EXP(Any one person) $ 5,000 1,000,000 I .__......__..__,__.._.--....._....................._..._....._._.. PERSONAL&ADV INJURY - $.._....__..__.._..-' _-- GEN'L AGGREGATE LIMIT APPLIES PER: 1 i GENERAL AGGREQATE 2'000'000 ^� POLICY XJ j PPef r LOC + �(PRODUCTS-COMP/OP AGG $ 2,000,000 _ OTHER: . $ B AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 1,000,000 (Ea_eccident) $ X ANY AUTO CA100012461 04/05/2018 04/05/2019 BODILY INJURY(Per person) $ OWNED I UTDULED ____.. AUTOS ONLY AUTOS '. BODILY INJURY(Per accident1 $ Ep �....__ p p R� p _X_.AUTOS ONLY �_X AUTOS ONLY 1Pe acc dent).AMAGE._......................_$................................._........_....._...__..... i $ B X UMBRELLA LIAB X OCCUR ! EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS-MADE UMB0005343 ; 04/05/2018 04/05/2019 5,000,000 ............ ;AGGREGATE ---------- ------ r-. DED X j RETENTIONS 10,0001 $ B WORKERSCOMPENSATION XTI AND EMPLOYERS'LIABILITY $ATU.TE..._ ....gas. YIN _......._.._........_._._............._.._.__..._._.. 001WC18A57813 04/05/2018 04/05/20191 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE :E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? l N NIA 1,000,000 (Mandatory n N ) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.I: DISEASE-POLICY LIMIT $ C ,Professional Liab PFP602415604 04/05/2018 04/05/2019 Per Occurrence 2,000,000 C professional Liab PFP602415604 04/05/2018 04/05/2019;Aggregate 2,000,000 I i : DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INFORMATIONAL PURPOSES ONLY&BIDDING PURPOSES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ONLY AUTHORIZED(� REPRESENTATIVE �U ^K. ACORD 25(2016/03) /J 1988-2015 ACORD CORPORATION. Al!rights reserved. The ACORD name and logo are registered marks of ACORD CAO Colter County Email: evelyn.colon@colliercountyfl.gov Administrative Services Division Telephone: (239) 252-2667 Procurement Services Addendum # 4 Date: January 23, 2019 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #4: Step 2, 19-7540— Design Build 1-75 and Collier Boulevard Utility Relocation Project The following change is made to the above mentioned Collier County solicitation: PROPOSAL OPENING Janea-ry 25,2019 at 3:00 P.M. February 5,2019 at 3:00PM DAY/DATE/TIME: 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. 1/71/1Q` (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA_ Tnr. (Name of Firm) (CAU State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a Virginia corporation authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on January 7, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of January, 2019 r:..-411 :*~,;'' ":',.7.%, 414 w'142,4-itION 041.40% �� '...<,. := Secretary of State Tracking Number:2673705375CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. littps://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication A(? Florida Donartment of State D•vsion or CORPORA!IONS 1 310t0 .14/ .Or"g /i gJP 0 f'", 't'rfrf t ) _...•� �,,;�..-•�--^�.»w;;;, rrt s�lTkz,�(�;rstr a j f?rrrsrlit website .r„ Department of State / Division of percolations / Search Records / Detail By.Document Number/ Detail by Entity Name Foreign Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 FEI/EIN Number 54-0947002 Date Filed 05/25/1995 State VA Status ACTIVE Principal Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Mailing Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 12/04/2017 Address Changed 12/04/2017 Officer/Director Detail Name&Address Title PD MURRELL, HOWARD JJR. 3494 Shearwater Street NAPLES, FL 34117-8414 Title ST MURRELL, STACEY CAO 3494 Shearwater Street NAPLES, FL 34117-8414 Title Officer/Assistant Secretary Murrell,Allison B 3494 Shearwater Street NAPLES, FL 34117-8414 Title VP Gaudio, Louis J 3494 SHEARWATER STREET NAPLES, FL 34117 Annual Reports Report Year Filed Date 2017 02/06/2017 2018 01/24/2018 2019 01/07/2019 Document Images 01/07..2919.