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Backup Documents 02/23/2021 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 1 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management ;tI23A, 2. County Attorney Office County Attorney Office t?`" [ lZ/ 4. BCC Office Board of County - Commissioners • 4. Minutes and Records Clerk of Court's Office r IO2:023 5. Procurement Services Procurement Services �rl PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/Department Agenda Date Item was February 23rd,2021 Agenda Item Number 11.F Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7722 THE HASKELL number if document is THE HASKELL COMPANY to be recorded COMPANY INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. lie aware of your deadlines! 8. The document was approved by the BCC on 02/23/2021 and all changes made during is not the meeting have been incorporated in the attached document. The County •..�- � option for Attorney's Office has reviewed the changes,if applicable. ''is line. 9. Initials of attorney verifying that the attached document is the version approved by the s is not BCC,all changes directed by the BCC have been made,and the document is ready for the Ph an option for Chairman's signature. ; ', i ( line. Risk Management 1 1 F MEMORANDUM Date: February 26, 2021 To: Jessica Suarez, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Agreement #20-7722 "Design-Build of NCWRF Headworks" Contractor: The Haskell Co. Attached for your records is a scanned copy of the referenced document above, (Item #11F) adopted by the Board of County Commissioners on Tuesday, February 23, 2021. The Board's Minutes & Records Department has kept the original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 1 F DESIGN-BUILD AGREEMENT between Board of County Commissioners for Collier County Florida and The Haskell Company dated itruar5 a3k 201 "DESIGN-BUILD OF NCWRF Headworks" #20-7722 RPS#20-7722"DESIGN-13U1L.D OF NCWRF Headworks" 1 1 F TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS 1 ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2 ARTICLE 3 OWNER'S RESPONSIBILITIES 4 ARTICLE 4 CONTRACT AMOUNT 5 ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5 ARTICLE 6 INSURANCE REQUIREMENTS 6 ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 8 ARTICLE 8 INDEMNIFICATION 10 ARTICLE 9 CONSEQUENTIAL DAMAGES 10 ARTICLE 10 LAWS AND REGULATIONS 10 ARTICLE 11 INDEPENDENT CONTRACTOR 12 ARTICLE 12 DISPUTE RESOLUTION 12 ARTICLE 13 ASSIGNMENT 12 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 13 ARTICLE 15 FORCE MAJEURE 13 ARTICLE 16 CHANGE IN LAW 14 ARTICLE 17 TERMINATION FOR DEFAULT 14 ARTICLE 18 TERMINATION FOR CONVENIENCE 16 ARTICLE 19 DOCUMENTS 16 ARTICLE 20 CONFIDENTIALITY 17 ARTICLE 21 SEVERABILITY 18 ARTICLE 22 PUBLIC ENTITY CRIMES 18 ARTICLE 23 EXHIBITS INCORPORATED 18 ARTICLE 24 NOTICES 19 ARTICLE 25 CAPTIONS AND HEADINGS 19 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 19 ARTICLE 27 ENTIRE AGREEMENT 20 ARTICLE 28 SUBJECT TO APPROPRIATION 20 ARTICLE 29 ORDER OF PRECEDENCE 20 RPS#20-7722"D1_S[GN-l3UlLD OF NCWRF Readworks" 1 1 F DESIGN-BUILD AGREEMENT This Agreement is made this o' 3�day of fejskkac , 2021 between THE HASKELL COMPANY, authorized to do business in the State of Florida(herifnafter called "Contractor")whose business address 111 Riverside Avenue, Jacksonville, Florida 32202 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) #20-7722, "DESIGN-BUILD OF NCWRF Headworks,"on that property located on 10500 Goodlette Frank Road,Naples,Florida 34109, 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 #20-7722, "DESIGN-BUILD OF NCWRF Headworks" 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 surveying, 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 Design Criteria Package, and Contractor's Proposal. Page 1 of 63 RPS#20-7722 11F 1.1.3 Construction Documents prepared by the CONTRACTOR and approved by the OWNER in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro-geological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying,hydro-geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 2.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality.CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project ("List of Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 2.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 2.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 2 of 63 RPS#20-7722 I 1 F 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 3 of 63 RPS#20-7722 1 1 F 2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage,injury or loss;and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information i.e.,record as-built drawings and legal site descriptions if they are available the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. Contractor shall be generally entitled to reasonably rely on all such information provided by Owner, subject to Contractor's duty to investigate specifically set forth in Section 2 of Exhibit H, General Terms and conditions, and as may be provided elsewhere in this Agreement and the Contract Documents. 3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors,reasonable access to the site. 3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 3.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subcontractors, with particular reference to utilities and hazardous substances or conditions. 3.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes,tanks,cables and utilities as known to OWNER. 3.7 OWNER shall,within seven(7)days of becoming aware of the occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Page 4 of 63 RPS#20-7722 1 1 F Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. ARTICLE 4 CONTRACT AMOUNT 4.1 In consideration of the faithful performance by CONTRACTOR of the covenants in this Agreement to the full satisfaction and acceptance of OWNER, OWNER agrees to pay, or cause to be paid, to CONTRACTOR the following amounts(herein "Contract Amount"), in accordance with the terms of this Agreement: 4.1.1 For all Design Phase Services, including, but not limited to,causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by the CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the Services and Work (as that term is defined hereafter), a lump sum of Twenty Eight Million Seven Hundred Thirty-Eighty Thousand Eight Hundred and Ninety Dollars ($28,738,890.00) for the entire Project, including Owner's allowance, if any, and outlined in Exhibit A-1. 4.1.2 Owner's Allowance. The Contract Amount includes Owner's Allowance, if any,which is controlled by the Owner and available to defray expenses attributable to unforeseen circumstance relating to the construction and for added scope by the Owner. The allowance items identified in Exhibit A-1 may be used per the general terms and conditions. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds,in the forms prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which is to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Moreover,the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York,New York 10038. Should the contract amount be less than $500,000,the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the CONTRACTOR shall,within fourteen(14)calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. Page 5 of 63 RPS#20-7722 L` l 1 1 F 5.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof,reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder. ARTICLE 6 INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense,carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,$2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles,Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR,Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty(30)days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty(30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four(24)hours after receipt, of any notices of expiration, cancellation,non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR's, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may Page 6 of 63 RPS 1420-7722 11F have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTOR's, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance, including builder's risk 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 Page 7 of 63 RPS#20-7722 CA 1 1 F agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s)of Insurance not later than ten(10)calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to be completed in 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 Six-Hundred and fifty-seven (657) 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 Seven Hundred Sixty-Four (764)) 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, $10,203 plus 0.00005 of any amount over $20 million (Round to nearest whole dollar) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the CONTRACTOR fails to reach Final Completion within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. Page 8 of 63 RPS#20-7722 11F 7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency(or agencies)of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.CONTRACTOR's sole remedy,if any,against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended,the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by"days",the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law,each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts,regardless of whether the Contract Time is stipulated in calendar days or working days,the OWNER will count default days as"calendar days. 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part, through another contractor or its own forces,the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 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. Page 9 of 63 RPS#20-7722 1 1 F 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER,the CONTRACTOR and his surety are liable for the damages under the Contract,but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties, demands,judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages,whether arising in contract,tort(including negligence), statute or strict liability. ARTICLE 10 LAWS AND REGULATIONS Page 10 of 63 RPS#20-7722 11F 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 This Agreement shall be governed by the laws,rules, and regulations of the State of Florida. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 10.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five(5)years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b)as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East,Suite 102 Naples,FL 34112-5746 Telephone: (239)252-8999 Email: PublicRecordRequest@colliercountyfl.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 Page 11 of 63 RPS#20-7722 1 1 F 11.1 CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). ARTICLE 12 DISPUTE RESOLUTION 12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term"Claim"also includes other disputes and matters in question between Owner and CONTRACTOR arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48)hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102,Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 • ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior 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 CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require Page 12 of 63 RPS#20-7722 1 1 F that its assignee be bound to it and to assume toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward OWNER. ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion,any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2 No later than thirty(30)days prior to expiration of the warranty,the Project Manager,or any other representative of the OWNER, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the CONTRACTOR to correct the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. ARTICLE 15 FORCE MAJEURE 15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is obstructed or delayed at any time in the progress of the Work contemplated hereunder 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 ("force majeure"), or of the public enemy, acts of government, fires, floods by adverse weather conditions not reasonably anticipated,epidemics,quarantine regulation, strikes or lockouts, by unavoidable casualties, or by any act of OWNER or a third party, 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 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 Page 13 of 63 RPS#20-7722 1 1 F 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, pandemic, public health crisis, landslide, lightning, earthquake, fire, storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) and/or any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. ARTICLE 16 CHANGE IN LAW 16.1 CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a)the enactment, adoption,promulgation,modification,repeal,or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity,if the issuance or modification of any such order,decree,or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension,termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope,if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) either fails to begin the Work under the Contract Documents within the time specified herein; or(2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Schedule of Values; or(3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable;or(4)discontinues prosecution of the Work;or(5)fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6)and (7)herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against CONTRACTOR's sureties and without prejudice to any other Page 14 of 63 RPS#20-7722 1 1 F right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR's right to proceed under the Agreement, in whole or in part,and may take possession of all or any portion of the Work,may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means,method or agency which OWNER, in its sole discretion, may choose. 17.3 If OWNER deems any of the foregoing remedies necessary CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and reasonable attorneys' fees, including appeals) or damages incurred by OWNER incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal.. If the unpaid balance of the Contract Amount exceeds all such costs,expenditures and damages incurred by the OWNER to complete the Work, such excess with such interest shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or OWNER, as the case may be, shall be approved by the OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of CONTRACTOR's right to proceed pursuant to this Section, it is determined for any reason that CONTRACTOR was not in default,or that its default was excusable, or that OWNER is not entitled to the remedies against CONTRACTOR provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent,good faith efforts to mitigate any of its damages against the CONTRACTOR. 17.7 In the event(i)Owner fails to make any undisputed payment to Contractor within thirty(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and(ii)Owner has failed to cure such default within fourteen(14)days of receiving written notice of same from Contractor,then Contractor may stop its performance under this Agreement until such default is cured,after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of ninety(90)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 Page 15 of 63 RPS#20-7722 0 1 1 F performed through the termination date,but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. ARTICLE 18 TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred,but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five(5)calendar days'prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. ARTICLE 19 DOCUMENTS 19.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data,calculations and estimates,prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 19.2 If the OWNER reuses or makes any modification to CONTRACTOR'S designs, documents or work product without the prior written authorization of CONTRACTOR the OWNER agrees, to the fullest extent permitted by law, to release CONTRACTOR, its officers, directors, employees and subconsultants from all claims and causes of action arising from such uses,and shall indemnify and hold them harmless from all costs and expenses,including the cost of defense,related to claims and causes of action. The foregoing indemnification shall not constitute a waiver of the Owner's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. 19.3 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER electronic 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 electronic 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 Page 16 of 63 RPS#20-7722 1 1 F internal use. In addition, CONTRACTOR shall provide five full sized paper copies of the record drawings for this project. 19.4 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. 19.5 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 20 CONFIDENTIALITY 20.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants,processes,products,costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees,agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR,without in each instance securing the prior written consent of OWNER. 20.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a. Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees,agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; c. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; 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 Page 17 of 63 RPS#20-7722 1 1 F Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two(2)years from the completion of Services. ARTICLE 21 SEVERABILITY 21.1 In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect,and binding upon the parties hereto. 21.2 All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. ARTICLE 22 PUBLIC ENTITY CRIMES 22.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ARTICLE 23 EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A-1: Contractor's GMP Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E-1: Change Order Form 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 #20-7722 "DESIGN-BUILD OF NCWRF Headworks" Step-One Design Criteria and Step-Two, including attachments,exhibits,and Addenda with attachments, are expressly agreed to Page 18 of 63 RPS#20-7722 CA 1 1 F be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. ARTICLE 24 NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing electronically or posted in regular mail,postage prepaid,to the following addresses: CONTRACTOR: OWNER: THE HASKELL COMPANY Collier County Water Sewer District 111 Riverside Avenue Collier County Public Utilities Division Jacksonville,Florida 32202 3339 East Tamiami Trail Suite 303 David Rieken Jr/Project Director Naples FL 34112-5361 Telephone: 904.357.5037 Wayne Karlovich/Project Manager Email: david.rieken@haskell.com Telephone: 239.285.4626 Email: WayneKarlovich@colliergov.net 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. If electronically sent,the time the email was transmitted shall be the effective notice date during normal business hours. 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 19 of 63 RPS#20-7722 1 1 F ARTICLE 27 ENTIRE AGREEMENT 27.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third-party beneficiary is anticipated or intended by this Agreement. 27.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders,Work Orders,or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. ARTICLE 28 SUBJECT TO APPROPRIATION 28.1 It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. ARTICLE 29 ORDER OF PRECEDENCE 29.1 In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. (signature page to follow) Page 20 of 63 RPS#20-7722 1 1 F 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:. ACTING AS Crystal K. Kinzet,Clerk of Court THE GOV RNING BOARD OF THE.COLLIER ' ` & Co . stroller COUNTY W SEWER DI CT II ' , By: Dated: 'a-b:� Penny Taylor, air (SEA est aS to Cl" . ' signature only,. Contractor's Witnesses: THE HASKELL COMPANY 1,- d,CZ, ,gar- '/, 7.-4 '"* . Contractor's First Witness-Signature By: Richard L. Moore Signa —Authorized Agent *Type/print witness name* Bryan R.Bedell,Vice President-Water *Type/print title* Con ractor's Second Witnes ignature Dianne W. Whipple *Type/print witness name* pprove p o and gality: Scott R. each, Deputy ounty Attorney (tem# i Agenda ' Date {C�1ate¢ . nEV ' gid ( i � I el lily'.,lip h Page 21 of 63 iiji i RPS 420-7722 i 11F EXHIBIT A-1 Item # Item Description Unit Quantity Price 1 Design-Build Base Bid Lump Sum 1 $28,738,890. Page 22 of 63 RPS#20-7722 coQ, 1 1 F EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 23 of 63 RPS 420-7722 1 1tA1' i 'tm '..k 1 1 F i ;e \.lei \�°h '. JJJ CoCoitnty '14 s'' . v iA, _ 4I '1�. ' air° _-' / a / Ct �� r s_ In ��• 3 4\ \ F 7, F y l�� it 3 s . -- `� �" i ,b 41 :;`. Design Build Services for NCWRF Headworks A.t 1- , '` RPS No.: 20 7722 Step Z , r � r^ r ' 3 Ptah ',". ', �� 1 HASKELLA=COM � . , IIID ..._....„........ ..... .,.. . , . .. .„,,. r7,-,......,::,,,,,. .,.... ......f..2.•.,..."....' .,,,,.;,k, • IF'.".,W.:, ' '.•:;;,' -ii,7,',' ,.:,.,„.,,.. .. :,,,,k,.::,..,';',:,,,::-;.',:,...4:4',;,4:0,ii, f-;' '',,,,i:'.-4,'!'„-',:,;,',-.;,:,-,,,,,,,i0;' ,1,,,';' ,',: .: ,::0,'::::'.'f.:.,•;::::',=',k;:4?r.::„s::::',,,i';4': . for the oo,, NCWRF Headworks ,:, Design .,, Build Services Step 2 5 No , R P •20-7722 I•- ' ".7',!••"':••',',-- ,!:* ...•:,r', i.•.:144r!: i'°•.:,:":''''''''' ,^,,,,,,,t,'' , ', ''''''''-:,..:. .,..,. ..,,.L.,,,;1.14,-,',,,,,,..,,,,,,,'±-.°;.•.,,,, , IT ,‘ :-,':::.;:'''i,skt,:;,. .),r,:::::,...::',7,4. ., . .., .,..,•,,,,,,!§- :y,:4.r. klri*:;!Y'f-,:•,•..,,,,,,,,_ ''', r 1.'.!,41::,,,:..,;.ti-'44'', <-,-,,::,::,..:,,4 -.. :„....::::: ::,,,,,,,'„,,p',;,:: • .-,,!,,,:',:„:;,37::-.,,,,,,,„ --1,-,:-:', "-, ..,„..- ,..-- .... ..1,,,i;::,,44:-.A::,.- -„, : \ : ;.,',',7,;:l,r-,:::' :',,''-:,,,,'':,‘ ';for,:',:;':::::-:::',';;':•.,::4;.,, ':'.',;,4;i111,r,. :,,,,:'':::'''!,':':: :,„., . ..,_...: : ,. ...- --,-,,,*1,-,,,„1:',,,,,:::!,14-,',,,,,,,,,,,, ''_ ,: .,:,„.,•:,:,,,,,,:-:.-.,,,,I,,,,,,4, .0,,,, ,,,i,,:'qm,i,,,,,,,,,,!,,, :: ' - ' ..'. . . ,A, •,,,,-,,.:. ::;74,..;,,,,°:,,,t,: ::'..,:;,,,-,'„,,,-;,,-40;"',,,/,:,,: ;„ ,iF,,77:',..•;,,,,,,:!..,...;,:',..: kt; ,,,..;..„4". ,,...',...•_:..:-,,,:,-., ,,..:'''',,":,#),".,'''' ':,`,i,', , ':,'N:43,.'it:.'!VW411:,',,' f1i' , ''‘'',"''''''L',':::,:',',''',7:''''!i'V,,-t-'''''''''' , .,.4 :,VIR,,,:'::17,1,',!.:'i',', 1,,i',' '1..,':',-';,,,.-: •1" ' ' : :;.,'i.'7,:'',?•, ' ''''::,:',. 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'.:.•:• .•-..,..,.....,,a,mt: :-.'eskilt.u ,:::.!:: ::,„,..:..:::....--:::::: 11F Bryanr ► HASKELL ViceP Bedelt DBIA resiQent 9160 Forum Corporate Parkway, AECOM Suite 350 Fort Myers,FL 33905 P:239.789.4848 bryan.bedell@haskell.com July 10, 2020 ATTN: Geoff Thomas, Procurement Strategist Collier County Procurement Services Division We Create Things That Matter 3295 Tamiami Trail East, Building C-2 Naples, Florida 34112 Technical proposal submitted via BidSync;Original, fully executed transmittal letter;GMP;proposal bond;insurance form and addenda submitted via original hard copy Safety Matters Our team has a plan for today's RE: Design Build Services for the NCWRF Headworks, RPS No.: 20-7722,Step 2 COVID-19 challenge that ensures every person goes home to their Dear Selection Committee Members: families in the same condition they arrived at work. The Haskell-AECOM Team recognizes the vital role that the North County Water Reclamation Facility(NCWRF)plays for Collier County(the County), which provides nearly 60%of the permitted wastewater treatment capacity in the Collier County Water- Resiliency Matters Sewer District(CCWSD). Our team has applied our proven collaborative engineering and The existing headworks will remain construction approaches and innovative technical concepts to help the County keep its in place and be available for use by commitment to protecting the environment and community. Functioning as an integrated Collier County,eliminating any single team, Haskell-AECOM will deliver an efficient design and build approach that maximizes point of failure. value for the County. Our execution plan: • Keeps the existing headworks unchanged, ready for use should the need arise Operations Mattel.. • Optimizes the new headworks for long-term operational savings Our detailed maintenance of plant • Saves the County money today operations(MOPO)plan ensures • Delivers the new facility on an accelerated schedule the entire facility stays completely operational during the construction Our Step 2 proposal outlines the key schedule sequencing, budget and operational of the new headworks, advantages of our approach, delivering a project with unique operational flexibility which includes our plan to complete the project ahead of schedule, cost effectively and with the _.w_,b. _.,._..._..,... greatest operational flexibility. Schedule Matters This project's success is tied to its We have completely reviewed, understand and agree to be bound by the requirements of on-time delivery.Our scheduling this RPS-Step 2, including all addenda.We have received and incorporated the following expertise and systems,combined addenda in our response:Addendum 1,Addendum 2 and Addendum 3. Original, signed with our fast-tracking of the addenda are included as hard copies with our separately submitted GMP submittal, along schedule,ensure we will deliver the with an original, fully executed transmittal letter and hard copy of our proposal bond and project as quickly and efficiently as insurance requirements form. possible. We understand the importance of this project and are committed to providing our community with a safe, reliable headworks facility in the most expeditious manner Budget Matters possible. The Haskell-AECOM Team is immediately available to begin an active partnership with the County to deliver the NCWRF. Our innovative design maximizes available capacity both today and Sincerely, into the future while delivering the project in the most efficient and cost- � 47. effective way.2 an�edell, DB1A Brian Stitt, CBC, DBIA, PEng Vice President Design-Build Project Manager The Haskell Company AECOM 1 1 F Section 1.0 - Transmittal Letter and Executivey ummary !~ Executive with a unified, integrated areas required to effectively Summary team to ensure complete and efficiently complete the collaboration through both components of the project. Throughout this Executive Summary design and construction.As a and proposal, the Haskell-AECOM fully integrated team, we have a Innovative base and alternative Team will demonstrate how the shared commitment to success. design concepts that increase following benefits of our team make We have collaborated on the functionality and minimize lifecycle us the most qualified firm to partner design within this proposal, costs, while maximizing the existing with Collier County for this project. and the established lines of plant layout The Haskell-AECOM Team brings: communication and relationships • Our layout for the new built through this process will headworks maximizes the An experienced, integrated team that continue through construction. current plant site while allowing maximizes the benefits of design-build The County will not see separate for the highest level of flexibility delivery distinctions between design for future expansion. Our layout • This team is comprised of two or construction individuals, optimizes the utilization of (2)specialized design-build or firms, only team members the site and the efficiency of firms providing the County with individual expertise in the operations and maintenance Maintenance of Plant Operations(MOPO) Planning I Early Integration of Constraints is Critical Our MOPO program will put complex,disruptive tasks into simple steps,integrated with plant activity to eliminate confusion and plant disturbance. During the 30%design phase of the project,our team will work with the County to solidify all plant operation details to fully integrate shutdown timing/constraints so they are fully integrated into our design documents and construction sequence. Each MOPO plan will have complete buy-in from the entire team,including the plant staff,design team and construction team. ' "ty ►HASKELL �COM Patlk Lecc000eparenent Collier County Public Utilities-Maintenance of Plant Operations(MOPO) RP5 Number:20-7722 Key/Emergency Contacts Date MOPO Number: 001 County Project No:TBD Owner Geoff Thomas 239 252.6098 MOPO Status: IN REVIEW THC/AECOM Project No:6704128101 Contractor(P) Bobby Bradley 904.545.9098 Date MOPO Approved NO Project Name:Design Build Services for NCWRF Headworks Contractor Ill Brock Southwick 904.982.1516 MOPO Duration 12hrs Site,North County Water Reclamation Facility Engineer Brian Shot 954 629.4444 CPM Schedule Activityli esl: MP1000 Address.10500 Goodlette Frank Road Subcontract TBD TOD Walk-Through Date 3/5/2021 Naples FL 34109 Start Date/Time. 3/8/2021 PLANT OPERATIONS SIGNATURE TO BEGIN WORK MOPO Activity Hot Tap 24'Plant Influent-Plant Force Main Feeds 1,2,5 from DCP.Ahead of Operation,traffic control for site and construction traffic,utility locates,potholing,excavation,full exposure of line to be Narrative completed.Plant Traffic will be diverted south after entrance,and arround MLE basins for site access. Anticipated Impact en Plant Traffic will be diverted south after entrance,and arround MLE basins for site access.County Staff to monitor line pressure during operation. Operations Safety Training Required Site Orientation HAZCOM Confined Space Trench Safety Fail Protection Safe Matters Other Comments Owner Rep X X X Owner Staff X X x Contractor Supervision X X X Contractor and Sub Contractor Field Labor X X X Contractor and Sub Detailed Plan Activity Schedule Responsibility initials Number Description Start Actual Start Finish Actual Finish Comments 1 On site review MOPO/site cond./weather Team 6:0000 6:10:00 Sub,Haskell,Ops,Engineerattendance 2 Begin monitoring of FM Pumping pressure Collier County 6:15.00 CC to monitor,notify contractor of changes 3 Start of Work Activity Notification of team Haskell 6:30.00 6:35.00 4 Install Tapping Saddle Subcontractor 6:40.00 7:30.00 5 Install Tapping Valve/cutting head Subcontractor 7 30:00 8 30'.00 6 Cutting/Remove Coupon Operation Subcontractor 8:30.00 10.30.00 Haskell to contact CC and verify pressure malnt. 7 Close Tapping Valve and remove cutting head Subcontractor 10.30.00 12.00:00 8 Remove Equipment from Excavation Subcontractor 12'.00:00 12'.30:00 9 Install Kick block/Restraint Haskell 14:00:00 15.30.00 10 End Operation-Stop monitor of pressure Collier County 18.00:00 1 1 F SECTION 1.0 - TRANSMITTAL LETTER AND EXECUTIVE SUMMARY functions,while preserving • Our procurement the existing headworks to be plan will keep you Innovative Solution rehabilitated in the future. There informed of all are multiple benefits to this layout design decisions, Force mains will be hot tapped during low as described on the diagram on enabling you to flow period to avoid costly bypass pumping page 1-4. make confident and to enable seamless transition of flow to decisions with full the new Headworks. A seasoned and trusted design-build awareness of the management team that will partner affect to overall EXISTING INFLUENT with you to deliver a successful project cost and schedule. HEADWORKS VALVES AND NEW HOT-TAP VALVES USED • An undeniable benefit of our TO CONTROL FLOW TO A carefully crafted plan that team is our proven leadership NEW/EXISTING HEADWORKS will maintain plant operations TAP INFLUEN and the individual design-build LINES:TDCP TIE-INS 3T4 throughout construction resumes. Design-Build Project 24"HOT TAP INFLUENT Manager Brian Stitt and Design • With our collective LINES: DCP TIE-INS 1,2,5 Manager Ron Cavalieri have design-build resume, 24"HOT TAP INFLUENT collaborated on several similar knowledge of the LINES: DCP TIE-INS 5 4. design-build projects throughout existing facility and Florida, including the$112 of Collier County t}— 0' million design-build Wastewater standards, the Haskell- and Water Treatment System AECOM Team has Expansion, for the Town of Davie, developed a detailed FL. They share a high level plan to successfully of trust and mutual respect— maintain plant critical elements of a successful operations(MOPO) �. `o""' `oun`y MOPO-01 43 HASKELL North WRF Headworks design-build management team. that anticipates all tO5o0GoodettoFrankad. Hotiapul 9 9 P Neplee,Ft „a,==a Likewise, David Rieken has operational issues served as construction project and keeps the project proactive step by replacing the facility manager for many design- on schedule and the plant before failure to continue the track build and collaborative delivery continuously operating. record of protecting the environment projects including the Lake through the water reclamation Pleasant Water Treatment Plant, Changes to Key Team process. design-build project for the City Members Once online, the new NCWRF of Phoenix,Arizona. He is also a headworks will provide screening and certified design-build professional The Haskell-AECOM Team members as recognized by the Design- remain consistent from Step 1 and are grit removal to better protect the other Build Institute of America (DBIA). fully committed to Collier County. plant processes and provide improved operability. We will build on our five(5) decades of experience delivering Design-Build Delivery Plan Design-Build Expertise successful design-build projects Collier County has taken a necessary within Florida, as well as our Haskell has over 55 years of design- step to improve the treatment build experience,with more than work nationwide,to help you capabilities of the NCWRF by planning the full benefit of the 2,500 successfully completed design- obtainfor a new headworks. While the build projects, including over 1,141 in delivery method and of every current headworks is adequately dollar expended. Florida alone.As design-build delivery meeting the WRF's needs today, it is experts,we have the systems and County involvement during final not removing grit well, does not allow knowledge to fully extract the true procurement that empowers you to for future expansion and is at the end benefits of the design-build process. make informed decisions of its useful life.The County is taking a What distinguishes design-build HASKELL I WE CREATE THINGS THAT MATTER FSECTION 1.0 - TRANSMITTAL LETTER AND EXECUTIVE SIJMIA r delivery from design-bid-build and improvement to ensure the completed Mitigating Construction construction management-at-risk is facility does not emit any additional Impacts to Community a single point of accountability.The noise to the environment. owner has one contract for design The Haskell-AECOM Team's goal is and construction. In this collaborative A similar approach will be undertaken to bring benefit to Collier County and delivery method, the Collier County to address odor abatement. The team the community in general.To ensure will work with the design-build team will establish the areas known to be we do not negatively impact the area to advance the proposed design, problematic in generating odors, such around the construction site, we will while the design-builder refines the as grit and screening dumpsters, and diligently work with local stakeholders submitted cost estimate, culminating will take action to mitigate them. to mitigate any potential impact to in a project that is exactly as the construction-related nuisances such It is important to note that the team County envisions. does not anticipate noise or odor as noise, dust control and traffic control during construction activities impacts. Our plan adheres to the Noise and Odor to be an issue, however we will utilize RPS and the DCP, and we will work Abatement a proactive self policing process to with Collier County and other local ensure we are good stewards to the agencies to ensure we address their The Haskell-AECOM Team will requirements as well. establish a noise testing plan to community. monitor how construction activities The new headworks, once completed, Construction meet the DCP and ensure noise will use a new biological odor control Coordination to Minimize during routine operations do not system to capture odorous air emitted Impact to MOPO exceed the DCP requirements. from the new headworks.All channels The first step of this plan will be to and equipment within the main County staff will be integral members establish a baseline for the current sewage flow path will be covered and of the design-build team. Operations decibels being created at the facility. ventilated to prevent any foul odors staff in particular will play a key role This baseline will serve as a guide for from polluting the plant. in the design finalization process. We Innovative Design Concepts that Increase Functionality and Minimize Lifecyle Costs ,� , _ —44014 "-- ""' - -" '*': New headworks in full z ` �" � compliance with DCP ..- Temporary construction facilities that "s l w'r - •-...,, do not impact plant operations Nt �c ` �'ti� a• fir. < , .. r �+ New bypass piping at existing flow "'; � _ q.. ' _ "^w10 meters at orbal basins 1,2,and 3 ✓ � NI sti `� - !: yy?, Hot taps at existing forcemaln•to '414r 0 eliminate costly bypass •pumping I r :. , `" •„ q .M \ and minimize operational impacts a0. e • r• A.,..,v., . ° - Yard piping designed and Existing headworks remains fully .� p p g g ^"' • y„.Y- functionaf and ready to use t .�. ^' sequencetl to enable full access "r Y / j to facilities during construction New bypass piping at exis4n r t meters at MLE basins 4,5i and 6 /r �a „,.....7Eloy W "a Ce,— ,..„,...:,, „,,,•;•>t4t,„40,' <:,..;:i..":„'„,:. '••,: '' ' -,,itb,i, . ',,7P'. , T 3 n , New bypass piping at existing r. w ,' ";� ,� ok equalization flow meter r m ' + ,' r „,. / a., z HASKELL I WE CREATE THINGS THAT MATTER 1 —4 CAO 11F SECTION 1.0 - TRANSMITTAL LETTER AND EXECUTIVE SUMMARY have solicited input from operations ins required to support construction locations and existing materials personnel on the existing plant schedules. The MOPOs will contain of construction. Once the utilities functions to develop the design the date requested, the utility or have been verified and marked, concepts presented in this proposal process line identified for tie-in, any necessary site permits for and we will continue to keep this line the expected duration of the tie-in excavation will be filled out, notifying of communication open throughout procedure along with any applicable all applicable parties of the intent and the project. Operations personnel drawings of the proposed work and duration of the excavation. During the will be key participants at design a contingency plan should problems excavation process, all exposed or review meetings, P&ID reviews, arise during the course of the installed utilities will be as-built by the and 3-D model reviews. Their installation. team. On the morning of the tie-in, the involvement at these meetings will necessary plant operations personnel not only educate the design-build The MOPOs team on their preferences, but will will be prepared also supply us with their knowledge at least two Traffic Patterns and Site Logistics of the existing plant operations to (2)weeks in schedule tie-in activities appropriately. advance and We will communicate traffic and site access through Project coordination and well-planned distributed to special exhibits and acknowledgements in purchase tie-ins are integral to the successful all project team orders and subcontracts. integration and seamless transition members fort approval. During • ��'� ire; from the existing headworks to the '-- new headworks without unexpected this time, start-up h . I interruptions.A seamless transition meetings with f., + ' f.. from existing facilities to newly plant operations � 6111,'"0 � personnel will constructed facilities is critical '' since plant processes cannot be occur on a weekly t� basis to discuss .v -i 1 interrupted and must be maintained � " rl at all times.Although the majority expected tie-ins q # ' ':lam of the new headworks will be new for the upcoming •,, ,,„ r. construction,there will be a number week. If required, 4 any assistance ) of challenges in terms of maintaining ;� -, ', a during the tie-in existing operations throughout the .,1 ,,, ! ; construction period as we construct by the plant �, ,,, q R . ._: NN and tie-in new facilities and also personnel will be transition the flow from the headworks discussed during I �` ` these meetings toy t � � to the new plant.This requires �, coordinate shift a thorough understanding and a � ,• ,,,,- schedules. coordinated effort,which begins with x 'N., plant operations participation during The Haskell- i early design reviews. AECOM Team will ;� • During construction, the Haskell- consult as-built �.,/ Ii drawings and .�._4.. »G.. •,t, ,2 4.... - AECOM Team will work with the g plant operations °""" "`"°.r Temporary Power(Dlmcl Bury from Tamp County's plant operations personnel FPL POIC To Conatrucf,on Faalllhoe) on a daily basis to keep them personnel to verify informed of daily activities that existing utilities dFaclRtlaa A G in the work area. could affect plant operations in any it: 111111116111111 ... .-. When locations way.A MOPO plan will be used to �, are questionable, ' '� provide a look-ahead schedule ofa � any anticipated utility or process tie- test pits will be �^ T flcPat ^ dug to confirm , " „,. HASKELL I WE CREATE THINGS THAT MATTER 1 -- '3 f-� 11F SECTION 1.0 - TRANSMITTAL LETTER AND EXEC.JTIVE SUMMARv and the design-build team staff will outreach program is proactively outreach program includes a broad meet at the designated tie-in site and addressing the construction traffic set of tactics, specified by phase verify that all systems and equipment with respect to timing, volume and the and designed to reach different are ready for the upcoming work and need to pay close attention to safety stakeholder groups—residents, that any necessary documentation signage. These plans are included in homeowners associations, property is complete. Before the work begins, Section 3.0-Technical Information. managers, recreational facilities, all applicable contingency plans will sports clubs, local organizations, be reviewed, along with any required Site Security Plans businesses and schools. Project stand-by materials and or equipment. materials include a project The team will provide construction presentation, fact sheets, social Construction Traffic fencing and gates manned by the media, project website, email blasts, Control plan team at the construction entrance newspaper insert, project hotline, during hours of construction neighborhood meetings/tours and Even though our design has sought to operations. We will implement a plant tours.This plan will be expanded reduce the traffic as much as possible badging system for all construction or contracted based on the direction by reducing the overall impact of personnel to ensure only authorized of the County to best meet your existing plant system and by reducing personnel gain access to the needs. the material stored on site, there site.Anyone entering an active will still be a heavy amount of truck construction area must comply with As detailed in our Step 1 response, traffic for deliveries of construction all safety requirements included in the Haskell is partnering with Quest equipment such as concrete, process site safety plan. to provide a proactive community mechanical equipment, piping and outreach plan.They will develop a reinforcing steel.A detailed traffic Public Outreach Concepts stakeholder database to identify key control plan will be developed and stakeholders affected by the utility implemented to ensure the safety Outreach and Information Plan improvement project. In conjunction of construction workers, visitors, An effective outreach plan is with Collier County, Quest will also delivery truck drivers, plant operations diverse, proactive and customized produce and distribute all publications personnel and the general public. to meet the community needs as (letters, flyers, brochures, news We will coordinate with the County in the project progresses. Our public releases and social media verbiage) the development of this plan which information and outreach plan is and provide a proactive community will limit the deliveries during the built around two(2)project phases outreach plan to include public busiest times of day and to provide —design/preconstruction phase and meeting materials that address clear signage outside and within construction phase, with distinct all key issues while engaging and construction zones.A key component objectives, strategies and tactics educating stakeholders and listening of our planned information and for each phase. Our multi-faceted to their needs.They will work with Public Outreach Experience Matters Quest is a proven public • Public Utilities Renewal ' ° cONNs1RUCTI014 communications partner for Program(Basin 305 - MPS srARTING Soon°• • Again 3„Ne ghbaddtld "' "•. Collier County,providing services 308 FM) q„„y,state.RehaMxaNan "° to the County on the following • Public Utilities Renewal ( 1 C A < projects: Program(Basin 3o6) ♦ CEI Services for Public • East of CR 951 Bridges P,o)c�<t'°""°" ` �� I° Study Utility Renewal Program, �. Branding,Community • East Naples Community. • Awareness and Website Development Plan Maintenance OIUESriON4"1 �" ° ° aamxat e r.V � Nr1uVC rzrJ fi Wn �� \ am119,.wltom I-HA SKELL I WE CREATE THINGS THAT MATTER 1 — 6 CAf) SECTION 1.0 - TRANSMITTAL LETTER AND EXECU TIVE SUMNiRv1 F the project team to identify and Virtual public meeting software such The use of a hybrid combination of emphasize the overall benefits to as GoToMeeting/Webinar would virtual public meetings and person- the entire community versus the be implemented so residents and to-person public meetings may be a individual impacts and benefits to business owners unable to attend in future consideration. each stakeholder. Quest will plan person can follow the proceedings a public meeting when 60%of and provide comments online. Quest's in-house, award winning the design is complete and attend A moderator can reply online or creative services division can interactive coordination meetings with through e-mail, if needed. In addition, assist in developing eye-catching, civic groups and others as needed to it is possible to upload outreach impactful fact sheets, newsletters, build consensus for the project, show communications electronically and flyers, brochures and multi-media the team has heard and understands insert updates on the Collier County presentations that can be used to their viewpoints and demonstrate how website and distribute through its proactively disseminate information the utility improvements benefit the established information network. on the status of the project in community at large. Communities are striving to keep this area of Collier County. Quest healthy and safe by practicing will coordinate with the County's Prior to COVID-19, Quest excelled isolation to stop the spread of Public Information Office before at remote public outreach and virtual COVID-19, and public participation disseminating information to the public meetings and has grown and comments are still important and public, elected officials and the media. stronger in developing outreach encouraged by engaging virtually. Quest will provide timely, professional campaigns that practice safe social responses to project inquiries in all distancing. During person-to-person In the event person-to-person public communications with stakeholders. interactions with stakeholders, Quest meetings resume, Quest offers takes precautions to protect the health innovative presentation technology Innovative Approaches and safety of everyone involved by such as the use of smart boards to maintaining six(6)feet between encourage personal, hands-on exhibit Our innovative approach to design individuals and wearing protective experiences. Quest may enlist the use and delivery began last year face masks.These measures are of tablets at public meetings to gather when our integrated design and especially important while distributing sign-in signatures as citizens enter construction team of professionals traditional community outreach and then input survey responses as met in the AECOM's local office to materials. they exit. begin formulating concepts for this project. These same individuals will Innovative Approaches Phase Description Benefit to Collier County Design Use of prefabricated Reduces startup and test duration as electrical gear and control panels can be delivered electrical enclosure to an off site facility,installed,commissioned and tested enabling the team to set gear f and make fiinal field connections. Permitting Identification of work Enables the team to start yard piping before full site construction.Early start of this activities that do not work allows the team more time to work around unknown or unidentified challenges require a building permit that arise when traversing the site with yard piping. Procurement Early equipment selection Allows design to focus on the specific equipment being utilized. Construction Early construction Allows the team to get on site and get underground piping installed early,which allows package the project to eliminate potential delays with unknown changes to site utilities : Startup and Use of hot taps at Cost savings as plant and system bypass pumping is avoided.Allows the operations s Commissioning forcemain tie-ins team to gradually transition influent flow to the new headworks from the old headworks through the operation of new/existing gates and valves. HASKELL I WE CREATE THINGS THAT MATTER 1 —7 C.o 1 1 F SECTION 1.0 - TRANSMITTAL LETTER AND EXECUTIVE SUMMARY collaborate with the County throughout Another unique feature of our Risk Register the design and construction phases. approach was the inclusion of a Multi-disciplinary work groups "Tiger Team"consisting of wastewater Throughout this project,we consisting of engineers, construction process, design and construction will maintain a Risk Register supervisors and estimators have been experts who were not a part of the to flag potential conditions that established for each design discipline proposal peam.The Tiger Team was could adversely impact project (civil, process mechanical, structural, independent of the work groups and implementation. We have already etc.). It is the responsibility of each were tasked with defining how best to started one, as shown below.The Risk group to review the DCP and develop meet the County's project objectives, Register is an ongoing collaboration our base design, working to identify without the constraints posed by the tool reviewed by all stakeholders on innovative design and construction DCP. Throughout the proposal effort, a weekly basis until the risk item is methods that provide value to the the work groups and Tiger Team mitigated. Mitigation can be in the County from a cost, community and/or looked for opportunities to do things form of additional investigations or by environmental perspective. The work better, more cost effectively and incorporating unit prices, allowances groups worked side-by-side throughout provide more value to the County. or contingencies in the price to control the proposal phase refining the Where possible, those ideas have downstream cost growth. design, conducting constructability and been incorporated into our base operability reviews, and developing design. technical and cost proposal. Risk Register,Examples Phase Evaluation Category Statement Urgency Mitigation Strategy ; ; Design Design flaw Design flaw Near term Early use of design peer reviews to avoid delays project potential design flaws and proven process due to redesign equipment technologies Permitting Permitting delay Permitting delay Near term Early engagement with permitting agencies a impacts design to make them aware of our anticipated completion and submittal date,our schedule needs and a delays start of preview of the treatment processes that will construction be used Procurement Process equipment does Treatment Near term Use proven technology to ensure treatment not treat influent as process does not process will work. Engage the County early intended meet County's of influent characteristics to ensure design is ii expectations based on actual characteristics Construction Craft worker shortage Craft worker Long term Establish hands-on craft workforce shortage development training facility/program impacts the at project site to train local workers and ability to provide career opportunities.Additional complete the resources pulled into the project from schedule on Haskell's projects during peak man-power time needs. Startup and Startup and Startup of plant Long term Early planning with the County to mitigate I, Commissioning commissioning delay is delayed due to potential delays or system restrictions. plant or system operations constraints HASI<ELL I WE CREATE THINGS THAT MATTER 1 — 8 R r 1 1 F 10 r44;, t.' # p.c� v r yy pr',, �."iM 3_a'� s t 'x �a ..... fl d r we ` °r^ : { 0 " f ��0. .'.. s 0,- . x - Q re < .._ „w - u 'L i es. 111111* It. Section 2.0 - Project Team Approach 1 1 F Section 2.0 - Project Team Approach Overview trust and provides a world-class to manage the overall project and experience. Brian Stitt will be the any work performed by our 100+craft Design-build places the successful County's single point of contact employees. He will be supported by execution of the project in the hands throughout the project and will lead Gulf States Electric, who will bring of a single entity, which requires the Haskell-AECOM Team through their experience working with Collier close collaboration with the owner each of the phases,which are to be County at the NCWRF plant. to ensure the owner's schedule, carried out as follows: quality and budget needs are met. Phase 5: Commissioning will be led The importance of selecting the Phase 1: Design will be championed by Ron Cavalieri. Haskell-AECOM's design-build delivery method is by Ron Cavalieri. Key features of our focus on the project's successful the speed in which delivery of the plan to execute the design include a completion and collaboration with the project as the design-permitting- clear understanding provided by the County's operations staff during the procurement construction phases DCP and our knowledge of Collier design phase will enable a smooth are overlapped. The Collier County County as a client. Our design team transition from the existing headworks North Water Reclamation Facility has local engineers based in Fort to the new headworks facility. (NWRF)project requires a design- Myers, regional design professionals based throughout Florida and design Our team's plan for addressing these builder who possesses the ability to five(5)phases is to begin the design bring the speed of delivery through professionals across the United States. With the combination of local activities immediately upon notice innovative approaches or solutions of award of the project.This will while identifying, understanding and resources, supported by regional and national resources, these allow our drive an initial GMP package that mitigating risks. Haskell-AECOM enables us to start work on-site early is that team.We have successfully team to gain insight into methods utilized by other utilities and bring and work towards a final GMP that delivered many design-build projects focuses on remaining work items. Our using this delivery method. innovative solutions that may at times get missed when a firm does not have strategy of overlapping these phases the regional/national footprint that the will allow our team to deliver the Project Haskell-AECOM Team has. new facility within two(2)years of Management notice to proceed.The early GMP Approach Phase 2: Permitting will be led by Ron package will set the stage with early Cavalieri. Our local team of experts site preparation focused on relocating The NCWRF project requires a will be assisted by the aforementioned existing utilities away from the new design-builder who understands the deep bench of national and state team building footprint, early tie-in work that project, the challenges associated members, as needed. enables a seamless flow transition with the project and one who will work when the new facility is ready for diligently to bring innovative solutions Phase 3: David Rieken will lead pearly operation and an release of that focus on the best value for you. procurement, supported by the team's g process lead items such as design professionals. He will leverage equipment, mechanical/electrical Haskell-AECOM has broken the both firms'local relationships with the material and the prefabricated project into five(5)phases to expedite team's national reach to ensure the electrical enclosure.The remaining the schedule of the project. design, best value pricing for any equipment work GMP will focus on headworks permitting, procurement, construction or material that is procured. construction, remaining site activities and commissioning. These key and the balance of the mechanical/ Phase 4: David Rieken will also lead phases will be delivered in a manner electrical scope of work. construction, utilizing blended Haskell that allows flexibility, encourages and AECOM construction resources HASKELL WE CREATE THINGS THAT MATTER 2 1 SECTION 2.0 - PROJECT TEAM APPROACH o, Significant ability and access to all necessary Construction and Commissioning Personnel resources to perform this work which Resources:Anticipated needs during are exemplified by the following: construction are 5-10 operators/ Resources laborers, 10-15 concrete tradesmen, Design, Permitting and 5-10 mechanical workers and 5-10 Our team is committed to providing Procurement Resources: the County with all necessary electrical workers,with levels varying Anticipated needs during design as the project progresses. We have personnel to successfully deliver and permitting are 5-10 design this project, as illustrated in our significant construction resources professionals with varying levels of with Haskell's 100+ permanent craft organizational chart submitted in Step engagement during the design and 1.The Haskell-AECOM Team is a employees(PCEs)working in Florida permitting phases. Our team has 11 who can execute the concrete, true partnership of blended resources, design professionals in Fort Myers, and our ability to self perform critical metals, fiberglass reinforced plastic 952 design professionals in Florida (FRP), process equipment and scopes of work ensures our team's and 13,104 design professionals adherence to safety, quality, schedule mechanical scopes. Our construction across the United States. Project partner, Gulf States Electric, is located and budget. Our team includes Manager Brian Stitt has the authority several local companies to create as in Naples, Florida and can easily meet to bring in any resources needed to the electrical needs of the project much economic stimulation for our supplement the project's needs. community as possible. Unlike many to ensure the project schedule and of our competitors, we truly have the quality are maintained. Organizational Chart I No Changes to the Team Submitted in Step 1 Coder County Organizational Chart Key 1 Haskell 2 AECOM 3 Revere Controls DESIGN-BUILD TEAM 4 RKS Consulting Engineers EXECUTIVE SUPPORT 5 GFA International G Q.Grady Minor&Associates,PA l►HASKELL • 7 Gulf States Electric,Inc. AECOM 8 Quest Corporation of America BUSINESS DIVERSITY MANAGER QA/QC MANAGERS Construction TEC,INICAI ADVISORS DESK?., .d,, ' , O)E' ,a I ___......._.____ -nStitt,CRC.081 , n9:? " ' SAFETY MANAGER ' DESIGN-BM D "i. CONS RUCTION MANAGE P. Ronald Cavalieri,PE,BCEE' COORDINATOR DEPUTY PM/DESIGN HEAD WORKS DESIGN Ch-A` PRECONSTRUCTION CONSTRUCTION CENTER MANAGER LEAD MANAGER SUPERINTENDENT Kevin Smith,PE,DBIA= Paul Moulton,PE KEY SUBCONSULTANTS AND Steve Rampulla, Bobby Bradley' SCADA INTEGRATION ELECTRICAL SUBCONTRACTORS LEED AP, SCHEDULING James Noe3 Yasser Rizk,PE' MANAGER Ira Brandell,PE' ILC/SCADA ESTIMATING MECHANICAL PROCESS/ Revere Controls Mike Spaeder- Ash raf Asad' Mechanical ODOR CONTROL IRC O&M AN TRAINING,STARTUP " GEOTECHNICAL , Chris Galligan,PE' Bit Overbeek,PE' Donnie Belloit- ctri AND COMMISSIONING Sarah Papazian,PE GFA International I Eddie Robison-Electrical' Blaine Stone,PE' STRUCTURAL/ 1 Jeannette Saliba,DBIA- BUILDING MATERIALS GEOTECHNICAL ELECTRICAL DougMcClellan,PE,DBIA= Jeff D'hu etter,PE5 RKS Consulting Engineers GeneraP COST CONTROLS/ WBUDGETING Gulf States Electric,Inc. I PUBLIC RELATIONS Nick Swan' SURVEY/SUE CIVIUSITE AND MANAGER Donald Saintenoy,PLS6 FIELD ENGINEER y Yvonne McClellan, Dustin Chisum,PE VALUE ENGINEERING/ PERM!I IING CONSTRUCTABILITY REVIEW Kelley Samuels' Paul McElroy DBIAI Richard Moore,DBIA3 Frank Feeney,PE,LEED AP BD+C' HASKELL I WE CREATE THINGS THAT MATTER 2—2 SECTION 2.0 - PROJECT TEAM An14OACHF ► No Changes to b Detailed Project Our plan is based on the numerous Team Schedule decades of experience we have on similar projects. Duration details will The Haskell-AECOM Team has no The schedule included beginning be reviewed with the County to finalize changes to the key team members on page 2-4 details our plan for the the schedule.As requested in the RPS submitted in Step 1. successful delivery of the NCWRF documents,we are providing our plan project from notice of award to the to mitigate items that could impact the final acceptance of the project. Our critical path. In addition, our schedule schedule identifies key milestones, includes fast-tracking of certain project significant County decisions that elements to complete the project as are needed, as well as the County's expediently as possible. anticipated design review periods. Critical Path Impact Mitigation Plan Phase Impact Mitigation Plan Design Process selection delays A kickoff meeting between Collier County and the Haskell-AECOM Team will take place start of design within one(1)week of notice of award to gain alignment on new headworks sizing, manufacturer selection and general layout. ` Unforeseen soil The team will perform early geotechnical investigation to identify unforeseen soil , conditions impact conditions to mitigate potential impacts to schedule and cost. foundation design Permitting Permit review delays We will engage with permitting agencies early to ensure they understand project timing construction work and urgency to meet review deadlines.Workshops with agencies will be set up,which will include a presubmittal review. Procurement Equipment is not Our plan is to utilize early an GMP purchase to ensure equipment is on-site ahead of purchased on time and the required installation date. delays project a` Delivered equipment does The team will identify and select equipment early to enable the design engineers to not match the equipment design.Upon delivery,our staff will inspect the equipment to approved shop drawings used in the design for compliance and early identification of issues. Construction Existing pipe is different We will use soft dig techniques to identify potential conflicts and conditions during the than identified utilities 30%design phase. delaying site utility construction Craft worker shortage The team will take part in early coordination with internal resources to ensure impacts the ability to resources are dedicated to the project ahead of the anticipated need. We will have complete schedule on early recruiting of potential craft workers and add additional resources pulled into the time project from Haskell's other local projects during peak man-power needs. Commissioning Plant tie-in issues We will soft dig potholes of utilities near the major tie-ins and periodically along the pipe routes,along with early construction of tie-ins. MOPO requires additional An early planning workshop between County staff and Haskell-AECOM will take place • time to complete to identify anticipated MOPOs,optimum tie-in timing and anticipated durations. Process does not process We will obtain current influent stream characteristics from Collier County to ensure influent sewage as process selection is the best application.We will also utilize internal peer review to intended ensure process selection will work for anticipated conditions. l` = 1 1 F a o' x y q o - v - Z o -.......-- o r re @ .0 o sE t - cwa Y f a ON� O03 - ->= NO M _ -, Q -c W L L . . 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M Section 3.0 - Technical Information 1 1 F Section 3.0 - Technical Information 110, Project Overview • Inadequate flow metering Overview of Design Rationale • A non-functional grit removal The existing headworks at the system that causes downstream Elements included in the Design NCWRF, constructed in the mid issues for the rest of the facility Rationale are: 1990s, needs a replacement to • Site development ensure the County can comply with Because of these challenges,the ■ Description of recommended current treatment standards and County desires a new facility that improvements operation requirements. Challenges will address these issues as soon as • Demolition,repurposing and possible. Using our proven design- enhancements associated with the existing facility a Community impacts/public include: build approach, the Haskell-AECOM outreach Team will deliver the new facility ■ Compliance with County • Poor condition of the headworks as expediently as possible to standards and operational due to lack of access and minimize ongoing operational risks requirements inability to isolate sections for of the existing headworks. The regular and critical maintenance new facility will meet or exceed all Section 2.0-Project Team Approach • Structural issues and regulatory and quality requirements describes our team's ability to bring deteriorated concrete due to and be constructed in a safe manner our local, regional and national hydrogen sulfide corrosion both on time and on budget. Our engineering and construction • Screens that have difficulty project planning and collaboration resources to successfully deliver managing larger material process with operations will deliver this project.This section provides which accumulates and causes the new facility, such that the existing our team's technical approach to the additional maintenance facility operations are not impacted. design of the new facility. New Facilities and Upgrades Ensure Full DCP Compliance Temporary Y aslsr_ t _ construction facilities t 1 1r ., that do not impact i x �`t plant operations I k ' W. ' Hot taps at existing p forcemains to tie the Man plant pump station "r• . , New bypassing piping I •1I .-' at flow meters at MLE I'y `i new headworks into the pumps upgraded °" basins 4,5 and 6 '' existing system Equalization tanks end j I } ___ return tied Into the new T w r ye^t^` x 4"d S headworks ,, Existing forcemains tied k '''' -- ''''- Existing headworks i As. + into the heedworks ...,,. Wr »d-e ;_ remains functional and through new influent lines - fy� .,rilr,' I ' ( i'; ) \I ' "', "‘iilL'",„ e tl'i �1 41 < New level instruments ''' i I °� et equalization tanks Headworks effluent tied m to i .-I -�^,, `r " i MLE basins 4,5 and 8 i �f"'' • ( ;A . aA , i Headworks effluent 4 New bypassing piping at I i A i >< . tie-in to orbal basins existing flow meters at t- i 1,2 and 3 )AA - orbal basins 1,2 and 3 ` �. New headworks Gravity sewer tied into '" .+ e k 5 s w.- ... n r I I , 1'8' the new headworks • , '. - New paved road to New electrical enclosure i },r,,, , ski. I , ensure full access ,.,.,.,„ Reuse system tied into -"' plant facilities during yard �"�' ."-re... a headworks influent end piping activities l�®.�_. • effluent 9. jjP9enerator Existing storm drain 111 I � 1 s stem reroutiii ed ' New odor control system txzp r i i 1 New FPL permanent power teed .x. - - « , HASI<ELL I WE CREATE THINGS THAT MATTER 3 -1 1 1 F SECTION 3.0 " TEc I INICAl...INFORMATION o. Design Rationale extensive yard piping required to addition, the design criteria for the tie this location in with the existing new headworks requires a significant oxidation ditches, plant pump station, increase in headworks capacity, 1. Site Development equalization tanks and electrical/ and therefore, the required new a. Description of Selected SCADA system. In addition, the new headworks footprint would be larger Location structure would have had a negative than the existing headworks footprint. visual impact on the surrounding Given the high cost, disruptions to Several location options were community as it would have been plant operations, risks associated considered for siting the new situated along Goodlette-Frank Road. with bypass pumping and the need headworks facility including: Given these disadvantages and the for temporary screening our team • The area south of the mixed high construction costs associated eliminated this possible solution as liquor effluent(MLE)treatment with pipeline and electrical tie-ins, our well. facility team eliminated this possible solution. Our team concluded the optimal • Demolishing the existing Reusing the existing headworks solution is to repurpose the existing facility and reuse the existing footprint was also considered as it stormwater retention basin east headworks footprint • Repurposing the stormwater would allow reuse of the existing of the operations building.This yard piping and electrical ductbanks location was selected by our team as retention basin east of the with minimal modifications. In we identified many benefits and no existing operations building considering this option,we identified disadvantages.Advantages to this The area south of the MLE facility several significant disadvantages. solution include: was considered, due to its proximity For example, under this alternative, to the influent force mains along major bypass pumping and temporary • The County will retain full use Goodlette-Frank Road. However, screening would be required for of the existing headworks this location had several significant facility, which provides reliability the duration of demolition and disadvantages, including the construction of the new facility. In Optimized Solution Based on Site Challenges ,,,n..t,„a,t1: ,,,,,,,,,',,,,:',w-:,,, , .01 ' ' , 11 t '.'-' .• - ' ' ''''''''''''''''': 4'414 \\ ,, A<..,,,,,,.,„..,.j,e,:k,,,,..,,,00* • ' %le T.'„.,,,,„ 4.,,, \, .'„,..o.,177:77'"'Th ,,,,,,,,,,,,,:, ''''':;:: :::::.1..X4:,',::' '''' F' r € , w n ..,•,. ,. ' ,:::., . .,,,N.,,,,,,,:. Slt //'' • \ S4* Y w HASKELL I WE CREATE THINGS THAT MATTER 3 2 0 SECTION 3.0 - TECHNICAL INFORMIAT1INI 1 F ♦ The existing headworks Florida Power and Light(FPL) show that removal of all detention facility will remain in place as service to the east side of the in the existing dry detention area a backup after construction of facility and diverting the stormwater to the the new facility is complete • Single SCADA system tie-in retention area south of the MLE • No shutdowns of the existing through the use of single fiber will satisfy criteria for permitted headworks will be required connection minimum finished floor elevation throughout the project (FFE), minimum road crest and • Our approach requires no b. Stormwater Management perimeter berm elevation and bypass pumping during the Our team completed preliminary maximum allowable discharge rate. maintenance of plant operations stormwater modeling of the NCWRF Our team will modify the existing activities through the use of facility using the CASCADE NCWRF stormwater management hot taps and coordination with stormwater modeling program. We system environmental resource permit system and plant operations obtained the previous stormwater through the Florida Department of • No negative visual impacts to design report from FDEP, which Environmental Protection (FDEP) the public, as it is located near included the original CASCADE in accordance with the Florida the center of the site model used on the 2007 NCWRF Administrative Code. ♦ Sufficient space to allow access permitting effort, and updated it to The proposed stormwater from all sides for operations reflect planned improvements for the management system modifications will and maintenance, as well as new headworks facility. In addition, room to install the significant be designed in accordance with the our team included updates in the yardapplicable stormwater requirements. piping needed to bring the model to reflect the FDEP permit plant flow to the structure Stormwater pipes ranging between and stormwater calculations for • No disruption to the existing 12-and 24-inches are proposed to construction of the North County provide the required conveyance plant electrical system, as we Recycling Center.The results of the will strategically locate the new capacity. There are several existing preliminary stormwater modeling utility conflicts, including underground Resilience and Operational Flexibility Keeps Existing Headworks Operational u S v ., Existing io,_'^� Headworks New Headworka ' ci : a w Facility :... , e • y,.,, `4. " '? ' 'R • , . o ., \of *kw,:,s,' '•S., \,,,s, .rrrrr :Si tea'; HASKEI_L I WE CREATE THINGS THAT MATTER 3 - 3 G 1 1 F SECTION 3.0 - -iFC NICAI...INFORMATION gravity collection systems, a 16-inch Stormwater pipe rerouting and Influent Main Connections potable water main, a 24-inch reuse installation is a portion of the early Southwest of the administration water main and underground electrical work packages the team identified building, the existing influent mains duct banks located in the vicinity of to perform ahead of the headworks will be tied into new influent piping the new headworks. Therefore, it structure construction to alleviate any with tapping sleeves and valves. is proposed that the existing storm stormwater issues throughout the The two(2)24-inch mains will be water management piping be modified project. manifolded together into a single 36- to collect the shallow pipes and inch pipe to the influent channel of the discharge through a ditch bottom inlet c. Yard Piping and Sitework new headworks.This configuration located in the existing stormwater Our team has extensively analyzed will capture the 8-inch PVC main detention system in front of Clarifier the existing yard piping and points of along the eastern plant boundary No. 7 and Contact Basins numbers connection and developed a cost- (DCP Article 3.3 Tie-in#1), the 30- 3A and 3B.The existing 18-inch effective approach that will result inch DIP main entering the north plant reinforced concrete stormwater pipe in no shutdowns of the existing boundary(DCP Article 3.3 Tie-in#2) that leads from the detention area in headworks and requires no bypass and the two(2)24-inch PVC mains front of Contact Basin 3A/3B to the pumping. The new yard piping will be entering the plant site from Goodlette- existing detention area south of the designed to eliminate the need for Frank Road (DCP Article 3.3 Tie-ins existing cell phone tower will remain costly bypass pumping through use #4,#5 and#6).The existing 30-inch in place (as shown on the attached of hot taps and minimize impacts to main entering from Goodlette-Frank sheet C-101). This proposed piping existing plant and system operations Road (DCP Article 3.3 Tie-in#3)will configuration will allow the existing during construction.As shown in the tie into a new 30-inch pipe to the stormwater management system to rendering below, the new piping is influent side of the new headworks. continue to function while minimizing proposed for the plant influent lines in At the conclusion of the influent pipe potential costly conflicts with the a similar configuration as the existing tapping work, all influent flows route existing plant yard piping. condition. to the new headworks structure in Access to Facilities During Construction Through ail Integrated Design and Construction Team - .,.dNewpaaved r P , access roads1111 a Tie in , . F m z. Y t }. Baas HASKELL I WE CREATE THINGS THAT MATTER 3 -- 4 11 SECTION 3.0 -TECHNICAL INFORMATION parallel forcemains, 36-inch and To return the existing site drainage of the operations building.Again, each 30-inch ductile iron restrained piping. and recycle flows to the new new MLE pipe from the headworks This configuration aims to preserve headworks, a new 18-inch force main will connect through a wye to the current combination of influent will tie into the existing 18-inch reject maintain existing headworks building piping while allowing for increased water force main near the aerated functionality. Connecting directly to the capacity. sludge holding tanks and route this existing MLE pipes in the yard allows flow to the new headworks structure. the team to take advantage of existing Service Water, Drainage and This approach allows the revamped infrastructure and existing flowmeters. Recycled Flow Connections plant site drain pump station to New bypass piping is provided around To provide washwater for the primary reverse its flow direction and send the existing flowmeters for each MLE screens, a new 4-inch line will be drainage flows to the new headworks. aeration basin. installed from the existing 24-inch IQ After flow measurement by a new water line. To provide seal water to magnetic flowmeter, the 18-inch Connecting the new headworks the washpress pumps, a new 6-inch piping bifurcates to allow the plant structure to the existing orbal aeration line will be installed from the existing master pump station to pump to either tanks poses a challenge due to the plant service water main. the influent or effluent side of the new existing piping and obstructions in headworks. the ground. To resolve this issue, a A new gravity drain system consisting new 36-inch line will be installed from of a manhole and drainage pipes will Treatment Process the new effluent distribution boxes be installed to collect drainage from Connections to the existing 24-inch MLE supply the new headworks facility, including At the effluent portion of the new line that is currently not in use. Here, the washpresses and odor control. headworks, new buried 24-inch MLE the design again utilizes existing This drainage system ties into the piping exits the western face of the infrastructure to its advantage. The existing drainage system on-site and structure, reconnecting to the existing new orbal influent piping will connect discharges into the plant site pump MLE process supply lines southwest into the existing 24-inch MLE piping station. Operation of Both Facilities Using Innovative Solutions "'sl, '--yr" 1 4.. .., , , , �. :. , ail ,, , , , . ... . 1.:,,.,,,,„!,,,;.,...„,., ..... , ....,..„,.. . . ,, s . , . �, � . ,Agrir,- ,....- i , , : ,,,,..„.,,,,,44.17.i..„.,,,,,,,. .., , .. .....,7,..i. , .4., ,- .,,,.....3.14.4„:, : .., . .„ , .. ,, . „.„ , . ..:.,, v . .4 ., ..0'''9 zr b r Y1 a_. HASKELL 1 WE CREATE THINGS THAT MATTER 3 — 5 SECTION 3.0 - TECHNICAL INFORMATIOr,I and reverse the direction of flow has identified a pipe corridor for this structure will flow from east to west. towards the existing pretreatment piping, as shown on the drawings. The structure is subdivided into building. Repurposing the existing Flow will be measured using new three (3) main sections for coarse 24-inch MLE piping allows the team level transmitters that will measure screening, grit removal and fine to avoid several major underground the tank's rate of change during inflow screening. There are also influent obstructions.At the pretreatment and outflow. and effluent channels upstream and building, the 24-inch former MLE downstream of each section. The final piping will ultimately connect back d. Permit Requirements effluent channel also has a splitter into a new 36-inch manifold,which The Haskell-AECOM Team has box for distribution of flow to the MLE connects into the existing orbal provided a description of required treatment trains, oxidation ditches and influent manifold and distributes flow permits on page 3 13. flow to/from the equalization basins. to each basin. Since this tie-in location Each section of the headworks occurs before the orbal flow meters, 2. Description of has four(4) parallel treatment units they do not need to be replaced. Recommended designed for a total capacity of 90 New bypass piping and valves will Improvements mgd with one(1) unit out of service. be provided for each orbal basin flowmeter. The washpresses and dumpsters a. Site Layout for coarse and fine screenings, The connection to the equalization The location of the new headworks as well as the odor system, are basins will be provided by a new will be in the stormwater retention located at the north side of the new 42-inch gravity line and new 24- area east of the operations building headworks structure to provide easy inch pressure pipe from the new The layout of the proposed facility access from the existing roadway headworks to the existing equalization is shown on the proposed site plan on the north side of the retention piping at a point northwest of the rendering on page 3-1. To facilitate basin.A new prefabricated electrical existing headworks facility. The design connection to existing influent and enclosure, standby power generator effluent pipes, flow through the Hot Taps at Collection Sytem Tie-In Eliminates Bypass Pumping Risk i . „ ; r 40110 HASKELL I WE CREATE THINGS THAT MATTER 3 - 6 1F SECTION 3.O - TECHNICAL INFORMA ON and utility-owned transformer will In-line electromagnetic flowmeters reject water pipeline to the headworks be located to the east of the new (magmeters)will measure influent influent. This magmeter will be above headworks structure, as shown on flow rates and transmit the data grade with a buried bypass and will the proposed site plan rendering. through SCADA. Magmeters will be measure the flow from the revamped Existing stormwater that drains into installed in each influent forcemain plant site pump station, as well as any the retention basin will be diverted to and located above ground to facilitate reject water flows. Combined with the the existing retention basin south of operator access near the southeast two(2) influent forcemain magmeters, the new headworks facility. corner of the new headworks every flow source entering the structure. headworks is monitored. b. In fluent Flow Measurement A bypass pipeline for each c. Two-Stage Screening The ability to meter all influent flowmeter will be included and flow into the NCWRF is a critical buried underground below the Screening plays a critical role in improvement that will be incorporated any wastewater plant by removing flowmeters, isolated by valves. into the new headworks facility. debris and materials that would Additionally, a new magmeter with Accurate influent flow measurement be detrimental to downstream bypass piping will be installed on is not possible within the existing equipment and discharge water the reject water force main, in a new headworks building and piping section of pipe that connects the quality. Our team has included reliable configuration, but with a new and appropriately sized screening pipeline to the headworks structure. headworks facility and new influent With our new headworks facility systems located before and after piping, all flow sources entering the design, the County will have accurate the grit removal system. Both sets of headworks facility will be measured and instantaneous flow measurement screening systems include a process and totalized through the plant for all influent flows. train unit in accordance with 10-State SCADA system. Standards and are designed to A new magmeter will also be installed simplify operator maintenance and on the new piping connecting the access. Early Coordination and Tie-Ins to Remove Schedule Risk .ter illif it � d, a �. yrx ' t v a, M1 I!ASI<EI_L_ I WE CREATE THINGS THAT MATTER 3 "" 7 CA 0 1 1 F SECTION 3.0 - TECHNICAL INFORMATION The four(4)influent screens will be similar to the influent screenings recessed impeller, vortex-type pumps situated in channels at the eastern disposal. The washpress compactors specifically designed to pump grit end of the new headworks structure are located outside the headworks slurry. immediately following the influent structure on a concrete pad. channel. Influent screening will Each grit pump will discharge to be provided by four(4)6-mm d. Grit Removal a dedicated grit washing and mechanically raked perforated plate HeadCell grit removal is one of the dewatering system provided by Hydro International. The combined screens. The stainless steel screens best removal technologies available, will remove all particles and rags but it can introduce a significant units are located on the top deck greater than 6 mm in diameter and amount of headloss to a wastewater of the structure in proximity to the discharge them to a common sluice stream. Our design includes a double HeadCell units. In our design, water trough. The sluice trough conveys drained from the units is returned effluent weir for each grit removal washwater flows from the screenings by gravity directly into the influent system to minimize the impact grit channel, which eliminates the down to a pair of washpress of headloss for peak flows while compactors for disposal.The influent maintaining excellent grit removal. need for a pumping system. Washed screen washpress compactors are and dewatered grit is carried up located adjacent to the headworks Immediately following the influent the conveyor system before being structure on a concrete pad for coarse screening, four(4) Hydro deposited into covered grit dumpster operator access. In accordance with International HeadCell units will bins(furnished by owner), located the DCP requirements and clarified in remove grit particles from the waste outside the headworks structure at Addendum 3, each screen is sized to stream. The units are arranged side grade level. HDPE chutes will be handle 30 mgd, for a total hydraulic by side, but our design configuration provided from the classifier discharge capacity of 90 mgd with one(1) allows for a double weir along the into the bin, to eliminate spills and screen utilized as a standby unit. Two effluent side of the HeadCell, which minimize odors. (2) new washpress compactors will be reduces headloss through the new A key operational component that provided to handle material removed headworks. The four(4) HeadCell was determined to be important from the influent screens.The two(2) units are 12 feet in diameter and by NCWRF staff was the ability to washpress compactors are sized to located within a 16 foot x 16 foot bypass screened influent around the handle peak flows and discharge to space. The units are sized to remove grit system. Two(2)grit removal a covered (for odor control)dumpster 95%of grit particles greater than 106 bypasses are included in the for waste removal, provided by the microns at the peak flow of 90 mgd, design to meet the 85-mgd bypass County's waste removal vendor. The as required by DCP Table 3.6.2.A. requirement in DCP Table 3.6.4.The covered dumpsters will be provided This includes 85 mgd of the peak bypasses are an empty channel that by others. wastewater flow and approximately 5 connects the influent screenings mgd for internal plant recycle water. effluent channel to the second-stage In anticipation of a future MBR At a hydraulic rate of 30.6 mgd,the at the NCWRF, second o fine screenings influent channel. For processunits can remove 95/0 of grit particles stage fine screening will be provided greater than 95 microns, as required ease of operation the grit bypass by four(4), 1 mm drum screens. channels will be controlled by by the DCP Table 3.6.2.A. The drum screens are located motorized gates, which connect to downstream of the new HeadCell A dedicated grit pump will be SCADA. This design will allow for an grit removal units and are each sized provided for each HeadCell unit and operator to bypass screened influent for 30-mgd hydraulic capacity,which will be located underneath the water flow around the grit and fine screening is required to meet the hydraulic channels on the grade level of the process remotely from the SCADA DCP requirement in Section 3.2 structure to minimize the required system. and clarified in Addendum 3. Drum facility footprint.The pumps are Grit slurrypiping will be cement- screens situated on concrete pads to lace p p g are immersed in channels p lined ductile iron pipe, sized and and include a sluice trough to two(2) them 3 feet above the 100-year routed to convey a grit slurry without washpress compactors for disposal, flood level. The grit pumps will be causing blockages or pressure spikes. HASKELL I WE CREATE THINGS THAT MATTER 3 - 8 OW SECTION 3.0 - TECHNICAL INFORMAlJNI F Influent gates to each HeadCell DCP. In addition, process equipment, By reusing the current wet well, unit will be 316 stainless steel such as screens and grit classifiers, all existing drainage piping to the and motorized for SCADA control. will have covers with connections for pump station are preserved, which The HeadCell units are positioned the odor control system to draw off eliminates major drain piping costs. in an arrangement for equal flow odorous air, so that the equipment will Drainage from the new headworks distribution. Modulating the influent always be under negative pressure. structure will be conveyed to the wet gates to balance flow will not be Duct connections with flexible well utilizing an existing internal plant required in our design. ductwork will also be provided at the drain system. The new pump VFDs screenings and grit container area will replace the existing VFDs in the e. Odor Control to allow drawing off odorous air from pretreatment building electrical room The odor control system for the the container area or from under and will be powered from the existing new headworks will use a bio-trickling container covers if covered type motor control centers(MCC) in the filter tower consisting of synthetic containers are used. existing headworks electric room. media in a fiberglass tower to attain the 99% H2S removal and 95%odor f Plant Pump Station g. Proportioned Flow removal specified in the DCP.The The plant pump station for the new Diversion to Equalization H2S levels at the bio-trickling filter inlet headworks project will repurpose Tanks are predicted to be 500 ppm average the existing plant site drain pump The County currently utilizes three and 1,000 ppm peak.At these high station No 1. This pump station (3)aerated flow equalization tanks H2S levels, the bio-trickling filter is currently receives drainage from the at the NCWRF, each having a total the recommended control technology, existing headworks building drains capacity of 1.5 mg. Under current as it will not require a new, costly and receives drainage from various operations, these tanks are typically chemical feed system and large locations around the site.All new used on a daily basis to equalize chemical storage tanks. drainage from the new headworks higher flows that occur during daytime structure will be routed to this station hours and slowly bleed this flow back The bio-trickling filter system utilizing the existing drain network into the process when flows subside, consists of a round FRP tower. The on-site. By repurposing the existing generally during night hours.A similar system includes an exhaust fan pump station,the team is able flow equalization capability will be with sound enclosure, recirculation to eliminate a costly new pump retained. pump, control panel, nutrient storage station installation and more tank and nutrient pump. Odorous air Under this project, a motorized importantly,eliminate rerouting passes vertically upwards through deep existing gravity drain pipes. overflow weir gate will be provided the tower and the media bed, while to passively control flow distribution irrigating water passes vertically The project will replace the two(2) from the effluent distribution box to the downward through the media. The existing 85-HP pumps and VFDs equalization system. Operations staff bio-trickling filter will be sized for with new 110-HP pumps sized for will have the ability to monitor water approximately 5,000 cubic feet per the appropriate flow. The pumps will level in the drop box downstream minute of odor control air to comply fit into the existing wet well and will of the fine screens and remotely with DCP Table 3.7. reuse the existing valves and piping adjust equalization weir level to network. Minor piping modifications control the volume of flow sent to The odor control system will utilize will change the discharge from this equalization basins as desired. fiberglass ductwork to draw odorous station to either the influent box to Once flows subside and it is time to air from the head space under the the new headworks or the effluent of return flows from equalization to the channel covers and the HeadCell the headworks. New magnetic flow process, the weir gate can be raised covers to minimize fugitive emissions meters,with bypass piping,will be to prevent overflows from the drop of odorous air. The air flow rate will installed to measure the discharge box to equalization tanks. The existing provide 12 air changes per hour in flow from the plant pump station. pumped equalization return system the head space above the water and would then be utilized to return flows under the covers, as required by the to the new headworks facility where HASKELL I WE CREATE THINGS THAT MATTER 3 --- 0 SECTION 3.0 - rFCHNICAL INFORM n_ N 1F they would overflow the equalization on respective capacity of each 5. American National Standards weir and be returned to the drop box downstream process train. Water Institute (ANSI) for distribution downstream. level in this channel downstream of 6. National Fire Protection the fine screens will be monitored Association(NFPA) h. Flow Distribution to and operations staff will have ability Treatment Trains to remotely adjust each respective The headworks facility will be provided Flow from the new headworks facility weir elevation to distribute flow with a new utility service from FPL.A will be distributed to downstream downstream as desired. Downstream utility provided transformer will step secondary treatment processes, of the outfall weirs and individual drop down the utility distribution voltage to consisting of three(3)aeration basins/ boxes will be provided with effluent the 480 VAC/3 Ph facility voltage. oxidation ditches and three(3) MLE piping to each of the secondary The main distribution point for the new trains. Flow distribution to an existing processes. New piping will be Headworks structure will be a 480 equalization system will be provided provided to the identified location VAC, 3 Ph, 3 W switchboard named as described previously. on the site where they will connect SWBD-05.The switchboard will be into existing yard piping. Flow will be provided with a main circuit breaker, Flow from the new headworks effluent measured to each aeration basin and power monitoring, surge protection, channel will overflow a series of MLE train using the existing magflow feeder circuit breakers and an integral motorized weir gates sized based meters. automatic transfer switch (ATS). The Stop logs will be ATS will transfer power from the FPL Delivery Routing provided for each size of service to a standby diesel generator in the event the utilitysource is lost for '� � gate to allow for isolation `& r of the channels and increased facility reliability. In addition 4. drop boxes to allow for to the diesel generator, a manual ilkik, • "j,"" transfer switch will be provided on the �40` c periodic maintenance. ,IM' electrical building exterior wall that will allow the connection of a portable ,�,.� �►,_� � i. Plant Electrical ._ , ' '' 1—t1 N Systems generator in the event the local diesel � �-M ._`. , � '. generator is out of service. The Z -I ' . The electrical design '� � <� �� diesel generator will be provided in a " i ► will be provided in 4 F "°""°w°"°F°""Y weatherproof enclosure and will be . .a r' x accordance with the __ mounted on a diesel belly fuel storage ""��p�,�� - requirements of the '�i r !" '. '1 i ( tank. The belly tank is sized for 120 °, DCP, local codes and hours of continuous operation at peak the latest versions of " "` k load. ". • the following referenced 11 t standards: The main switchboard will distribute 480 VAC/3 Ph power to process ' �i "'` 1. Florida Electrical Talk, ��w .. . equipment and downstream 480- ' MINIIIII Code 208/120 VAC dry type transformers. �, _ 2. National Electrical t ,° �� The transformers will feed a 208/120 / � Code VAC panelboard,1�(��11 which will be utilized ,...... 3. Underwriter as the main distribution point for T p°.ryP°xv,o a9urytrpmT.mp Laboratories, Inc. lighting, receptacles, HVAC and other 4. National Electrical L.,d° miscellaneous 208/120 VAC loads. &Fac1110e. • Manufacturers „, =... ....... '. Association Electrical Enclosure.A prefabricated • (NEMA) electrical enclosure is provided to house the new switchboard, 4. °". °n Traffic Pattern equipment PLC cabinets, distribution F-ASKELL I WE CREATE THINGS THAT MATTER 3, iiiii 0 1 1F ;ECTON,i 30 IrIF .AA.Tlor.! panels and other electrical gear. • Underground Duct Banks— Electrical System Study.A study of The enclosure will be assembled Schedule 40 PVC the new headworks electrical system offsite and delivered to site once consisting of a short-circuit analysis, underground cabling is installed. Wires and cables for 600-volt power protective device coordination and Utilizing a prefabricated enclosure circuits will be copper, thermoplastic, arc flash hazard analysis will be reduces the electrical schedule high-heat resistant nylon coated rated performed. Care will be taken to without reducing the quality at 75°C with thermoplastic insulation mitigate arc flash hazard levels of the product.The enclosure and nylon jacket. They will be cross and coordinate protective devices is air conditioned and a NEMA 1 linked, high heat, water resistant to ensure the safety and improved classified space. By locating the insulated wire for#6 American reliability of the system. vendor equipment PLC panels inside wire gauge and above. Wires and the electrical enclosure, the team cables for control circuits will be Based on the results of the study, minimizes the amount of explosion single-and multi-conductor cables, arc flash labels will be provided for proof electrical gear on the process copper conductor Class B stranding. electrical equipment as required deck. Shielded cables for instrumentation by the National Electrical Code wiring will be stranded tinned copper and in accordance with NFPA 70E, Area Classifications.Areas of the conductors, size 16 American wire Standard for Electrical Safety in the facility will be classified in accordance gauge. Workplace.A report will be provided with the latest edition of the National summarizing findings and providing Fire Protection Association 820: Fire Motors. Motors will be NEMA recommendations for protective Protection in Wastewater Treatment premium efficient type and will comply device coordination prior to final with the latest NEMA standards. and Collection Facilities. design. Motors driven by VFD will be inverter Support Systems. Lighting systems duty rated and suitable for VFD An electrical system study will not be and receptacles will be provided for applications. Motors will be provided performed for the existing electrical the headworks facility. Indoor and with local disconnect switches as distribution system. outdoor lighting shall be LED type. required by the National Electrical Outdoor lighting will be full cut-off Code. Constant-speed motors will j. Building Design Dark Sky compliant with the ability to be provided with local RUN/OFF/ General.All structures will be be controlled by the SCADA system. AUTO control stations. Variable-speed designed in accordance with the 2017 motors will be provided with local Florida Building Code which adopts Lightning protection will be provided emergency stop pushbuttons. the 2015 International Building Code for the headworks structure and the electrical building in accordance with Variable Frequency Drives (VFD). (IBC)/ASCE 7-10. the DCP requirements. VFD units will be insulated gate, Headworks Structure.The new bipolar transistor type with all headworks will be an open, two- A grounding system for the appurtenances in one (1) integral headworks and electrical building will story concrete structure with access lineup. Free standing drives larger openings at the first-floor level. be provided and consist of copper than 50 HP will be 18-pulse type.A Elevated floors shall be designed for conductors, ground rods, raceways harmonic analysis will be performed and connections in accordance with the equipment loads being supported for new equipment to ensure that the as well as a 250 pounds per square applicable codes and standards. harmonic levels generated are within foot uniform load. Concrete channel Electrical Materials.Conduit the limits indicated in Institute of walls and floors will be coated to the materials will be provided in Electrical and Electronics Engineers top of the wall to provide protection accordance with the following: Standard 519, Recommended from the H2S gases. In addition, the Practice and Requirements for exterior of the concrete structures • NEMA 1 —Rigid Aluminum Harmonic Control in Electric Power will be painted to match the color of • NEMA 4/4X—Rigid Aluminum Systems. nearby structures. • NEMA 7(Class I, Division 1/ Division 2)—Rigid Aluminum HASKELL I WE CREATE THINGS THAT MATTER i 1 1 F SECTION 3.0 - TEcliNicAL INFORMATION Electrical Enclosure.The electrical be provided with vendor-furnished The proposed instrumentation and enclosure will be a prefabricated PLC-based control panels to monitor control system will be presented to the fiberglass or metallic electrical and control each respective piece County in design submittals, including building on a concrete foundation at of equipment. These PLCs, 15 in P&IDs, system architecture diagrams grade above the 100-year flood. The total, will be connected to new data and control descriptions. Based on enclosure will be climate controlled to concentrator PLC via an ethernet the completed design documents, the protect the electrical equipment from switch located within the PLC cabinet. control system and instruments that heat and humidity. Operators will be able to interface will be provided will be documented. with the new processes at operator The configuration of the PLCs, human Architectural. Operator access and interface terminals(OITs)provided machine interface(HMI)graphics, personnel protection will be provided at the new PLCs, as well as at the trends and reports will include input in accordance with the building existing SCADA workstations in the from the County obtained during codes. Exterior stairs and railings will control room. design workshops with County key be aluminum. Exterior doors will be staff during construction. fiberglass for corrosion resistance and Revere Control Systems will act as windows will be aluminum with impact the system integrator for this contract. I. Permits glass. Revere Control Systems is one of the County's approved integrators and The following permits will be required Structural. Concrete tanks will has performed numerous upgrades for the design and construction of the be designed as watertight liquid for water&wastewater plants in new headworks facility: containing structures in accordance Collier County. Through these Y g Building Permits. Building with ACI 350 using Class A concrete upgrades, our teas has developed a p9 p permits, organized by discipline for with a 4,500 psi compressive strength deepunderstandingof the SCADA construction will be submitted to the and a water cement ratio of 0.42. system standards the Countyhas Y Collier County Growth Management Equipment foundations/pads will adopted for the treatmentplants and p Department(GMD)for review and be Class B concrete with a 3,000 the remote sites.The knowledge approval. Design drawings will be psi compressive strength and water and experience will be leveraged signed and sealed by the design cement ratio of 0.50. throughout the duration of this 9 engineer licensed in the State of Building Mechanical. No building contract. Florida. mechanical services are required As the system integrator, Revere Y g Site Development Permit.The for the headworks building due to Control Systems willprovide and Y existing site development plan (SDP the open structure. The electrical configure the SCADA hardware and g 92-140)will be modified through a enclosure will be climate controlled to software and the instrumentation protect the electrical equipment from site development plan amendment for these process upgrades. The to account for the addition of the heat and humidity. SCADA technologywill proposed proposed headworks building. meet the Collier County Public Utilities k. Facility Instrumentation The overall site improvements will System Department SCADA Standards, be evaluated to account for truck including the use of Allen Bradley access, fire access and protection, Monitoring and control of the ControlLogix PLCs and iFIX HMI landscape architecture requirements, new headworks equipment and SCADA Software. site lighting requirements and other appurtenances will be provided Indust standard instrumentation operational considerations associated through a new PLC-based control Industry -standard process variables, with the new NCWRF headworks measure panel located in the headworks such as flow, level and pressure. building. It has been assumed that electrical building. This PLC will Instrumentation will be provided in the landscaping requirement will act as a data concentrator and accordance with the County's SCADA be limited to grading and sodding. communications supervisor connected Y standards, such as ethernet output No plantings have been included. It on to the plant's existing SCADA network p has been assumed that the existing via fiberoptic cable. Most of the all flowmeters. fire hydrant layout is adequate and proposed mechanical equipment will HASKELL 1 WE CREATE THINGS THAT MATTER 3 """ 12 ibi • ,[.,-.T )PJ 3 0 TI�.HN';AL.. IPJf O,,,, ..K P F no additional hydrant is needed.A of exemption will be submitted Stormwater Management/ERP preapplication meeting with Collier to the FDEP for the new (Modification of Existing Permit County Community Development headworks odor control facility. 11-0189294).The stormwater and Engineering Services will be The design of the facility will limit management system for the NCWRF conducted prior to official submittal the discharge of pollutants so will be modified to relocate the of the site development plan that a permit is not required. The existing shallow stormwater dry amendment. This meeting will allow County's existing odor control detention area east of the existing the County reviewers the opportunity facilities at the NCWRF do not operations building to the south to provide insight as to how the have permits and are exempt. of the existing MLE basins and project will be reviewed as well as an A letter will be submitted to odor control systems. The existing opportunity to receive guidance on the FDEP to request an official NCWRF stormwater management potentially difficult permitting issues. determination of exemption and system environmental resource As part of the official site development our team has assumed that the permit will be modified through the plan amendment submittal, an exemption will be granted. FDEP in accordance with the Florida engineer's report, engineer's opinion ♦ Emergency Generator- Administrative Code. of probable cost for the site related FDEP Notification of Engine items, engineering checklists, Classification.The new The U.S. Fish and Wildlife Service associated applications, owner standby power generator will (FWS)will be consulted under the disclosure of interest form, boundary be designed in accordance with Endangered Species Act.A field survey, addressing checklist and other U.S. Environmental Protection survey letter report will be prepared required documents will be generated Agency(EPA) National Emission evaluating potential impacts to and included in the submittal.An Standards for Hazardous threatened and endangered(T&E) architectural plan showing the north, Air Pollutants(NESHAP) species and habitat. It is possible that south, east and west building profiles, for Stationary Reciprocating a Florida bonneted bat limited roost with a color drawing and paint chip Internal Combustion Engines survey will be required. However, selection will be provided by the (RICE).Although the County T&E impacts are assumed not to exist project architect and included as part has an established Load based on developed project area and of the submittal. Sharing Agreement with FPL, will be approved by the USFWS. the existing generators at FDEP. Several FDEP permits/ the NCWRF are classified as 3 Demolition, notifications will be required as emergency. Consequently, the Repurposing and follows: new generator is also expected Enhancements • FDEP Permit for Wastewater to be classified as emergency. System Components.A The official classification a. Plant Pump Station permit application for the for RICEs is subject to the The existing plant site pump station new headworks and ancillary determination of delegated No. 1 will be repurposed to accept facilities will be submitted to the authorities such as state, local or drainage from the new headworks FDEP after completion of the tribal agency. In Collier County, structure, while still maintaining the preliminary design report(PDR). the official classification is drainage points from various locations The PDR will establish the determined by the FDEP.A letter around site. By replacing the pumps basis of design for construction will be submitted to the FDEP within the wet well,the pump station of the project.A notification of to request official determination can accept all new drainage flows completion on construction for of engine classification. Our from headworks equipment without wastewater facilities and record assumption is that the new needing to install a new pump station drawings will be submitted after generator will be classified as and reconnect new drainage piping. final construction. emergency and approved by the • Odor Control Air Permit- FDEP. Notice of Exemption.A notice HASKELL I WE CREATE THINGS THAT MATTER 3 —13 CAO SECTION 3.0 - TECHNICAL_INFORMATION b. Yard Piping Enhanced estimated peak hourly flows are determined from projected annual Through our team's strategic use of Technical Features hot-taps and valuing the proposed average daily flows multiplied by a yard piping design, it provides the a. Reduced Capacity peaking factor of 3.0.The peaking County with the flexibility to retain the Headworks factor is conservative and exceeds existingheadworks facilityfor backupthe value based on service area Another major tenant of the population and formula presented service, should the need ever arise. County's guiding principles is in the GLUMRB Recommended service responsibility.The NCWRF Standards for Wastewater Facilities 4. Community Impacts/ Headworks facility is being developed (i.e. 10-State Standards). Public Outreach using public funds and therefore A major tenant of the Collier County belongs to the customers of CCWSD. The chart shows the estimated Public Utilities Department guiding Accordingly, public funds are to flow contribution from each of the principles is its Good Neighbor Policy. be spent wisely and transparently subregions within the County's North The development and implementation providing exceptional value and timely Service Area, including flows that may of the NCWRF Headworks project will service to present and future CCWSD be diverted from the South Service be provided in a way that is respectful customers. Area to account for a projected treatment capacity deficit at the of the needs of surrounding and In the spirit of the County's guiding SCWRF. The estimated flows also adjacent neighborhoods for a safe, principles and service responsibility, include the Golden Gate and Orange clean and non-disruptive environment the Haskell/AECOM Team is Tree sub regional service areas. to the fullest extent practicable. Our proposing an alternative technical However, it is our understanding local team knows that the key to concept(ATC)for the design of the o be a good neighbor in construction project. Under our proposed ATC, we diverte the Countyy ish not planningubrei n isgood communication that flow from these sub regional believe the County can safely build a service areas to the NCWRF, which minimizes or eliminates surprises new headworks facility with a design would further reduce the required to residents and the public.We flow rate in the range of 60-65 mgd capacity of the new headworks have already created a public that would have suitable capacity for facility. Lastly, the chart also shows information and outreach plan for this the estimated peak hourly wastewater the projected hydraulic pumping project, which is explained in more flows through the year 2040 based detail on page 1-6.Alongwith clear capacity for pumping peak hourly flow P 9 on current population and wastewater to the NCWRF, including the existing and constant communication with flow projections. The proposed ATC eastern interconnect with MPS 104 major stakeholders, our local team is based on analysis of historical in operation and the future western will be proactive in managing noise, and projected wastewater flows for interconnect pipeline and upgraded dust and traffic control patterns. We the North County Service Area and will alsoprovide residents with contact master pump station 309.00 or pump hydraulic modeling performed by station 309.09. We estimate the information for team members in case our team on the maximum pumping of anyemergencies or concerns. current peak pumping capacity to be g capacity that can be discharged from about 35 mgd. the pump stations,which convey flow 5, Compliance with to the NCWRF. Our proposed ATC would be County Standards accomplished by a reduction in the and Operational The chart below illustrates the number of parallel treatment units for Requirements projected NCWRF peak hourly coarse screening, grit removal and flows through the year 2040 and is fine screening from four(4)to three a. Equipment List based population and wastewater (3). Each of the remaining treatment flow data presented in the Revised units would be similar in capacity Please reference the equipment lists P y 2019 Water,Wastewater, Irrigation at the end of this section. to their current size. In addition, the Quality Water, and Bulk Potable overall size of the new headworks Water Master Plan/CIP Plan Update structure would be reduced by for the Expanded CCWSD.The approximately 25%as compared to HASKEL.L.. I WE CREATE THINGS THAT MATTER 3 •'•'14 CAO SECTION 3.0 - TECHNICAL INFOL/14 the structure sized fora capacity of and saving 15-20%on capital It is understood that dual stage 85 mgd. The estimated cost savings investments, which eliminates screening is desired by the County associated with this ATC is significant. the operational risks of the to plan for the eventual conversion of existing headworks that much this facility to a membrane bioreactor Advantages of the ATC.The ATC to sooner. (MBR) process. Our current design revise the peak hourly capacity of the includes 6mm stage 1 screening new headworks to the range of 60-65 If the County does feel that a facility followed by 1mm stage 2 screening. mgd will result in several advantages sized in accordance with DCP flow is The equipment cost for these second to the County, including the following: necessary, then a sub option to that stage screens is significant and is described above could be phased driving up the overall project cost, • Provides significant capital cost implementation. The structure itself savings as described in our cost possibly beyond the County's current could be constructed for the full budget for a new Headworks.Another proposal and exceptional value capacity stipulated in the DCP, but to CCWSD customers. cost saving idea is to plan for the installed equipment could be phased addition of the stage 2 screens ♦ More efficient utilization of public to meet mid-term projected needs funds by"right sizing"the facility but not actually install them at the with additional equipment added as current time.A structure could be to handle peak hourly flow over necessary. It is our opinion that a the next 20 years. designed and constructed with the facility fitted at three/quarter capacity appropriate configuration to easily • Reduced construction time would serve the County for the associated with a smaller add the stage 2 screening equipment foreseeable future while still allowing at a future date, thereby deferring facility and less equipment. for easy expansion as necessary. We anticipate saving 15-20% this cost until the screens are needed on the construction schedule to support downstream treatment North County WRF-Estimated Peak Hour Flows (through the Year 2040) 90 DCP peak hourly design flow:85 MGD 80 70 Estimated peak hourly flow:60-65 MGD 60 SQ -. 11 , 1116 'i, Sri Y5^ S +w Current estimated pump capacity:—33 MGD 30 20 10 00'L OOM „p,.00�OOb�1 6§,6§Q O,�O O,�'ti O,�`l- .;)0.�0.O,ti`o O,�b 0.<1 0.�b O.�A O,yO O��0,1 O.yS OryA O,y�O1%°0,11 0,1�O�q On�O O,�'ti O„�`L 00'�e O�5 Orb ,\ ,b`` ^F)OpO rV ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti 1 ti ti ti ti ti ti ti ti ti 1 ry ti ti ti ti ■NCSA PHF ■OTSA PHF GGSA PHF ■SCWRF Deficit SCSA Diverted PHF HASKELL I WE CREATE THINGS THAT MATTER 3 —15 CAO 1 1 F SECTION 3.0 - TECHNICAL_INFORMATION needs. Deferring this work would Identification and securing our work B. Line taps of the three(3)MLE reduce operation and maintenance for areas will be done through the use of lines that will done through plant this equipment.The proposed 6mm fencing, barricades or orange fencing work arounds. It is anticipated we stage 1 screens followed by Headcell to ensure employees know where the will perform one(1)tap per week grit removal is industry standard for work area is. until complete. the current downstream secondary process and would provide robust pre- Gates will be labeled and signs C. Installation of piping from the treatment for County wastewater. will be placed at each entrance, if forcemain hot taps and MLE line allowed by Collier County, notifying taps to the influent channel of the visitors that they must check in at headworks. • Construction the Haskell-AECOM office prior to Matters entering the construction area. Craft D. Line taps of the equalization parking has been planned for near the supply and return flow lines. 1. Site Access and office compound to separate private E. Installation of the piping from the Security vehicles from the work area. This equalization line taps to the future allows the Haskell and subcontractor MLE pipe that will be used to feed Site security is maintained by the management staffs to observe the Collier County security personnel the orbal aeration tanks,where the activities of craft workers as they future MLE pipe will be tapped. through the perimeter fencing and the proceed to and from the site for daily use of badges for site access. Based work activities. F. Completion of the equalization on our current construction schedule, pipe and orbal aeration tank we anticipate 20-30 craft workers on 2. General Sequencing feed pipe to the new headworks site during peak construction (six-to structure. nine-month period). Our team will Construction of the project will begin have a plan that is developed with with our team arriving on site to G. Modify the existing orbal aeration Collier County's security team. Our establish the temporary trailer and tank piping east of the existing initial approach involves the following: storage facilities along with upgrades headworks. to a some existing, graveled roads • Accessing the site via the to asphalt pavement, which will be H. Installation of new bypass piping at existing gate on Goodlette Road used to reroute the on site plant traffic the existing flow meters. • Visitor log that tracks every duringconstruction. Our team will also I. Modifications to the existing person working on site, relocate or modifythe storm water master plant pump station. irrespective of their duration system in the dry retention basin east working on site, including of the existing operations building. It J. Backfill of the dry retention basin delivery drivers is anticipated this sequence will take east of the operations facility, • Security badges obtained from four(4)to five(5)weeks to complete. which may start after Step F. the County for anyone working Our construction sequence, which will on-site longer than two(2) K. Foundation,wall and deck be reviewed in detail with the County, weeks construction of the headworks. will generally consist of the following Haskell is prepared to work with strategic steps: L. Set process equipment, Collier County to develop a process A. Hot taps at the existing forcemains prefabricated electrical enclosure that makes this seamless to the and odor control equipment. that will provide the point of security team. Employees on-site less connection for the new headworks. M. Mechanical/electrical installation than two(2)weeks will require an These hot taps will be coordinated p at the new headworks, electrical escort by personnel with a badge. with the County to ensure they do enclosure and odor control Identification of where our employees not impact the system operations. facilities. are allowed to access on-site will It is anticipated we will perform be done through the use of a site one (1)tap per week until orientation. complete. HAsKELI-I WE CREATE THINGS THAT MATTER 3 --' 1 1 F SECTION 3.0 - TECHNICAL INFORMATION N. Functional testing of new process 4. Dust, Noise and Odor mitigate potential fugitive dust. equipment and backup generator Control Our current design does not system. have a large amount of earth- The Haskell-AECOM Team's design- moving operations, but we O. Fresh water testing of the new build package is confined only to the have already built in concepts headworks. site itself; however,we recognize the to address dust control,which P. Transfer of influent flows to the need to be diligent in working with the include: new headworks by opening the local community to be good partners. • new influent valves and closing the Our efforts start with a construction Limiting construction traffic existing valves. environmental control plan that will on-site to 15 mph. be in place prior to the start of work • Paving temporary access 3. Maintenance of Plant on-site,with a focus on the mitigation roads, as shown in our site and monitoring efforts we will use logistics plan. Operations Use of water,when needed, to eliminate or mitigate construction • Shutdowns/Bypass Pumping. noise, dust control and traffic impacts. to wet the construction area The Haskell-AECOM Team does Our plan will adhere to the RPS and or backfill material prior to not anticipate any plant shutdowns the DCP, and we will work with local starting work. When needed, that will require bypass pumping. agencies to ensure we understand our team will look at using We do anticipate that there will be their requirements as well. Highlights a chemical suppressant to some effort to assist the County with of our plan include: stabilize stock piles of soil draining of existing lines after they on-site. have been flushed by the County. • Noise mitigation plan prepared • Hazardous material plan by an acoustical engineer in that our team will use to Process Interruptions.The Haskell- accordance with DCP Article identify potential hazardous AECOM Team does anticipate tie-ins 4.5.2 that will identify potential materials that may be that will require the County to divert noise sources, methods to encountered and how these process flows around existing lines we mitigate or eliminate them, will be addressed.The are tieing into during our time on-site. a point of contact for noise DCP did not identify any Based on our knowledge of the plant complaints, an outreach plan hazardous materials on-site, and previous experience with these to engage the community on but our team will work to types of ties, we would expect for the upcoming work and a clear identify any potential sources most part that these would be routine understanding that everyone during the design period. in nature and will require shutdowns working on the project knows One potential source could less than 24 hours. Our team they can stop any work that be the existing plant master understands the challenges these is outside of the plan. Noise pump station VFDs that need types of process interruptions will emissions issues are not to be replaced when upsizing cause, and we will develop a detailed anticipated during construction. the master pump station plan for each during the 30%design The Haskell-AECOM Team will pumps. phase that addresses the following: establish a noise test plan to monitor construction activities • Traffic control plan that • Identification of process that will meet the DCP and to ensure identifies routes for major be affected noise during routine operations deliveries that will mitigate • Scheduled date do not exceed the DCP impacts to the neighborhoods • Interruption duration requirements. Our approach will and businesses surrounding • Detailed work plan that be proactive, not reactive. the site. For this project,we will identifies the labor, material • Dust control plan that will guide construction deliveries and equipment needed for the comply with DCP Article 4.6, to the Pine Ridge Road exit shutdown which identifies potential sources from 1-75,which will encourage of dust and how to eliminate or right hand turns into the site and avoid slowing down the HASKELL I WE CREATE THINGS THAT MATTER 3 --17 CAU SECT[ON 3.0 FEiC!!NICAIT!f-L'. ETION southbound traffic patterns on 5. Project Closeout, to be resolved early when change Goodlette Frank Road. Startup, Training and is relatively inexpensive, provides a ♦ Odor Control Plan.The commissioning forum for designers and operators Haskell-AECOM Team does to discuss plant operation and not anticipate odor control The Haskell-AECOM Team will functionality and gives the operators from construction activities to provide a startup and commissioning an early understanding of how the be an issue, but we will keep plan for the County to review during changes to the plant will work and an eye on this in a proactive the 60%design process. how they will interact with it. manner to ensure we are good The commissioning process begins stewards to the community. 6. Coordination with During operation of the new at project conception and continues Other Projects through final completion. The end headworks, a new biological odor control system will be product is a documented, safe, The Haskell-AECOM Team is adept at installed for the collection and orderly and systematic startup and working on projects with multiple firms treatment of odorous air emitted commissioning plan for the individual present. While challenging at times, from the new headworks.All equipment and overall system. the key to this is open, transparent channels and equipment within Throughout the commissioning communication on activities that will the main sewage flow path process, we will work with the plant be executed on site with logistics will be covered and ventilated operators to plan and schedule plans that are detailed enough to at 12 air changes per hour to the our activities to ensure the convey when,where, and what we the odor control system. Grit plant maintains reliable operation will be working on. Our proactive and screening containers will throughout the construction stage. plan to immunize headaches these also be ventilated to the odor challenges may create for the County Safety is also integrated into all control units to minimize odor is to host a monthly meeting that commissioning and startup work emissions from these areas.As addresses the when,what, and where practices and is guided through a with our approach on the noise, comprehensive set of core safety other work is planned or is being the Haskell-AECOM Team will and health processes that combine executed at the plant site. These establish a plan for testing of technical field procedures with monthly coordination meetings, which odors prior to the plant beginning ongoing training programs. In addition, have been used in the past, provide operation to ensure a proactive our commissioning specialists all parties the opportunity to review approach is used. manage the commissioning lock out/ and discuss their respective scopes and are invaluable to avoiding scope tag out program. During our design gaps or duplication of work efforts, review process with the County, which ultimately reduced the number we will set aside time to discuss in of headaches and cost of the work to detail the startup and commissioning the clients. activities, which allows potential operations and maintenance issues HA.SKELL I WE CREATE THINGS THAT MATTER 18 11 1 F \: ), \ E | | ) j,T p, . § a!g ■E ! pm / ;/ !( Q. ) - ! / ] ! . [ _ g• � ; A \- qg ag �62 \ / / � q � !°F fz 2 \ Z® ` / ` 2 \} } § H §; j§ H|§ ! T E : _ | ■ | §| [; § 8 ! ! § 41 ; ; .; | | « « | ` 20 R▪. I 1 !` `6 \)§ §j §| g. } W -I ! ) { 2 / 7 § ( ■ a ; I . i £ . 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M u .. 4141%1 k •is 44,:;" ,i d Q ti ;• g fir £_4. z .� ��? 7,, 4 wb r �E PIMP ''''''''',;-:;11; + - gym. ty p ti, 1 1 F Below is a complete list of items memorializing the scope changes and additional items agreed upon during negotiations to be incorporateed as part of the Contractor's Proposal. 1. Haskell agrees that their GMP is inclusive of all sales tax and associated costs on materials and equipment. The County reserves the right to make direct purchases of various construction materials and equipment included in the work, pursuant to Section 28 of Exhibit H—General Terms and Conditions of the Design-Build Agreement. 2. Haskell agrees to remove all supplemental terms and conditions to the Design-Build Agreement. 3. Haskell agrees to provide SCADA and PLCs in full compliance of the bid documents, at no additional cost to the County. 4. Haskell agrees to provide an additional odor control blower and ductwork,at no additional cost to the County. 5. Haskell agrees to provide a larger odor control concrete slab large enough with adequate load rating to accommodate their proposed odor control option 2, as well as spare power/control conduits, at no additional cost to the County. A conceptual plan is attached. 6. Haskell agrees to provide MCC buckets and a ductwork tee to accommodate future odor control equipment included in option 2, at no additional cost to the County. 7. Haskell has confirmed that the installation of additional odor control equipment during NCWRF New Headworks construction, or during the warranty period of the NCWRF New Headworks would not affect the warranty of any equipment provided by NCWRF New Headworks. 8. Haskell agrees to coordinate with the County in whichever procurement method the County chooses for additional odor control equipment and installation. Haskell offered to procure additional odor control equipment at their cost with no mark-up. 9. Haskell agrees to further develop the dumpster odor control system during design and will coordinate with the County's solid waste vendor(currently Waste Management Inc.of Florida) during the design process for the required connections for the dumpster covers. Haskell reported during negotiations that Waste Management would rent the roll-off dumpster covers to the County for$400/month, and subsequently advised that if purchased, the County should budget$15-25k per dumpster cover. 11F 0 �- z o n n o o � Z o CD N UO N m l V 11F I 0) UI A CD 0 O. 0) 0 p Op cn Cl) / 1 1 F Z 0) v) rD 7) 0 v) O o F. Cli J P w O V , i 0 r 1 Ofyy >1.'x rt rt q w H 0 w 3 i1 rn rt F,' p f'0. ,CI W V ig 1 1 F ° F 0- -0 co — p -0 I Cfg n m o c c a 'fi = — CD (D v) 0- .-I 0_ — E 0_ 0_ N 0 -0 0_ C rr: CA O nrn-r O) CND• 0 �_ N -0 0 0 D Lf n D CD 1 o ° rD o v 0 W 0 rt rt m r7 O rt no 5 Cr = N 0 1 1 F • • • rn o ° 0 t• p Cr p. V) (D -, 0 Nir--F Cr) O r=r D rD r-t -1 (D i, 1 1 F EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Brian Stitt, CBC, DBIA PEng Design-Build Project Manager AECOM Ronald Cavalieri, PE, BCEE Design Manager AECOM Kevin Smith, PE Deputy PM/Design Center Manager AECOM Cheryl Robitzsch, PE, DBIA Design-Build Coordinator Haskell David Rieken Jr, PE, DBIA, ENV SP Construction Manager Haskell Bobby Bradley Construction Superintendent Haskell • Page 24 of 63 RPS#20-7722 USI Insurance U Services,Inc. i Concourse Parkway,NE Suite Too a Atlanta,GA 30328 January 13, 2021 Ms. Sue Zimmerman, CPM Contracts Manager Procurement Services Division Board of County Commissioners for Collier County, Florida 3295 Tamiami Trail East,Bldg. C2 Naples,FL 34112 Re: The Haskell Company Design-Build Agreement of NCWRF Headworks Solicitation#20-7722 Dear Ms. Zimmerman: We hereby allow Collier County to enter the contract date in the "whereas" section of the performance and payment bond numbers 107236559/016228250. If you should need further assurances on our fine client,please contact our office. Sincerely, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA LIBERTY MUTUAL INSURANCE COMPANY iJx ' Annette Wigong Attorney-In-Fact annette.wisong(�usi.com (470) 875-0436 1 1 F Travelers Casualty and Surety Company of America Agile Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Annette Wisong of ATLANTA Georgia , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. „.:(A*4 0,...14...)1,4 I'1,4 Iftet r : k:04,#) State of Connecticut By: - < City of Hartford ss. Robert L.Raney,Senor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. mr My Commission expires the 30th day of June,2021 ` ()JV.JL. .li�vuuotti *, t Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 13 day of January,202,1 r R ��1v 4,,0 t it MA . HMiFCCIO = c+wur.K S CONK e CONN. n UM `Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,p/ease call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. This Power of Attorney limits the acts of those named herein,and they have no authority to 1 1 F n bind the Company except in the manner and to the extent herein stated. ''V. % Liberty Liberty Mutual Insurance Company f► ' 1%'tutual. The Ohio Casualty Insurance Company Certificate No:8202336-969078 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl Lynn Boozer;Sarah Hancock;Tina H.Kennedy;Kathryn Kleinschmidt;Kate Longaker;Steven L.Swords;Joseph R.Williams;Annette Wisong • all of the city of Atlanta state of GA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 1 th day of October , 2019 . Liberty Mutual Insurance Company I PV mop, Poo INs, N tNsu, . The Ohio Casualty Insurance Company �010ok4 1, y,�,oFPOR-1,.ty �P ipol'°ear 4r, West American Insurance Company >, 3 1oco oQ3 `n m a + % to to s 1912 0 0 1919 n ; 1991 o w b rnr yto 1d fa ° l 4,174 N ° ANs ewts A d, tomsa C9 * 1:0- Sle1 * , * 0 By: , N i c David M.Carey,Assistant Secretary -co State of PENNSYLVANIA >, 6 Si County of MONTGOMERY ss as 2 o as c2 a On this l 1 th day of October , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= co N > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. S Lu a) = IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c 0- --0_ L CD to c�A PAST M O N Q4� .oNrvE Fse COMMONWEALTH OF PENNSYLVANIA iV/I4G, Q 4 41 4^ Notarial Seal 0-O ai` o OF 9 Teresa Pastella.Notary Public 0 aj Upper Merlon Two..Montgomery County By: N @ C t6 �P My Commission Expires March 28,2021 3 1= .It• ,„, _. eresa Pastella,Notary Public o to co ci) qRY _,o, Member,Pennsylvania Association of Notaries a O NN W co c. C N This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual 6 o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) o ` m ARTICLE IV—OFFICERS:Section 12.Power of Attorney. A o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the�,a -g >, President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o c0 c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s N N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such 00 Zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ,-co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c 00 00 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o e— Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,1- shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13 day of January , 2021 v 1NSU ET) uisu,.?,.t`PaRy yP . C CY. 0`°oggr�yn J $ 6e 'a ii % ma to1912 o a 1991 {1 c. 4'�dJ$ y•d''i9AcHes..,4 fs, �'t'oiANPt, B Renee C.Llewellyn,Assistant Secretary e77 * 1- ',14 * 0 LMS-12873 LMIC OCIC WAIC Multi Co_062018 1 1 F EXHIBIT B-I PUBLIC PAYMENT BOND Travelers 107236559 Bond No. Liberty 016228250 Contract No. 20-7722 KNOW ALL MEN BY THESE PRESENTS: That The Haskell Company as Principal, and Travelers Casualty and Surety Company of America; Liberty Mutual Insurance Company as Surety, located at One Tower Square, Hartford, CT 06183; 175 Berkeley Street, Boston, MA 02116 (Business Address)arc held and firmly bound to Board of County Commissioners for Collier County. Florid/4s Obligee in the sum of Twenty Eight Million Seven Hundred Thirty-Eight Thousand Eight Hundred Ninety 00/100 (S 28,738,890.00 ) 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 sic` (lay of NU1(a 201 with Obligee for Design Build of NCWRF Headworks in Naples, Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(t), 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 arc subject to the time limitations of Section 255.05(2). In no event will the Surety he 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 I /a' day of 3aews,.c 20 2.I , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. t',i,N.25 6163 RPS;:2u_7 22 1 1 F Signed. sealed and delivered in the presence of: PRINCIPAL THE LL CO PANY BY: / Witnesses as to Principal NAME: -7 ITS: ( FL") STATE OF COUNTY OF DJ\J The foregoing instrument was acknowledged before me by means of Vphysical presence OR online notarization, this (Lt day of JA,wL 2021 , by _r3c a0 z x >•': , / ^1.�-lr , � � as C r c of 76,r H'`L Ccy!✓l � .; a t)c(c.w„_ c corporation, on behalf of the corporation. lie/she is rsonally known qo me OR has produced as identification and did (did not)take an o My Commission Expires: l (Signature of Notary) Tabitha Harrell�`. NOTARY PUBLIC NAME: —�(- 191 tb\c �4 (re- ( p 1 _'STATE OF FLORIDA �l,r Comm#GG 1 (Legibly Printed) . �...,. . 96 864 1%16 Expires 2/24/2024 (AFFIX OFFICIAL SEAL) Notary Public, State of I-- Commission No.: (1(-1 R co c3(oit' ATTEST: SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERCA: LIBERTY MUTUAL INSURANCE COMPANY (Printed Name) One Tower Square, Hartford. CTQ6183 175 Berkeley Street, Boston, MA 02116 (Business Address ,/1_ G'1.1t1Q wLOVL (Authorized Signature) Annette Wisong,Attorney in fact Wit sses Sure (Printed Name) FL License#P133418 Page 26 or63 RPS#20-7722 1 1 F OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) USI Insurance Services, Inc. One Concourse Parkway, Suite 700 Atlanta,GA 30328 (Business Address) 470.875.0436 (Telephone Number) STATE OF Georgia COUNTY OF Fulton The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this day of 20 byAnnette Wisong , as Attorney in Fact rave►ers Casualty antl5vret, Comnpany of Am erna CT ihPrty Muhal Incuranrp Campany ,a MA corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did(did not)take an oath. My Commission Expires: February 20,2021 L G (Signa re) 001111rrr� �` Name: Kathryn Allen •�,�Q� F4' • (Legibly Printed) NOTARY (AF_ JOEKCCIAL S :AL) Notary Public, State of:Georgia •►•+ _ My Comm.Expires Commission No.: i Feb 20,2021 • • #e,OT.FUtTON COU cCC`‘" oF rGERo Page 27 of 63 RPS#20-7722 1 1 F EXHIBIT B-2: PUBLIC PERFORMANCE BOND Travelers 107236559 Bond No. Liberty 016228250 Contract No. 20-7722 KNOWW ALL MEN BY TIIESE PRESENTS: That The Haskell Company as Principal, and Travelers Casualty and Surety Company of America; Liberty Mutual Insurance Company. as Surety, located at One Tower Square, Hartford, CT 06183; 175 Berkeley Street, Boston, MA 02116 (Business Address) are held and firmly bound to Board of County Commissioners for Collier County, Florida, as Obligee in the sum of Twenty Eight Million Seven Hundred Thirty-Eight Thousand Eight Hundred Ninety 00/100 (S_28,738,890.00 ) for the payment whereof we bond ourselves, our heirs. executors, personal representatives, successors and assigns,jointly and severalty. WNl•: as'RI=AS, Principal has entered into a contract dated as ofthe day of _20 p? 1 . with Obligee for Design Build of RF Headworks y 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 TI-IIS 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 anti 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 formaldies 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 WIIEREM.. the above parties have executed this instrument this 1_1i" clay of JAAJaf , 20 21 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. t'a,r 28 ui•63 RIS;i20-7 22 1 1 F Signed, sealed and delivered in the presence of: PRINCIPAL THE HASKE MPANY BY: — Witnesses as to Principal NAME: P:c . 7+lG ,'.- ITS: e j—o ri STATE OF eL COUNTY OF JA.1./c I The foregoing instrument was ackr1owledged before me by means of kVphysical presence OR online notarization, this f P-day of <rt„c5 201,I , by 3eN<9t-' -J ;,;GN,";'e-; , as crci of L F 0 ,,,r,r ,a/.rlu ,,if. corporation, on behalf of the corporation. Iie/she is rsonally kno 1 to me 0 has produced as identification and did(did not)take an oa . -----V- My Commission Expires: (Signature) Tabitha Harrell `' NOTARY PUBLIC Name: (G b t T l. 4✓ rG II =STATE OF FLORIDA (Legibly Printed) �t�"'` Comm#GG961864 (AFF'' FFI +f@8S4A10024 Notary Public, State of: rL Commission No.: C21 r9(o J $C.` . Pagc 29 of 63 RPS#20-7722 1 1 F ATTEST: SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERCA; LIBERTY MUTUAL INSURANCE COMPANY (Printed Name) One Tower Square, Hartford,CT 06183 175 Berkeley Street, Boston, MA 02116 (Business Address) (Authorized Signature) Artil WYkri4 Witn sses as to Sur ty (Printed Name)Annette Wisong,Attolphe y in Fact FL License#P133418 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) USI Insurance Services, Inc. One Concourse Parkway,Suite 700 Atlanta, GA 30328 (Business Address) 47n 875 0436 (Telephone Number) STATE OF Georgia COUNTY OF Fulton The foregoing instrument was acknowledged before me by means of_physical presence OR online notarization, this day of 20 , by Annette Wisong , as Attorney in Fact of Travelers Casualty and Surety Comany of America CT corporation, on behalf of the corporation. He/she ibsry Mutual ll aurance CompanyMA rp personally known to me OR has produced as identification and did(did not)take an oath. My Commission Expires: February 20,2021 '1'10 (Signature) 1') ��tRYN A�� , Name: Kathryn Allen ♦. �� Fey � (Legibly Printed) ((AFFIX O iR SEAL) Notary Public, State of: Georgia .- Commission No.: My Comm.EXPIres • Feb 20,2021 i • ',ST FULrON CO' ,"p. Pagc 30 of 63 RPS 120-7722 1 1 F Travelers Casualty and Surety Company of America Aft. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Annette Wisong of ATLANTA Georgia , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 3 4 A.D"ko 4, A7 f HP�1T'forn,I�Si,I{\\CCM. 1 CA J�'( c State of Connecticut By: City of Hartford ss. Robert L.Raney,Se oftf r Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. p,TE T My Commission expires the 30th day of June.2021 /.,1mtrN, R. e. ta ',°ueuv ' Mane C.Tetreault,Notary Public ,� ccs This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of t!\ ano yF li orI C:a0t Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. P/ease refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. rat This Power of Attorney limits the acts of those named herein,and they have no authority to F bind the Company except in the manner and to the extent herein stated. "10, 1,,T Liberty Mutual. Liberty Mutual Insurance Company e , The Ohio Casualty Insurance Company Certificate No:8202336.969078 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name.constitute and appoint, Cheryl Lynn Boozer:Sarah Hancock;Tina H.Kennedy:Kathryn Klcinschmidt:Kate Longaker:Steven L.Swords:Joseph R.Williams:Annette Wisong all of the city of Atlanta state of GA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal.acknowledge and deliver.for and on its behalf as surety and as its act and deed,any and all undertakings,bonds.recognizances and other surety obligations.in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I I th day of October , 2019 . Liberty Mutual Insurance Company Pv tNso� *01 INSU N tNSUed The Ohio Casualty Insurance Company J"dot 01p1;4-Ci� c ',AP0R4,:r-f ' ou'oPip 4,m West American Insurance Company >, a 's1912�b y=�1919 o a 1991 0 /1��///// 1 d0eztgcruet�a 0�4tiaMPs" aL$ �<, rhDisM� aD Gf!' "'yr.� �/` N 1 sr c David M.Carey.Assistant Secretary State of PENNSYLVANIA D = County of MONTGOMERY ss c T. is co o at On this t I th day of October . 2019 before me personally appeared David M.Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such.being authorized so to do,execute the foregoing instrument for the purposes=I-N > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. co W N ( IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a�i o. C o COMMONWEALTH OF PENNSYLVANIA 0L.OM. 0 Notarial Seal a) Teresa Paulette.Notary Public {/ O C o C) Upper Meson twp.Montgomery County By: �/..a_ cii `" c @ My Comm ss on Expires Moron 28.2021 eresa Pastella,Notary Public N MemOer.Pennsylvaria Association of Notariesta)co O f0 <0 N - -- cn c,c cv This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual rn o.o Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o a)a),i ARTICLE IV-OFFICERS:Section 12.Power of Attorney. y o m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a.n ;o > President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >O 76 c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such "-'o? Zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the. co provisions of this article may be revoked at any time by the Board.the Chairman.the President or by the officer or officers granting such power or authority. c°i ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o o Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make.execute,seal,acknowledge and deliver as surety any and all undertakings. bonds.recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make.execute.seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually aff"ed I.Renee C.Llewellyn,the undersigned Assistant SenretaPj.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney o`+vhich the forgoing is a full.true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I ha:3 hereunto set my hand and affixed the seals of said Companies this day of , lN5(/ a,0 INs& N oisukf FAQ�oaro'W�ti . oarort.,;4 (1:91:14':r: % 1912% : 0 1919 � .,�, r '� A.1)4 %�w *��o a . By: <�,,, c"u; H��Mvs ado v:11 h ,00,�,dD Renee C.Llewellyn,Assistant Secretary A. 1 * l Mx ti LMS-12873 LMIC OCIC WAIC Multi Co 062018 1 1 F 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. THE HASKELL COMPANY "Contractor" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Page 31 of 63 RPS#20-7722 0 EXHIBIT D 1 -" F APPLICATION FOR PAYMENT FORMAT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4)and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page 32 of 63 RPS#20-7722 1 1 F EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &STORED (reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue col into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. Page 33 of 63 RPS#20-7722 1 1 F Exhibit D (Continued) Stored Materials Record Formula: A+B -C-D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 34 of 63 RPS#20-7722 CAO 1 1 F EXHIBIT E-1 CHANGE ORDER Change Order Form Contract*: Change*: Purchase Order*: Projects: Contractor!rFimt Name: Project Name: Project Manager Name Department: CrginalCorrtrsctWork Ord&Amount Original D C Appr al Dab:Agenda Item* Current BCC Approved.Amount Last BCC AptxoV'aI Date; Agenda.Item# Current Conk actiN crk Order Arttount SAP Contract Expiration Date;Master) Dcdbr Amount of this Change #DlblVO! Total Change from Original Amount RevisedContra:cbWork Oder Total S 0.00 4`IW01 Change fronts Cirrent BCC Approved Amount Cumulative Changes 0.00 00PittOl Change f rom C ur rent Amount Completion Date, Description of the Tasks}Change,and Rationale for the Change Notice to Proceei Original Last Approved Revised Date Date Completion Dat= Date trididft t't5:mange *of Days Added Select Tasks 0 Add newtask(s) Cl Deletetask(s¢ D Changetask{s¢ 0 Other;sea Provide a respo nse to the following:1.1 detai led and specific ea p la nationitationale of the requested changes¢to the task(s)and!or the additional days added(if requested¢:2.)why this change was not i ncl ud ed in the original contract;and,3.¢describe the impact if this change is not processed. ktar-h additional information from Ire Design Professiara,ardor Corirector if needed. Prepared by: Dale: (Project Manager Name and Department) Acceptance of this Charge Order shall constitute a mixitficatiori to contract,workarder identified above and will be subject to all the same terms and con,dt ions as contained in the corn ram fwork order indicated above,asfullyasifthesamewerestatedinthisacaeptarc. The adjustment,if any,tolhe Contract s hall const dute f u and final settlement of any and ail claims of the'ContactorJV'endor,Consa kart; Design Professional arts ing out of or related to the change set forth herein,including claims for impact and delay cos'e. Accepted by: Date: (Contractor/Ver•-.:' CcTs.. Designc:f___ a srd Name of Firm,ifproeMappticable) Approved by: Date: (Design Professional and Name of Firm,if project appiicabY) Approved by: Date: (Procurement Professional Page 35 of 63 RPS#20-7722 �a0 1 1 F 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 36 of 63 RPS#20-7722 CM) 1 1 F EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 37 of 63 RPS#20-7722 1 1 F The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER By: Type Name and Title Page 38 of 65 "NESA Interim Treatment Plant and Pipelines" RPS#18-7474 411) 11F EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name& Title) Page 39 of 63 RPS#20-7722 CA() 1 1 F 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 29 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 1.4 above and Section 2.3 below, and Subject to Section 3.1 of the Agreement, 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 reasonably acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways,railways,drainage facilities and utility services above,upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall Page 40 of 63 RPS#20-7722 CM) F be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 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 address such risk of Differing Site Condition,which is more specifically address in Section 32.2, below. 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 for the Project(herein the"Schedule"). The Schedule 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 shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Schedule shall be updated monthly by the Contractor. All monthly updates to the Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule 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 of Values 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. 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 Page 41 of 63 RPS#20-7722 1 1 F 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 withhold retainage on the gross amount of each monthly progress payment in the amount of five percent(5%),as permitted by Section 255.078,Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage 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. Any interest earned on retainage shall accrue to the benefit of the Owner. 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. 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 proper invoices submitted on the date of services or consistent with Section 218.735 F.S. but no later than six(6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline Page 42 of 63 RPS#20-7722 1 1 F period is subject to non-payment under the legal doctrine of"ladles"as untimely submitted.Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may,at its discretion,use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this Agreement. 4.13 Allowance Items and Allowance Values. 4.13.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit A-1 hereto. 4.13.2 Contractor and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Contractor and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Contractor that the Allowance Item in question can be performed for the Allowance Value. 4.13.3 No work shall be performed on any Allowance Item without Contractor first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Contractor is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Contractor, Contractor may be entitled to an adjustment of the Contract Time(s) and Contract amount. 4.13.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Contractor's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract amount, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 4.13.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs incurred by Contractor for the particular Allowance Item and the Allowance Value. 5 PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents.The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor,to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a)Defective Work not remedied; (b)third party claims filed or reasonable evidence indicating probable filing of such claims;(d)reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (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 or Contractor has not commenced to remedy or remove, 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 Page 43 of 63 RPS#20-7722 1 1 F 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 but no longer than seven (7) days thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site(or designated portion thereof)after the date of Substantial Completion,but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance,Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 6.3 Upon Substantial Completion of the entire Work or, if applicable,any portion of the Work,OWNER shall release to CONTRACTOR any retained amounts relating, as applicable,to the entire Work or completed portion 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. Page 44 of 63 RPS#20-7722 e 1 1 F 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR may have issued its recommendations. Unless and until the OWNER is completely satisfied,neither the final payment nor the retainage shall become due and payable. 7 FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein,provided that Contractor first,and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C,as well as,a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8 SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings,data,test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. Except as previously identified,Contractor will submit project documents for review, approval,and closeout electronically. 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 Page 45 of 63 RPS#20-7722 1 1 F 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 a mutually agreed upon cost prior to evaluating each proposed substitute. 8.6 Notwithstanding anything in the Contract Documents to the contrary,Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9 HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty(30) days after CONTRACTOR's submission of its report. 9.2 NON-HAZARDOUS SAMPLES. At OWNER's written request,CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage,transport,and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 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: Page 46 of 63 RPS#20-7722 CAO 1 1 F 10.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 10.1.2 Soil conditions which adversely affect the Work; 10.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 10.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 10.1.5 All equipment present at the Project site,description of equipment use and designation of time equipment was used(specifically indicating any down time); 10.1.6 Description of Work being performed at the Project site; 10.1.7 Any unusual or special occurrences at the Project site; 10.1.8 Materials received at the Project site; 10.1.9 A list of all visitors to the Project 10.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 10.2 Contractor shall maintain in a safe place at the Project site one record copy in electronic format 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 electronically 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,pandemics,public Page 47 of 63 RPS#20-7722 1 1 F health crisis, quarantine regulation, strikes or lockouts,Contractor shall notify the Owner in writing within forty- eight(48)hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 11.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy,if any,against Owner will be the right to seek an extension to the Contract Time;provided,however, the granting of any such time extension shall not be a condition precedent to the aforementioned"No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11.4 Notwithstanding anything contained within Section 2.3 to the contrary, if Contractor encounters on the Project site any materials reasonably believed by Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless,Contractor immediately shall(i)stop Work in the area affected and(ii)report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Lump Sum Price and Contract Time as appropriate. If no hazardous material is found after the Work is stopped,no Change Order is required to resume the Work in the affected area. Notwithstanding the foregoing sentences in this, if the hazardous material encountered was generated or caused by Contractor or any of its employees, agents, subconsultants, subcontractors, or material suppliers, no adjustment to the Contract Time or Lump Sum Price shall be made and Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. Contractor will coordinate and cooperate with any person or entity who is hired to perform any hazardous material mitigation services. 11.5 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 12 CHANGES IN THE WORK. 12.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property,or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner,and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i)a waiver of any claim by Contractor for such items and(ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 Page 48 of 63 I-. RPS#20-7722 A0 1 1 F that event,the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination,Contractor must make a claim or else be deemed to have waived any claim on this matter it might otherwise have had. 12.4 In the event a requested change results in an increase to the Contract Amount,the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor,a maximum ten percent(10%)markup for all overhead and profit for all Subcontractors' and sub-consultants'direct labor and material costs and actual equipment costs shall be permitted,with a maximum five percent(5%)markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 12.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 12.6 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work,including the design,quality,performance and workmanship required by the Contract Documents. Contractor may make minor changes in the Work consistent with the intent of the Contract Documents, provided,however,that Contractor shall promptly inform Owner, in advance and in writing, of any such changes and record such changes on the As-Built documents maintained by Contractor. 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 Page 49 of 63 RPS#20-7722 CA 1 1 F of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner(or Owner),Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 14 COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances,rules,regulations and requirements applicable to the Project,including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances,rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment 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. Page 50 of 63 RPS#20-7722 ei 1 1 F For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq.and regulations relating thereto,as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15 CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site,as well as all tools,appliances,construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks,pipes,utilities, footings, structures,trees and shrubbery,not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16 PERMITS,LICENSES AND TAXES. 16.1 Pursuant to Section 218.80,F.S.,Owner will pay for all Collier County permits and fees,including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. Owner will pay for environmental permit fees acquired or updated by Contractor, which include Site Development Plan Amendment (Collier County), Emergency generator notification (FDEP), stormwater ERP permit(FDEP),and wastewater system modifications(FDEP). 16.2 All permits, fees and licenses not identified in 16.1 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 Page 51 of 63 RPS#20-7722 CAO 1 1 F shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18 TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8)hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections,tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 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 Page 52 of 63 RPS#20-7722 1 1 F 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 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 costs of such uncovering,exposure,observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects,attorneys and other professionals),and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,however,such Work is not found to be defective,Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,testing and reconstruction. 19.3 If any portion of the Work is defective,or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer,Contractor, or any other person. 19.4 Should the Owner determine,at its sole opinion,it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct 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 and Contractor does not cure or commence to cure the deficiency, 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 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 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. Page 53 of 63 RPS#20=1722 11F 20 SUPERVISION AND SUPERINTENDENTS. 20.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 20.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Article 7 of the Agreement, a pro-rata amount for the 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. Page 54 of 63 RPS#20-7722 11F 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 subject to Owner's coordination in accordance with Section 13 of these General Terms and Conditions. 24 SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 24.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 24.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection, removal,relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 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. Page 55 of 63 RPS#20-7722 42 1 1 F 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 24.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 24.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further,all Employees shall comply with the dress,conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury,economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times,Contractor shall adhere to Owner's safety and security regulations,and shall comply with all security requirements at Owner's facilities,as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25 PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference)as may be directed by the Project Manager. 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. Page 56 of 63 RPS#20-7722 1 1 F 27 MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten (10)days of receipt of Notice of Award. 28 SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales,consumer,use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,plus the saved sales taxes.A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary,Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 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 Page 57 of 63 RPS#20-7722 1 1 F to Owner for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 29.2 A Subcontractor is any person or entity who is performing,furnishing,supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders,Work Directive Changes,Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess all licenses required by state or local law and be"qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner, Contractor also shall identify any other Subcontractors,including their addresses,licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1)require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4)provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order . Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 29.5 Each Subcontractor performing work at the Project Site must agree to provide field(on-site) supervision through a named superintendent or foreman 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. Page 58 of 63 RPS#20-7722 CAp i1F 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 29.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 29.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 29.6 into their sub-subcontracts and purchase orders. 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site,originals or electronic 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 for Payment Request Records 30.1.8 Labor Costs for Work Change Directives 30.1.9 Material Costs for Work Change Directives 30.1.10 Equipment Costs for Work Change Directives 30.1.11 Cost Proposal Request 30.1.12 Payment Request Records 30.1.13 Meeting Minutes 30.1.14 Cost-Estimates for Work Change Directives 30.1.15 Bulletin Quotations for Work Change Directives 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 Page 59 of 63 RPS#20-7722 1 1 F 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 Progress Schedule and Updates The Project files and records shall be available at all times to Owner or their designees for reference or review. 30.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to,the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 31. SECURITY. The Contractor is required to comply with County Ordinance 2004-52,as amended. Background checks are valid for five (5)years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to,checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one(1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- 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 twenty-four(24)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, which includes the presence of Hazardous Material that pre-existed at the site prior to the commencement of the Work, encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. Page 60 of 63 l_', 0 RPS#20-7722 1 1 F 32.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to(i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered,(ii)prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 32.1.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or site. 32.1.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract,to an adjustment in its Contract amount and/or Contract Time(s) to the extent CONTRACTOR's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 32.1.5 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME,NACE,NLPA,NIST& API referenced standards pertaining to the storage of hazardous materials and petroleum products. 32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD)prior to the installation,removal,or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. 32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems brought on site by CONTRACTOR 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 Page 61 of 63 RPS#20-7722 11F adjustment to CONTRACTOR's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 33. ABOVEGROUND/UNDERGROUND TANKS. 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110&30/30A;FDEP chapter 62 regulations: specifically,761,762,777,and 780;376&403 Florida Statutes;and STI,UL,PEI,ASME, NACE,NLPA,NIST& API referenced standards pertaining to the storage of hazardous materials and petroleum products. 33.2 The CONTRACTOR shall notify the Solid& Hazardous Waste Management Department(SHWMD)prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 34. STANDARDS OF CONDUCT: PROJECT MANAGER,SUPERVISOR,EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 3 5. PAYMENT INSTRUCTIONS. Upon execution of the Agreement, Contractor shall provide Owner with written payment instructions and all necessary forms required by Owner to effectuate payments to Contractor by wire transfer (the "Payment Information"). Contractor shall submit the initial Payment Information to Owner by certified mail or hand delivery only. If Owner receives a request to change such Payment Information, Owner agrees that it will not modify or make a change to this Payment Information without oral confirmation, followed by written confirmation, from Contractor's Chief Financial Officer or Contractor's VP of Finance. Owner shall make no changes to the Payment Information if it does not receive the oral and written confirmations as stated herein. If Owner makes any change to the Payment Information without first receiving the confirmations stated herein, it shall be solely responsible for any monies lost or stolen and not paid to Contractor as required under the terms of this Contract. Page 62 of 63 RPS#20-7722 1 1 F EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance kith the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, The Haskell Company , hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning Design-Build of NCWRF Headworks#20-7722 are accurate,complete and current as of the time of contracting. BY: Birraii R. Bedell TITLE: Vice President-Water DATE: January 25, 2021 -A p Nage 63 of 63 RPS#20.7722 • HASKELLi1F Bradford A.Slappey Executive Vice President and Chief Financial Officer January 14, 2021 Re: Design-Build of North Collier County Water Reclamation Facility Headworks Naples, Florida Ms. Sue Zimmerman Collier County, Florida 3295 Tamiami Trail East Bldg. C2 Naples, FL 34112 Dear Ms. Zimmerman On November 16, 2020 at a duly called special meeting of the Board of Directors of The Haskell Company (the "Company"), a Delaware corporation, all directors of the Board of Directors of the Company were present. At such special meeting, the following resolution was adopted: RESOLVED, that Bryan R. Bedell, in his capacity as Vice President - Water, is hereby designated and authorized to execute any and all documents necessary and appropriate that pertain to the Design-Build Services of North Collier County Water Reclamation Facility Headworks for Collier County in Naples, Florida, on behalf of The Haskell Company. Please feel free to contact me with any questions at 904.791.4524. Sinceer=-y, d . Bradd A. Slappey/ STATE OF FLORIDA COUNTY OF DUVAL, to-wit: The foregoing was acknowledged before me this 14th day of January 2021 by Bradford A. Slappey, Executive Vice President and Secretary of The Haskell Company. My Commission Expires: 1 ,P� I•, DANNE W.WHIPPLE '•N/• °`F; Notary Public-State of Florida Notary Public • Commission q GG 214808 I or r` My Comm.Expires May 18,2022 I 4 Bonded through National Notary Assn. / ` i1F ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `...----- 6/1/2021 2/4/2021 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 Lockton Companies CONTACT NAME: 444 W.47th Street,Suite 900 PHONE(A/C.No.Extl: FAX (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Contractors Ins Co Risk Retention Group 12300 INSURED THE HASKELL COMPANY INSURER B:Berkley Assurance Company 39462 1488623 111 RIVERSIDE AVENUE INSURER C:ACIG Insurance Company 19984 JACKSONVILLE FL 32202 INSURER D:XL Specialty Insurance Company 37885 INSURER E: INSURER F: COVERAGES * CERTIFICATE NUMBER: 17309674 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE INSR MD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY y N GL20A00017 6/1/2020 6/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR GL20B00017 6/1/2020 6/1/2021 PREMISESO(Ea occurrence) $ 100,000 A X *SEE BELOW FOR GL20000017 6/1/2020 6/1/2021 MED EXP(Any one person) $ 5,000 STOP GAP PERSONAL&ADV INJURY $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X FIN': LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY y N AL20000024 6/1/2020 6/1/2021 (Ea accIidentSINGLE LIMIT $ 2,000,000 x ANY AUTO BODILY INJURY Per person) $ OWNED SCHEDULED ( XXXXXXX AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ XXX� XX HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ XX3(XXXX $ XXXXXXX D UMBRELLA LIAB X OCCUR N N NAIC37885 6/1/2020 6/1/2021 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ XXXXXXX WORKERS COMPENSATION N PER OTH- 1111 C AND EMPLOYERS'LIABILITY WCA000010120 6/1/2020 6/1/2021 X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCA000006020 6/1/2020 6/1/2021 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A WCA000000920 6/1/2020 6/1/2021 C (Mandatory In NH) WCA000020220 6/1/2020 6/1/2021 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL N N PCAB50087570620 6/1/2020 6/1/2021 $1,000,000 PER CLAIMS; LIABILITY $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [THE GENERAL LIABILITY POLICY INCLUDES STOP GAP EL$1,000,000/$1,000,000/$1,000,000 FOR ND,OH,WA,WY] RE:FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY.COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,OR,BOARD OF COUNTY COMMISSIONERS IN COLLIER COUNTY,OR COLLIER COUNTY GOVERNMENT,OR,COLLIER COUNTY ARE INCLUDED AS AN ADDITIONAL INSUREDS UNDER CAPTIONED COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES ON A PRIMARY AND NON-CONTRIBUTORY BASIS IF AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.30 DAYS NOTICE OF CANCELLATION APPLIES. CERTIFICATE HOLDER CANCELLATION 17309674 COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3925 TAMIAMI TRAIL E. ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112 AUTHORIZED REPRESENTATIVE. I i� ©1988 0s3 15 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD