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#20-7708 (Quality Enterprises USA) DESIGN-BUILD AGREEMENT between Board of County Commissioners for Collier County Florida and Quality Enterprises,Inc. ,` dated + L`X f '201).L "Design Build of Veteran Memorial Boulevard Extension-Phase I" RPS#20-7708 Page 1 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" C1yJ TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS 3 ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 4 ARTICLE 3 OWNER'S RESPONSIBILITIES 6 ARTICLE 4 CONTRACT AMOUNT 7 ARTICLE 5 PERFORMANCE AND PAYMENT BOND 7 ARTICLE 6 INSURANCE REQUIREMENTS 8 ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 10 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 CONSEQUENTIAL DAMAGES 12 ARTICLE 10 LAWS AND REGULATIONS 12 ARTICLE 11 INDEPENDENT CONTRACTOR 13 ARTICLE 12 DISPUTE RESOLUTION 14 ARTICLE 13 ASSIGNMENT 14 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 15 ARTICLE 15 FORCE MAJEURE 15 ARTICLE 16 CHANGE IN LAW 16 ARTICLE 17 TERMINATION FOR DEFAULT 16 ARTICLE 18 TERMINATION FOR CONVENIENCE 18 ARTICLE 19 DOCUMENTS 18 ARTICLE 20 CONFIDENTIALITY 19 ARTICLE 21 SEVERABILITY 19 ARTICLE 22 PUBLIC ENTITY CRIMES 20 ARTICLE 23 EXHIBITS INCORPORATED 20 ARTICLE 24 NOTICES 21 ARTICLE 25 CAPTIONS AND HEADINGS 21 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 21 ARTICLE 27 ENTIRE AGREEMENT 22 ARTICLE 28 SUBJECT TO APPROPRIATION 22 ARTICLE 29 ORDER OF PRECEDENCE 22 Page 2 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase l" DESIGN-BUILD AGREEMENT This Agreement is made thisalaay of 13rt " ,2020 between Quality Enterprises USA,Inc., authorized to do business in the State of Florida(hereinafter called"Contractor") whose business address 3494 Shearwater Street, Naples, FL 34117 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, (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)#20-7708, "Design Build of Veteran Memorial Boulevard Extension-Phase I" on that property located on Veterans Memorial Boulevard from the intersection with Livingston Road to approximately 1.3 miles west of Livingston Road, 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#20-7708,"Design Build of Veteran Memorial Boulevard Extension-Phase I"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. 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. Page 3 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform,or arrange for the performance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro-geological, soils testing, procurement and construction, start-up, testing, training and warranty services("the Work")for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying,hydro-geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 2.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality.CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project ("List of Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 2.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 2.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 4 of 65 RPS#20-7708"Design Build of Veteran Memorial BouIeN'ard Extension-Phase 1" S 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 by 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 CONTRACTOR's so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently,safely and without interfering with the use of adjacent land areas,including compliance with the Land Development Code, Article VI, Litter, Weed and Exotics Control. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction waste,materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 2.3.5 CONTRACTOR shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage,injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site and regardless whether purchased directly by the CONTRACTOR or OWNER; and c. Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks, pavements, roadways, structures, utilities and underground facilities not designated for removal,relocation or replacement in the course of construction. Page 5 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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. CON 1'RACTOR'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 CON 1'RACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subcontractors, with particular reference to utilities and hazardous substances or conditions. 3.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures,such as pipes,tanks,cables and utilities as known to OWNER. 3.7 OWNER shall,within seven(7)days of becoming aware of the occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees,permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CON TRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. Page 6 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" S 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 Ten Million Sixty-Five Thousand Dollars ($10,065,000.00) for the entire Project, including alternate bid items,Owner's allowance and allowance items#1-4 outlined in Exhibit A-1. 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, 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 CON TRACTOR 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. Page 7 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase P' 0 ARTICLE 6 INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense,carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,$2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include:Owned Vehicles,Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR,Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current,valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty(30)days prior to any expiration date.Coverage afforded under the policies will not be canceled or allowed to expire until the greater of:thirty(30)days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 6.2 OWNER and CON TRACTOR 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. Page 8 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B— Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address(if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples,Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement,whichever is longer. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty(30)days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 6.10 Should at any time the CONTRACTOR not maintain the insurance coverages required herein,the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the 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. Page 9 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO 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 will be completed in two phases(i.e. Design Phase and Construction Phase),the timely completion of the first phase is critical to the timely completion of the second phase and,therefore,completion of the entire Project. 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 Eight Hundred Seventy (870) 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 Nine Hundred Thirty(930)calendar days from the Commencement Date(herein"Contract Time"). 7.4 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above,as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period noted above,OWNER shall be entitled to assess, as liquidated damages,but not as a penalty, 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 Page 10 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase 1" S Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.CONTRACTOR's sole remedy,if any,against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended,the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by"days",the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law,each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts,regardless of whether the Contract Time is stipulated in calendar days or working days,the OWNER will count default days as"calendar days." 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part,through another contractor or its own forces,the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 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 CON TRACTOR 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. Page 11 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion,has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties,demands,judgments, actions,proceedings, losses or costs, including,but not limited to, reasonable attorneys' fees and paralegals' fees,whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury,property damage,direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages,whether arising in contract,tort(including negligence),statute or strict liability. 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. Page 12 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" et 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)252-8999 PublicRecordRequestAcolliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. ARTICLE 11 INDEPENDENT CONTRACTOR 11.1 CONTRACTOR is an independent CON TRACTOR and the detailed means,manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). Page 13 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" ARTICLE 12 DISPUTE RESOLUTION 12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term"Claim"also includes other disputes and matters in question between Owner and CONTRACTOR arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48)hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen(15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102,Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County,Florida,which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior express 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 CON TRACTOR 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. Page 14 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" e ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion,any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2 No later than thirty(30)days prior to expiration of the warranty,the Project Manager,or any other representative of the OWNER, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the CONTRACTOR to correct the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. ARTICLE 15 FORCE MAJEURE 15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER,by act of force majeure,by any act of CONTRACTOR,of OWNER or a third party,by extreme 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 Page 15 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" (AO obtain material(s)and/or any other substantially similar cause(s)not within the reasonable control of the party claiming a suspension despite that party's due diligence. ARTICLE 16 CHANGE IN LAW 16.1 CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a)the enactment,adoption,promulgation,modification,repeal,or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity,if the issuance or modification of any such order,decree,or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or(c) the delay in the review, issuance or renewal of or suspension,termination,interruption,denial,failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope,if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part,as further set forth in this Section, if CONTRACTOR: (1) either fails to begin the Work under the Contract Documents within the time specified herein; or(2) fails to properly and timely perform the Work as directed by the Project Manager,or as provided for in the approved Schedule of Values; or(3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable;or(4)discontinues prosecution of the Work;or(5)fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or(6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten days; or(8) makes an assignment for the benefit of creditors; or(9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs(6)and(7)herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CON 1'RACTOR'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 Page 16 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses(including Design Professional and reasonable attorneys' fees, including appeals) or damages incurred by OWNER incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full)at the Prime Rate as published daily in the Wall Street Journal. If the unpaid balance of the Contract Amount exceeds all such costs,expenditures and damages incurred by the OWNER to complete the Work, such excess with such interest shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or OWNER, as the case may be, shall be approved by the OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands,suits,and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of CONTRACTOR's right to proceed pursuant to this Section, it is determined for any reason that CONTRACTOR was not in default,or that its default was excusable, or that OWNER is not entitled to the remedies against CONTRACTOR provided herein,then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent,good faith efforts to mitigate any of its damages against the CON TRACTOR. 17.7 In the event(i)Owner fails to make any undisputed payment to Contractor within thirty(30)days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement,and(ii)Owner has failed to cure such default within fourteen(14)days of receiving written notice of same from Contractor,then Contractor may stop its performance under this Agreement until such default is cured,after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor,the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14)days after receipt of Contractor's written notice,Contractor may,upon fourteen(14)additional days' written notice to the Owner,terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. Page 17 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" ARTICLE 18 TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred,but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to,damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five(5)calendar days'prior written notice of such suspension.If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. ARTICLE 19 DOCUMENTS 19.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes,laboratory test data,calculations and estimates,prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 19.2 Upon the completion or termination of this Agreement,as directed by OWNER,CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans,AutoCAD files,specifications,maps,evaluations,reports and other technical data,other than working papers,prepared or developed by or for CONTRACTOR under this Agreement("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense,may retain copies of the Project Documents for its files and internal use. 19.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed,or longer where required by law. 19.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CON TRACTOR 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 Page 18 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO 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 CON TRACTOR,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 CON TRACTOR 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 CON TRACTOR; 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. Page 19 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO ARTICLE 22 PUBLIC ENTITY CRIMES 22.1 By its execution of this Contract,Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ARTICLE 23 EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A-1: Contractor's GMP Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E-1: Change Order Form Exhibit E-2: Work Directive Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Truth in Negotiation Certificate The RPS #20-7708"Design Build of Veterans Memorial Boulevard Extension-Phase I" Step- One Design Criteria and Step-Two, including attachments, exhibits, and Addenda with attachments, are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Page 20 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO 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: Quality Enterprises USA,Inc. Transportation Engineering Division 3494 Shearwater Street 2885 South Horseshoe Drive Naples,FL 34117 Naples,FL 34104 Louis J. Gaudio,Vice President Bee Thao, Senior Project Manager Telephone: 239-435-7200 Telephone: 239-252-5844 Email:Lgaudio@qeusa.com Email: Bee.Thao@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 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. Page 21 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" e 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. Page 22 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO IN WITNESS WHEREOF, the parties hereto,have each,respectively,by an authorized person or agent, have executed this Agreement on the date and year first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER.COUNTY,FLORIDA Crystal.K.Kin-al,Clerk of Court &Co. culler _ : k By: Dated: .3,01aDaD Burt Satinders,Chairman (St AL) ,Attest as to Chairman's ,Signature only. Contractor's Witnesses: Quality Enterprises USA,Inc. 0 Contraeter"s Irst Witness Signature By: Sig►tiattne—Authorized Agent Margarita Negron tiType/print witness name* Louis J. Gaudio, Vice President *Type/print title* Contractor's Second Witness—Signature Marcie Cohen *Typc/print witness name* Appr ved as t ? tin d L lity: Sco each,Dtp Ity County Attorney Pap 23 or65 RP3f12047U8"feslgn Build of Veteran Memorial Boulevard Fsteustnn•Pluise I" EXHIBIT A-1 GMP Item# Item Description Unit Quantity Price 1 Design-Build Base Bid Lump Sum 1 $10,065,000. Page 24 of 65 RPSti 20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 25 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase P" it 40-4,,:in. ) MAY 20, 2020Vi 7.,... 1 1 pi... „ , r.i.' oion . , . VETERANS MEMORIAL BOULE „ .,.. ,,,„ LARD EXTENSION ; 2 ' ., -PHA SE Collier Irt 44.4tv: , I, County, FL :. a '„�,e w . . ,,,, ,,,,' / ,,,;04,44t, ,I p it:: N ' '",", 1) ' '.,'4 5'.'' , ' 11111111110( Y R�ik,s:;;"., y/�,;' m W .'r,;, ,, f,'s�� Yr11 ,i,. ,. 4' t litir s, _my g "fiø!; ,+� ,.fit .; sx r:'= _ .. tl ',,i Hv,'f t','''� � :f ":' :.,•,i a ra:= fir, ,• . : ^ '''— . < "t,,ir, p.yf. ,4+A: '✓',s; sf. ,. .4ia' 1, ,-,''4 "" • a RPS Number 20-?7Q8[Step 2 ,r ,g '4, yr,;, ;, ', �^ y ..'; . .; P �'^ k <�4/' ^ .�,.`,lCa",raia:.:• n4u„ sy r '+ r .. , ,z �g p e. «n,,: A d x3w." F;', Y'" r�'v ^"',+6{ i;,i�',ji 3'i-g,„ir; ,,IE�S,,,hyo ,14 i ��'' :tz :s' iu �� � �« '.i< ;uf,« z ",7Sx'fft as `° `• �r' s : fi:, . ...z<65, a'�k� ,L.,."..i!'/?