__i1NMVF� REPORT View image in PDF format 01/24/2018-ANNUAL REPORT View image in PDF format 12104/2017--Req.Agenl Change View image in PDF format 07/21/2017--AMENDED ANNUAL REPORT View image in PDF format 05102.017_--AM,ENQED_ANNUAL REPORT View irnage in PDF format 02/06/2017--ANNUAL REPORT View image in PDF format 01/25/2016--ANNUAL REPORT View image in PDF formal 01/29/2015,--ANNUAL REPORT View image in PDF formal 01/08/2014--ANNUAL REPQRT View image in PDF formai 01/09/2013--ANNUAL REPORT View image in PDF formal 01/06/2012--ANNUAL REPORT View image in PDF format 11/08/2011—Req.Agent Change View image in PDF format 01/27/2011--ANNUAL REPORT View image in PDF format 02/05/2010--ANNUAL REPORT View image in PDF format 01/14/2009--ANNUAL REPORT View image in PDF format 09/28/2008--ANNUAL REPORT View image in PDF format 01/24/2008--ANNUAL REPORT View image in PDF formal 02/05/2007--ANNUAL REPOT View image in PDF formal 01/,3aQQQ-ANNUAL REPORT View image in PDF formal 01/12/2005--ANNUAL REPORT View image in PDF formal 01/29/2004--ANNUAL REPORT View image in PDF formal 02/06/200:3--ANNUAL REPORT View image in PDF formal 06/t3t QO2__ANNUAL REPORT View image in PDF formal .i22/0,1002_ANNUAL REPORT View image in PDF format 04/03/2001--ANNUAL REPORT View image in PDF format 08/28/2000--ANNUAIBSPORT View image in POE format Q4/30!9.90.._:_rlrlrjUA1 S2.�RQgr View image in PDF formal 02193/1998--ANNVJ AI REPORT View image in PDF format 0,1421/1997--ANNUAL.REPORT View image in PDF forma 2 jQ1i1J;i.Q_111 NJl,81,,,,EEE213T View image in PDF formal 05125/1995--CC�C,Stivt[NTS PRIOR TO 1997 View image in PDF formal Frun•t.3 Of C:;r n-:o 1. FDC:ici .....- -- •..- Florida Department of Transportation RICK SCOTT 605 Suwannee Street MIKE DEW GOVERNOR Tallahassee, FL 32399-0450 SECRETARY June 21, 2018 QUALITY ENTERPRISES USA, INC. 3494 SHEARWATER STREET NAPLES, FLORIDA 34117 *REVISED* RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2019. However, the new application is due 4/30/2019. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY) , DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R MINOR BRIDGES, SIDEWALK, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3) , E.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, < ,_„/"4 . //.,--''') 'moi • '"Alan Autry, M ager Contracts As' inistration Office AA:cj / . www.tddot.gov liaVaZilVdtil ..j? 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CAO COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 001263 COLLIER COUNTY TAX COLLECTOR•2800 N.HORSESHOE DRIVE•NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2019 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LOCATION: 3494 SHEARWATER ST `t� C ZONED' COMM/PUD 0FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. BUSINESS PHONE 435-7200 y±so', .,,,,°"'LEGAL FORM"'R Ne . STATE OR COUNTY LIC#:CB CA57231 ,� Corporatipn kk `= QUALITY ENTERPRISES USA, INC. di. I �' "` ' ,MURRELL, HOWARD J JR 1 3494 SHEARWATER ST `# NAPLES, FL 34117 r I`�71::"" I r 31-40 EMPLOYEES } CLASSIFICATION: 05-BUILDING CONTRACTOR'', \ ' 0 THIS TAXIS NON•REFl1NDABLE- CLASSIFICATION CODE: 05104801 •� g e' DATE 08/28/2018 ^fid �„° AMOUNT 72.00 This document is a business tax only.This is not certification that license is lified' a� RECEIPT 500-19-00067943 It does not permit the licensee to violate any existing regulatory zoning laws tern t�," rc t es'" y. J t i` C v`Y C nor does it exempt the licensee from any other taxes or permits that may be required by law.'" r' COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830 COLLIER COUNTY TAX COLLECTOR•2800 N.HORSESHOE DRIVE•NAPLES FLORIDA 34104-(239)252-2477 VISIT OUR WEBSITE AT:www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30,2019 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION, LOCATION: 3494 SHEARWATER ST '`'-'10T;-' r%FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: COMM/PUD fir' «.w BUSINESS PHONE: 435-7200 ��+y �„0"LEGAL FORM'No STATE OR COUNTY LIC#:CUC 057398 ,'%.0 / Corporation % t QUALITY ENTERPRISES USA, INC, �``' J ' MURRELL, HOWARD J JR, 3494 SHEARWATER ST i1 1 MAPLES,FL 34117 torr f s 31-40 EMPLOYEES *41 '-� . ',„ I CLASSIFICATION: UNDERGROUND UTIUEXCAVATINGQONTRACTOR t^� ' -THIS TAXIS NON-REFUNDABLE- CLASSIFICATION CODE: 05102801 • �, DATE 08/28/2018 '" - AMOUNT 72.00 This document is a business tax only,This is not certification that licehse IsI fled' _ RECEIPT 500-19-00067943 It does not permit the licensee to violate anyexistingregulatory zoninglawso e t e,co t wciTles ,-1 `2' nor does it exempt the licensee from any other taxes or permits that may be required by law."' f •1:10 f f 3 ioz ilt) , E O 4 T I— cu C [ vLu . O p z Q u W W CL)4-1 i 99 v CO L� 0 CU Q W H o = ZO LLIZ < Q c� o N N 0 1N E y Z O 0 O . co cO u < W LU = 0 co J CiLim1._ E2 in cc m r3 4' EO Q ao oct u� wM UDS _ c 0 CX Zce L 1. -J °- O Z p w W co E LL uj d' Z 0 m LL u o LL Q (f) a, O v Li LE'Q W = FW- Q > Z Z I-- tn LL Ce O Q O t W a o w 0 ccz 1 UJ cn< LU Cev c� cn Z Z +� H Z a U Z a ZZ c .� 4- VI LL D LL — — J 'U — — 0 4.- p p O 00 o Z C 0 cu co 0ZZ0 - E 1= _ LL CC O O Q W 7 0 UJ m UJ = I z > g a i 8 I— m 3 O C > LU Zo a u 1' W , i I a O..p,_ , a Q o Q •i!Iv �h.760: ' '4 ...N 1 L i ` j r . ' ° iaP 04YL-❑� a N E � �Qt ,: FloridaDepartment ofAgriculture g culture and Consumer Services ,QoVw� ; C i -a, of Professional Surveyors and Mappers ' •' '• t' mctT• '' ' 2005 Apalachee Pkway Tallahassee,Florida 32399-6500 2399-6500 9a l` 800HELPFLA(435-7352)or(850)488-2221 NgUMEit`' : January 10,2019 RECEIVE® Q GRADY MINOR AND ASSOCIA'T'ES PA JAIU' 3800 VIA DEL REY $ 2018 BONITA SPGS,FL 34134 �• Gr t Assoc dteMlPA` SUBJECT: Professional Surveyor and Mapper Business Certificate#LB5151 Your application/renewal as a professional surveyor and mapper business as required by Chapter 472,Florida Statutes,has been received and processed. The license appears below and is valid through February 28,2021. You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account,you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions,please do not hesitate to call the Division of Consumer Services,Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. I Detach Here ..a*a t rcF� Florida Department of Agriculture and Consumer Services ° ecce Division of Consumer Services License No.:LB5151 'r=, Board of Professional Surveyors and Mappers Expiration Date February 28,2021 2005 Apalachee Pkway Tallahassee,Florida 32399-6500 Professional Surveyor and Mapper Business License Under the provisions of Chapter 472,Florida Statutes Q GRADY MINOR AND ASSOCIATES PA 3800 VIA DEL REY n I W `. tL BONITA SPGS,FL 34134 NICOLE"NIKKI'FRIED COMMISSIONER OF AGRICULTURE This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472,Florida Statutes. ')i EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Louis Gaudio Vice President/Project Manager Quality Enterprises USA, Inc. Paul J. Moriarty/Chris Speros Superintendent Quality Enterprises USA, Inc. Harlan Sawyer Senior Estimator Quality Enterprises USA, Inc. Justin Frederiksen,PE Senior Project Manager and Grady Minor and Associates,P.A. Engineer of Record R. Daniel Flynn, PE Project Manager Grady Minor and Associates,P.A. Sally Goldman,PE Project Engineer Grady Minor and Associates,P.A. Alex Dunko,E.I. Project Engineer Grady Minor and Associates,P.A. Donald L. Saintenoy III, PSM Survey Project Manager Grady Minor and Associates,P.A. Rick Featherstone,G.C. Construction Inspection Grady Minor and Associates,P.A. John Daniel Directional Drills Earth View, LLC Alan E. Hart Chemical Mud Engineer Earth View, LLC Joe Townsend Horizontal Directional Drill Earth View, LLC Superintendent/Operator Brian C. Dorwart, PE, PG Senior Consultant Brierley Associates Nicholas H. Strater, PG Senior Geologist Brierley Associates Robert McGinnis Project Manager Forge Engineering, Inc. Shane Johnson Senior Ecologist Passarella&Associates,Inc. Page 24 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO OE QUALITY ENTERPRISES November 20, 2019 Sent via Messenger Ana Reynoso Procurement Technician Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112 RE: Contract #19-7540 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" Dear Ana: Enclosed please find the following documents for Contract #19-7540, "Design Build 1-75 and Collier Boulevard Utility Relocation Project" as requested. • 2- Original Blue Ink Signature Pages executed by Quality Enterprises USA, Inc. • 1 —Original Exhibit I —"Truth in Negotiation Certificate"executed by Quality Enterprises USA, Inc. • Form 6: Substitute W-9 Form with one correction • Completed W-9 Form • 2 Sets of Payment & Performance Bond Forms with a letter from the Surety authorizing Collier County to insert the contract dates • Certificate of Insurance from Q. Grady Minor, the Design/Engineer on this project • Certificate of Insurance from Quality Enterprises USA, Inc. Please return a fully executed copy of the contract after the County executes. Thank you for your assistance in this matter. Sincerely, Marcie Cohen Executive Assistant Encl. cc: Louis J. Gaudio, Vice President 4500 Holland Office Park,Suite 316 3494 Shearwater Street Virginia Beach,VA 23452 Naples,FL 34117-8414 (757)548-8000 (239)435-7200 Fax(757)548-2600 Fax(239)435-7202 Lic#CBCA57231 EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No, 9336121 Contract No. 19-7540 KNOW ALL. MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit Company_of Maryland _.__ , as Surety, located at 1299 Zurich Way, 5th Floor,Schaumburg, IL 60196 (Business Address)are held and firmly bound to Board of County Commissioners for Collier County,Florid% Obligee in the sum of Fourteen Million,Nine Hundred Sixty Two Thousand,Five Hundred and no/100(S 14,962,500.00)for the payment whereof we bind ourselves, our heirs. executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Prin ioal has entered into a contract dated as of the 14 day of lALb� 20 �? e1 -754O,Design-Build 1-75 Collier Boulevard Utility with Obligee forRelocation ewiece _ in Naples, FL accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies,used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond.regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 15th day of November 20 19 , the name 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 'Design Build 1-75 and Collier Boulevard Utility Relocation Project' RPS#19-7540 Signed, scaled ar.d delivered in the presence of: PRINCIPAL 11'ITU, 'i''.\i / Quality Enterprises USA, Inc. Margarita•. Bron _ B' . . esses as to Principal al NAME: Gregory Haas _-.Louts J. Gaudiog Y ITS: ,Virp President STATE OF Florida__ COUNTY OF Collier The foregoimi ins7rument as acknowledged before me this _jthlay of November 2019 . by Louis J. _Gaudio as Vice President.._._____. of _Quality. Enterprises USA, . Inc. Virginiacorporation,on behalf of the corporation. he/she is personally known to me OR has produced N/A Known as identification and did(did not)take an oath. My Commission Expires. 2/11/22 > CL{cW .tomC i-4 — (Signature of Notary) I. 'N;,: MARCIEL.COHEN NAME: Marcie T,. { ohpn � •� _ MYCOMMISSION#GG152066 (Legibly Printed) � EXPIRES:February 11,2022 %°Q!(,�°Q'' Gond 1 Nu Nat. Public Underwriters (AFFIX OFFICIAL SEAL) Notary Public, S:ate of Florida_ Commission No.: GG 152066 ATTES f: SURETY: Fidelity and Deposit Company of Maryland (Printe,. Name) ' 1299 Zurich Way, 5th Floor Schaumburg, IL 60196 (Business Address — — — (Authorized Signature) Witnesses to Surety (Printed Name) Pugs 26 of 64 Design Build I.75 and Collier Boulevard Utility Relocation Project" RPS 419-7540 OR As Attorney in F'ct (Attach Power of Attorney) Devon C. Heath Terri K.Strawhand,Attorney-in-Fact :Witnesses (Printed Name) Hampton Roads Bonding 1080 Laskin Road, Ste. 204 Virginia Beach,VA 23451 (Business Add;•ess) 757-491-1100 (Telephone Number) --- ------- S•I A FE OF Virginia City MOWN OF Virginia Beach The foregoing instr.:ment was acknowledged before me this 15thdav of November 20 19 by Terri K Strawhand as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. Ile:She is personally known :o me OR has produced N/A as identification and who did (did not)take an oath. My Commission Expires. 9/30/2023 ; `-v,,, • C; J C (Signature) Name: Tammy A.Ward (Legibly Printed) (AFFiXtOf JECT.igitRttEAI.i Notary Public. State of: Virginia NOTARY PUBLIC Cotnitt'sson No.: 25949.6__ REGISTRATION NUMBER 2F39-'-t'z.;' COMMONWEALTH OF VIRGiNiA Page 27 of 64 Design Bui'.d I-75 and Cale-Houievarc!t'tili:. Re:cc:(tion Project.. RPS 419-7540 EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. 9336121 Contract No. 19-7540 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. • as Principal, and Fidelis and Deposit Company of Maryland _ as Surety, located at 1299 Zurich Way,5th Floor,Schaumburg, IL 60196 (Business Address) are tela and firmly bound to Board of County Commissioners for Collier County,Florida , as Obligee in the sum of Fourteen Million, Nine Hundred Sixty Two Thousand, Five Hundred and no/100-- (S 14,962,500.00 ) 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 w day of eCern6QC 20 , with Obligee for #19-7540,Design-Build 1-75 Collier Boulevard Utility Relocation Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract;and 2. Pays Obligee any and al; 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 15th day of November , 20 19 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 28 of 64 -Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS 019-75,10 Signed, sealed and delivered in the presence of: PRiNCIPAL Quality Enterprises USA, Inc. Margarit. u g •n -- n� __ BY -- — — W itnes•r to Principal Gr-_sr Haas NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida_ COUNTY OF Collier The foregoing instrument was acknowledged betore me this 15thda of November , 20 19 , by Louis J. Gaudio as Vice President of Quality_Enterprises USA, Inc.a Virginia corporation. on behalf of the corporation. tle she is personally known :o me OR has produced NJA_Known as identification and did (did tint;take an oath My Commission Expires: 11/22/19 --------.—..-.__. _-- Signature;' ,'Yep'' MARCIE L COHEN MY COMMISSION#GG 152066 Name: Marcie L. Cohen EXPIRES:February 11,2022 (I.egih;,. %FOE °e' Bonded Thru Notary Public Underwriters - AFFIX OFFICIAL SLAT.) Notary Public, State of: Florida Comite sson No.: -GG 152066 Page 29 0164 "I) sign Build 1-75:and Coiner Bouict,ard U:iti;;:tteloca:on Pr0:cc1' RPS 1 4 ATTEST: SURE'L'Y: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way, 5th Floor Schaumburg, IL 60196 (Business Address) (Authorized Signature) --- Witnesses as to Surety (Printed Name) / OR I);`� �'� •-tut_.• 1' ` L.1-7 ( /41_{1-I--(i As Attorney in Fat (Attach Power of Attorney) Devon C. Heath Terri K.Strawhand,Attorney-in-Fact Witnesses (Printed Name) Hampton Roads Bonding 1080 Laskin Road, Ste. 204 Virginia Beach,Mn 23459 (Business Address) Address) 757-491-1100 (Telephone Number) SPATE OF Virginia City (oY OF Virginia Beach The foregoing instrt:ment was ackno ledged before n:e this 15thda}'of November 20 19 ,by Terri K. Strawhand , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland ,a Illinois — Surety,on behalf of Surety. Ire She is personally known to me OR has produced N/A as identification and who did (did not)take an oath. My C:ommissior. Expires: 9/30/2023 '- r • U 'L'-'i c j (Signature) Name: Tammy A.Ward (Legibly Printed) TAMMY A.WARD Virginia (AI FI? FT,FWYI0I4.1,AI-) Notary Public,Stateof: REGISTRATION NUMBER ?53+9-! Commissic>n No.: 259496 COMMONWEALTH OF VIRGIN Page 30 o'`64 Dein Build 1-75 and Collier Boulevard Utility Relocation Project' RPS#19-75.W e.' • 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 Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,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,Mark C.BUNDY,Kathryn SNELL,Tammy A.WARD,Terri K.STRAWHAND,Daniel J.GRYGO and Devon C. HEATH,all of Virginia Beach,Virginia, EACH,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 8th day of April,A.D.2019. 0 SEAL .3`otvif ma11/4 •st• _ce. 44.en /� N.pn.*arr.'•� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By.: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 8th day of April, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,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. 0\11)14, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. \.`��;:�•`•.'T�y :• /CeYvN4er43,74.C.e._01. !t!fff 1;\i1\ Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 • 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 15th day of November 2019 WLiI(ly. *a OVot' J�C.:;5",4:11%,-1 F�fLS(i�°�r, � o}iA: tSBAL o_ 7 t iV� s 2� �° Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 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 15th day of November 2019 P63/1 040 „�c,:�o :`Fai:*�d"°�4r�y toS 3/rif H CB'-� IISEMA :L' w.. 7 % tu► • 13\ 199E i 10: Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimszurichna.com zurichna.com 800-626-4577 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. Mitchell& Stark Construction Co., Inc. "Contractor" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification,and did not take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Page 31 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO EXHIBIT D APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage© 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4)and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 32 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 (cA0) EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reduced rate) WTHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue col 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 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 (CAO Exhibit D (Continued) Stored Materials Record Formula:A+B -C - D= E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 34 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO EXHIBIT E-1 CHANGE ORDER Change Order Form Contract#: Changes: Purchase Order#: Project*: ContractorlFirri Name: Project Name: Project Manager Name Department: &iginalCcrrtractWork Order Amount Cttginal BCC Approval Data;Agenda Item# Current BCC Approved Amount Last BCC Approval Date;Agenda Item# Current Coat actVork Order Amount SAP Contract Expiration Date tMaster) Dollar Amount of thb Charge IVG' Total Change from O.iginal Amount Revised Ccntract'Wo Order Total 5 0.00 340IV:0i Change from Ctalent BCC Approved Arrs unt Cumulative Changes 5 0.00 *IC IWO Change from C urr ent Amount Completion Date, Description of the Task(s)Change,and Rationale for the Change Notice to Proceel Original Last Approved Revised Date Date II Completion Dat Date 43-M. : a; *of Days Added SelectTasks 0 Add newtaskjsj 0 Deletetaskls; 0 Changetask(sl 0 Other :e3: •s, ; Provide a response to the following:I.jdetailed and specific exp lanationfratiohale of the requested ch angels!,to thetask(sl and#or the additional days added(if requested(;2.)why this change was not included in the o riginal contract;and,3.1 describe the impact if this change is not processed. Anson ac 3tiorai:rf rn,., :rrm t e Design of_ss a a _ c .,ar.ar if r'SEVECi Prepared by Date: (Pro)ect Mss - er Name and Department'; Appeplarrceoftl C-ar__., __rat±:a. c et e.kte amoxificalcon:toport rad iwork order identified aboveardeiilbes.t cltoall the same terms am:cord':_ _ : ?:.it`ri-c ca-tracl;work order irrddatedd above,as fully as if the same were stated''.in th''•.is.acceplarroe. The adjustrrmert,ifa'-, ._. _ _ sP= -. -.__ve3f ll and final settlement ofany and ail claimsofthe Cortractor,'Vendor,'...;orsidtam Design Prcdess _ - _ -_ - _ a _._. _ =rgeset forth herein,iccWing claim sfor imp=and delay costs, Accepted by: Date: I.Con ra tor.Vendor,C. . :tar::.Design Frofessiorrai and Name of Firm.if project applicable) Approved by: Dare: (Desgrr Professional and Name of Firm,if project app scab e; EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE# DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract 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. RECOMM ENDED: AUTHORIZED: By: By: Engineer OWNER's Representative Page 36 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 (CAO EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No._ ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To 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 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 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 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page 38 of 65 "NESA Interim Treatment Plant and Pipelines" RPS#19-7540 CAO 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 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above,attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name& Title) By Design Professional: (Firm Name) (Signature) (Typed Name& Title) By Owner: (Department Name) (Signature) (Name& Title) Page 39 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU 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 Page 40 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents. 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 Page 41 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30)days after the Commencement Date. 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 Page 42 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 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 Page 43 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAU Documents.The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor,to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a)Defective Work not remedied; (b)third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment;(d)reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1.are not remedied or removed,Owner may,after three (3)days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or 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. Page 44 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 (('A0 (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 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 Page 45 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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. Page 46 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 "'AO 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. 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 Page 47 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 Page 48 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 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. 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. Page 49 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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 Page 50 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 seq.and regulations relating thereto,as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 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. Page 51 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 Page 52 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 ICAO 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. 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. Page 53 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 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 shallbe charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct,indirect 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. Page 54 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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. Page 55 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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. 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 Page 56 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 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. 26. VENDOR PERFORM ANCE 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 Page 57 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 �C'.A(1 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. 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 Page 58 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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 Page 59 of 64 "Design Build 1-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CA() 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 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. Page 60 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 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- FMOPS@,colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident. 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. 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,NAC E,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. Page 61 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO 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 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. Page 62 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 C.,AO EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants'Competitive Negotiation Act, Section 287.055,Florida Statutes,Quality Enterprises USA,Inc.,hereby certifies that wages,rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning "Design Build I-75 and Collier Boulevard Utility Relocations Project",are accurate,complete and current as of the time of contracting. Quality Enterprises USA,Inc. BY: TITLE: DATE: Page 63 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540 CAO A�D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/20/2019 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 CONTACT A Marsh&McLennan Agency LLC PHONE Marsh&McLennan Agency LLC FAX 222 Central Park Avenue, Suite 1340 IANC.No.Ext): 757-456-0577 (NC,No): Virginia Beach VA 23462 ADDRESS: certificates©MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B: Evanston Insurance Company 35378 Quality Enterprises USA, Inc. & Quality Environment Company, Inc. INSURER C: Phoenix Insurance Company 25623 3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURER E:XL Specialty Insurance Company 37885 INSURER F: COVERAGES CERTIFICATE NUMBER:912096100 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDYYY) C X COMMERCIAL GENERAL LIABILITY Y CO7N91352A19 7/1/2019 7/1/2020 EACH OCCURRENCE _ $1,000,000DAMAGE RETED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 8107N67219019 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X Comp X Coll PIP $10,000 aggregate D X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2019 7/1/2020 EACH OCCURRENCE _ $15,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$1D rInn $ A WORKERS COMPENSATION WC017931004 7/1/2019 7/1/2020 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution/Professinal Liability MMAENV0001065 7/1/2018 7/1/2020 $1,000,000 each claim $2,000,000 Aggre E Installation Floater UM00030160MA19A 7/1/2019 7/1/2020 $200,000 $2,500 DED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For Any and All County projects Board of County Commissioners in Collier County are included as additional insureds under the General Liability policy as respects to work performed by the insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners in Collier County 3925 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS PAGE INTENTIONALLY LEFT BLANK Page 64 of 64 "Design Build I-75 and Collier Boulevard Utility Relocation Project" RPS#19-7540