%�. ,., .,,,, :aly.we5 ,..,..Li �iY,' ADDRESS OE CONTACT QUALITY ENTERPRISES USA, INC. Phone 239.435.7200 3494 Shearwater St. Fax 239.435.72O2 QUALITY Naples, FL 34117 contact©geusa.com ENTERPRISES A C flit . '. iA aks `, 'r1i!rt ",�». .. 4i .Z t .. -,$ "s • • • • ,.,..itk.,.,:::1„..44,r ,••yi:4' •.'N rams { 'g t f A 44 h • hr`g �, t" 0. "k .. � � \ �,4 «' 1 If � ..?ter, � ., �.... .. .... • e,a- .. s „` "'',a a .;i 3�i .. M '�n'sY 9 h T _ fro' ,�.���^." ru .'�, ,i .. .. TABLEOF . �`„ x CONTENTS • 3� ,o F:.,.,,r .__x_�_, .. :, . ---\ , ,,,,,i,,÷.• ...,,....„ ,,. „..,. .. ��' .? 0 1 Transmittal Letter & Executive Summary 02 Project Team Approach 03 Technical Information S eF3 ce ♦E t f r yY ? t Y «fin«!. N '� 1 `� . a' • tl itS „ 2 \. . . 0 yy s':':' Deb ik" 1 £x• i • s:f f '} .. f try .. 4 , .:Y. ^r �� ., t S add � ... ._ = F F ({ a o p. . i .� ' • £f 3 d fr!• • • • • • 'k . F}: " t Af• t i' i ' 14 � z •- Y i, Transmittal Letter & Executive Summary 0 M 4P5 NO:'20-7708,DESIGN-BUILD OF VETERANS MEMORIAL BOULEVARD EXTENSION-PHASE 1 Procurement Services Division Attn:Patrick Boyle,Procurement Strategist 3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112 MAY 20, 2020 DEAR MR. BOYLE AND COMMITTEE MEMBERS, Enclosed please find our Step 2 response to RPS No:20-7708 for the Design-Build of Veterans Memorial Boulevard Extension-Phase 1 Project.This response is submitted on behalf of the Quality Enterprises USA, Inc. (QE), Q.GradyMinor& Associates, P.A. (GM), and Preferred Materials, Inc. (PMI) Design-Build team. We have received,reviewed,and understand the requirements of RPS No:20-7708-Step 2 and agree to be bound by these requirements,including all addenda.Legal evidence of the authority to execute and sign this proposal is included at the end of Section 3:Technical Information.Our Guaranteed Maximum Price(GMP) has been delivered to you under separate cover. We acknowledge receipt of Addendum 1 dated March 17,2020,Addendum 2 dated March 18,2020,Addendum 3 dated March 30,2020,Addendum 4 dated April 21,2020,Addendum 5 dated April 23,2020,Addendum 6 dated May 5,2020,and Addendum 7 dated May12,2020.The signed addendums are included at the end of Section 3:Technical Information. The principal contact for our team will be myself,Louis J.Gaudio,and my contact information is listed below. On behalf of the Quality Enterprises USA,Inc.,Q.GradyMinor&Associates,P.A.and Preferred Materials, Inc.Design-Build team,I thank you for the opportunity to propose on this project. Sincerely, LOUIS J.GAUDIO Vice President Quality Enterprises USA,Inc. 3494 Shearwater St. Naples,F1...34117 239-435-7200 Igaudio4xgeusa.corn of Q TRANSMITTAL LETTER & EXECUTIVE SUMMARY GEQE + GM + PMI IA PROVEN & ESTABLISHED PARTNERSHIP A The Quality Enterprises USA, Inc. (QE) +Q. GradyMinor&Associates, P.A. (GM) + Preferred Materials, Inc. AT (PMI) Design-Build team is highly qualified for the Veterans Memorial Boulevard Extension-Phase I Design- Build Project.QE+GM have collaborated on over 40 projects and maintain a strong working relationship with6 PMI.The team is well established in Collier County and has more than 100 years of experience combined in the local area.Together, QE + GM + PMI have successfully completed hundreds of projects with similar components,maintain an outstanding working relationship with each other and with Collier County,and have a vested interest in the success of this Design-Build project. 4 1 QE+GM+PMI will work collaboratively to provide Collier County with the most cost effective and successful design and construction services.Together,QE+GM+PMI will: FIRST PROJECT IN FLORIDA • Work closely with Collier County staff to identify and meet all goals • Provide industry-proven,technical,construction,and management expertise • Use local resources to meet the County's desired schedule 2 0 2 44 • Identify and mitigate risks to avoid delays and provide the most cost-effective solutions • Comply with all Design Package Criteria and County Standards for utilities,roadway,and ROW • Prioritize public concerns to avoid impacts on surrounding residents,areas,and the environment FIRST JOB WITH • Be available to the County at all times COLLIER COUNTY QE is a versatile general contractor and will self-perform over 80%of this project.PMI will install all asphalt, and an experienced, local subcontractor familiar with Collier County Standards will provide lighting and signalization.QE's ability to self perform allows for flexibility in scheduling,adaptability to rapid project changes, 7 and guarantees that a skilled, local, and dynamic workforce will be available throughout this Design-Build project.The QE+GM+PMI team has also assembled a group of highly reputable,local companies with proven REVENUE FROM success to participate in this Design-Build project. Bridging Solutions, LLC. will provide Structural Design, COLLIER COUNTY IN Cella Molnar&Associates,Inc.will handle Public Information,Earth View,LLC.will perform Subsurface Utility 2019 Engineering services, Forge Engineering Inc. will oversee Geotechnical Engineering, McKim & Creed, Inc. e u will provide Right-of-Way Mapping, Passarella Associates, Inc.will manage Environmental Consulting,and Trebilcock Consulting Solutions,PA will design Street Lighting and Signalization.*Please note that McKim& $ 14• 7 Creed,Inc.has been added to the original QE+GM+ PMI Design-Build team. TOTAL REVENUE IN 2019 PROJECT GOALS AND OBJECTIVES The QE + GM + PMI team understands the County's intent to extend Veterans Memorial Boulevard (VMB) from Livingston Road to the new high school.The new roadway geometry will be urban (curb and gutter) COLLIER COUNTY SCHOOL divided arterial consisting of four,eleven-foot travel lanes(two in each direction),a 27-foot wide raised median, BOARD CONTRACT five-foot wide on-street bike lanes, and six-foot wide concrete sidewalks on both sides of the roadway.The STARTED IN eastbound travel lanes will align with the existing roadway alignment. The eastbound sidewalk will align with the existing sidewalk along the south side of the existing VMB. QE + GM + PMI's projected workload aligns with the proposed Design-Build schedule and the team commits to providing the required services, . 2 0 007; mobilizing resources in response to the established timeline,and to being readily available and accessible ' ANDRELDEVERYYEARSINCE'' during all phases of the project. DESIGN-BUILD DELIVERY PLAN . QE has successfully completed hundreds of projects for Collier County.With key players from QE and Collier COLLIER COUNTY OWN,'' County involved on many of the same projects,a strong relationship has been formed and the QE+GM+ 'EMERGENCY - PMI team is aware of the County's high standards and expectations for local work.The QE+GM+PMI team STARTED CONTRACT I has put a significant amount of planning into this project and the team's understanding of local conditions will expedite movement through all phases. 2008 , „ QE's role as overall project manager includes:overseeing clearing and grubbing,earthwork, installation of storm piping,utilities,base courses,curb and sidewalk.GM will be instrumental in the project design and will provide survey, permitting,construction administration,and construction engineering inspection (CEO. PMI will perform all asphalt paving on this Design-Build project. ;, € 02CO TRANSMITTAL LETTER & EXECUTIVE SUMMARY PROJECT OVERVIEW AND BACKGROUND Collier County Public School {CCPS) is opening a new high school in August 2023 on a 15-acre CCPS property located on the south side of the proposed Veterans Memorial Boulevard(VMB)extension,approximately 1.5 miles west of Livingston Road.As a result of the new high school opening in August of 2023,Collier County has decided to proceed with the planned 4-lane extension for VMB from Livingston Road to Old 41 Road. As understood,all right-of-way(ROW)from Livingston Road to Old 41 Road has been secured by the County except for the ROW at the Seminole Gulf Railway(SGR)crossing.Due to the ROW at the SGR not being secured to date,and environmental permitting required on the western portion of the proposed VMB extension,the County has divided the VMB extension project into two phases.Phase 1 is from Livingston Road to the eastern entrance of the proposed high school (approximately 1.3 miles west of Livingston Road)and the future phase will connect from the terminus of Phase 1 to Old 41 Road. To accommodate the high school opening in August 2023,Phase 1 of the VMB extension project requires that the roadway extension is designed and constructed to the traveling public(Substantial Completion) by January 27,2023 and Final Completion by March 31, 2023. Additionally,construction of the proposed high school is scheduled to begin by June 18,2021. As a result,Phase 1 of the VMB extension project includes that a construction access road extending from the west terminus of the existing VMB to the high school property be constructed by June 18,2021.In addition to providing access to the proposed new high school,VMB extension is a critical east/west link in the Collier County road network as detailed in red in Exhibit 1.1. In an effort to help expedite the permitting ' u � « " . ,EXHIBIT 1'1 4� � w�a i r � � ��0.tk 9 x ' , `d � process, Collier County has contracted ,_ ,,; v , ' s separately with consultants to begin the - :t,���' 7 � �+ , �, , , , permitting process through the South a ' ' ` " Florida Water Management District , t ' .: fin,e3 (SFWMD) and USAGE. The QE + GM + PM! ^� xzl•3 " team has reviewed all of the applications - f � �� ,,,,::ii.,, and Due Diligence Reports that were �'' {M �g 'lg.'. �� provided with Step 2 of the Design-Build R° fq ��� process and has a firm understanding of where the permitting process stands and z ', 0. the outstanding challenges that are being a ; tg worked through. " �"� l 1. ,K*+ .;,. 'I�..k�. 4 yy " .G"..*, ! ", .c ""�2k:: _ �.°« • �; ire ie vAY a9 �z THE QE + GM + PMI DESIGN-BUILD TEAM PROVIDES A UNIQUE ADVANTAGE TO COLLIER COUNTY,AS GRADYMiNOR HAS WORKED ON THIS CORRIDOR FOR APPROXIMATELY 15 YEARS. As discussed in Step 1 of the Design- Bud/ld process, GradyMinor succeeded Heidt and Associates as Engineer of Record during construction f the road segment between Livingston Road and l 75 in the mid 2000's and are also the Planner, Engineer, and Surveyor for the Imperial Lakes AUD project, located adjacent to the proposed new high school. DESIGN AND CONSTRUCTION PLANS OVERVIEW ROADWAY DESIGN-A critical first step in designing a new roadway is establishing the design criteria and standards that must be adhered to based on the type of facility and if it is part of the State Highway System(SHS).The VMB extension will be designed per the l of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways(Florida Greenbook)as it is a public road,but is not part of the SHS. *The Design Criteria Matrix provided on the following page details the Roadway Design Standards for this Design- ManuaBuild Project. oa CAO TRANSMITTAL G T1 ER&EXECUTIVESUMMARY Ci + RMli VETERANS MEMORIAL BOULEVARD EXTENSION -PHASE 1 DESIGN-BUILD PROTECT Veterans Memorial Bouelvard Extension Phase 1 DESIGN CRITERIA MATRIX Design Criteria&Standards 2016 Manual of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways(Florida Greenbook) 2020 FDOT Design Manual(FDM) DESIGN ELEMENT Design Standards REFERENCE FACILITY TYPE Urban Arterial Florida Greenbook(Table 3-1) DESIGN SPEED 45 POSTED SPEED 35 LANE WIDTHS 11' Florida Greenbook(Table 3-10) TURN LANE WIDTHS 11' Florida Greenbook(Table 3-10) HORIZONTAL ALIGNMENT MEDIAN WIDTH 22' FDM(Table 210.3.1 Context C3) CROSS SLOPE Minimum=0.015 Florida Greenbook(C.7.b.2) Max=0.04 CHANGE IN CROSS SLOPE Should Not Exceed=0.04 Florida Greenbook(C.7.b.2) BETWEEN ADJACENT THROUGH HORIZONTAL CURVATURE(MAX. 8°15' Florida Greenbook(Table 3-5) CURVATURE) HORIZONTAL CURVATURE(MIN. 680' Florida Greenbook(Table 3-5) RADIUS) SUPERELEVATION(emax) 0.05 Florida Greenbook(Table 3-5) MAX DEFLECTION W/O 1°00' FDM(210.8.1) HORIZONTAL CURVE MAX DEFLECTION THROUGH 3°00' FDM(Table 212.7.1) INTERSECTION SHIFTING TAPER LENGTH(NON- L=(W'S)/2 FDM(212.6) MERGING) 4' CLEAR ZONE(FROM FACE OF (Maybe reduced to 1.5'where Florida Greenbook(Table 3-15) CURB) 4'cannot be reasonably obtained) VERTICAL ALIGNMENT MINIMUM GRADE 0.3% Florida Greenbook(Table 3-7) MAXIMUM GRADE 6% Florida Greenbook(Table 3-7) MAX GRADE CHANGE WITHOUT 0.70% Florida Greenbook(Table 3-8) VERTICAL CURVE MINUMUM VERTICAL CURVE 135' Florida Greenbook(Table 3-9) LENGTH-CREST MINIMUM K VALUE-CREST 61' Florida Greenbook(Table 3-9) MINUMUM VERTICAL CURVE 135' Florida Greenbook(Table 3-9) LENGTH-SAG MINIMUM K VALUE-SAG 79 Florida Greenbook(Table 3-9) VERTICAL CLEARANCE MINIMUM VERTICLE CLEARANCE I16'-6" (Florida Greenbook(C.7.1.4(b)) SIDEWALKS MINIMUM WIDTH 5' Florida Greenbook(Chapter 8 B.1) MINIMUM SEPARATION FOR 5' 2' Florida Greenbook(Chapter 8 B.1) SIDEWALK FROM BACK OF CURB MINIMUM WIDTH ADJACENT TO 6' Florida Greenbook(Chapter 8 B.1) CURB MAXIMUM GRADE 5%(Max allowable without Florida Greenbook(Chapter 8 B.1) ramps and landings) MAXIMUM CROSS SLOPE 2% Florida Greenbook(Chapter 8 B.1) BICYCLE FACILITIES 4'(add 1'when adjacent to on WIDTH street parking,barrier,face of Florida Greenbook(Figure 9-1) curb or when truck volume is greater than 10%) 04 S TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. The VMB Extension-Phasel Design-Build Project will be an urban(curb and gutter)divided arterial consisting of four,eleven-foot travel lanes(two in each direction),a 27-foot wide raised median,five-foot wide on street bike lanes,and six-foot wide concrete sidewalks on both sides of the roadway. The eastbound travel lanes will align with the existing two-lane access road and the existing sidewalk along the south side of the existing VMB.The existing two-lane roadway curves slightly to the north just west of Veterans Elementary School and therefore will need to be reconstructed to allow for proper horizontal alignment of the new roadway section.Exhibit 1.2 depicts the existing roadways slight shift to the north. EXHIBIT 1.2. • nnediterra Golf Club arAwFiiq qr `^.o , veterans ne o ial Elementary seco Res ry Co u ity ,,� ya f mMlw e One of the minor changes that the QE+GM+PMI team included in our proposed layout is the adjustment of the median width that is currently depicted in the proposed permit plans,provided in Step 2 of this solicitation.Per the Florida Greenbook,the median width is defined as the horizontal distance between the inside edge of travel lanes of the opposing roadways.The proposed permit plans detail a 29-foot median.As stated in the proposed Design Criteria Matrix,the required median width is 22-feet wide. The QE+GM+PMI design includes a median width ofjust over 27' that will allow for the construction of a 4-foot wide traffic separator, which is the minimum recommended traffic separator width,at the dual left turn lane locations(Phase 1 includes a total of three dual left turn lanes.)Additionally,the QE+GM + PMI design includes a slight modification to the single left turn lanes along the corridor as shown in the proposed permit plans.The QE+GM+PMI design of proposed single left turn lanes will provide a positive offset for any future opposing left turns that may be added. Exhibit 1.3 details the benefit of providing for a positive offset for opposing left turn lanes.While there are no opposing single left turn lanes shown in the current design,providing the safest layout o.f the proposed single left turn lanes will assure that a positive offset is maintained if a future opposing left turn lane is added,reducing the amount of reconstruction that would be required versus what would be required if the design in the proposed permit plan was constructed. Another critical component of the corridor design is the EXHIBIT 1.3 layout of the intersection of VMB and Livingston Road.The Negative and Positive Offset between opposing left turn lanes widening of the roadway to a four-lane divided roadway ,. to the west of the intersection will require transitions to — — — —' — — — be accounted for to the east of the intersection.The QE +GM + PMI team has included the necessary transitions Negative Offset Positive Offset per Exhibit 210-4 of the 2020 FDOT Design Manual,shown in the plans and below in Exhibit 1.4. 4 ) ' Source:Plans Preparation Manual Vol. 1, 2.13.3, EXHIBIT 1.4 I 11 is r -..- II � I u.nummum, I II II 05 I i . TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. ACCESS MANAGEMENT-As stated in the Design Criteria Package,the Design-Build team"shall validate the anticipated Class 3 Access Management Classification or recommend an appropriate classification." Exhibit 1.5 details Collier County's Access Management Standards provided in Collier County's Transportation Planning Development Guidebook and per Resolution 13-257. EXHIBIT 1.5 Collier County Access Management Standards(Resolution 1$ 2' 7) r Msexrrrnca€s. t €rtxasatarr, Arc s rt Miniunssm n'dears cta4r 41 ak racNlty l eatuares opening trn dtreet4aloil fi€c^ti3 rs ,ak asa Class ilatiurg3 (feet 1(2) b 2 Controlled Access 132MAW 1320 2 40 0 F+ 3 Arterials and Co-Rectors,deeded k e i113 60 6E4 1 120 0 5 4 Artersafs and Collectors, undivided y O/330 N/A N/A 0 5. 5 Arterials and Collectors divided 33C112 20 .40 T S2016 OS,/25 I to Artera.als and let is+r undivided 3 30/220 N/At N/A t3 2 a 7 Artettals;old C.trNeCtkrru'.,dwaciecf and undivided 12S 3371 4311 0 25 1 r.aoesa ix) s 45ertpr+A,45ri2f t t21 tiseve xis,rlansixm spae.ng starrsdardx snsw ruts be a(teetuatca 3t ax i,are taro-s and stoNege iv rent cared. f.3) 5rragie rSraperties watt ten sta' s r>zcseetiesg the en,ns mum spays€sg ctatena may rust raecexsanty cc. -, perouts Tor OW rm ulrne,rn abrsreeber of.� l— prrssxLxas cortoe(ticsns. Team Member Norman J. Trebilcock VETERANS MEMORIAL BOULEVARD PHASE I ACCESS MANAGEMENT (Trebilcock Consulting Solutions, PA) LOCATION ITYPEACCESS ISPACING(FT) I CLASS3MET? I CLASS 5MET?'REMARKS Future driveway to be assisted Collier County with the most High School Bus constructed in next phase of recent update to the County's Access Entrance FUTURE--NIC 965 NO YES project Management Resolution 13-257. When High School Student Distance from HS signal to Entrance FULL SIGNAL 4,830 YES YES elementary signal considering the Access Management Secoya Potential residential access for Classification for a roadway, a review of Reserve/Mediterra Mediterra Community Residential DIRECTIONAL SOS NO YES (secondary) potential compliance with the spacing Potential to coordinate criteria for the existing/planned drives, Mediterra RIGHT IN/RIGHT maintenance drive to align with medians, and signals can be helpful to Maintenance Drives OUT 230/490 NO/NO NO/YES school determine the most appropriate Access Classification. Exhibit 1.6 provides such Veterans Memorial Elementary School a review and based on this table,the QE Parent/Staff Distance from elementary +GM+PMI team believe that an Access Entrance FULL SIGNAL 1870 NO NO signal to Livingston Rd signal Class of 5 would provide the greatest degree of compliance for this Project. Veterans Memorial Bus entrance has internal Elementary School connection to school signal for ACCESS CLASS 5 PROVIDES Bus Entrance DIRECTIONAL 900 NO YES left out movement THE GREATEST DEGREE OF Livingston Road FULL SIGNAL CLASS 3=660 FT MIN CONNECTION;1,320 FT DIRECTIONAL;2,640 FT FULL&SIGNAL COMPLIANCE CLASS 5=330 FT MIN CONNECTION;440 FT DIRECTIONAL,1,320 FT FULL;2,640 FT SIGNAL EXH I BIT 1.6 EXISTING DEVELOPMENT ACCESS -The Mediterra Community runs along the entire 1.5-mile north frontage of the roadway ROW. The Mediterra golf course maintenance facility has two access drives on the existing section of VMB that is going to be improved to 4-lanes. In addition,the Mediterra Community may have interest in connecting to VMB for community traffic as a means of improving their overall access and circulation. The Secoya Reserve residential community(Sandalwood PUD)is a 57-lot single family subdivision that has a driveway connection on the south side of VMB western terminus. Veterans Memorial Elementary is just east of Secoya Reserve and has two driveway connections onto VMB. The Imperial Golf Estates is along the south frontage of VMB that has not been extended yet.The Imperial Golf Estates is not anticipated to connect to VMB,since their developed single-family platted homes are along the entire frontage without an opportunity for a street connection to VM B.Though there are not many drives along the roadway, coordination with the developments and school are important to create a desirable driveway spacing. Members of the QE + GM + PMI team have had past involvement in the Mediterra and Secoya Reserve projects.Through a proactive community coordination approach with the residential developments and CCPS,the QE+GM + PMI team believes that an effective Access Management program can be developed on VMB. 06 TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. NOISE STUDY-The QE + GM + PMI team has reviewed the EXISTING PAVEMENT ASSESSMENT-As part of the many site Traffic Noise Technical Memorandum prepared by AIM inspections performed by the QE+GM+PMI team, a roadway Engineering &Surveying, Inc.and has a full understanding of exisiting pavement inspection was performed to inspect for the study results as it pertains to Phase 1 of the VMB extension. any signs of pavement distress that may require the existing The results of the study concluded that noise barriers at roadway be fully reconstructed.The existing pavement between Imperial Golf Estates and Secoya Reserve,which are within the the western property line of Veterans Elementary School and limits of Phase lof the VMB extensions,werefound to meetthe Livingston Road is in good condition and the proposed milling noise reduction requirement but were not cost reasonable and and resurfacing associated with this project will suffice. The therefore not recommended. The noise study did conclude portion of the roadway between the existing western terminus that noise barriers in the form of a 1,380-foot,16-feet wall were point of the roadway and western property line of Veterans both a cost reasonable and feasible abatement measure for Elementary School is showing signs of pavement distress the impacted 23 residences identified as sensitive sites located in the form of longitudinal cracking, as shown in Exhibit 1.7. within Landmark Naples. Landmark Naples is located on the However,as this portion of the existing two-lane roadway will south side of the ROW at the west end of the future phase of be reconstructed to correct the existing alignment issue(slight the VMB extensions. curve to the north),the longitudinal cracking is not a concern. DRAINAGE DESIGN -As detailed in the documents provided in Step 2 of the VMB Extension - EXHIBIT 17 Phase 1 Design-Build Project,the County is working with an Environmental Consultant on the 1 preliminary drainage design in an effort to obtain an Environmental Resource Permit (EPP) from the South Florida Water Management District(SFWMD).The surface water management system will be designed per the SFWMD "ERP Information Manual 2014". In addition to the , " ERP Information Manual 2014, the drainage infrastructure will be designed per the design criteria detailed in the Florida Department of Transportation (FDOT) 2020 Drainage Manual. *The following page has a detailed list outlining the design parameters associated with the ,,- drainage system. • The drainage design on Phase 1 of the VMB extension consists of one(1)major basin divided into three(3)sub-basins.Turrell,Hall&Associates(THA)established the control elevation for the entire — EXHIBIT 1.8 basin within Phase 1 as 10.5 ft.NAVD from wet season water nails.Runoff from the roadway will , W*"'I be collected via curb inlets along the roadway and will convey the water to wet and dry detention ponds located to the north of the roadway within each basin.The existing drainage extending from the westernmost portion of the existing two-lane access road to just west of Veterans Elementary School will need to be reconstructed.As seen in Exhibit 1.8,the existing drainage �' within this portion of the corridor consists of concrete flumes which convey the drainage runoff 1W,rs/ r,M into a small swale on the southern side of the road.The proposed design will include realigning n;',.;A .. this portion of the roadway due to the current alignment of the corridor turning to the north,as outlined above.The drainage system in this portion of the roadway will be reconstructed with EXHIBIT 7.9 Type 6 curb inlets that will be connected via a cross drain to the dry detention area to the north. The QE+GM+PMI team has included in our preliminary design to reconstruct the existing drainage inlets&cross drains within the existing two-lane access for the following reasons: 0The existing curb inlets consist of Type 9 curb inlets which convey water to cross drains that extend north to mitered end sections,as seen in Exhibit 1.9. Type 9 curb inlets are typically intended for locations with light to moderate flows and/or where ROW width is limited and does not provide the space to construct throated curb inlets.VMB is classified as an arterial roadway within Collier County's roadway q P , network and has sufficient ROW.Therefore we are proposing the use of Type 6 inlets along the corridor. The QE+GM+PMI considered the use of Type 5 inlets as flanking inlets on both sides of the proposed Type 6 inlets,per Section 3.7.1.1(Inlets)of the FDOT Drainage Manual.However,this would increase the cost of the project and based on our experience with the County,Type 5 flanking inlets are not typical.For example recent construction on Livingston Road does not utilize flanking Type 5 inlets. C?The existing cross drain inverts are too high for the design of the proposed Type C Ditch Bottom Inlets(DBI)that are located within the proposed dry detention area.If the existing cross drains were to remain,then a junction box would be located within the median to allow for the construction of a deeper cross drain to the north to the proposed Type C DBI. Reconstruction of the proposed infrastructure will provide a consistent design with the new portions of the corridor which will consist of Type 6 curb 0 inlets conveying runoff to Type C DBIs located within the dry detention area. 07 TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. DRAINAGE SYSTEM DESIGN PARAMETERS ,<, PIPE MATERIAL TBD based on optional pipe analysis.Assumed RCP for conceptual plans and price.Potential cost savings if other FDOT approved material is deemed acceptable. DESIGN STORM FREQUENCY 10-year (Table 33 FDOT Drainage Manual). The rainfall intensity will be determined from the OF STORM DRAIN SYSTEMS "Rainfall Intensity-Duration-Frequency Curve for Zone 8" based on the time of concentration of each contributing sub basin within the project limits. DESIGN TAIL WATER Based on surrounding SFWMD ERP permits,surveyed elevations of high water lines/marks,and local tidal information. RUNOFF DETERMINATION Rational Method per Section 3.5 of FDOT Drainage Manual. POND SIDE SLOPES Side slopes will be no greater than 4:1. CONTROL ELEVATION 10.5' NAVD. Based on surrounding SFWMD ERP permits and site specific Seasonal High Water information provided by Turrell,Hall&Associates. TIME OF CONCENTRATION 10 minutes minimum. MINIMUM CLEARANCE Excluding minor losses, the storm sewer system shall provide a minimum clearance of 1 foot from the Hydraulic Grade Line(HGL) to the gutter elevation.This will not apply to ditch bottom inlets where temporary ponding is not objectionable. If all minor losses are considered,then it is acceptable that the HGL can be designed to the gutter elevation. MINIMUM VELOCITY The minimum velocity shall be 2.5 feet per second(fps)in the storm sewer pipes. OUTLET VELOCITY If greater than 6 fps then erosion protection and/or energy dissipation shall be considered. MANNING'S COEFFICIENTS TBD based on optional pipe analysis.Assumed 0.012 for concrete pipe for initial design. MINIMUM PIPE DIAMETER The minimum pipe diameter shall be 18 inches. MAXIMUM DISTANCE Maximum distance between pipe access shall be 300 feet for pipe diameters of 18 inches,400 feet BETWEEN PIPE ACCESS for pipe diameters of 24 to 36 inches and 500 feet for pipe diameters of 42 inches or larger. CALCULATED SPREAD AT Using an intensity of 4 inches per hour,the calculated spread at each curb inlet shall be less than EACH CURB INLET one half of the width of the outside travel lane. MINIMUM VERTICAL Minimum vertical clearance from other utilities shall be a 1 foot unless otherwise specified by CLEARANCE Utility Standards. The corridor will drain to the wet detention pond located at the far west side of Phase 1 of the VMB extension and will have one control structure,S-136,located in the southeast corner of the pond.Exhibit 1.10 details the layout of the proposed wet detention pond. — EXHIBIT 1.10 MEDITERRA !r bi 5-733 (S-131) CS-132) ": ---.... --. --__ - :__ ... ____'_..._—------- R/W LINE --CS-135 j :-V 1 (�S 739)" � & C5 126 �{ W T DETENT/ON 5 134 # )I POND ] -. � I4 S 737w�.' � S-74O •�',; � �3 �5-127 wit S 136_`_ ... - -.c, '—' '""�•"""" ,,DrrW^' � �i ~` _ -� ".,--�-- L� ET ENT/ON POND ___ 7 7 h i R DWG AC _--r _0.577 AC 01-00 _ 5,00 )— T 0.673 AC - 0.939 AC .d-+�'+ 96PO — R/W LINE I U 5-138 5- 47 ) 5-128D BEGIN PROJECT BEGIN ROADWAY IMPROVEMENTS STA. 87+56.45 PROPOSED HIGH SCHOOL SITE 08 TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. PROJECT OUTFALL-The discharge from the control structure located on the southeast corner of the proposed wet detention pond will discharge south via a bubble up structure located within an existing outfall ditch just south of the existing ROW.This discharge swale, highlighted blue, extends east ultimately to a ditch that runs along the eastern limit of the Imperial Golf Estates property, highlighted orange.The stormwater is then conveyed through a ditch which discharges into the Imperial Drainage Outlet Basin,as depicted in Exhibit 1.11,and then eventually into the Cocohatchee River. EXHIBIT 1.11' I( {{ i ADJACENT PROPERTY OUTFALL-Construction of Phase 1 of the VMB extension will impact the discharge for two existing outfalls from Mediterra,which is the residential community on the north side of the County's ROW.The outfalls will be impacted as follows: •WESTERN OUTFALL FOR MEDITERRA-The existing western outfall for Mediterra discharges to the same drainage ditch located on the eastern limit of the Imperial Golf Estates property via the existing swale on the south side of the ROW. A bypass system will need to be constructed extending from Mediterra's control structure,around the proposed wet detention that will be constructed with Phase 1 of the VMB extension project and ultimately to a junction box that will convey both the stormwater from the wet detention lake and Mediterra's western control structure to the bubble up structure just south of the ROW. *EASTERN OUTFALL FOR MEDITERRA-The existing eastern outfall for Mediterra discharges south to the same drainage ditch located on the eastern limit of the Imperial Golf Estates property. A bypass system will need to be constructed from Mediterra's eastern outfall via a stormwater pipe under VMB and discharge into the outfall ditch adjacent to Imperial Golf Estates. POND SITING REPORT-The QE+GM+PMI team has a firm understanding of the five(5) pond locations that are being assessed for the future phase of the VMB extension. The team is familiar with the challenges associated with the ponds due to the potential need for ROW acquisition,utility conflicts,FPL transmission lines and having to work with Conservation Collier and/or property owner of the Imperial Lakes PUD for a joint agreement to use their property. r �/ � bs .. 'E 2 �r t 44.., , ,,,,,,,,,,„,. ,„ ,, 4,--*,,,,.,,,, ,,,;.34,4,,, 3, ., ..,,-- '4.-.--It 4; > .ri it•s 4, .I ,.r��,- F �.� - � � �<-"'� �,,,� . ,g'^�1�:; }�° �.r� �` 3' .fi � �' # �. 4 -...,,,,4,, , „.„.....,.;..„..,,,„ ,,.1 ,,, 9 0,*,,_, .,,.,, _ 1, f IV,,,,,„, ".!-4 , -.,' '4,,,,,,,, ',,,..A 17 11.117,,.4.;4k •-ril"P„c4 .,,,,,:.;:40'„:40,1*1:01411447:i.,S, !;f",,,,..4.,,',.,..,,"';"%,,,v,I.."' ,'tit, j '11. 4j _ ,CMS `A , is I i 44 „. a' 1: tit:, r it' / $ §� x "`"' y, a 'r fi Ali . ' , ...s "".,•^ `s+ as .�.ti7�'e•...` .' e - <..",w+ x _ TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. SIGNALS-The intersection of VMB and Livingston Road is already signalized and adjustments to this location as well as desired upgrades (i.e.retroreflective backplates)will be incorporated into the signal design.Given that the original signal layout was based on a 6 lane by 6 lane layout and the proposed intersection will be a 6 lane by 4 lane layout,a new configuration of the mast arms is warranted.The QE+GM+PMI team has provided a design layout that meets current signal design approaches with staggered right turn stop bars for better sight visibility. The team has also provided a layout with far side intersection signal indications requested by staff and no need for supplemental near side signal heads.The team has laid out the intersection with 30 ft.radii entering VMB and 50 ft.radii entering. Livingston Road to account for anticipated operations on the intersecting roadways.Two new signal installations are anticipated for the project at Veterans Memorial Elementary and at the future high school site. The team will design the signal system with fiber interconnect between the signals to be expanded in the future to the west as well(i.e.to Old 41 and US 41). As an alternative intersection treatment; roundabout expert Michael Wallwork with Alternative Street Design will review the feasibility of roundabout traffic control in lieu of signalization at these two locations. This design approach is consistent with FDOT recommendations and will help to achieve optimal safety and efficiency in the project's intersection design treatment. _','''','-',''----C,,.'."'7____7"4_7".'._'.','1'',,,,',,,„,',1'',,,--,--,„k'-.,•----•'`7::-:-:"'-:.1",t1„`4"1.";„4:,M,17.-.-..-S'-Q..,,L-..:,IZ.., L„Zkq,', `, µ EXH . 3 i.. . XH B . - e - / - T IB1T 11 n ,£ #r -' ,n ¢g$g; __ .} - II11111n111111111k! , �ff r 4 Ii11f1CC19111E _.I.._. " ate r'. '� M ' 1 ' "- 7i1111E ' T ' I - ` (ui1' 6611,LIIIII IIIIIIM '4, ,4-- .>:,,, i4, > , aye �. ., ,......r. ,-.u, .:. *Exhibits 1.12,1.13,1.14 display the Preliminary Signal Layouts for this Design-Build project. LIGHTING - There is no existing street lighting along the 2-lane developed section of =MI VMB. There is an existing overhead electric distribution line along the south ROW of VMB that will impact the placement of the proposed street lighting system. Due to the `" ' existing residential development along this corridor,consideration of a staggered lighting system with a lower mounting height as an accommodation is recommended.The team has prepared a design layout using Collier County's desired Apollo Light fixture (seen in Exhibit 1.15) and will use a lower mounting height base to address potential concerns of nearby residents.These fixtures are also available with house shields to prevent additional backlighting,which are included in the team's design.The results of using the LED Apollo light fixture mounted on a 30-ft aluminum pole with an eight foot arm results in an efficient staggered spacing on each side of the roadway. This layout would accommodate future median landscaping as well.In limited locations,the team would have median lighting to avoid conflicts with overhead electric lines and underground utilities. Light levels will meet/exceed applicable FDOT Design Manual arterial criteria for average foot-candles and uniformities. 160 mph wind speed criteria would be met as well. UTILITY DESIGN-There is currently an existing 12-inch PVC water main and 12-inch wastewater PVC force main along the south side of the existing two-lane VMB. Exhibit 1.16 depicts the temporary blowoff assemblies at the western terminuses of the existing water and wastewater mains.The permit plans provided with Step 2 of this solicitation depict a proposed 12-inch water main and 12-inch wastewater force main extending on the south side of the road for Phase I of the VMB extension.As part of this project,a 12-inch water main and 12-inch wastewater force main will be installed along the south side of the roadway,considering separation requirements per F.A.C.62-555.314 and Collier County Standards and appropriate separation from the proposed light poles. Justin Frederiksen,P.E. will manage utility coordination for the QE+GM+PMI team and will be the point of contact for Collier County Public Utilities. Justin will ensure that the proposed utilities will be designed and constructed per Collier County's Utilities Standards Manual,the Florida Administrative Code,and AWWA Standards. EXHIBIT 1.16 The QE+GM+PMI DESIGN INCLUDES: k • Isolation valves at no greater than 1,000 foot intervals ; ` ems. � • Fire hydrants at no greater than 500 foot intervals :14 • Permanent sampling points every 3000 feet .,,• r « �.' • ;,s ;: • Air release assemblies at all high points '�' . • ;,xis u • Stubouts for the proposed High School connections a ,,,. * ' ....wn ft4, .gyp'. h �4 g • Temporary blowoff assemblies for the future extension of the utilities to the west • l' 10 CAO TRANSMITTAL LETTER & EXECUTIVE SUMMARY COLLIER COUNTY'S INPUT NOISE & ODOR ABATEMENT QE + GM + PMI will work diligently with and for Collier County The team does not anticipate noise or odor exceeding acceptable during all project phases to provide the most economical design limits for this project.All noise levels will be maintained at or below and best construction services.The team encourages input from the allowable Collier County ordinance limits. In the event that rock the individuals that will own,operate,and maintain the system after is encountered during any excavation operation,QE will utilize its Epi its completion and value feedback from staff at all levels to ensure Rock cutter attachment.This method of rock removal uses a rotating long-term project satisfaction.QE + GM + PMI strive to ensure that attachment on a hydraulic excavator to cut through rock layers and every project completed has a long-lasting positive effect on the is no louder than a standard excavator. County's infrastructure system. PUBLIC OUTREACH CONCEPTS MANAGEMENT OF IMPACTS TO SURROUNDING Community awareness,outreach,involvement,and communication COMMUNITIES are imperative to the success of this Design-Build project and will QE+GM + PMI understands the importance of coordinating with be handled in full by Cella Molnar & Associates, Inc. (CMA) as adjacent property owners throughout the life of the project and follows.Politically sensitive issues will be immediately brought to the has a vested interest that the project is constructed on time attention of Collier County staff.QE is currently working with CMA and with as little interruption as possible. Many of the team on two high profile Design-Build projects for Collier County.Both members live in close proximity to the project limits and are part of these projects have required extensive outreach to the public of the impacted community, including Louis J. Gaudio (QE),Justin and local businesses and communities due to the fact that they Frederiksen,P.E.(GM),and Ralph Verrastro(Bridging Solutions)who are in highly visible areas. lives in Secoya Reserve which is along the project corridor.Below is • A public information meeting will be held at the 30%plan phase a list of the key stakeholders along the project corridor that will to solicit input from the surrounding communities including Secoya need to be coordinated with often: Reserve, Imperial Golf Estates, Mediterra, and Veterans Memorial •Collier County Public Utilities •Mediterra Elementary School. •Collier County ROW&Road Maintenance • SFWMD • An introductory invitation newsletter will be mailed to •Collier County Real Property •Secoya Reserve the surrounding communities, elected officials, and agency •Collier County Public Schools •US Postal Service representatives to provide information on the toll free 24-hour +Veterans Elementary School •Imperial Golf Estates "hotline."A press release with detailed project information will be sent to all local media, with additional information available upon MINIMIZE IMPACTS TO MAINTENANCE OF request, and the meeting will be advertised in the Naples Daily OPERATIONS News.A flyer will be provided as the invitation to the second public The QE + GM + PMI team will work closely with Collier County meeting and all advertising will be included. Transportation,Collier County Utilities,CCPS,and the surrounding • Coordination with Collier County School personnel,including staff communities to limit disruptions to the traveling public, from Veterans Memorial Elementary,will begin early on to determine pedestrians (walkers and bikers) and residents throughout design specifics and to ensure that construction activities do not project.This will be accomplished by always providing uninterrupted interfere with bus transportation and parent drop-off and pick-up. access to driveways and community entrances,as well as providing • A second public meeting will be held between the 60%and 100% full access for vehicles related to the construction of the new High plan phase to allow the public to provide comments on the prior plan School.Additionally,utility tie-ins will be closely coordinated with the phase.A possible meeting venue is Vanderbilt Presbyterian Church County to occur during peak down times to minimize disruptions to near Immokalee Road&Airport Pulling Road. local residents and the nearby Elementary school.The team is aware •A preconstruction public information meeting will allow for public that Collier County operates utilities within the Mediterra Facility review of plans and discussions with the QE + GM + PMI Design- yard and will provide full access to this as well. Build (DB)Team and County personnel.The proposed MOT plan will SITE SECURITY be made available to the public to show travel pattern changes. • CMA staff will work with the DB team and County staff daily to The QE + GM + PMI team prioritizes site security. With QE's provide the public with up-to-date MOT information and to ensure equipment yard 15 miles from the project site, mobilization, that they are informed about all aspects of the project,usually this is storage,and maintenance costs will be reduced.Site access during most successful through weekly email blasts. construction will be controlled and only authorized personnel will •CMA will attend the weekly construction meetings and will have be allowed onsite. Clearly visible signage for permitted access will phone contact with the DB team 24-hrs per day so that issues (ie. be furnished. Materials will be distributed throughout the project unanticipated traffic or utility disruptions) can be resolved,and the as needed.Staging areas will be secured with orange safety fencing public can be informed,imediately. and restored to existing conditions upon project completion. • CMA will be available to make presentations to homeowner associations&civic organizations to provide project updates. TRANSMITTAL LETTER & EXECUTIVE SUMMARY CONSTRUCTION TRAFFIC CONTROL PLAN INNOVATIVE PROJECT APPROACHES Extensive thought has been put into a Traffic Control Plan that • RECYCLED CONCRETE AGGREGATE BASE COURSE (RCA) - In will minimize impacts to the traveling public, local residents and conforming with FDOT specifications, the QE + GM + PMI team pedestrian traffic during the VMB Extension - Phase 1 Design-Build believes that the use of RCA is far more superior to the limerock base Project. The QE+GM+PMI team believes that a five phase roadway used throughout Collier County and is offering this an alternative base construction plan will allow for the least amount of traffic disturbance course if preferred by Collier County.The supply of virgin aggregate and least amount of traffic control devices to minimize confusion.All in many areas of the United States is, or is, becoming limited. In plans and devices will be designed and placed in accordance with such areas,the use of recycled aggregate is beginning to serve as the latest FDOT Specifications. an environmentally friendly and economically viable solution. It is QClearing will be completed during Phase 1 of the project,which noted that several states have high tipping fees for disposal of RCA; �1/ will occur west of the existing roadway end and will not impact this is done to control landfill usage, thus increasing the reuse of any traffic or entrances. recycled concrete aggregates.RCA has several potential advantages 0i+ During Phase 2,construction of the future eastbound lanes will over virgin aggregates as a pavement base course.First,RCA can be �► occur,with all activity occurring west of the existing roadway a stronger base than virgin aggregates (LBR Value of 150 vs.100 for end.This will not impact traffic or entrances. limerock) and less subject to strength loss with moisture content wr 0 Phase 3 will include the construction of westbound lanes,while fluctuations. Certain virgin materials in SW Florida that otherwise maintaining construction vehicles for the proposed new high meet specifications can lose substantial strength with moisture school on the eastbound lanes. A temporary stop sign and stop content changes.These can be as small as 1%or 2%from optimum, bar will be placed just west of the entrance to Secoya Reserve even when properly compacted. so that construction traffic stops at this point for added safety. 'ASPHALT MIX DESIGN USING RAP-The QE+GM+PMI team has Additionally,the westbound lanes will be constructed on the incorporated the use of Reclaimed Asphalt Pavement(RAP)into the north side of the existing roadway while maintaining access to proposed asphalt mix designs. RAP is a useful alternative to virgin the Mediterra Maintenance facility, materials because it reduces the use of virgin aggregate and the amount of virgin asphalt binder required in the production of HMA. I, During Phase 4, the future westbound lanes will be utilized Using RAP greatly reduces the amount of construction debris going as 2-way traffic so that construction of eastbound lanes from into landfills,and it does not deplete nonrenewable natural resources Secoya Reserve to Livingston Road can be constructed. Access such as virgin aggregate and asphalt binder. Ultimately, recycling to Secoya Reserve will be maintained at all times. asphalt creates a cycle of reuse that optimizes the use of natural 0 Phase 5 will involve the widening and construction of the turn resources and sustains the asphalt pavement industry. lanes on the east side of Livingston Road along with the final •TURN LANE OFFSET-Vehicles turning left from opposing left turn overlay and line striping of the entire project limits. lanes may restrict the sight distance from the opposing vehicle based DEMOLITION & RESTORATION on the horizontal location of the left turn lane. An offset is defined Demolition work on this project will be kept to a minimum and will as the lateral distance between the left edge of a left turn lane and be mostly concentrated to the west of the existing road terminus, the right edge of the opposing turn lane.A negative offset typically as a majority of the project's demolition involves clearing trees restricts sight lines as the opposing vehicle is within the sight line of within this area. In order to minimize noise and vibration levels, the other vehicle. A positive offset is achieved when the vehicle in existing pavement will be removed by milling.The QE + GM + PMI the left turn lane is far enough horizontally in the median to avoid team will also minimize open cuts through existing pavement by being within the sight line of a vehicle in the opposing left turn lane. utilizing Horizontal Directional Drills for conduits and pipes to the The team has designed the left turn lanes in such a way to create a greatest extent possible.Areas requiring restoration within existing positive offset for future opposing left turn lanes. walkways and travel lanes will be prioritized immediately following • MILLING/RESURFACING OF EXISTING PAVEMENT - In order to work in that area. minimize cost to the County, the QE + GM + PMI team obtained existing roadway elevations,via field surveying,and determined that EXTENDED PROJECT WARRANTY the existing lanes west of Livingston can be milled and resurfaced In addition to the standard one-year warranty typically provided on to meet the proposed roadway elevations. This will allow for faster all Collier County projects,QE will extend the warranty on labor and construction time and results in cost savings for the County. materials for the VMB Extension-Phase 1 Project by one year for a • PHASING OF CONSTRUCTION-The QE+GM +PMI team believes total of two years total warranty.In addition,QE will offer a five year that our proposed phasing is innovative, as it provides the best warranty on the pavement in accordance with Section 338 of the alternative to minimize impact to the local residents, traveling FDOT Standard Specifications for Road and Bridge Construction, motorists and pedestrians. In addition, our phasing of placing the for a total of five years asphalt pavement coverage.This is beneficial construction access for the new high school on the future eastbound for the County and reinforces QE+GM+PMI's dedication and interest lanes while constructing the future westbound lanes eliminates in this Design-Build project. 12 delays to both projects and creates an easier traffic flow for both. ry . 4. I; � a • '10,`., s .11 '. • .. a Rya, • r .. a x � ' . 4:#":;:i.,•7-' 'Jr '' '''''''r..' 141i''''. — ':"'"..1:';',111.,, i:.::::, '-• e L_,,,.• „, „ .,,, .... :,„. 't• j yy . amass .• Ewa , i Irk 1:: • , .. • .....„ . ?„, v"' i,,,p -v I ,' P �` $ • x� " I,:` . "«.ro, ',. ',p ,-,,zi ems..' , '. ;x., k4,,,..,,I.:t,ty.,-;,,-- „ ,4%. '-',;""e';', '"7"4 "4 ,':�'�:.9. ,• fit 02 1 Project Team Approach CAO PROJECT TEAM APPROACH PROJECT TEAM APPROACH QE+GM +PMI is the local,trusted,and reputable choice for this Established in 1981,Q.Grady Minor&Associates,P.A.(GM)provides Design-Build project.Having completed hundreds of projects with expert civil consulting services to a wide array of public and similar components in Southwest Florida,the QE+GM+PMI team private clients throughout Southwest Florida. Fully licensed and is confident in their ability to successfully complete this project on insured, the company maintains a strong technical and business time,within budget,and at high levels of quality. foundation and is a local industry leader in Civil Engineering and Land Development.GradyMinor has successfully completed a wide QE+GM+PMI's past experience on Design-Build projects allows range of projects, is locally owned and managed, and supports a the team the ability to fast track construction as the design team of 64+employees. progresses.The team will divide the project into five phases for roadway construction (described in detail later in this Section) in Preferred Materials, Inc.(PM!) is the leader in production of high order to minimize traffic interruption to the traveling public and to quality hot mix and warm mix asphalt. PMI produces DOT spec minimize impacts to construction traffic for the new high school.An mixes as well as custom mixes,and is committed to sustainability illustration of the Phasing Plan has also been included in the team's and investing in recycled materials and technologies that reduce Construction Plans at the end of Section 3:Technical Information. emissions.PMI has maintained the Annual Resurfacing Contract for Collier County since 2014,which results in roughly$7 million The QE + GM + PMI team will immediately focus on drainage worth of work per year. PMI has also received several industry design to allow construction to start on the temporary road. As awards&recongizitions,including: construction is on-going in Phase I, GM will focus their efforts on the remaining design so that construction work is streamlined with •2015-NAPA Larry H Lemon Award no delays.Final Overlay of Asphalt will be placed at the completion •2016-ACAF Urban Resurfacing Award Statewide SR 84 Collier Cty of Construction Phase 5. •2017-ACAF NonFDOT Project Award Laurel Rd Sarasota Cty Collier County can trust the QE + GM + PMI team to deliver a • 201$-NAPA Quality in Construction Award US 17 Charlotte Cty timely, cost-effective, and high-quality solution that exceeds •2018-NAPA Quality in Construction Award US 41 Sarasota Cty standards based on the team's proven local performance. •2019-ACAF Urban Resurfacing Award District 1 US 41 Sarasota Cty • 2020-ACAF Pat Bolton Award District 1 SR 84 Collier Cty COMPANY OVERVIEWS • 2020-ACAF NonFDOT Project Award Sarasota 2019 Resurfacing Quality Enterprises USA, Inc. (QE) is a leading construction firm PMI is also member of the following National Industry based in Southwest Florida that focuses on major civil,building,and Organizations: specialized construction in both the private and public sectors.QE • National Asphalt Pavement Association (NAPA) has worked in Collier County since 2002 on a variety of infrastructure •QE is also a member of NAPA projects and has a dynamic knowledge and understanding of • Florida Transportation Builders Association(FTBA) local construction and regulatory conditions. With the ability . Asphalt Contractors Association of Florida(ACAF) to self-perform the majority of each project, QE maintains job site control and has never been assessed liquated damages for 11, The Organizational Chart on the following page project delays. displays the QE+ CM + PMI team members for this Design-Build Project. WHY QE+GM + PM! r e • Proven record of successfully completing Design-Build • Extended Project Warranty. projects on time and within budget. • Knowledge of local seasonal traffic&wet season weather. •The QE+GM+PMI team has the necessary experience and •Self-performance of major items of work. knowledge to fast track Design-Build Projects.On a recent •Past Experience with Collier County Transportation,Collier Design-Build project for Collier County,QE+GM were County Public Schools&Collier County Utilities. successful in permitting a project involving Collier County •QE+GM+PMI is a truly integrated team with a genuine, ROW,SFWMD ROW,and Dewatering within 30 days of the collaborative philosophy.The team integrates the two prime NTP,and then mobilized and started work within 40 days of roles of Designer and Builder and supports collaboration the NTP.This is unprecedented for a Design-Build project. and high performing team concepts. IT IS HAS BEEN DETERMINED THAT THIS DESIGN-BUILD PROJECT INCLUDES 13%MORE CONSTRUCTION COST IN UNDERGOUND UTILITY AND STORM PIPING THAN IN ASPHALT PAVING.WITH OE SELF-PERFORMING EARTHWORK AND UNDERGROUND UTILITY,AND PM!PERFORMING.. ASPHALT PAVING,THE OE+GM+PMI TEAM IS THE PROVEN CHOICE FOR THIS JOB. 13 U I V LIJ n CC a O ti , a ..a a p z Q 72 O 1 o c — m 5 2 N F" /' I a A U U 0Iv 7. IAA p Vr © � a� m U cQ 'r �w� m w ,)) �Yrwr y�ti a Z •' =� a o d u a z m le:C Q a` 3 rF 2 rZ G1. ry 'c ..M m `. .z CO U . , M ow .//I -Cu N C N X Ld.i - 2 o w m ° a ® u ` VI v ? v > n a ,t c a c C c E, w m o— z'� _ J W V _mN $ m .Y' rarw -�W 0 U 5+C . Gl a11!w Q C e+Ty Q W• !/ g ff s, U w 2 W 0 Ov oc3:. i40: a N p vet m c to) U're 0 4 4 r+ Z d v w Ci F., a w -, W ILIJVl 3 �. « d Q e ;; a� V C _ > #. mW z CC " U. : Z rJ g 1.tJ -� J a o 'I 4 wwoww W a m rrG� V P = c Ti W mn a ` 'v t W a / c la c u. 0 ul N 6. L'v W U -po Y a I.)la ya w `m o0 Vw v U o " = ccn c y Em --- ¢c 2 _ * ' o rn o� cW W c w It C w� ,C m co � (:)} r0 ,,, C w Q M `• m 2 m m� d ua p -u a u c o a ...T.mH .¢ V E E a c i {=u a to = ` — �+ k04E. ri o me roc_ U "w En= da V) a u ° L c m aLL S W m Cie) r. w p of C 0 c N 0f c C 5 a N 7 a m o es N E c m m w 1 PROJECT TEAM APPROACH PROJECT MANAGEMENT The VMB Extension-Phase 1 Design-Build Project will require significant coordination between QE+GM+PMI and Collier County. In response,the QE+GM+PMI management team is efficiently structured and is focused on strong communication,coordination, and decision making. Combined,QE + GM + PMI has over 300 employees living and working in the local area and QE's corporate office and equipment yard are less than 15 miles from the project site.This will strengthen project management,as key personnel can perform daily job site visits and will result in the prompt mobilization of equipment. QE will self-perform 80%of this Design-Build project.GradyMinor will oversee all design,permitting,and engineering efforts and PMI will provide all asphalt paving services.QE's experienced earthwork,utility,and concrete crews will self-perform the following items: embankment,storm piping and structures,utilities,base work,curb&sidewalk,MOT,and restoration to pre-construction conditions. A step ahead, QE will utilize the industry leading construction ERP solution, Vista by Viewpoint, to help manage this Design- Build project. A multi-faceted cloud-based construction suite, this state-of-the-art technology program provides a direct line of communication between the office and field, reducing the need for superintendents and crews to leave the job site and visit the office.Additionally,as part of this process,a Procurement Register will be created to record all goods and services purchased by QE from suppliers. Technology plays an integral role in QE's operations,as many machines are equipped with GPS,site positioning systems for machine grading,and 3D technology.The company has also invested in Trimble Sitework Technology which allows millimeter accuracy with fewer passes and no manual staking.All mid to large excavators are equipped with CAT Pin Grabber Coupler System which increases machine performance,versatility,and jobsite safety.Collectively,these resources reduce project risk from the County's perspective. PROJECT MEETINGS QE's Corporate Office/Equipment Yard is 15 miles from the project site,and GM's office is 6 miles from the project site;therefore, meetings between QE+GM+PMI and Collier County can be held at either location and easily followed by site visits if desired.This is a great benefit for Collier County. QE+GM+PMI propose the following meeting approach for this Design Build project: • Kickoff meeting prior to project start to review project • Additional meetings as necessary to coordinate with objectives and initiate coordination with County staff suppliers,regulatory agencies,etc. • Design review meetings at 60%,90%,and 100%plans to field • Public meetings as necessary to inform residents,area questions and incorporate questions from County staff businesses,etc.of upcoming activities • Biweekly project progress meetings CONSTRUCTION RESOURCES QE is prepared for the VMB Extension - Phase 1 Design-Build Project, as the company has experienced significant growth over the past few years, increasing in total number of pieces of equipment owned, personnel employed, and number of successfully completed jobs. With over 300 local employees and 350+pieces of modern heavy construction equipment, the QE+GM+PM!team has the resources of large competitors but an attentive and responsive management structure characteristic of a small firm. The Following Graphs Demonstrate QE's Growth from 2076-Present: Number of Employees New Equipment+Vehicles Purchased Number of Jobs Kgfraka an., v 1 30�'f J1 l ` 2016 njr Ijiditagrafitg ari 2017' 209 $3, 56,383 167 250 930,200,000 426 -Present 15 PROJECT TEAM APPROACH DESIGN—BUILD MANAGEMENT TEAM & STAFFING This Design-Build project will require significant coordination between the QE+GM +PMI team and Collier County.QE+GM+PMI's strong and experienced leadership will manage the skilled construction workforce and will ensure that the project is completed on time,within budget,and at high levels of quality. More information on the team's key leadership is provided on the following page. The QE+GM +PMI team is efficiently structured:Louis J.Gaudio serves as QE's Vice President and will oversee Fred L.Wiedner,the team's Design-Build Construction Project Manager for the VMB Extension-Phase 1 Design-Build Project.Additionally,Paul J.Moriarty will serve as the Construction Superintendent, Daniel Flynn, P.E.will serve as the Design Project Manager,and Justin Frederiksen, P.E.will serve as the Utility Coordinator. Fred Wiedner will be available to Collier County at all times and will oversee construction operations,with Louis Gaudio available to assist when necessary. Fred will be supported by a qualified administrative staff and will work closely with GM, specifically Daniel Flynn,throughout this project.The management staff will remain hands on to identify opportunities,address challenges,and mitigate risks. QE ensures that Paul Moriarty,the Project's Superintendent,will remain on site with the construction crews at all times, and regular site visits will be performed by other lead staff throughout the process. KEY PERSONNEL COMMITMENT NAME FIRM ROLE COMMITMENT TO COUNTY'S PROJECT PRECONSTRUCTION CONSTRUCTION Louis J.Gaudio QE Vice President 40% 30% Harlan Sawyer QE Estimator 100% 40% Fred L.Wiedner QE Construction Project Manager 30% 100% Paul J.Moriarty QE Superintendent 30% 100% Margarita Negron QE Manager of Health and Safety 20% 80% Ise Carreras QE Project Administrator/EEO Compliance Officer 20% 80% Daniel Flynn GM Design Project Manager 80% 50% Justin Frederiksen GM Deputy Project Manager 60% 30% Sally Goldman GM Design Project Engineer 80% 50% Alex Dunko GM Design Project Engineer 30% 60% Donald Saintenoy GM Survey Project Manager 20% 60% Frank Feeney GM Quality Assurance/Quality Control 30% 50% Rick Featherstone GM Construction Inspector 1S% 80% Richard Chalupa GM Landscape Architect 60% 40% Jason Bates PMI Project Manager 25% 50% Jerry Fletcher PMI Area Manager 10% 70% Chuck Molloy PMI Operations Manager 25% 70% 4.tot4 ; - 7.7,-;:::----- s� F i ' , A '"' w — -t j es. , N }r 1". rs�. I: ""\ ,ate- 9 `—, ..' ,, i -, , i ,, tit- ,. 'i .. v,-., te.,41,,,,, ..,,, . . : : ,., .. , -, , . t.!, , — . ._ _ -.....!..,,,„ �.$ « �` «a•�� 6 r„,„ ,..,. ,...„, ,,, ,.` � "� >�^"^ . r", .. ' � ��1'�.� tea- � �` � .. . ' ,„, t „ w KEY PERSONNEL PROJECT TEAM APPROACH NAME/POLE KEY QUALIFICATIONS „ >.wr,.•? ,,. ,.,,.ata, -,•.- ,,,, ,.,' , • • fir ,., .�-F�� rais�nKa�_•�z,1€ ati�• �•:�vR m6`'e � F V: LOUIS L • 30+years of construction industry experience • Maintains a long-standing relationship with Collier County and is familiar with local conditions, GAUDIO regulations,personnel,etc. Vice President • Experience managing projects ranging from$500K to$40 Million for the Army Corps of Engineers,Charlotte County,City of Naples,City of Marco Island,FDOT,various Collier County divisions,Naples Airport Authority,and the Town of Fort Myers Beach to list a few II • Oversees all QE roadway improvement and extension projects in Florida and South Carolina t, 1 1 Louis will support Fred L.Weidner,Project Manager,on RPS#20-7708,Veterans Memorial Boulevard Extension-Phase 1 Project FREDL. • 20+ years of construction industry experience 1NIEDNER • Strong background working on large-scale construction projects • Holds several advanced certifications,including:FDOT Maintenance of Traffic,OHSA 10 Hour, Construction OSHA Inspections for Construction and Multi-Employer worksites,OSHA Incident Investigation, i ATSSA Worksite Traffic Supervisor,OSHA Permit Required Confined Spaces,OSHA Jobb Hazard , Project Analysis,OSHA Excavation and Trenching Safety - Manager • Fred will serve as the Main Point of Contact to Collier County for RPS#20-7708, ' ,: OE Veterans Memorial Boulevard Extension-Phase 1 Project iwiarz PAUL J. • 30+years of construction industry experience fe MORIARTY • Extensive background working with Collier County's Transportation and Engineering Division • Certified by the US Army Corps of Engineers,Quality Management for Contractors,and FDOT 4 Construction Maintenance of Traffic F Superintendent • Strong understanding of SWFL construction and regulatory conditions • Paul will oversee daily construction activities and field operations,while utilizing Viewpoint e # software to generate electronic daily reports from the field on RPS#20-7708,Veterans j `�` yyE Memorial Boulevard Extension-Phase 1 Project DANIEL • 13+years of industry experience. • Works with FDOT,Collier County,multiple counties and cities in Florida to produce roadway and FLYNN, P.E. sidewalk construction plans • Extensive design background in projects ranging from minor resurfacing/widening,to roadway Design Project reconstruction,to multimodal complete streets throughout the state of Florida Manager • Engineering experience in Maintenance of Traffic(MOT),signing/paving marking,and horizontal lc Grab Minor and vertical geometry designs,super-elevation roadway layouts,and sidewalks/intersection ') i projects • FDOT certified in Advanced MOT JUSTIN • 17+years of engineering and construction experience in the State of Florida s. FREDERIKSEN, • Engineer of Record on various small and large utility projects in Collier County • Managed various Municipal Projects,which required:preparation of master planning ., PE. documents,engineering designs/plans/and specifications,project permitting,bidding assistance,contractor selection,and general construction coordination Deputy Project . Served as the Deputy Director for the City of Naples where he performed:rate studies,annual Manager reports of utility operations,grant/loan program administration,and assisted in developing IDGrab,man!' and administering the City of Naples Utility Standards,Utility Department annual budgets,and standard utility policies i w JASON • Serves as the Project Manager on all Collier County projects and will handle scheduling, contracts,and billings BATES P • Experienced with SWFL regulatory and working conditions , • PMI has maintained the Annual Resurfacing Contract for Collier County since 2014,resulting z"F b ‘ in roughly$7 million worth of work per year.Contract includes milling&resurfacing roadways , Project Manager throughout the County. ° 14 • PMI will perform all asphalt paving on RPS#20-7708,Veterans Memorial Boulevard Extension- Preferred Phase 1 Project 17 CA() PROJECT TEAM APPROACH KEY RESOURCES As one of the largest local roadway CATEGORY QTY. CATEGORY contractors, QE is prepared for the " ' Mr.,,Yu'fz � Broom Tractors 05 Loaders 30 VMB Extension - Phase 1 Design-Build Crawler Cranes 02 Milling Machine 02 Project. With over 250 employees, Crushing&Screening Equipment 10 Articulated Truck 03 including earthwork, utility and Dozers 03 Asphalt Pavers o3 concrete crews, the company has a large and skilled workforce and is proud Dump Trucks 08 Rollers 14 to celebrate 50 years of service. QE is Epi Rock Drum Cutter 03 Rubber Tire Excavator 01 knowledgeable of local conditions, Excavators 39 Skid Steer 04 has the capacity to bond this project, Excavators with Hammers 03 Sheet Pile Vibratory Hammer 02 can acquire materials in a timely Fusing Machine 04 Trailers 38 fashion, and will provide machinery Graders 02 Tractors 05 from the company's 350+piece heavy Horizontal Directional Drilling Rigs 03 VAC Truck,Tankers,Mud Reclaimer 09 equipment fleet. Lowboys 06 QE Mechanics&Lube Trucks 07 LOCATION QE's Corporate Office/Equipment Yard is located 15 miles from the project site,GM's office is 6 miles from the project site,and PMI's office is 8 miles from the project site;therefore,key personnel can be on location quickly should the need arise.Meetings between QE+GM+ PMI and Collier County staff can be held at either the QE or GM office location,and easily followed by site visits if requested.The close location will also allow for prompt equipment mobilization,resulting in significant cost savings for Collier County.A map has been provided to show the distance between the project site and QE+GM's office locations. KEY-The*shows the location of the Veterans Memorial Boulevard Extension-Phase 1 Design-Build Project. r;c1 to Sp log QUALITY ENTERPRISES,USA,INC. Approximately 15 miles from the project site 3494 Shearwater Street Naples,FL 34117 239.435.7200 geusa.com North Nao a Q.GRADYMINOR&ASSOCIATES,P.A. NA PI.ES PARK Approximately 6 miles from the project site 3800 Via Del Rey as learn BAY Bonita Springs,Florida 34134 V neyares 44► Preferred 239.947.1144 MAcrgo AI 5.IRk.. at ".»< • gradyminor.com PARK SHORE PREFERRED MATERIALS,INC. Approximately 8 miles from Gairen Gate the project site 18080 Green Meadow Road QE Ft.Myers,Florida 33913 hcp 239.985.1138 QUALITY `NT�APa"•` preferredmaterials.com 18 PROJECT TEAM APPROACH SCHEDULE & CRITICAL PATH METHOD PHASE 2 - Construct drainage piping and roadway for future east bound lanes (south side of VMB) to be utilized as a The QE+GM + PMl team has reviewed the milestone dates set temporary access road for construction of the new High School. forth in RPS#20'7708 for Completion of Temporary Roadway,as This phase of the project is projected to start upon completion of well as Substantial and Final Completion,and believe that these Construction Phase 1, late November,and be completed within dates are easily obtainable using the Design-Build Process. The five months.QE will start this phase with two earthwork crews team has established the Critical Path Method (CPM) as the to excavate future drainage areas to generate fill material for permitting process, which should be a non-issue with most roadway as well as import additional fill as required to complete permitting occurring by Collier County prior to the projects start. this phase. QE will have two utility crews committed to this The QE + GM + PMi team has worked to create non-disruptive phase for the installation of utility piping and storm piping.Upon design, permitting,and construction phases to ensure that the completion of utility and storm piping and testing of pipes,QE Veterans Memorial Boulevard Extension - Phase 1 Design-Build will mobilize a road crew to install base material for roadway. Project is successful and economical. QE will complete this phase by coordinating with PMI to place QE + GM + PMl has developed a Master Schedule (*Found on asphalt base course to be used as access by Collier County Public Pages 20-21 of this proposal)for this Design-Build project that Schools contractors to construct the new High School. will yield success from day one.The QE+GM +PMI team has PHASE 3 Construct drainage and roadway for west bound laid out the project in Five Phases to minimize disruption to lanes on north side of VMB from Livingston to west end of vehicular traffic,pedestrians,and local residences,as well as project. Phase 3 is scheduled to start in late April 2021 and be allow for ease of entry and exit by construction vehicles for completed within 15 months. This phase will commence with the new High School. the completion of Construction Phase 2.QE will set up MOT and Upon issuance of Contract and Notice to Proceed, the QE + perform survey work for future westbound lanes of VMB.QE will GM+PMI team will immediately start gathering Survey Data for utilize the same earthwork and utility crews used during Phase design purposes,as well as to set project boundaries. 2 to perform work in this phase.The familiarity with the previous phase should allow for quicker installation of work during Phase PHASING PLAN 3.This phase will also involve the installation of the drilled shafts for signalization mast arms.QE's same road crew will place base QE is experienced with Design-Build projects and recognizes material for roadway which will be followed by two concrete that this process can provide the quickest delivery system for crews to install curbs and sidewalks. Two crews will be used an owner when the team is collaborative and accomplished. to place sod which will be followed by PMI installing asphalt QE+GM+PMI is quailified for this Design-Build project and will base course and temporary line striping to prepare the future complete the project within the County's alloted time frame. westbound lanes for two-way traffic On a recent Collier County Design-Build project, QE worked PHASE 4- Place 2-way traffic on west bound lanes and modify behind the scenes on design items before the NTP was existing lanes for eastbound traffic. This phase is scheduled provided.This work was completeled at QE's own risk,but the to start mid July 2022 and be completed by mid-September company felt that the reward of time out-weighed the risk. 2022.This phase will start with setting up MOT and switching If awarded the contract,QE is prepared to do the same on this all traffic in a two-way set up on the westbound lanes. Once Design-Build project to ensure that all aspects are completed on the traffic switch is completed,QE will mobilize its milling crew time,within budget,and at the highest levels of quality. to mill existing lanes and then utilize one utility crew for this The QE + GM + PMI team has outlined a Phasing Plan for this installation of storm piping and utility piping.Concrete crews(2) Design-Build project.The plan will provide the most economical will complete curb and sidewalks. approach to the County,as well as the least disruptive approach PHASE 5 - Construct widening and turn lanes on VMB east of to the construction of the new high school,traveling public,and Livingston. This phase is scheduled to start mid-September pedestrian traffic. 2022 and be completed by late January 2023. This phase will The Phases are described in detail as follows: focus on the widening of VMB east of Livingston Road.Again,QE will utilize crews familiar with the project. One utility crew will PHASE 1 Clear and Grub all vegetation for the entire width of complete installation of storm pipe, followed by one roadway the ROW from end of existing road to west end of project.This crew installing base and one concrete crew complete curbs. phase of the project is projected to start late September 2020 This phase will also involve this installation of mast arms and and be completed within two months.Three Clearing Crews will poles at all locations. Sod will be installed along with signage be committed to this phase. which will be followed by PMI paving all widening as well as final lift of asphalt throughout the entire project \`j\1 S 3 'aka / �� 5 ,� j9 / K A . f 1 t r U = F— U til d 3 o ° 11 oO ate. S$ d mW curiae z " Q II V ~ = x w w a g8 0 0 I N r'- a „Z w a O d Co) a' z 2" a W Es z ]C ;i O W iii G p X iS 3 W I.L. 0 J d = o e m $ W .J E CZ x I m 1= H ., C Q p O W a ' 2 a w G/a ' = H. I yC W 'or+� y ^ at I`a 333Eyy 0 0, t o° -,— [1 .,_,6_,61-1 CIL( g a t7 & d e I$ j0 o, 4 - Cil o 3 z s s. Hi s s & § s " .. " o S % o s a a E a c , S . c . r L [:� 3 � LL LL ,�. � LL s � � 3 � � � 3 3 3 3 � 3 3 3 3 � � � � � 9 � 9 � ` s o o a m i Z g c s s a , c . " : : N gg g gg gg g gg gg g a 3 3 3 3 3 i S 5 i S i Y S i 4 4 F 4 44 4 s 3 . 3 3 3 3 1 H I g£ „ i i g. 7 g 3 2 i A g i d r r 1 _ 111 m n 1 a 1 S S I F R S S g ..2, 2 3 g 3 1 8 a N 5 2 s CAO I O o LU s s T • • C a p I. O d CI.. 11 C ,, 3 / t mFw• - 8 ... u v = 1_ w w CL 18 ab I AS _ . th sumo a I 0w oi p m a t/. w a s, 1 = ce . i a rI z __ d < W ass � � 1 > 1c :-.1 d r` i- • N 0 O r 1 x Z E � E- 0. W ,, O 1 + t.C a • d d x_ F 1. + CV £ + c g` JJ Elig g os i O m 1.< _ V, Al la 14 0 $ E a 1 II i iiiii $ si4114 -a411 -iii iiiii 1141 ill I mm - m � � - - - - m � �. N • a s S Z a a .. g ,, a a a S 4 2 a & s a s a s - 5 19 s s 3 4 4 4 s s 13 S I i i $ S 3 � 4 i E & E 's E 3 s i4 4 E4 a a a a a 3 a a a S a a a a g a g a a S S €l ., 3 3 3 S 3 3 3 3 3 3 .3 4 4 4 9 4 4 r 44 ,E ! i 5 i i i 6 g 4 LL LL g W E l a g 3 te a �Z > • 3 s A " A t .c .n a g a A s_ - m F s 4 A ^. * It : 7 i * "4Y1 S a 1 JI eel :1N N 8 G 3 3 3 5 1 6 GI .6 a m .. 2 PROJECT TEAM APPROACH COLLABORATION WITH COLLIER COUNTY PUBLIC SCHOOL (CCPS) DISTRICT QE+GradyMinor have significant experience working with the local CCPS District.Recent projects include: BARRON COLLIER HIGH SCHOOL WM REPLACEMENT PHASE 1&2-GradyMinor performed the design,permitting,and construction administration for the replacement of 3,000 feet of 8"water main piping,the transfer of ownership of 1,400 feet of 8"water main piping, milling&resurfacing,and striping improvements throughout Barron Collier High School. QE perforrnd Phase 1 of this project,which included installation of 1,400 LF of 8"water main piping along Cougar Drive, tie-ins to the existing water main, milling and resurfacing.The water mains replaced affected service to Barron Collier High School,Osceola Elementary School and the County's School District Administration Building.This project involved extensive coordination between the Collier County Utility Division,the Public School District,and the affected schools. BARRON COLLIER HIGH SCHOOL TRAFFIC ANALYSIS - GradyMinor completed an analysis of the traffic conditions throughout the Barron Collier High School campus and provided recommendations to improve the safety and movement for student/faculty parking,student drop-off and pick-up,pedestrian access/crossings,and bus drop-off/pick-up. 8TH STREET IMPROVEMENTS - GradyMinor performed the design, permitting, and construction administration for roadway, utility, stormwater, landscape, irrigation,and improvements along 8th Street from 7th Avenue North to 5th Avenue South and along 3rd Avenue South from 8th Street to US 41.One of the property owners which was affected by this project included Gulfview Middle School as it abuts 8th Street for 800 feet. Extensive coordination was required with the School District for this project to receive input by the School District on the design,schedule,and the changes to the intersection of 8th Street and 3rd Avenue South. PELICAN ELEMENTARY WM REPLACEMENT - GradyMinor performed the design, permitting, and construction administration for the abandonment of the existing 8-inch DIP water main along Airport Pulling Road from Crescent Lake Drive to Vanderbilt Beach Road. In order to abandon the water main the water service main to Pelican Marsh Elementary School needed to be replaced with a new service main connected to an existing 16-inch water main. GradyMinor performed extensive coordination with the School District and Pelican Marsh Elementary School to ensure the new water service was installed and cleared for use without affecting water service to Pelican Marsh Elementary School. COUGAR DRIVE CONNECTION ROAD SPEED AND TRAFFIC CALMING - GradyMinor completed an analysis of the access drive leading from the bus depot north of Barron Collier High School to Osceola Trail, also known as Cougar Drive.This analysis reviewed the existing conditions.traffic patterns,existing speed controls and recommendations of improvements for traffic calming. 1-4 f l RE f _AEya • � a7 G � r1'^""• g',Wi 3ii:..p.:.. t y am* _4 ' . ; ... � ,,�•ty„" yy . '$y` ri � , � .• V p. a iL q5 Px ;... T t! " /4 J• S" `!^ n F F• ^a N`. '*d"g A:a""`t 'AKa* __«.X' «x,•.. 22 `"► ;."° " a ' , k sue., • ''" , „ . - ' 4;',.! .',- "* Y ' r„ , ,, ‘,..,... , ,, ,, , .‘ . , , . ., ,, ,tr, • . 1" 6 „..- ,.. , ,,,,: ,. Ale ...: AP1055F .(.4.i,.A'',,: 1 * ,.. I / * i b qpq 6l Al _.. e"s � • % Technical Information CA() TECHNICAL INFORMATION DESIGN AND CONSTRUCTION STANDARDS The improvements associated with this Design-Build project will adhere to the following standards: • MANUAL OF UNIFORM MINIMUM STANDARDS FOR DESIGN,CONSTRUCTION AND MAINTENANCE(FLORIDA GREENBOOK) • FDOT DESIGN MANUAL REQUIREMENTS AND STANDARDS • SFWMD REQUIREMENTS AND STANDARDS • COLLIER COUNTY UTILITY STANDARDS,DETAILS,AND SPECIFICATIONS •FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)AND THE FLORIDA ADMINISTRATIVE CODE REQUIREMENTS &STANDARDS • 10 STATE STANDARDS DEVIATIONS FROM DESIGN CRITERIA PACKAGE QE+GM+ PMI's proposed design and construction for this project will adhere to the criteria in this document.At this point,it is anticipated that no design exceptions or variations will be needed for the construction of Veterans Memorial Boulevard Extension- Phase 1 Design-Build Project.Design exceptions are required when any of the 13 controlling Design Elements established by AASHTO, cannot be met. Design variations are required when FDOT's criteria,outside of AASHTO's 13 controlling elements,cannot be met. The QE+GM+PMI team has reviewed the information provided in Step 2 of the Design-Build process and has included in our design slight modifications/recommendations for safety improvements versus the permitting plans that were provided by Collier County in Step 2.The design modifications include adjusting the median width of the typical section for Phase 1 of the VMB extension due to a total of three dual left turn lanes within the first phase.Another modification to the horizontal design is the layout of the left turns along the corridor.The proposed left turns will be designed to provide a positive offset for any future opposing left hand turns that may be added. Exhibit 3.1 details the benefit of providing a positive offset for opposing left turn lanes. EXHIBIT 3.1 Negative and Positive Offset between opposing left turn lanes _..W..�_ .../ .. / ______ Illr'747 ,.40, 4 „“IPP.MIS, dIr Negative Offset Positive Offset ) ( r _. Source:Plans Preparation Manual Vol. 1, 2,13.3 , ,,, I — ,' - TECHNICAL INFORMATION PERMITTING As stated in RPS#20-7708,the Veterans Memorial Boulevard Extension-Phase 1 Design-Build Project will be subject to all required regulatory approvals including,but not limited to: •FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) •SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD) • UNITED STATES ARMY CORPS OF ENGINEERS(USACE) •ALL APPLICABLE AND REGULATORY AGENCIES POLICIES AND REQUIREMENTS Collier County has contracted separately with consulting firms to produce a pond siting report and obtain permits from the District and USACE.Although permitting will not be required as part of this contract,QE+GM+PMI's experience and knowledge of permitting agency requirements will be beneficial in coordinating any minor modifications that may present themselves during the life of this project. In preparation for this project,the team felt that it was extremely important to have a firm understanding of all the items associated with the County's current submittal's to the SFWMD and USACE.In preparation for this project,our proposed Design Project Manager Daniel Flynn,P.E.spoke to both the SFWMD Environmental Reviewer and the USACE reviewer to gain a firm understanding of the status of the permit applications.Below are specific items of importance that were identified in the documents provided by the County during Step 2 of this solicitation process. SFWMD SUBMITTAL •ENGINEERING-Veterans Memorial Boulevard Extension is separated into two separate phases for both design and permitting through the District. The first phase includes approximately 6,600 linear feet of a four-lane divided roadway,2,200 linear feet of which currently exist as a two-lane road,which extends west from Livingston Road to allow for an entrance to the proposed high school on the south side of the right of way. The first phase of the Veterans Memorial Boulevard Extension includes one(1)major basin divided into three(3)sub-basins. Each sub-basin will include either an on-site wet detention or dry detention pond to allow for water quality and attenuation. The project will ultimately discharge through a control structure located on the southeast portion of the wet detention pond to a swale along the south side of the corridor which ultimately outfalls to a ditch on the east side of Imperial Golf Estates residential community. The ditch on the east side of Imperial Golf Estates residential community ultimately discharges to the Cocahatchee River via a canal on the south side of Imperial Golf Estates. • ENVIRONMENTAL-The first phase of the Veterans Memorial Boulevard Extension project extends west through undeveloped natural habitat of both upland and isolated wetlands. At the pre-application meeting with SFWMD, Collier County was asked by the SFWMD to propose 100%impacts to all the wetlands which accounts for 1.07 wetland impacts.The proposed mitigation will provide compensation for impacts to the waters of the state through purchase of mitigation bank credits at Panther Island Mitigation Bank. The County's consultant provided a listed species survey to determine if any threatened/endangered plants or wildlife could be utilizing the site.The charts on the following page list what was Observed and what was Not Observed but Have a Strong Presence Potential. a -a • • • „fAEat o �a 3 PERMITTING CONT. TECHNICAL INFORMATION OBSERVED The closest nests lie approximately 1.65 miles southwest of the site,0.9 miles south,0.35 miles south(the BALD EAGLE new high school site),and 2 newer nests located 2.2 miles due west. Bald eagles were noted flying over the project area,but not foraging. Observed foraging along the drainage swale to the south of the right of way. No signs of nests or signs SNOWY EGRET of nesting were observed onsite. Observed foraging within the open trails and grassed areas on the north and south sides of the ROW. WHITE IBIS The White Ibis were also observed perching in Cypress trees immediately to the west of Phase 1. No nests or signs of nesting were observed onsite. Observed foraging along the drainage swale to the south of the right of way.No signs of nests or signs LITTLE BLUE HERON of nesting were observed onsite. One Wood Stork was observed within the drainage trail to the south of the right of way. No signs of nests WOOD STORK or signs of nesting were observed onsite. Burrows were observed in the scrubby habitat in the western portion of Phase 1. Two active burrows GOPHER TORTOISE were located and flagged within the right of way boundary.Please refer to Exhibit 3.2 concerning the location of the burrows. NOT OBSERVED BUT STRONG PRESENCE EXHIBIT 3 BLACK CYPRESS FOX TURTLE ..1" h, FLORIDA BLACK BEAR .... ntt � ` � FLORIDA BONNETED BAT AREA'A' SCALE ‘ � EASTERN INDIGO SNAKES ; • r t i 01 .ty 7 1* i SOUTHEASTERN AMERICAN KESTERAL + 3 " .1 y USACE SUBMITTAL 1 AREA l' 54�—) �TE-mvltFWn11GW �••.-z During the initial Due Diligence stage of the i ,L.," environmental portion of the project it was I II determined that a two-phase approach to the environmental permitting associated with the Turrell,Hall&Associates,Inc. VETERANS MEMORIAL BLVD EXT.�.., \ter rc k F,m,mmt ul Cauul'iny USACE submittal would be the best path forward. L �,�.. ,�am ,. !.,,w,µ""",..,la a TORTOISE BURROW MAP o ., roy _" oE,„ The County's environmental consultant conducted EXHIBIT 3.3 a pre-application meeting with the USAGE in t July of 2019 to discuss the project with staff. The " ^ . L's'a " , , County's consultant performed onsite inspectionsr� and determined that permitting through the .1 r .. ': «''' k= x' USACE would not be required for the first phase of EAST FLUCFCS the project due to the isolated nature of the three .541k ' ry g s - aoFEy � a I small wetlands and how they are not connected to ` Pf y ° any waters of the U.S.The three wetland areas are • A' riTA, located at the far west section of the first phase of , ;' 4� '1 *`"1` # f 4' N_�" �.,.��==r.�.9 �.-^r.y, _ .,.. �.� the Veterans Memorial Boulevard Extension Design- WEST FLUCFCS o e,Ure. pysoMna Build project as shown in Exhibit 3.3.A request for r= ,-y'^3 M'sco x+m�'na wxtf�iwacos� 1= a Jurisdictional Determination was submitted to the = "`Y', -- local USACE office on October 15, 2019 in an effort j� n � � � to confirm if the first phase qualifies for"no permit required"through the USACE. Turret'.Hall&Associates,Ina VETERANS MEMORIAL BLVD EXT.R:6e A__.,E s. call is ._ w " IMPACTS MAP 25 CAO TECHNICAL INFORMATION CONSTRUCTION PLANS QE + GM + PMI's preliminary Roadway, Signalization & Lighting Plans for the Veterans Memorial Boulevard Extension - Phase 1 Design-Build Project can be found at the end of this section,Section 3: Technical Information.These plans include the team's proposed roadway alignment(plan and profile), drainage layout,preliminary lighting layout,and preliminary signal layout. The plans have been used to generate QE+GM+PMI's proposed Project Schedule and Guaranteed Maximum Price(GMP). n Y' %� ,. ., Wk / / / ...0'' \ Illi �� E �,+r,;M',.. A "1k•, _` 4 "tea , 'f, 1V,.., 0 n. .44' IP 1}.... 4 by _ 4 1t- „oil% - ,,," Y Yt a,F+ . ' ' ..,*..4it:4: , ' ',* e.' ' st\--•t'„, -.. 1,0;,..,. # F- ,� W J. (HiSY („. r „ �y ' '11':' ;4'1'4:!!'..41iii;;., ',44'l': Y , x6, TECHNICAL INFORMATION QE• GM + PMII VETERANS MEMORIAL BOULEVARD EXTENSION - PHASE'I DESIGN-BUILD PRO3ECT UNANIMOUS WRITTEN CONSENT IN LIEU OF THE 2020 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF QUALITY ENTERPRISES USA, INC. The undersigned, being all the directors of Quality Enterprises USA, Inc. (the "Corporation"), pursuant to Virginia Code Section 13.1-685, hereby approve and consent to the following actions in lieu of the Annual Meeting of the Board of Directors; WAIVER OF NOTICE: Execution of this Written Consent will constitute full waiver of notice of the Annual Meeting of the Board of Directors of the Corporation for the year 2020. ELECTION OF OFFICERS: The following persons are elected to the offices following their names to serve until the expiration of their terms at the next annual meeting of the Board of Directors, or until their successors shall be duly elected and qualified; Howard J. Murrell, Jr. President Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, Ill Corporate Officer Stacey L. Murrell Secretary WHEREAS, the Directors believe it is in the best interest of the Company to grant, without limitation, signing authority and the authority to conduct business on behalf of the Company to each of the following Officers: Howard J. Murrell, Jr„ President WHEREAS, the Directors believe it is in the best interest of the Company to grant authority to enter into and sign contracts on behalf of the Company to each of the following Officers: Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, Ill Corporate Officer Stacey L. Murrell Secretary RATIFICATION: All acts taken on behalf of the Corporation by the Corporation's officers since the last meeting of the Board of Directors are hereby ratified and approved. MINUTES: This Unanimous Consent shall be filed with and become a part of the Minutes of the Corporation. Effective date: January 1. 2020 CIE Date signed l6dJi/ urrell, Jr. QUALITY COVier COM'MYEmail Patrick,Bovievcolliescountv1UoL Administrative Sermon rimsion Telephone: (239) 252-894 i Pfocurorem Seri Addendum Date: 03/17/2020 From: Patrick Boyle.Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum I The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Added Files:ACOE.PDF, POND SITTING.PDF and ERP SUBMITTAL.PDF Change 2, All CADD tiles are made available to the design build teams from March 18112020 at 8:00am - March 25"2020 at 5:00PM One(I)flash drive is made to each design team. Pickup location: Procurement Services Division East 3295 Tamiami Trail Naples Fl 32112 Change 3: Extended Bid Open Date to April 28'1', 2020 at 3:00PM Extended Q& A session to April 23',2020 at 5:00PM If you require additional information, please post a question on our Bid Syne(w w.bidsvoc.com)bidding platform under the solicitation for this project. CC: Bee Thao, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 3/17/20 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) CAU CoLtier County Email: Patrick.flov ti.t4ov Administrative Services Division Telephone: (239)252- 8941 Flow emelt Se Races Addendum 2 Date: 03/18/2020 From: Patrick Boyle, Procurement Strategist-Acquisitions To: Interested Bidders Subject: Addendum 2 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change I. Added additional vendor account to the solicitation. If you require additional information, please post a question on our Bid Sync(ww w.bidsvne.com)bidding platform under the solicitation for this project. CC: Bee Thao, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 3/18/20 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Finn) Collier County Email: Patrick.l3ovie+o colliercounty il.,gtn Administrative Services Divisicm Telephone:(239)252-8941 Procuromettt Se vo s Addendum 3 Date: 3/30/2024) From: Patrick Boyle.Procurement Strategist-Acquisitions To: interested Bidders Subject: Addendum 3 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Question#15. (ih a r-ti,1Ec' t oujoh t of poim ok\zttded k d;:lo;io tt/k.%hic... kc 1, It'o it!t k: ;Ire ialttl tit !{t4 ii. t lot‘vNt(1111' Virt.'h III[kit multiplied t,�. ,1;1., ;ill,}ldt41. 1'.j is;tth•,k',iucnt Ix1430 1 or_€1! i, purpy,,,�,-,_ tiIT17 [.7(.I. ... 1 irni Change 1. Added sample Design Build Contract. Change 2. Added supplemental documents to address questions#8 and #10 If you require additional information. please post a question on our Bid Sync tv ww.bidsvvitc.cot )bidding platform under the solicitation for this project. CC: Bee Thao, Project Manager CM) Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 3/30/20 (signature) Louis T.Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) Cer County Email: Patrick.ligylekocolliercmimytteov Administrative Services Division Telephone: (239)252-8941 Procurement Services Addendum 4 Date: 04/21/2020 From: Patrick Boyle, Procurement Strategist-Acquisitions To: Interested Bidders Subject: Addendum 4 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change I. Extended Bid to Tuesday May 12th, 2020 at 3:00PM If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. CC: Bee Thao,Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 4/21/20 4,, (Signattife) . Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) COMer Cattrity Email: Patrick.Boyleftii.colliercounty11.gov Administrative Serves Divi&on Telephone: (239)252-8941 Proctirerneeir Services Addendum 5 Date: 04/23/2020 From: Patrick Boyle,Procurement Strategist-Acquisitions To: Interested Bidders Subject: Addendum 5 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Question 2: See NPR letter and VMB AJD GRAPHICS...MD FORM attachments. Question 10: See Collier County Roadway Design Standards and Fiber Conduit attachments, Question 17: Link provided below: h t ips://w w w colli ercountyll,go vly ou r-go vernm en tid i vi s o ns-s--zitra ffic-opcm mn /tI afhc-techni cal special-provisions Question 23 Link provided below: https://www.colliercountyfl.t=ovi,your-government/divisions-s-z/traffic-operationsttraffic-technical- special-provisions Question 30 Link provided below: litips:(/www.colliereountyfl.gov/vottr-governmelit/divisions,s-z/traffic-operationsitraflic-technical- Vq0kINQYisi9 Question 31 Link provided below: laps:ilwww.colliercountyfl.govlyour-govenunent/divisions-s-zitraffk:-operationsitraffic-technical special-provisions Question 33: See SFWMD 3-18-20 meeting notes attachment. If you require additional information,please post a question on our Bid Sync(www,bidsvnc.com)bidding platform under the solicitation for this project. CA() CC: Bee Thao,Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 4/23/20 (Signature) rotas J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) CAO Colter County Email: Patrick.BoylciikolliercountyfLgov Administrative Services Division Telephone: (239)252- 8941 Proculerrutnt Services Addendum 6 Date; 05/5/2020 From: Patrick Boyle, Procurement Strategist- Acquisitions To: Interested Bidders Subject: Addendum 6 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change Extended Bid to Wednesday May 20th. 2020 at 3:00PM Extended Q& A to Wednesday May 1.3th,2020 at 5:00PM Change 2. Added supporting documents for questions 18, 39,40,41,42, and 43 Design criteria Package VMB Utilities final signed.pdf 050902-23.pdf Conceptual Veterans Memorial Blvd.pdf PO_WO_Prop_RWA.pdf Veterans Preliminmy Spread Calcs.pdf Bond Proposal.pdf Change 3. Question 50- Updated Section 1.0 on Design Build Step 2 PDF to reflect the maximum allowable pages from 8 - 12 pages. If you require additional information,please post a question on our Bid Sync(www.bidsyne,coin)bidding platform under the solicitation for this project. CC: Bee Thao,Project Manager CAO Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 51 5/2 0 (Signature) null J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) CAO Coter County Email: evelvn.colonnteoll iercountyd gov Administrative Services Division Telephone: (239)252 -2667 Procurement Services Addendum 7 Date: 05/I 2/2020 From: Evelyn Colon, Procurement Manager- Acquisitions To: Interested Bidders Subject: Addendum 7 The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change l. Bid Opening time was changed as follows:Wednesday May 20th, 2020 at.3÷001:44 4:00PM If you require additional information,please post a question on our Bid Sync lwAy.)..y.,,hichiyile,coin)bidding platform under the solicitation for this project. CC: Bee Thao,Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/12/20 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) CAO PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA,Inc (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the City of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commisglonets Collier County Florida (hereinafter called the Owner), in the full and just sum Of -Five-Percent.of.Amount.Bid— Dollars ($ )good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Design Build Design Build of Veteran Memorial Boulevard Extension - Phase I. NOW, THEREFORE, if the Owner shall accept the RPS of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such RPS, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $5%-of-Bid— noted above as liquidated damages, and not as a penalty, as provided in the RPS Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 20th day of May , 20/20 Quality Enterprises USA,Inc. Principal ,„--- BY _ _ (Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Company of Maryland Surety ) .11 'Ot( of (Seal) Terri K.Strawhand,I Attrwey-iai Countersigned I Non. 441 '— Daniel J.Gryg V Local Resident Producing Agent for Fidelity and Deposit Company of Maryland C Bond Number Bid Bond Obtigee 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 Terri K.Strii w hand , 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 O',vings 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 ANIERICAN CASUALTY AND SURETY CONIPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day ofJune,A.D.2019. ATTEST: ZURICH ANLEFtICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPA.N1 FIDELITY AND DEPOSIT COMPANY OF MAR VIAND if SEAL.Iiii By: Robert D.Murray Vice President CO os) By: Dawn E.Brown '1•93\ Secretary State of Maryland County of Baltimore On this 19th day of June, 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 lie/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instalment are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written, Ck•ilDIAA,v-,%/ Constance A. Mutt,Notary Public 4 !S/4 C011111115t,ion Expires:July 9,:OD ID) 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 f, 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 hereafier,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 20th day of May ,2020 . : ..0,---‘•,. 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I.I I II o Q ,� . - , ', d� a .. x i 4 spa-z-.. 1 l i i,b ,n¢I I Lf_:� ,v ;a. ,�„ �i szz C-' N N W W W-�h N-� m U W Q Q^M O WwQm W�,o m D�W1w- W F- vIR' Q j j x iW�a TO! 4�NOC .. 00 CAC) OE QUALITY ENTERPRISES Li S A , INC -_' EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Firm Role/Title Pre- Construction Construction Louis J. Gaudio QE Vice President 40% 30% Harian Sawyer QE Estimator 100% 40% Fred L. Wiedner QE Construction Project Manager 30% 100% Paul J. Moriarty QE Superintendent 30% 100% Margarita Negron QE Manager of Health and Safety Isa Carreras QE Project Administrator/EEO 20% 80% Compliance Officer Daniel Flynn GM Design Project Manager 80% 50% Justin Frederiksen GM Deputy Project Manager 60% 30% Sally Goldman GM Design Project Engineer 80% 50% Alex Dunko GM Design Project Engineer 30% 60% Donald Saintenoy GM Survey Project Manager 20% 60% Frank Feeney GM Quality Assurance/Quality 30% 50% Control Rick Featherstone GM Construction Inspector 15% 80% Richard Chalupa GM Landscape Architect 60% 40% Jason Bates PMI Project Manager 25% 50% Jerry Fletcher PMI Area Manager 10% 70% Chuck Molloy PMI Operations Manager 25% 70% Page 26 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO Hampton Roads Bonding 11111— 1080 Laskin Road,Suite 204 Virginia Beach,VA 23451 +1 757 491 1100 HAMPTON ROADS BONDING Fax+1 757 491 3134 A Marsh&McLennan Agency LLC Company www.hrbonding.com September 29, 2020 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Re: Quality Enterprises USA, Inc.—Bond No. 9356241 Design Build of Veteran Memorial Boulevard Extension—Phase 1 Contract No. 20-7708 To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds and the power-of- attorney once it has been established by the county. Sincerely ji.ALW 4V) diCW-116I'CI Terri K. Strawhand MMARSH&McLENNAN AGENCY EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 9356241 Contract No,20-7708 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,Schaumburg,IL 60196 (Business Address)are held and firmly bound to Board of County Commissioners,Collier County,FLas Obligee in the sum of Ten Million Sixty Five Thousand and 00/100 ($ 10,065,000.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ; ". day of 20 , with Obligee for Design Build of Veteran Memorial Boulevard in Collier County accordance with drawings an speci 'cations, w is 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 29th day of September 20 20 , 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 27 of 65 RPStt 20.7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" Signed,sealed and delivered in the presence of: PRINCIPAL if)/ (t( � Quality Enterprises USA,Inc. Margarita Neiman Otyk/\ -erk / BY: Witnesses as to Principal Anna Rice NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of X physical presence or— online notarization, this 29th day of September 20 20, by Louis J. Gaudio , as Vice President of Quality Enterprises USA Inc., a Virginia corporation, 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 (Signature of Notary) F -- MARCIE L.COHEN MY a',MISSION 152t].; NAME: Marcie L. Cohen EXaFiF.FS:1 Fegtart uar�t t ?z= (Legibly Printed) Borde nru�ly Public Unde;miters (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: GG 152066 A FEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Page 28 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" • Fidelity and Deposit Company of Maryland OR As Attorney in Fad (Attach Power of Attorney) Tammy A.Ward Witnesses Daniel J. rygo (Printed Name) 1299 Zurich Way Schaumburg,IL 60196 (Business Address) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of x__ physical presence or online notarization, this 29th day of September , 20 20 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. 11 My Commission Expires: September 30,2022 ( ' CG-G Cl (Signature) Name: Terri K. Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 TERRI K STRAW-AND Notary lic Commonwealth of Virginia Reg #247448 My Commission Expires 910/2022 Page 29 of 65 RPSti 20 7708"Design Build of Veteran Memorial Boulevard Extension Phase I" EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. 9356241 Contract No.20-7708 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,Schaumburg,IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners,Collier County,FL , as Obligee in the sum of Ten Million Sixty Five Thousand and 00/100-- ($10,065,000.00 J 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 day of , 20 , with Obligee for Design Build of Veteran Memorial Boulevard Extension Phase 1-Contract No.20-7708 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes,extensions of time,alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,extensions of 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 29th day of September , 20 20 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Page 30 of 65 RPSN 20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" Signed,sealed and delivered in the presence of: PRINCIPAL Quality Enterprises USA,Inc. Margarita NeOro __ BY: , 1 nesses as to Principal Anna Rice NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of x physical presence or online notarization,this 29th day of September , 2020 ,by Louis J. Gaudio ,as Vice President of Quality Enterprises USA, Inc. a Virginia__ corporation, 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 - e '- m. . _____-_.,;wx-:_�.. ��,-a :>.��• (Signature) rr sa MARCIE L.COHEN COh'M SSION#GG 1520S$ -� Name: Marcie L. Cohen a ley •da i � Feb uary t t 2022 (Legibly Printed) '••,�F r�;' BPnd 7hro N4lary Public Undurriters. (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG 152066 Page 31 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland i As Attorney in Fact (Attach Power of Attorney) ( Tammy A.Ward Witnesses Dani J.Grygo (Printed Name) 1299 Zurich Way Schaumburg,IL 60196 (Business Address) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of x physical presence or_ online notarization,this 29th day of September , 20 20 , by Tammy A.Ward ,as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety,on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: September 30,2022 -P' ' (Signature) Name: Terri K.Strawhand (Legibly Printed) Notary Public, State of: Virginia Notary Public Commission No.: 247448 Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2022 Page 32 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" Bond Number 935624I Board of Coma} Obligee Cmmmssion as C olhoa Com!,Florida 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 Terri K.Strawhand , its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL \ By: Robert D.Murray Vice President rio 7ii/ 4Wr ii 3 By: Dawn E.Brown . �� to j • Secretary "6�?`—• �;.•' State of Maryland County of Baltimore On this 19th day of June, 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. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. �„• �1bti ;.,,ti; Constance A.Dunn,Notary Public MyCommission Expires: 9,2023 '�iBrnlii%`p P July 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 29th day of September ,2020 . . 0 9`r`t t'Otir6`ml �r _._ toz SEAL 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(a�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. . Quality Enterprises USA,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 by means of physical presence or online notarization, 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 33 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase 1" 9 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 34 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase P" 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 RETANAGE RETAJNAGE RETAINAGE PREVIOUS APPUCATIONS 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 is 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 35 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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 36 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" ti EXHIBIT E-1 CHANGE ORDER Change Order Form Contract#: Change*: Purchase Order : Project#: Co ntracto riFirm Name: Project Name: Project Manager Name Department: ia ins!Contract:Wail.Order Amount Or ig i nal BCC Approval Date;Agenda Item# Current BCC Approd Amount Lest BCC Approval Date;Agenda Item# Current Cont ot/W ark Order Amount SAP Contact Expir stion Date t klaster) Dollar Amount of this Change #D IWO! Total Change from a ia ins I Amount Revised C ontra ct-VI oix Or der Total S 0.00 #01V/0± Change f norri C urrent BCC Approved Amount Cumulative Changes 2 0.0 D AC IWO! Change from Curt ent Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceei Original Last Approved Revised Date Date Completion DateE Date A.m Ins nangel #of Days Added Select Tasks El Add new taskfs) 0 Delete tasit(s) 0 Change taskisli 0 Other(see ted,v) Provide a response to the following;1. detailed and specific exp lanation)ratio rule of the requested change(s)to the task(s)and)or the additional days added(if requested):2.)why this change was not included in the original contract;and,3.)describe the impact if this change is not processed. Attach additional information from the Des on Professore!an:1;m Contractor if needed, Prepared by: Dale: (Pro)ect Manager Name and Department) Acceptance of this C flange Order shall consiit use a modricabon to coot raot work orde entffedatovearthsit te subject to ail the same terms and oordeorts as contained Mike contract iworkordar indicated above,as fully as if the same were staled in this aciplanice. The adjustment.if any.to the Contract shall corset kite a full and final settlement of any and all claims of the Contractor Vendor.'Consultant' D es gn Proles s tonal aria ing out of or related to the change set forth herein.including claims for impact and delay costs. Accepted by: Date: (Contractor:Vendor f Consultant Deli Profess onal and Name of F 1TM.if project appicable) Approved by: Dare: (Des g rt Professional and Name of Finn,if project applcable) Approved by: Date: (Procurement Professional Page 37 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative Page 38 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CM) 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 CON TRACTOR 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 39 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase 1" 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 CON TRACTOR'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 40 of 65 "NESA Interim Treatment Plant and Pipelines" RPS#18-7474 0 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 41 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CM) EXHIBIT H GENERAL TERMS AND CONDITIONS EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 Contractor and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Contractor and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 1.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s)for the Contract Price.The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 1 of this Agreement hereof. 1.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 1.4 If Owner's Project Criteria contain design specifications: (a) Contractor shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below,Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions,and particularly,but without limitation, with respect to the following: those affecting transportation,access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways,railways,drainage facilities and utility services above,upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Page 42 of 65 RPS#20-7708"Design Build of veteran Memorial Boulevard Extension-Phase I" Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary,if conditions are encountered at the Project site which are(i)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents. Contractor will not be entitled to any adjustment to the Lump Sum Price or the Contract Time as a result of any site conditions encountered.It is the specific intention of the Parties that Contractor will propose and perform as part of its Design Services any necessary investigation and testing that Contractor deems necessary to assume such risk. 3. SCHEDULE. 3.1 The Contractor,within ten(10)calendar days after receipt of the executed Agreement, shall prepare and submit to Project Manager,for their review and approval,a Schedule of Values for the Project(herein"Schedule of Values"). The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified,work will generally be limited to the hours of 7 a.m.to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment,Contractor shall submit to Project Manager, for their review and approval,a Risk Safety Management Plan,Quality Assurance/Quality Control Plan,a Critical Path Method Schedule showing critical path,interdependencies and slack or float,a Hurricane Plan and a schedule of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty(30)days after the Commencement Date. Page 43 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 4.3 Unless expressly approved by Owner in advance and in writing,said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location,and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges,security interests and encumbrances,together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment,the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner. After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore;or(3)return the Application for Payment to the Contractor indicating,in writing,the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten(10)business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment,pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent(10%)of the gross amount of each monthly payment request or ten percent (10%)of the portion thereof approved by the Project Manager for payment,whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078.The Project Manager shall have the discretion to establish,in writing,a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment,subsequent to the first pay application,shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor,sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Schedule of Values. Accordingly,prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Page 44 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAC) 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. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents.The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor,to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a)Defective Work not remedied;(b)third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed,Owner may, after three(3)days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or 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 Page 45 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CM) of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site(or designated portion thereof)after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance,Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that,on the basis of observations and inspections,and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents,to the extent and in such form as may be designated by Owner. 6.3 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,OWNER shall release to CONTRACTOR any retained amounts relating,as applicable,to the entire Work or completed portion 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 Page 46 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" C O to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings,data,test results,schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier,the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 8.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof,certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design,be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and 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. Page 47 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 8.6 Notwithstanding anything in the Contract Documents to the contrary,Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty(30)days after CONTRACTOR's submission of its report. 9.2 NON-HAZARDOUS SAMPLES. At OWNER's written request,CONTRACTOR will retain preservable test specimens or the residue there from for thirty(30)days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage,transport,and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 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 Page 48 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" Cal.() 10.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 10.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including,but not limited to,all drawings, specifications,addenda,amendments,Change Orders,Work Directive Changes and Field Orders,as well as all written interpretations and clarifications, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions,changes resulting from Chang e Orders,Work Directive Changes and Field Orders, and all concealed and buried installations of piping,conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes,corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The"As-Built" record documents,together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the 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 Page 49 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" the Work in the affected area. Notwithstanding the foregoing sentences in this, if the hazardous material encountered was generated or caused by Contractor or any of its employees, agents, subconsultants, subcontractors,or material suppliers, no adjustment to the Contract Time or Lump Sum Price shall be made and Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. Contractor will coordinate and cooperate with any person or entity who is hired to perform any hazardous material mitigation services. 11.5 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 12. CHANGES IN THE WORK. 12.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property,or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner,and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i)a waiver of any claim by Contractor for such items and(ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 Page 50 of 65 RPS8 20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" required by the Contract Documents. Contractor may make minor changes in the Work consistent with the intent of the Contract Documents,provided,however,that Design-Builder shall promptly inform Owner,in advance and in writing,of any such changes and record such changes on the documents maintained by Design-Builder. 12.7 No action, conduct, omission or course of conduct by Owner shall act to waive, alter, or change the requirement that Amendments, Change Orders, and Work Directive Changes must be in writing and signed by Owner. Such written and signed Amendments, Change Orders and Work Directive Changes are the sole and exclusive way to change either the amount of compensation to be paid to Contractor or the time within which Contractor is to perform its obligations hereunder. No changes will be allowed based upon actual, constructive, or oral notice or lack of prejudice to Owner. Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 13. OTHER WORK. 13.1 Owner may perform other work related to the Project at the site by Owner's own forces,have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents,written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner within forty-eight(48)hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 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 Page 51 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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 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. Page 52 of 65 RPS##20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" C/0 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks,pipes,utilities,footings,structures,trees and shrubbery,not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. PERMITS,LICENSES AND TAXES. 16.1 Pursuant to Section 218.80,F.S.,Owner will pay for all Collier County permits and fees,including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 16.3 Contractor shall pay all sales,consumer,use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. 17. WARRANTY. 17.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials,equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract 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. Page 53 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 111> 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections,tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 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 Page 54 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer,Contractor,or any other person. 19.4 Should the Owner determine,at its sole opinion,it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct,indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 19.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner,or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action,Owner may exclude Contractor from any or all of the Project site,take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner and their respective representatives,agents,and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an 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 Page 55 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" M) Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Article 7 of the Agreement,for services not rendered. 21. PROTECTION OF WORK. 21.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final completion is achieved. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors,Contractor shall be charged with the same,and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 21.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 21.3 Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's benchmarks,Contractor shall immediately notify Project Manager. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. EMERGENCIES. 22.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have 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: Page 56 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO 24.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 24.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees,shrubs,walks,pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 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; Page 57 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time,by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury,economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends,family members or other visitors of the Employees are not permitted on Owner's property;and 24.5.9 At all times,Contractor shall adhere to Owner's safety and security regulations,and shall comply with all security requirements at Owner's facilities,as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee,agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work,the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference)as may be directed by the Project Manager. 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of this Agreement. 27. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way,the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required,MOT is to be provided within ten(10)days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales,consumer,use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Page 58 of 65 RPStt 20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase 1" CAO Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work,as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary,because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,plus the saved sales taxes.A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling,installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary,Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212,Florida Statutes, and for its responsibilities for Federal excise taxes. 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 Page 59 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAo commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work,as well as maintain a log of all such licenses.All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1)require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order,(4)provide that Owner,Collier County Government,will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract,copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 29.5 Each Subcontractor performing work at the Project Site must agree to provide field(on-site)supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all 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. Page 60 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CM) 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site,originals or copies of, on a current basis,all Project files and records, including,but not limited to,the following administrative records: 30.1.1 Subcontracts and Purchase Orders 30.1.2 Subcontractor Licenses 30.1.3 Shop Drawing Submittal/Approval Logs 30.1.4 Equipment Purchase/Delivery Logs 30.1.5 Contract Drawings and Specifications with Addenda 30.1.6 Warranties and Guarantees 30.1.7 Cost Accounting Records 30.1.8 Labor Costs 30.1.9 Material Costs 30.1.10 Equipment Costs 30.1.11 Cost Proposal Request 30.1.12 Payment Request Records 30.1.13 Meeting Minutes 30.1.14 Cost-Estimates 30.1.15 Bulletin Quotations 30.1.16 Lab Test Reports 30.1.17 Insurance Certificates and Bonds 30.1.18 Contract Changes 30.1.19 Permits 30.1.20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks 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. Page 61 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO 31. SECURITY. The Contractor is required to comply with County Ordinance 2004-52,as amended.Background checks are valid for five(5)years and the Contractor shall be responsible for all associated costs. If required,Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to,checking federal,state and local law enforcement records,including a state and FBI fingerprint check, credit reports, education,residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties.Contractor ID badges are valid for one(1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- 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; Page 62 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CAO and STI, UL, PEI,ASME,NACE,NLPA,NIST&API referenced standards pertaining to the storage of hazardous materials and petroleum products. 32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD)prior to the installation,removal,or maintenance of any storage tank,including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. 32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 32.2 Differing Site Conditions. 32.2.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(ii)unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three(3)calendar days after first observance of such conditions. OWNER shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance,or both,for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services,and that no change in the terms of the Agreement is justified,OWNER shall so notify CONTRACTOR in writing,stating its reasons. Claims by CONTRACTOR in opposition 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. Page 63 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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 64 of 65 RPS#20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" 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 20-7708"Design Build of Veteran Memorial Boulevard Extension-Phase P", are accurate, complete and current as of the time of contracting. Quality Enterprises USA,Inc. BY: T6UT�J.Gaudio � TITLE: Vice President DATE: /t7//Wac, { Page G5 of 65 RPS#20.7708"Design Build of Veteran Memorial Boulevard Extension-Phase I" CM) op A CERTIFICATE OF LIABILITY INSURANCE DATE MM/DDDYYYYY) 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 PNAME:HONE Marsh&McLennan Agency LLC FAX 222 Central Park Avenue, Suite 1340 WC No Fmk 757-456-0577 (A/c,No)E-M : Virginia Beach VA 23462 ADDRESS: certificates@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:XL Specialty Insurance Company 37885 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:Evanston Insurance Company 35378 INSURER F: COVERAGES CERTIFICATE NUMBER:780864789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IUD wio POLICY NUMBER IMM/DD/YYYY) (MMIDD/YYYY) LIMITS C COMMERCIAL GENERAL LIABILITY Y C07N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S 300,000 MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE-_ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 8107N67219020 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X Comp various X Coll various PIP S 10,000 aggregate D X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2020 7/1/2021 EACH OCCURRENCE 515,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 15,000,000 DED I X I RETENTIONS in nag S A WORKERS COMPENSATION WC01793105 7/1/2020 7/1/2021 X STATUTE OTH- ER InclUSL&H AND EMPLOYERS'LIABILITY YIN -- ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1.000,000 OFFICERIMEMBEREXCLUDED7 — (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under - --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 B Protection&Indemnity UM00077083MA20A 7/1/2020 7/1/2021 51,000,000 each claim $1,000,000 Aggre B PSI Excess UM00077085MA20A 7/1/2020 7/1/2021 $1,000,000 Excess E Pollution/Prot.Liability MMAENV001943 7/1/2020 7/1/2022 S2MM each claim $4MM aggre. 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 Lender 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 Naples FL 34112 AUTHORIZED R 11) EPRESENTATIVE „VI—, al. 6 ru ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD