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Backup Documents 04/13/2021 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11 A 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 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 LOG 41 1-* 2. County Attorney Office County Attorney Office 621 4. BCC Office Board of County /C 7 Commissioners J IA )s) 15 4. Minutes and Records Clerk of Courts Office 41 '°' 5. Procurement Services Procurement Services 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,ma 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 April. 13th 2021 Agenda Item Number 11.A Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7735 QUALITY number if document is QUALITY ENTERPRISE to be recorded ENTERPRISE USA, USA, INC INC 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 final 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. Be aware of your deadlines! 8. The document was approved by the BCC on 04/13/2021 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the R:xo — Nitkijs not BCC,all changes directed by the BCC have been made,and the document is ready for the v an option for Chairman's signature. 1 ] 3 mire. RI anagement 1 1 A MEMORANDUM Date: April 16, 2021 To: Jessica Suarez, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Agreement #20-7735 "Whippoorwill Lane — Mirabella Lakes Drive Connection" Contractor: Quality Enterprises USA, Inc. Attached for your records is a scanned copy of the referenced document above, (Item #11A) adopted by the Board of County Commissioners on Tuesday, April 13, 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 A DESIGN-BUILD AGREEMENT between Board of County Commissioners for Collier County Florida and Quality Enterprises USA, Inc. dated Aprl 1. 20a1 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 RPS#20-7735 "Whippoorwill Lane Marbella Lakes Drive Connection" CA r. 1 1 A 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 11 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 17 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 19 ARTICLE 28 SUBJECT TO APPROPRIATION 20 ARTICLE 29 ORDER OF PRECEDENCE 20 RPS#20-7735 "Whippoorwill Lane Marbella Lakes Drive Connection" 1 1 A DESIGN-BUILD AGREEMENT This Agreement is made this/3'day of Apra L. ,2021 between Quality Enterprises USA,Inc., authorized to do business in the State of Florida(hereinafter called "Contractor") whose business address 3494 Shearwater Street, Naples, Florida 34 1 1 7-84 1 4 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) #20-7735, "Whippoorwill Lane Marbella Lakes Drive Connection," on that property located on beginning south of Pine Ridge Road along Whippoorwill Lane to west along Marbella Lakes Drive to Livingston Road hereinafter referred to as the"Project;" and WHEREAS, the Owner desires to contract with a single party to develop, design, and construct the Project; and WHEREAS,the Owner desires to engage the Contractor to perform services related to such work as described in Solicitation #20-7735, "Whippoorwill Lane Marbella Lakes Drive Connection" in accordance with this Agreement; and WHEREAS,the Contractor and its sub-consultants and subcontractors are licensed in the State of Florida to provide all engineering and general contracting services required to develop,design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the"Contract"): 1.1.1 This Agreement,the Exhibits described in Article 23 hereof,the Legal Advertisement,the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. Page 1 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services, and provide all material, equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro-geological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying, hydro-geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 2.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project ("List of Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 2.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 2.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 2 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CA 1 1 A 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 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 ID 1 1 A 2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage,injury or loss;and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information i.e.,record as-built drawings and legal site descriptions if they are available the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors, reasonable access to the site. 3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 3.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subcontractors, with particular reference to utilities and hazardous substances or conditions. 3.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes,tanks, cables and utilities as known to OWNER. 3.7 OWNER shall,within seven(7)days of becoming aware of the occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of Page 4 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 C IIA obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. ARTICLE 4 CONTRACT AMOUNT 4.1 In consideration of the faithful performance by CONTRACTOR of the covenants in this Agreement to the full satisfaction and acceptance of OWNER, OWNER agrees to pay, or cause to be paid, to CONTRACTOR the following amounts(herein "Contract Amount"), in accordance with the terms of this Agreement: 4.1.1 For all Design Phase Services, including, but not limited to,causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability,assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by the CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the Services and Work (as that term is defined hereafter), a total guaranteed maximum lump sum of Four Million Seven Hundred Twenty Thousand Four Hundred Fifty Dollars ($4,720,450.00) for the entire Project, including alternate bid items, Owner's allowance and allowance items if outlined in Exhibit A-1. 4.1.2 Owner's Contingency and Allowance. The Contract Amount includes Owner's Contingency, which is controlled by the Owner and available to defray expenses attributable to unforeseen circumstance relating to the construction and for added scope by the Owner. The allowance items identified in Exhibit A-1 may be used per the general terms and conditions. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds,in the forms prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which is to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Moreover,the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York,New York 10038. Should the contract amount be less than$500,000,the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the CONTRACTOR shall,within fourteen(14)calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. Page 5 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 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. Page 6 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR's, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTOR's, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B — Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address(if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty(30)days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- 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 Page 7 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 cPv 1 1 A coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten(10)calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to be completed in segments and each segment will have two phases (i.e. Design Phase and Construction Phase),the timely completion of the first phase is critical to the timely completion of the second phase and,therefore,completion of the entire Project. The"Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 7.2 The Work shall be substantially completed within four hundred sixty-four(464)] 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 four hundred ninety-four (494) 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, Two Thousand Five Hundred Seventy- Nine Dollars($2,579.00)for each calendar day thereafter until substantial completion is achieved. Further,in the event Substantial Completion is reached,but the CONTRACTOR fails to reach Final Completion within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby Page 8of64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 11A expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency(or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.CONTRACTOR's sole remedy, if any,against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended,the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by"days",the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts,regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days. 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part,through another contractor or its own forces,the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. Page 9 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 7.12 Notwithstanding anything herein to the contrary,the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER,the CONTRACTOR and his surety are liable for the damages under the Contract,but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties, demands,judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract,tort(including negligence), statute or strict liability. Page 10 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1A ARTICLE 10 LAWS AND REGULATIONS 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 10.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five(5)years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b)as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 PublicRecordRequest(a colliercountvfl.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. Page 11 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A ARTICLE 11 INDEPENDENT CONTRACTOR 11.1 CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). ARTICLE 12 DISPUTE RESOLUTION 12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term"Claim"also includes other disputes and matters in question between Owner and CONTRACTOR arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48)hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior 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 Page 12 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAv 1 1 A CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward OWNER. ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion,any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2 No later than thirty(30)days prior to expiration of the warranty,the Project Manager, or any other representative of the OWNER, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the CONTRACTOR to correct the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. ARTICLE 15 FORCE MAJEURE 15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER,by act of force majeure,by any act of CONTRACTOR,of OWNER or a third party,by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided,however, that the delay would not have occurred but for the act or the force majeure. 15.2 In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove,to carry out its obligation under this Agreement,other than its obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five(5)business days of discovery of the act or force majeure. Following such notice,the effective obligations of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. Page 13 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 15.3 The term "force majeure" as employed herein shall mean acts of Nature,acts of public enemy,war, blockade,insurrection,riot,act of terrorism,epidemic,landslide, lightning,earthquake, fire,storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) and/or any other substantially similar cause(s)not within the reasonable control of the party claiming a suspension despite that party's due diligence. ARTICLE 16 CHANGE IN LAW 16.1 CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a)the enactment, adoption, promulgation,modification, repeal, or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity,if the issuance or modification of any such order,decree,or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension,termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope,if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (I) either fails to begin the Work under the Contract Documents within the time specified herein; or(2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Schedule of Values; or(3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable;or(4)discontinues prosecution of the Work;or(5)fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs(6) and(7) herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven(7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against CONTRACTOR's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR's right to proceed under the Agreement, in whole or in part, and may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, Page 14 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A and may complete all or any portion of CONTRACTOR's Work by whatever lawful means,method or agency which OWNER, in its sole discretion, may choose. 17.3 If OWNER deems any of the foregoing remedies necessary CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and reasonable attorneys' fees, including appeals) or damages incurred by OWNER incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. If the unpaid balance of the Contract Amount exceeds all such costs,expenditures and damages incurred by the OWNER to complete the Work, such excess with such interest shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or OWNER, as the case may be, shall be approved by the OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands,suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of CONTRACTOR's right to proceed pursuant to this Section, it is determined for any reason that CONTRACTOR was not in default,or that its default was excusable, or that OWNER is not entitled to the remedies against CONTRACTOR provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent,good faith efforts to mitigate any of its damages against the CONTRACTOR. 17.7 In the event(i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement,and(ii)Owner has failed to cure such default within fourteen(14)days of receiving written notice of same from Contractor,then Contractor may stop its performance under this Agreement until such default is cured,after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14)days after receipt of Contractor's written notice,Contractor may,upon fourteen(14)additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. Page 15 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A ARTICLE 18 TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five(5)calendar days'prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. ARTICLE 19 DOCUMENTS 19.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates,prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 19.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans,AutoCAD files,specifications,maps,evaluations,reports and other technical data,other than working papers, prepared or developed by or for CONTRACTOR under this Agreement("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense,may retain copies of the Project Documents for its files and internal use. 19.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed,or longer where required by law. 19.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. Page 16 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 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 Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two(2)years from the completion of Services. ARTICLE 21 SEVERABILITY 21.1 In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 21.2 All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. Page 17 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 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 #20-7735 "Whippoorwill Lane Marbella Lakes Drive Connection" Step-One Design Criteria and Step-Two, including attachments, exhibits, and Addenda with attachments, are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Page 18 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 Cxo 11A ARTICLE 24 NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid or via e-mail,to the following addresses: CONTRACTOR: OWNER: Quality Enterprises USA, Inc. Transportation Engineering Division 3494 Shearwater Street 2885 Horseshoe Drive S Naples,FL 34117-8414 Naples,Florida 34104 Attn: Louis "Lou"J. Gaudio,Vice President Attn: Bee Thao, Senior Project Manager Telephone: (239)435-7200 Telephone: (239)252-5844 Email: Lgaudio(&geusa.com Email: Bee.ThaoAcolliercountyfl.gov For the purposes of this Agreement, notices shall be deemed to have been received upon three (3)days' time after posting of the written notice in the U.S. Mail or if by e-mail upon receipt. 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(I)year following the end of this Agreement. ARTICLE 27 ENTIRE AGREEMENT 27.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third-party beneficiary is anticipated or intended by this Agreement. Page 19 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 27.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders, Work Orders,or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. ARTICLE 28 SUBJECT TO APPROPRIATION 28.1 It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. ARTICLE 29 ORDER OF PRECEDENCE 29.1 In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. (signature page to follow) Page 20 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 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 L Y, FLORIDA '''."'„ Crystal K.Kinzel, Clerk of Court Col ,'troOer By: _ __ _____ . �'� PENNY l'AY'I.t ,CHAIR D411 t: f 4' O�J � jai tSh;AL. ... 4 ,,. ' Attest as to Chairman's Sja 1,lftlre only Contractor's Witnesses: CONTRACTOR: Quality Enterprises USA, Inc. Contr act° First Witness-Signature By: Margarita Negron lgna are—Aut ionze Agent *Typelpri:nt witness name* Louis J_„Gaudio, Vice President atate".; `�rYPelprint title"d il,--....____ Contractor's Second Witness—Signature Marcie Cohen *Typelprint witness name* AppC as to n nd Legality: "- is r�i%R ili4 "co t R. each, Deputy County Attorney ?:yend, Date ��I (Ilte Rc" L4 •.l i ,. . Page 21 of 64 "Wh,ppoonvill Lane Marbelln Lakes Drive Connection" RPS N 20-7735 6.;- .11) 1 1 A EXHIBIT A-1 GMP Page 22 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 11A EXHIBIT A-1 GMP Item# Item Description Unit Quantity Price 1 Design-Build Base Bid Lump Sum 1 $4,720,450.00 1 1 A PRICE PROPOSAL PAGE COLLIER COUNTY PRICE PROPOSAL FORM DESIGN-BUILD GUARANTEED MAXIMUM PRICE SOLICITATION: RPS: 20-7735 PROJECT: Design Build -Whippoorwill Lane Marbella Lakes Drive Connection PROPOSED CONTRACT TIME: 464 Calendar Days NTP to Substantial Completion; Plus 30 additional Days to Final Completion 494 Total Calendar Days overall DESIGN BUILD GMP $ 4,353,063.00 NEW SIGNAL $ 367,387,00 per Design Criteria 2.1 TOTAL LUMP SUM GMP PRICE: $ 4,720,450.00 Design Build GMP+ New Signal DESIGN-BUILD FIRM NAME: Quality Enterprises USA, Inc, DESIGN-BUILD FIRM ADDRESS: 3494 Shearwater Street Naples, FL 34117-8414 DESIGN-BUILD FIRM SIGNATURE: PRINTED NAME: Louis J, Gaudio TITLE: Vice President THE GUARANTEED MAXIMUM PRICE MUST BE SUBMITTED SEPARATELY IN A SEALED ENVELOPE AND MAIL TO: PROCUREMENT SERVICES DIVISION ATTN:Jim Flanagan 20-7735-Design Build-Whippoorwill Lane Marbella Lakes Drive Connection 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 20-7735 STEP 2 -ADDENDUM 1#2 1 1 A EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 23 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 I 1 A ...mil Ili. DATE OCTOBER 6, 2020 RPS Number 20-7735 I Step 2 Statement of Qualification Design - Build _ _. ,.. , , , t ), ,,, .,, , „ , , \ \ , . , ,.. 1111 .o '',.4 -..1 . 1 l . . .. i 1 r .. , i _ Ida k . , „. i e . . ;b,y( gr z r / " k 'a 's...�.;: a ��L IY A � � s'�', ��wz�� ¢Yea � � ... i1; '* , off, '�. e" '' '' ` <•; ' . .X"� a�ip �z .e?'.�. ary " ,r n #, ,4 go qt-tih ,4, t t!,,,,,,,,,'.f , , t''' 1! .-0,1, ".,wet.=xv, ' ,,,N lir,,,,,?=,o„:,„*"f4 V N�6 S' f a �' t .yam 'o� � " ,''� .. ,f, '� -4. g'` ® ,,.' i'' .— '. e:.,gc_,q"3 ' ' „\• ,�•�. rah,4 .- ;. 4 ; , °, h ,,, .°. r at , • v Quality Enterprises USA, Inc. 13494 Shearwater St. Naples, FL 34117 P 239.435.7200 I F 239.435.7202 I E contact@geusa.com 14• TABLE OF CONTENTS %N'ti3 f 01: Transmittal Letter & Executive Summary -,f j%},; r' ', ' .'; ; , ` ° 02: Project Team Approach . • DB Team- Why OE +ABB , • Design-Build Project Mangement , ;,, • Design-Build Management Team & Staffing ::.. =11, • Key Personnel • Key Resources & Location R ,;Y' .g • Schedule, Critical Path Method & Phasing Plan ._;.,. ,.s . ,, • QE's Technology ,°' i I .bWr.Ke Y/ ,...As., a A. > E p 03: Technical Information ..,- „. --~. .. :"ram*� , : w4 :, .`, • Design & Construction Standards ' • Permitting &SFWMD Pre-Application Meeting • Roadway Design ,� - f, f' • Drainage Design ,0u g__ ;` ,,,,i.t.„ • Roundabout Design _._.,„ ,: .,M, �. ,,,4. ,,,t,t,,,,.. ...., .. • Project Risk& Mitigation ,�,,,,,,,,,, ,:tmlio 1 MI 69 itra • Exisiting Pavement Study • Utility Deviation Form w'It • Key Personnel Resumes . 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A '-':''':::';'..;,.'"'',..',-!-',.''', .444 ( ::.':;:i......5•-'-'• 1.!:5':',,,,,-....,. .....-1.:1.i.:.:.!-„:1.11,!,!....'..si.,:.:'':..i.:.,..i'l.::',:;,iiii..1,,i ,:!,i,.$::1:,.:, ..., . .,.. .. ,.„ .. ..,.... ............ I 0 , ..14 i .1!-icaiw:;:,.:::'''-v-,-.1111. p.,:„. . ," ,.„,„., $ a 6155, . ...:,'..:1:.,:,',..a.:,..:......,,:.....::::„., ..,,,,.„„, y t- .a yea R TRANSMITTAL , ,,,„ .... .... ,,...:,,.....:./ . ....:.,,:„,..,,,..,,,,t,,,,,,,,..iikiiii� A LETTER & A ° ..„„,,,,,,::: , ...,...:„.. . ,..„...4„........„. .,.....„ ..., ......, t...„.....,..„:„A EXECUTIVE ,. to, :.:. :,.,v,.,,;:....,-"1:,,;...* ...,.. ....,...„,.... ..,•.. ,,,.,:::••,i''.•„ . ,,,.,J..::::.):4: SUMMARY .. % .'} p a 4 ::''';''.' ''':'-!sr'f'•' -1---;Ar'''7:-''-:''''..":":':or,;•4 ''''.''''''*44'''':-;;1';'414104;'':----;-Vti,,,!;i • --;„t'..:',i0i1!73..'...',:,' d, .. '''-''':•!•4t gg , 6�•, fiJ IL • q H. :41,711:Alosi.j .,....... -.....e.i.••;:4*„.,,,,, , •8 "•-•'• --,..14•C,',.-1,7.-,,,-.i,,,,:-:!'..-,,,,ii:•-•""'''"•t': !•,..,:,::,-,.:Of:•!.....: .iiiiiiik•2•••,-.7..i.....,$.:!.::-;ifi'..,_,.-',. -, p$ f ' -::•'''''''••H* ' ". :'•:...'z. -.I.::s---::•:::.;0,;:''.,:::;-:3„1:4!1: ' . '..,.:''' * ,-... yy...,:'..-.. t.::.--••.i.,-,,,:.::.,E•:.!ir..:1041,4r:::•,.1.'. ,....i.>:.:::::,,,',''77'' '''• ••::i„.,,,A.•"4ts.' .-•-41,),..., ,,,,.'••..:', '.,.- ,. ,"...,VOL'!„..12.4:!'"r,•,-•-..:-,---„!•..',i.t:stiliaiir7 A, .. .4.•< • ..",-„--• ..,,.T.:;„,:;•.•:: ' . t y k. ffi .a^.a.. Yt A aleassi TRANSMITTAL LETTER&EXECUTIVE SUMMARY N. RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ., . QUALITY Procurement Services Division ENTERPRISES Attn:Jim Flanagan,Procurement Strategist 3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112 6 OCTOBER 2020 ' ,-�x, DEAR MR. FLANAGAN &COMMITTEE TEAM MEMBERS, Quality Enterprises USA,Inc. (QE), in association with Agnoli,Barber&Brundage, Inc. (ABB),is pleased to submit this Step 2 response to RPS No:20-7735 for the Design-Build of Whippoorwill Lane Marbella Lakes Drive Connection. The QE + ABB team have received, reviewed, and understand the requirements of RPS No: 20-7735 - Step 2 and agree to be bound by these requirements, including all addenda. Legal evidence of the authority to execute and sign this proposal is included at the end of Section 3: Technical Information. Our Guaranteed Maximum Price(GMP)has been delivered to you under separate cover. QE+ABB is an integrated team of experienced professionals who have a thorough understanding of Collier County's design and construction preferences,quality control practices,and community involvement. QE+ABB have collaborated on 25+projects in the local area and have the unique ability to self-perform over 90%of this Design-Build project. In preparation for this Step 2 response, the QE + ABB team performed additional on-site geotechnical&utility investigations,created an MOT and Construction Phasing Plan,held a Pre- Application meeting with SFWMD,worked with QE's Safety Consultant to prepare a Project Safety (4:"' Plan,and have determined several areas in which the team can add value to the project for Collier County.More information on these efforts are provided throughout this Technical Proposal. • QE + ABB acknowledges receipt of Addendum 1 dated August 25, 2020, Addendum 2 dated September 2,2020,Addendum 3 dated September 11,2020,and Addendum 4 dated September 23,2020 and have included the signed addenda at the end of Section 3:Technical Information. The principal contact for our team will be myself, Louis J. Gaudio,and my contact information is listed below. On behalf of the QE+ABB Design-Build team, I thank you for the opportunity to propose on this project. 41, if Sincerely, Vice President Quality Enterprises USA,Inc. Igaudio@geusa.com geusa.com 3494 Shearwater St,Naples,FL 34114 (239)435-7200 .,,.""a' max ,, . .,fi • e,. ` , ?$,i m mw� e * �, w n., `, w 1 1 A sal TRANSMITTAL LETTER& EXECUTIVE SUMMARY ® RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ► QE+ABB j A PROVEN & ESTABLISHED PARTNERSHIP The QE + ABB team is highly qualified for the TOGETHER,QE+ABB WILL: Whippoorwill Lane and Marbella Lakes Drive • Work closely with Collier County staff to identify Connection Design-Build Project. QE + ABB have and meet all project goals. A 'l•' A collaborated on over 25+ projects, maintain an • Provide industry-proven,technical,construction outstanding working relationship with each other E management expertise. G L.1AA.N C and with Collier County, and have a vested interest in the success of this Design-Build project.The team • Use local resources to meet the County's desired is well established in Collier County and have over 90 schedule. years of combined local experience. QE's crews are • Identify and mitigate risks to avoid delays and skilled at new roadway construction,reconstruction of provide the most cost-effective solutions. existing roadways and pathways, drainage and utility • Comply with all Design Package Criteria and work, lighting & signalization, and scheduling work County Standards for utilities,roadway,and ROW. and subcontractors in harmony with Collier County's • Prioritize public concerns to avoid impacts illion operations. QE + ABB will work collaboratively to on surrounding residents,areas,and the provide Collier County with the most cost effective and environment. REVENUE FROM COLLIER successful design and construction services. • Be available to Collier County at all times. COUNTY IN 2019 QE is a versatile general contractor and will self-perform over 90%of this project.This allows for flexibility in scheduling,adaptability to rapid project changes,and guarantees that a skilled,local,and dynamic workforce will be available throughout the entire Design-Build project. QE+ABB have assembled a group of highly reputable, local companies with proven success to participate in this Design-Build project.Alternate Street Design,PA will oversee Roundabout Design, Bridging Solutions, LLC 1 II will provide Structural Design,Cella Molnar&Associates,Inc.will handle Public Information,Earth View,LLC will 1 1 t perform Subsurface Utility Engineering services,Forge Engineering Inc.will oversee Geotechnical Engineering, TOTAL REVENUE IN 2019 Passarella Associates,Inc.will manage Environmental Consulting,and Trebilcock Consulting Solutions,PA will design Street Lighting&Signalization. 11111 QE+ABB have removed RML Acoustics from the original Design-Build team,as a noise study will not be required for this project.Also,due to the recent award of Collier County's Veterans Memorial Boulevard Extension—Phase 1 Design Build project,QE has elected a change in their Key Personnel staffing for the Whippoorwill Lane Marbella FIRST PROJECT Lakes Drive Connection Project. Howard J. Murrell, QE's President, will oversee Steve Jones,the team's new IN FLORIDA Design-Build Construction Project Manager. Mitch Tourino will assume the role of Construction Superintendent and Howard J. Murrell III, QE's Construction Technology Manager,will be on site daily as he is responsible for the installation and implementation of new control systems in all equipment.Brent C.Guillot,ABB's Landscape Architect,has also been added to the Design-Build team,as well as Kellie A.Fissinger,P.E.who will replace Kevin Dowty,P.E.as the Design Project Engineer.Resumes have been included in Section 3 of this Technical Proposal for the new Key Personnel. FIRST JOB COMPLETED ► PROJECT GOALS& OBJECTIVES FOR COLLIER COUNTY The Collier County Board of County Commissioners recently approved the conceptual layout for the Whippoorwill Lane and Marbella Lakes Drive Connection,which includes four roundabouts and a new mast-arm signal system at the intersection of Livingston Road and Marbella Lakes Drive.The QE+ABB team understands the necessity of this project as it will provide two major benefits to the area. First, the new alignment will provide better connectivity and access along the corridor. Second,the project will provide traffic calming along the corridor STARTED CONTRACT using roundabouts and lane width reductions.QE+ABB's projected workload aligns with the proposed Design- WITH COLLIER COUNTY Build schedule and the team commits to providing the required services, mobilizing resources in response SCHOOL BOARD& HELD to the established timeline, and to being readily available and accessible during all phases of the project. EVERY YEAR SINCE h DESIGN-BUILD DELIVERY PLAN QE has successfully completed hundreds of projects for Collier County.With key players from QE and Collier County involved on many of the same projects,a strong relationship has been formed and the QE+ABB team is aware of > the County's high standards and expectations for local work.QE+ABB have put a significant amount of planning STARTED COLLIER COUNTY into this project and the team's understanding of local conditions will expedite movement through all phases. QE's role as overall project manager includes overseeing clearing and grubbing,earthwork,installation of storm piping, UTILITY EMERGENCY utilities, base courses, asphalt paving,curb&sidewalk. QE's Construction Project Manager will coordinate all CONTRACT& HELD submittals,RFI's and payment requisitions with Collier County and will confirm that all work is in compliance with EVERY YEAR SINCE plans,Collier County specifications,and permit regulations. ABB will be instrumental in the project design and will provide survey,permitting,construction administration,and construction engineering inspection(CEI)services. 2 0 TRANSMITTAL LETTER& EXECUTIVE SUMMALYI, A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ► PROJECT OVERVIEW & BACKGROUND Marbella Lakes Drive consists of two 12-feet-wide undivided travel lanes extending 1,320 feet eastward from Livingston Road and dead-end at Hermosa Way. Marbella Lakes Drive was originally designed as the first 2-lanes of a future 4-lane roadway that would ultimately cross over 1-75 and connect to Green Boulevard to the east(an improvement which has since been removed from the long-range plan).The existing 2-lane roadway has an urban cross section with Type F curb and gutter and sidewalk along the south side. The north side of the roadway is a rural section with open drainage.The Kensington Canal,which is a separate drainage system,is located north of the road ROW.A 10-ft wide multi-use pathway borders the canal to the north.Figure 1.1 shows an overview of the Design- Build project location. Whippoorwill Lane extends southward from Pine Ridge Road approximatelythree-quarters of a mile and terminates at a cul-de-sac immediately south of Stratford Lane.The roadway cross section generally consists of two undivided travel lanes with associated right and left-turn lanes varying in width „l„„Z„µ, WHIPPOORWILL PROPOSED N&E!ARBELLA - • g Y 9 LANCES DR CONNECTION from 11-feet to 14-feet separated by gore-striped, at-grade medians. LOCATION ..P Right and left-turn lanes serve each development entrance along the 1 . roadway, resultingpavement widthsgreater than 50-feet at some "�"�"°'°"y.,%= •• Y in -• -•�- intersections. Whippoorwill Lane consists of an urban cross section with a closed-drainage system. Type F curb and gutter is present on "- the west side and then turns into valley gutter at the north end of the v • project adjacent to Naples Nissan. The east side of the roadway has a -• mixture of valley gutter and Type F curb and gutter. There are no paved +o shoulders or on-street bike lanes. Whippoorwill Lane currently serves as the only means of ingress and egress for a residential area of 250+ s �,w �_<;- acres with over 1,200 residential dwelling units along both sides of the roadway.Whippoorwill Lane also serves as the only means of access for the institutional uses of Avow Hospice&Seagate Baptist Church. FIG Collier County developed a Concept Plan that reimagined the interconnection project.The project limits on Whippoorwill Lane were extended north from Stratford lane to just south of Kraft Lane. The traffic calming elements incorporated into the Concept Plan CONCEPT PLAN MAJOR COMPONENTS are intended to work together to specifically target the traffic-related issues(speeding,cut-thru • Traffic signal at Marbella Lakes Drive&Livingston Rd. traffic,trucks,etc.)expressed by the stakeholders. The Concept Plan seeks to utilize as much of * Four(4)new roundabouts to encourage a reduction the existing roadway infrastructure as possible in order to reduce construction costs. in operating speeds and to discourage cut-thru traffic throughout the entire corridor In addition to improving access and providing additional route choices for residents and * Street lighting at the roundabouts businesses along the project,the interconnection also improves access and response time for * Sidewalk interconnections to complete the pathway first responders and provides route choice opportunities in the event of emergencies that may network restrict the flow of traffic on the adjacent arterial network. Vehicular crashes on Pine Ridge Road s Raised median"splitter Islands"within the new at or near Whippoorwill Lane can severely affect traffic on Whippoorwill Lane. Interconnecting roadway segments Marbella Lakes Drive and Whippoorwill Lane would benefit the North Naples Fire Control & * 10'wide travel lanes for the existing and new Marbella Rescue District,the Collier County Sheriffs Department,Collier County Emergency Services&the Lakes Drive segments Collier County School District by providing the agencies'operations a second means of entering/ a 11'wide travel lanes with widened raised medians on existing the area,thus reducing travel distance and response time. Whippoorwill Lane Currently,residences along Marbella Lakes Drive and Whippoorwill Lane are in separate school zones,so school bus operations are independent of each other.Buses must travel along the roadways in one direction and turn around to exit the area.School bus operations prohibit students from crossing the road so students are picked up on both sides of Whippoorwill Lane,stopping traffic in both directions when a bus is loading/unloading.The Concept Plan provides safer school bus operations during the loading and unloading of students where raised medians will prohibit illegal passing of a stopped school bus,allowing opposing traffic on the other side of the raised median to proceed.Additionally,the roundabouts allow bus drivers to easily reverse directions to pick up students at stops on the opposite side of the street. The Concept Plan also features complete street principles and a context sensitive design to achieve the objectives of reducing the speeds of vehicles using this interconnection while discouraging cut-thru traffic.There is a significant benefit to the residents and businesses within the project area by interconnecting the two roads as depicted in the Concept Plan. ► DESIGN & CONSTRUCTION PLANS OVERVIEW QE+ABB have thoroughly reviewed the Design Criteria package,as well as the Concept Plans,and have began development of 60%Plans that will be ready for submission to the County shortly after project award.The team has visited the site,performed preliminary GPR and soft-dig locates,and created critical Phasing,Safety,and MOT plans.This is beneficial to all parties involved,including local residents. GEOTECHNICAL INVESTIGATION QE+ABB,in conjunction with Earth View,LLC and Forge Engineering,have performed soft dig locates and hand augers in order to better prepare for subsurface conditions such as presence of rock and/or water table. This initial investigation will prove beneficial to ABB for drainage and earthwork design,as well as to QE to ensure that the right equipment is prepared and on site. Starting the project with the right equipment will yield project succcess and increase production. QE has the proper equipment and the necessary pumps and materials to deal with encountered rock and water table conditions. 3 1 1 A TRANSMITTAL LETTER& EXECUTIVE SUMMARY GINN RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection •.L Nu.5C4d.a ,.� o,�,„ N.a a-Y:�W�i" .9�/ ;='�-� �x,iawVf�"'h0.+.".�w�YC'6�3d5'?' 1 I► ROADWAY DESIGN Whippoorwill on the east side of the roadway. This project is a 52-unit A critical first step in designing a new roadway is establishing the Design Criteria&Standards that must be adhered to based on the type of facility multi-family project developed by Habitat for Humanity. The design and and determining if it is part of the State Highway System (SHS). The permitting is currently underway and it is anticipated that this will be a right- Whippoorwill Lane Marbella Lakes Drive Connection will be designed per in/right-out driveway.Since there is a proposed median on Whipoorwill Lane the Manual of Uniform Minimum Standards for Design,Construction and at the project entrance,to enter the project from the north,vehicles would Maintenance for Streets and Highways(Florida Greenbook,2016)as it is a make a U-Turn at the Stratford Place roundabout. For residents wishing to public road but is not part of the SHS. travel south there are two options to make U-Turns. The closest point is I► QE+ABB have included the Design Criteria Matrix which details this the full median opening at Mariposa Circle. However, a bump-out on the project's Roadway Design Standards, along with a comprehensive west side of the roadway would be required for this movement. The second Roadway Design Description,in Section 3 of this Technical Proposal. option is to allow the U-Turn at the second intersection to the north through the roundabout at Night Hawk Drive/Andalucia Way.Figure 1.2 displays the I► EXISITING DEVELOPMENT ACCESS proposed Cayo Whippoorwill project Concept Plan. The conceptual layout for the Whippoorwill Lane and Marbella Lakes The second benefit is that the project will provide traffic calming along Drive Connection includes four roundabouts and a new mast-arm signal the corridor using roundabouts and lane width reductions. Traffic calming system at the intersection of Livingston Road and Marbella Lakes Drive. reduces vehicle speeds, increases road safety, reduces environmental Team member Norman Trebilcock has been involved in the development impacts (improved air quality and reduced noise levels) and increases of Whippoorwill Lane and surrounding development since its inception comfort and mobility for non motorized users such as bicyclists and (ROW acquisition,roadway design, permitting,utility design,and design/ pedestrians.Roundabouts also maintain roadway capacity. All of this leads permitting of neighboring projects). Mr. Trebilcock also provided past to more livable communities with increased neighborhood interaction, public support to the County's connectivity approaches.This rich history ` enhanced aesthetic values,reduced crime,and increased property values. of project involvement will aid QE&ABB in efficient and effective project EXISTING PAVEMENT ASSESSMENT execution. QE&ABB understand the necessity of this project as it will provide two QE + ABB performed an existing pavement inspection of both Marbella major benefits to the area. The first is better connectivity and access along Lakes Drive and Whippoorwill Lane using Collier County's Asphalt Paving the project corridor.The residential community along Marbella Lakes Drive Rating Form.The form measures the amount of pavement defects there will have direct access to Pine Ridge Road and 1-75 via Whippoorwill Lane. are nine categories with a scale of"0 10',and two categories with a scale of The new alignment will reduce travel to 1-75 by more than three-quarters "0-5."("0"indicates that no defects are present.)The sum of all the defects of a mile. The existing portion of Whippoorwill Lane is a vibrant corridor are totaled and then subtracted from"100"to produce the condition rating, that serves many residential communities and commercial properties as and the completed forms have been included in Section 3 of this Technical well as Seagate Baptist Church.Residential communities include Stratford Proposal. Place, Mariposa at Whippoorwill,Andalucia Naples, Gusta Bella Vista and The asphalt along Marbella Lakes Drive is in excellent condition and showed The Reserve at Naples. Commercial properties include Naples Nissan, only a few minor defects,resulting in a condition rating of"98." It appears Avow Hospice,and assorted businesses along Dudley Drive to the east.The that the road has been resurfaced recently. Thermoplastic striping is only commercial properties are mostly north of the project limits.Whippoorwill present at the intersections of Livingston Road and Hermosa Drive and there Lane will have direct access to Livingston Road with a proposed traffic are no reflective pavement markers(RPMs). Although the asphalt pavement signal via Marbella Lakes Drive. This new connection will reduce travel to is in excellent condition,the portion that would remain still needs to be milled Livingston Road by one mile. This connectivity provides a safety benefit and resurfaced in order to blend in with the widening of the roadway. It is to the nearly 2,000 residential units by offering a second direction of travel anticipated that there will be new construction at the proposed roundabout. in the event that there is an obstruction or blockage in one direction of The asphalt for Whippoorwill Lane shows defects in all but one category travel on the roadway(i.e.major accident at the Whippoorwill/Pine Ridge with significant transverse cracking and exposure of aggregate/surface intersection—traffic will now be able to be diverted to Livingston Rd/ ravel. The sum of the defects is"25"resulting in an overall pavement rating Marbella Lakes Dr). of"75." Thermoplastic is observed throughout the corridor,but it is faded The corridor is essentially built out and there is one new project in the and cracked. RPMs are present,but approximately 70%of them are missing. permitting phase. The proposed development Cayo Whippoorwill will The need to mill and resurface is consistent with the Concept Plans. New be located between Stratford Place and Mariposa directly accessing construction,to ensure proper grading,will be required at each of the two M1.)---- f ,. s i I Figure 1.2-Proposed Cayo Whip i' L � " .-- driveway 1 1 A r TRANSMITTAL LETTER& EXECUTIVE SUMMARY aINm• RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection 10 UTILITY DESIGN QE+ABB will work to protect the existing utilities and avoid relocations as watermain along Whippoorwill Lane appears to conflict with the proposed much as practical and will conform with Collier County Utility Standards dual 30"pipes for the Kensington Canal connection.Soft dig locates will after the roadway and stormwater improvements are constructed.These be used throughout this roundabout area to pin-point the exact locations include but are not limited to:depth of cover(30"min and 48"max),pipe and the drainage design will be adjusted accordingly. material under pavement(DR-14 PVC),horizontal and vertical separation Moving north along the Whippoorwill Lane alignment,the 12"watermain from storm drainage improvements and other utilities (5-ft and 18" crosses from the east side of the ROW to the west side of the ROW in respectively,) and horizontal distance from curbs and gutters (5-ft min). the vicinity of the Stratford Lane cul-de-sac. Just south of this crossing a If these criteria cannot be met for a special circumstance,QE+ABB will quadruple 30"pipe crossing is proposed. It may be possible to sump the apply for a deviation using the Collier County Utility Deviation Form which inverts of the drainage pipes to go under the watermain. If not,the 12" has been included in Section 3 of this Technical Proposal. watermain would need to be dipped underneath the drainage pipe. A soft QE+ABB reviewed the Concept Plan,obtained GIS locations from Collier dig locate will be directed at this point. County Utility Department (seen below in Figure 1.3), and called in a The third roundabout is proposed at the entrance to Stratford Place. A design ticket through 1-800 Sunshine,in addition to the preliminary locates 10"forcemain is present on the east side of the road and connected to a performed by Earth View,to determine the potential utility relocations and lift station at Stratford Place. There are no direct utility conflicts at this identify the utility owners. FIGU roundabout,although a portion of the 12"watermain will now be located k ` ,, co ----COUNTY UTILmES Ols 2 k :: under pavement for approximately 75-ft. '. 3 ,, a r i p. : Both the 12"watermain and 10"forcemain continue up the west and east r� -; i �, 'i sides of the ROW,respectively until the end of project.Each of these lines + i >^ -. provide services to the adjacent communities. For the most part, the " T Pig,F"'"""' 4 4 construction on this portion of Whippoorwill Lane is within the existing kit, � z = _ Alo curb lines of the roadway. All the existing underground drainage will I . ; 44. Z v 71 .tx t 3~ P F� ;• f � remain in-place with a few minor tie-ins for new curb inlets and manholes; c{I ,. ,�- .. t therefore,no utility relocations are annepated•in this area. !'415 µ 7 "` ., " There are no private utilities along the Marbella Lakes Drive portion. it e1i "e0. ' 7. Marbella Lakes and Aviano Naples are served from connection along ils 14 w At i.? . Livingston Road. There is an overhead FPL line with poles along the west " �j y. ' ' ,,,,, -. t side of Whippoorwill Lane which commences at the southeast corner i of Aviano Naples and continues the entire length of Whippoorwill Lane ' A P.M? 1 Pine Ridge Road. A telephone line(CenturyLink) and TV Cable - :;., north to P ( Y 9 At the Livingston Road intersection,a 10"forcemain and a 16"watermain (Comcast)are also on the aerial pole-line and there are no conflicts with cross Marbella Lakes Drive. A mast arm is proposed on the northeast the FPL poles or overhead lines. corner which may be in conflict. Earth View,LLC will use soft dig locates )1 SIGNAL DESIGN to determine the exact horizontal and vertical location of each main.A 4" forcemain is connected to the 10"forcemain and turns east down Marbella The intersection of Marbella Lakes Drive and Livingston Road is planned Lakes Drive to serve Aviano of Naples to the north. This line is located to be signalized as part of the project improvements. QE+ABB would outside of the project improvements in the vicinity of the 10-ft pathway to prepare a signal warrants analysis using count data and predictive data remain and is not in conflict. The 16"watermain tees off to a 12"watermain to verify the warrants in accordance with Collier County criteria. The on the north ROW line of Marbella Lakes Drive.The line is approximately 8-ft signal system will be laid out with single mast arms as requested by the to the proposed Type F curb and gutter and proposed curb inlet associated County. The team will plan to have supplemental light fixtures on each with the dual-left turn lane widening. Soft dig locates will be needed to mast arm,and will design the system in conformance with Collier County confirm this location and whether or not there is sufficient clearance. standards. This signal will be tied into the existing signal fiber running along Livingston Road. Per the Concept Plans, as the alignment shifts north at the roundabout at Hermosa Drive, the 12" watermain conflicts with two curb inlets. LIGHTING DESIGN Approximately 400-ft of the main will need to be relocated to the north, • There is not existing continuous street lighting along the 2-lane developed while maintaining clearance from the proposed dual 24"x 38' ERCP. The section of Whippoorwill Lane. There is intermittent lighting provided at the QE + ABB proposed drainage design would eliminate two curb inlets to development entrances and there is some lighting along Marbella Lakes avoid the relocation of the 12"watermain.Another watermain is present in Drive. The existing lighting utilizes FPL lighting. They are high pressure the vicinity of the 10-ft pathway. This 8"watermain serves Aviano Naples sodium cobra head fixtures mounted on an arm and attached to concrete and is located under the pathway and continues to the east and is not in poles at a 25-ft mounting height.As a value-added approach to the project, conflict with the improvements along Marbella Drive. The 12"watermain QE+ABB recommend that Collier County consider using FPL lighting for continues east and has a 12"tee connection to the south entering Marbella the entire length of the project in order to establish uniform lighting for the Lakes. There is no conflict with this crossing. length of the project. Instead of lighting just the roundabouts with 4 lights Both the 8"and 12"watermains continue east where they connect to a 12" per roundabout per the initial engineering concept, a complete lighting watermain on the east side of Whippoorwill Lane. Both lines will conflict program using FPL fixtures is being recommended by the Design-Build with the proposed roadway drainage pipe.It is likely that both utilities will team. As a lease program,the upfront capital costs are significantly less need to be deflected underneath the proposed drainage. In addition,the 12" (1/3 of the estimated costs for just lighting the intersections). ® 5 GL®"MINI TRANSMITTAL LETTER& EXECUTIVE SUMMILY1 A EN RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ® LIGHTING DESIGN (CONT.) ` MANAGEMENT OF CONSTRUCTION IMPACTS The initial costs are limited to conduit installation and the cost of a few TO SURROUNDING COMMUNITIES needed transformers. FPL lighting already exists on the corridor and FPL QE+ABB understand the importance of coordinating with adjacent property is in the process of converting the existing high-pressure sodium lighting to owners throughout the life of the project and are committed to completing LED fixtures. By installing a complete FPL lighting system,the operation and the project on time and with as little interruption as possible. Many of the maintenance would be the responsibility of FPL, so it would not burden the team members live in close proximity to the project limits and a majority of the County lighting maintenance efforts. As a collector roadway,this approach team's Key Personnel reside in Collier County. would seem appropriate. The following are a list of the key stakeholders along the project corridor that There is an existing overhead electric distribution line along the west ROW will need to be coordinated with often: Collier County Public Utilities, Collier of Whippoorwill Lane that will impact the placement of the proposed street County ROW&Road Maintenance,Collier County Real Property,Collier County lighting system. Due to the existing residential development along this Public Schools - Bus Transportation, US Postal Service, Aviano Community, corridor,consideration of the lighting system with a lower mounting height like Marbella Lakes Community,Stratford Place Community,Mariposa Community, the existing as an accommodation is recommended. QE+ABB have prepared The Reserve at Naples, Andalucia Community, Gusto Bella Vita Community, a preliminary recommendation of using FPL lighting fixtures for the entire Seagate Baptist Church,and various commercial businesses along Pine Ridge roadway. The team would use a lower mounting height,based on addressing Road in close proximity to project limits. potential concerns of nearby residents as well as use of house shields to prevent backlighting. Light levels will meet/exceed applicable FDOT Design The largest impact will be MOT and how local residents will maneuver Manual criteria for average foot-candles and uniformities.QE+ABB believe the around orange barricades throughout the work zone. In response,QE+ABB teanys recommendation for a continuous FPL LED lighting system will provide a developed a phasing plan to minimize impacts and to provide the local traffic cost effective,safe,and efficient lighting system that will benefit the residents options around the work zone. QE+ ABB also engaged Bob's Barricades to of the corridor. provide state of the art Variable Message Boards that will be strategically placed throughout the project and can be controlled remotely so that changes The decorative lights at the intersection of Livingston Road and Marbella Lakes to signage can be made instantaneously to provide up to the minute guidance. Drive can be relocated or replaced with mounted lights on signal mast arms. FIGURE 1.4-Existing FPL lighting along the south st Drive. These lights would remaintbe adjusted and be upgraded to Ii1 (house shields) to create a uniform lighting system for the entire length of the improvement project. Y. - gig, 4.• • k.= ••• ,,, 3 le •`" FIGURE 1.5-Existing FPL HPS Cobra '" " attached to a concrete pole found alongtheeXfatalg be upgraded to LED(with house shields)and" spt t , uniform lighting system operated and mainta DRAINAGE DESIGN ` MINIMIZE IMPACT TO MAINTENANCE OF Drainage&Stormwater management are integral components of a successful OPERATIONS roadway project. This Whippoorwill Lane Marbella Lakes Drive Connection QE+ABB will work closely with Collier County Transportation,Collier County project will be designed in compliance with the FDOT Drainage Manual;SFWMD Utilities,CCPS,and the surrounding communities to limit disruptions to the ERP Information Manual; Florida Administrative Code, UC Chapter 14-86; traveling public,pedestrians (walkers and bikers)and residents throughout Federal Aid Policy Guide 23 CFR 650A;and the requirements of the regulatory the project. This will be accomplished by always providing uninterrupted agencies. QE + ABB held a pre-application meeting with the South Florida access to driveways and community entrances.Additionally,utility shutdowns, Water Management District(SFWMD)to discuss this project. if required,will be closely coordinated with the County to occur during peak The details from SFWMD can be found in Section 3 of this Technical down times to minimize disruptions to local residents and businesses. Proposal,along with the team's full Drainage Design Description and detailed NOISE STUDY chart outlining the Design Parameters associated with the drainage system. It has been determined that sound walls are not required for this Design-Build COLLIER COUNTY'S INPUT project;therefore,a noise study does not to be completed. However,should this need change,QE+ABB have the ability to perform requested studies for QE + ABB will work diligently with and for Collier County during all project phases to provide the most economical design and best construction services. the County. The team encourages input from the individuals that will own, operate, and ` NOISE & ODOR ABATEMENT maintain the system after its completion and value feedback from staff at all levels to ensure long-term project satisfaction. QE+ABB strive to ensure QE+ABB do not anticipate noise or odor exceeding acceptable limits for this that this Design-Build project has a long-lasting positive effect on the County's project. All noise levels will be maintained at or below the allowable Collier infrastructure system. County ordinance limits. In the event that rock is encountered during any excavation operation, QE will utilize its Epi Rock cutter attachment. This method of rock removal uses a rotating attachment on a hydraulic excavator to cut through rock layers and is no louder than a standard excavator. 6 .. TRANSMITTAL LETTER & EXECUTIVE SUMMARI 1 A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection 00 PUBLIC OUTREACH CONCEPTS QE+ABB'S CONSTRUCTION PHASES ARE DESCRIBED BELOW: Community awareness, outreach, involvement, and communication are PHASE 1 imperative to the success of this Design-Build project and will be handled • Phase 1 is the longest phase with the most amount of activity but in full by Cella Molnar&Associates,Inc.(CMA).Politically sensitive issues will cause the least amount of disruption to the traveling public, will be immediately brought to the attention of Collier County staff. QE is local residents and pedestrian traffic. All work in this phase will currently working with CMA on three high profile Design-Build projects for take place without changing any of the current traffic movements. Collier County, both of which have required extensive public outreach to In this phase,QE will construct the connecting roadway between the local businesses and communities. existing Marabella Lakes Drive and Whippoorwill Lane inclusive of all clearing,earthwork,storm piping,curbs,road base and paving. In DESIGN addition,the roundabouts at Hermosa Way and Stratford Lane will also * Once the County issues the NTP,a newsletter to kick-off the project will be incorporated.The roundabout at Hermosa Way will be completely be mailed to property owners within 300 ft.of the ROW. The newsletter constructed in a single phase without any interruption to existing will also be mailed to the contact person for the homeowner's association traffic patterns.The roundabout at Stratford Lane will be constructed (HOA)for Aviano,Marbella Lakes,Stratford Place,Mariposa,The Reserve in a 2-Phase arrangement as shown in the team's MOT plans to allow at Naples,Andalucia,and Gusto Bella Vita for distribution to their members for continuous access to Stratford Place. and will also be available on their websites. PHASE 2 • In 2019,during the Intersection Study, presentation/meetings were held •This phase will include the widening of the existing Marabella Lakes with the seven HOAs and a survey was conducted.The Concept Plan was Drive from Livingston Road to Hermosa Way. This phase will be presented so the attendees have knowledge of what is proposed.Prior to inclusive of storm pipe installation,curbs,roadway base and paving. commencing 60%plans,another round of presentation/meetings will be In addition,the turn lane and signalization at Livingston Road will be held with the same HOAs to obtain input on the design. incorporated into this phase. • Roundabout education will be important for the project. There are several PHASE 3 videos produced by the FDOT that educate the public,including motorists, vehicles and pedestrians, on how to use a roundabout. There are also •This phase will include the roadway work along Whippoorwill Lane brochures that can be distributed to the public.These education materials inclusive of storm piping and adjustments, curbing and paving. The can be used at the HOA meetings and at public meetings. roundabout at Andalucia Way will also be constructed during this phase. This roundabout will be constructed in its entirety without • A newsletter announcing the public meeting will be mailed and emailed to disruption to existing traffic flows utilizing existing turn lanes. property owners,tenants and interested parties who signed up for email at the HOA meetings. Depending on the state of COVID,a virtual online ►. SITE SECURITY meeting may also be an option;or CMA will poll interested parties about which meeting they would prefer to attend and possibly hold a hybrid The QE+ABB team prioritize site security. With QE's Corporate Office meeting. & Equipment Yard 7 miles from the project site, mobilization, storage, and maintenance costs will be reduced.Site access during construction CONSTRUCTION will be controlled and only authorized personnel will be allowed onsite. • At the preconstruction public meeting, project contact cards will be Clearly visible signage for permitted access will be furnished. Materials provided for residents and businesses so that they have a single point of will be distributed throughout the project as needed.Staging areas will be contact for questions or comments.All contractors and subcontractors secured with orange safety fencing and restored to existing conditions will carry the cards to distribute if approached by anyone in the field. upon project completion. • Weekly RoadWatch updates will be provided to the County and also to DEMOLITION & RESTORATION the HOA's for distribution. A 24-hour toll-free hotline will be provided. Residents and businesses can reach out with a concern and the contractor Demolition work on this project will be kept to a minimum. The majority will be contacted immediately to resolve the issue in the field. of vegetative clearing will be isolated to the new section of roadway connecting the existing Whippoorwill Lane and Marabella Lakes Drive, CONSTRUCTION TRAFFIC CONTROL PLAN as well as a small portion of clearing for the storm detention area on the east side of this roadway, if required for permitting. In an effort to Extensive thought has been put into a Traffic Control Plan that will minimize remain environmentally conscience, QE will recycle materials removed impacts to the traveling public, local residents, and pedestrians during from this project during demolition. Clearing and vegetation will be this Design Build Project. QE + ABB believe that a three phase roadway chipped for mulch and compost,asphalt millings will be recycled in new construction plan will yield the least amount of traffic disturbance/required asphalt mixes,and concrete curb and sidewalks that are removed will be traffic control devices to minimize confusion.All plans and devices will be crushed and recycled as stone bedding or base materials.Areas requiring designed and placed in accordance with the latest FDOT Specifications. restoration within existing walkways and travel lanes will be prioritized In preparation for this project, QE+ ABB worked with Bob's Barricades to immediately following work in that area. review phasing and Maintenance of Traffic (MOT). The team will provide traveling motorist and pedestrians high visibility signs and message boards ► EXTENDED PROJECT WARRANTY for advance warning within the project limits.The message boards are state of the art and remote controlled so that changes in work patterns and traffic In addition to the standard one-year warranty typically provided on all Collier County projects,QE will extend the warranty on labor and materials switches are provided instantaneously. for the Whippoorwill Lane Marbella Lakes Drive Connection project by one year for a total of two years total warranty.This is beneficial for the County and reinforces QE+ABB's dedication and interest in this Design- Build project. 7 1 1 A TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ` INNOVATIVE APPROACHES & ADDED VALUE TO DESIGN & DELIVERY The QE + ABB team will design and deliver an innovative and cost- preliminary desktop review, at least two 6" Live Oaks and groundcover effective Design-Build project.The QE+ABB team offers enhanced safety will need to be removed to make way for said improvements as well as measures, increased product durability, ease of maintenance, a timely relocation of the existing irrigation line. project schedule,and advanced designs to name a few to Collier County. • MATERIALS QE+ABB will use their experience to drive cost effective solutions for the County. RECYCLED CONCRETE AGGREGATE BASE(RCA)-In conforming with FDOT specifications,QE+ABB believe that the use of RCA is far • EXTENDED PROJECT WARRANTY- more superior to the limerock base used throughout Collier County In addition to the standard one-year warranty typically provided on all and is offering this an alternative base course if preferred by Collier Collier County projects,QE will extend the warranty on labor and materials County,RCA has several potential advantages over virgin aggregates as for the Whippoorwill Lane Marbella Lakes Drive Connection project by a pavement base course. First,RCA can be a stronger base than virgin one year for a total of two years total warranty.This is beneficial for the aggregates(LBR Value of 150 vs. 100 for limerock)and less subject to County and reinforces QE+ABB's dedication and interest in this Design- strength loss with moisture content fluctuations.Certain virgin materials Build project. in SW Florida that otherwise meet specifications can lose substantial strength with moisture content changes.These can be as small as 1%or • FPL LIGHTING LEASE- 2%from optimum,even when properly compacted. As a value-added approach to the project,QE+ABB recommend that ASPHALT MIX DESIGN USING RECLAIMED ASPHALT PAVEMENT(RAP) Collier County consider using FPL lighting for the entire length of the - project and establish uniform lighting for the length of the project. QE+ABB have incorporated the use of RAP into the proposed asphalt Instead of lighting just the roundabouts with 4 lights per roundabout per mix designs. RAP is a useful alternative to virgin materials because it reduces the use of virgin aggregate and the amount of virgin asphalt the initial engineering concept, a complete lighting program using FPL fixtures is being recommended by the Design-Build team. By installing binder required in the production of HMA. Using RAP greatly reduces the amount of construction debris going into landfills, and it does not a complete FPL lighting system,the operation and maintenance would deplete nonrenewable natural resources such as virgin aggregate and be the responsibility of FPL,so it would not burden the County's lighting asphalt binder. Ultimately, recycling asphalt creates a cycle of reuse maintenance efforts. that optimizes the use of natural resources and sustains the asphalt * LANDSCAPE ARCHITECTURE- pavement industry. Brent Guillot, RLA, Vice President of Landscape Architecture for ABB, • MOT&SAFETY PLAN WITH BOB'S BARRICADE- spoke with Pamela Lulich,Landscape Operations Manager,and Katherine Chachere, Project Manager from the Collier County Road Maintenance QE+ABB have analyzed each aspect of this Design'Build project,and the Division,on August 31,2020 regarding the Whippoorwill Lane Marbella safety of construction crews,vehicular traffic,and pedestrians within the Lakes Drive Connection Design-Build project. work zone are of utmost importance.QE's Safety Committee collaborated on phasing and MOT plans with Bob's Barricade to provide a secure and For this project,a base level of landscaping is required. As defined in safe environment for all involved.Approved traffic safety devices will be the Collier County Landscape Beautification Master Plan, base-level inspected and maintained before and during each work shift,as well as landscaping is the ground preparation for future plantings and typically confirming that all devices are set in place per approved plans. includes electrical and irrigation sleeving,clean median backfill with 8"of planting mix,non mountable curbing(FDOT Type F),bahia sod,and brick MOT and how local residents will maneuver around orange barricades pavers at the median ends. Although plantings are not included in this throughout the work zone was discussed with Bob's Barricade's. QE+ ABB + Bob's Barricade developed a phasing plan to minimize impacts scope,preparations for future plantings are. The sequencing of roadway expansion and base-level landscape preparation prevents any duplication and to provide the local traffic options around the work zone. Bob's of base construction costs on future projects. If a developer/MSTU Barricade will provide state of the art Variable Message Boards that located along the project wishes to improve the level of landscaping,then will be strategically placed throughout the project and can be controlled they would be required to pay for a portion of the maintenance and 100% remotely so that changes to signage can be made instantaneously to of the additional plantings and irrigation improvements. There has been provide up to the minute guidance. some discussion that this could take place along Marbella Lakes. • PHASING OF CONSTRUCTION- In addition,the OE+ABB team,with in-house Landscape Architect,Brent QE+ABB believe that the team's proposed phasing is innovative, as it Guillot,are looking to maximize future landscaping opportunities along provides the best alternative to minimize impact to the local residents, the corridor by incorporating minor design changes in the roadway plans. traveling motorists,and pedestrians. For example,by increasing the sidewalk buffer width from 5-ft to 6-ft at • ROUNDABOUT DESIGN- the roundabouts, tree plantings could be introduced to that portion of QE+ ABB propose the following roundabout design elements: design the project. The design will include mounded central islands that slope for a WB-50 furniture truck allowing better access for deliveries upward from the truck apron per FDM 213.9. The mounded central while maintaining a similar roundabout footprint,tailor the location of islands,along with future tree and shrub plantings,will increase visual crosswalks so that vehicles exiting the roundabout have ample sight- awareness of the roundabouts as well as enhance aesthetics. distance to slow down but not enough time to be in acceleration-mode, Landscape Remediation plans will be required for impacts to the use of a straight crosswalk as opposed to a kinked sidewalk at each existing landscaped median at the proposed northbound U-Turn lane median crossing,and use of mounded central islands to increase visual on Livingston Road at Marbella Lakes Drive intersection. Based on a awareness and safety of the roundabouts as well as enhance aesthetics. C8 1 1 A 0 A2 1b 111 a PROJECT- 1/4, , 1 ' ', 0 wilt No-,- -----1 .;,,_1:,, . , ,,,, ; ,, TEAM I:: APPROACH .,,,, „,,,..:146.,... _ ,. — ii, ,,4i1„,. ,,,,,,,, -,-,,,i„,..,..... ____....... „, . ,,...,r,,,,,„,„4,, ,,,,:„.: -- .,...„. , (� i ...: "'�'� < may_ . s . • I elk. ,, t %Hf iS 1nQri�!a��^jyS;V�'n ., .,„ , t_ L S.¢ `AAA i - '1'',-,1,',''4'''/,.'1„,,,2,,','',-,'':',' i,, .0 1,i,, —Pl.:i,r',„-f.,Il-..uril,drO,i!',,-,,.•l.ia-O,,„•.r ... kit' i' '4 '' ,,.,,,..,..,,'I.',+i:_',' • f' �. _ ka" - r ' 3 ',. '` • M1, < I 1' ', og 4 . . < 8 may.' Gt_ PROJECT TEAM APPROACH 1 A .. RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection may,,,,, , - PROJECT TEAM APPROACH :i. QE+ABB is the local,trusted,and reputable choice for this Design-Build project. Having completed hundreds of projects with similar components "?S in Southwest Florida,QE+ABB is confident in their ability to successfully •j( � \ complete this project on time,within budget,and at high levels of quality. J t I QE's past experience on Design-Build projects,as well as construction of �w' .\ roundabouts, allows the team the ability to fast track construction as the � 'design progresses.The team will divide the project into three(3) phases for roadway construction in order to minimize interruption to the traveling ,�; public and the amount of needed traffic control devices. An illustration of t 'VTk t the Phasing Plan is provided in Section 3 of this Technical Proposal. , <-c, i • l'' QE + ABB will immediately focus on survey, permitting and drainage e Rol t r design to allow construction to start as quickly as possible. The team;` _ g. „ , i held a Pre-app meeting with SFWMD and feel confident that permits will '1 ,,, . _ r he expedited.Collier County can trust QE+ABS to deliver a timely,cost- ,r v 4+^ . E ., ., . 5 effective, and high-quality solution that exceeds standards based on the A .1 1t�4' x Y. :,:74A ` ', Ate '•3 ,., teams proven local performance. d•o; `' }a/ . , ,,, '�# '. ► COMPANY OVERVIEWS w , QE is a leading construction firm based in Southwest Florida that focuses � � on major civil,building,and specialized construction in both the private and t t public sectors.OE has worked in Collier County since 2002 on a variety of a ¢ try r; �,' infrastructure projects and has a dynamic knowledge and understanding � j, of local construction and regulatory conditions. With the ability to self t if perform the majority of each project, QE maintains job site control and ? nri '4 00 l ' rt't. has never been assessed liquated damages for project delays. QE will perform all asphalt paving on this Design-Build project and is a member of ` _ 121� #„„ the National Asphalt Pavement Association(NAPA). ,,,, QUALITY ' ABS is proud to have served the engineering, surveying and planning s 1 -i needs of Southwest Florida for over 37 years. As a locally owned and ,, j" _ operated enterprise, ABS is uniquely positioned to offer services to the ,' local surrounding communities.All of ABB's principals and staff are local • , 1 • r' residents and are familiar with the issues affecting the quality of life in r � t',' Southwest Florida.As part of a comprehensive effort to meet the expanding needs of its client base,the firm expanded its consultancy in early 2018 WHY QE + ABB and now offers Landscape Architecture among its slate of services. As a medium-sized firm,ABB is large enough to service major projects,yet • Proven record of successfully completing Design-Build small enough to maintain the high level of personal service that clients projects on time and within budget. have come to expect. • The QE+ABB team has the necessary experience and knowledge to fast track Design-Build Projects.On a recent ABB's office location in North Naples provides the firm with quick access Design-Build project for Collier County,QE was successful in to the regulatory offices of agencies such as SFWMD,Florida Department permitting a project involving Collier County ROW,SFWMD of Environmental Protection, FDQT, and the United States Army Corps ROW,and Dewatering within 30 days of the NTP,and then of Engineers from which the County may need to obtain permits for its mobilized and started work within 40 days of the NTP.This is work.ABB is able to meet with these agencies on short notice to answer unprecedented for a Design-Build project. questions or to provide additional information. ABB is also certified as a • Extended Project Warranty. Small Business at the unlimited level and has obtained the Specs on the Web certification. In addition,ABB is certified by the SFWMD as a Small • Knowledge of local seasonal traffic and wet season weather. Business Enterprise(SBE). • Self-performance of major items of work. • Past Experience with Collier County Transportation,Collier The Organizational Chart on the following page displays the County Public Schools&Collier County Utilities. QE+ABB team members for this Design-Build Project. • QE+ABB is a truly integrated team with a genuine, collaborative philosophy.The team integrates the two prime roles of Designer and Builder and supports collaboration and high performing team concepts. 9 CAO 1 1 A 0 S i'- d ° o v c re f CL n. ; d •- ay Y h- -i sti t. W I—V p 3 Q. �� F '..'/ 4 et UJ 2; .C. J 'Al d GL 0 g ;;;; I a ca IA 4 z4 rn0 (9g X 0°) re C � =C3 ' 6 4 'a$ qua gc a p S 0X P al P W i(9 -a • • b: ' y — 7aEli W Sd G KKC F v e ps 9 UII LS7 0 CO a o ; y auu 2 �r O. CC i °C aagiiiiis 7) I.... L F 818 841r$asa i ';/ 1. 3r CO o 1, o 40 W e V A Ce Ck w <i E a a. d °Ct Z I °0 « a �! �i Zo n ,.,! C W H i 2 G U 6NPP .31-y - = 2 cn O o U rt, i 1 A PROJECT TEAM APPROACH RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection O. PROJECT MANAGEMENT The Whippoorwill Lane Marbella Lakes Drive Connection Design-Build Project will require significant coordination between QE+ABB and Collier County. In response,the QE+ABB management team is efficiently structured and is focused on strong communication,coordination,and decision making. With over 250 local employees and 350+pieces of modern heavy equipment,QE+ABB have the resources of large competitors but an attentive and responsive management structure characteristic of a small firm.QE's Corporate Office and Equipment Yard are less than 7 miles from the project site. This will strengthen project management as key personnel can perform daily job site visits and will result in prompt equipment mobilization. ' QE will self-perform 90%of this Design-Build project and ABB will oversee all design, permitting,and engineering efforts. QE's experienced earthwork, : P ,, utility,concrete,and asphalt paving crews will self-perform the following items: r �a �;,., clearing and grubbing earthwork,embankment,installation of storm piping and t f" - 101. --'' structures,utilities,base courses,MOT,asphalt paving,curb and sidewalk and 4 restoration to pre-construction conditions. = 04VgitOk , � A step ahead,QE will utilize the industry leading construction ERP solution, � +' ► • "" Vista by Viewpoint,to help manage this Design-Build project.A multi-faceted - " 7 .M cloud-based construction suite, this state-of-the-art technology program " f 4 Tit„' provides a direct line of communication between the office and field,reducing the need for superintendents and crews to leave the job site and visit the office. Additionally,as part of this process,a Procurement Register will be created to «, .,,. .. '..=".E# �r... i �':='� '` record all goods and services purchased by QE from suppliers. Technology plays an integral role in QE's operations,as many machines are equipped with GPS, site positioning systems for machine grading, and 3D technology.The company has also invested in Trimble Sitework Technology ,^j which allows millimeter accuracy with fewer passes and no manual staking. .14 �� aa All mid to large excavators are equipped with CAT Pin Grabber Coupler System which increases machine performance,versatility,and jobsite safety. - Collectively,these resources reduce project risk from the County's perspective. CONSTRUCTION RESOURCES QE is prepared for the Whippoorwill Lane Marbella Lakes Drive Connection ` Design-Build Project.The company has experienced significant growth over the past few years,increasing in total number of pieces of equipment owned,personnel employed,and number of successfully completed jobs. la With over 250 local employees and 350+pieces of modern heavy construction equipment,the QE+ABS team has the resources of large competitors but an attentive and responsive management structure characteristic of a small firm. The Following Graphs Demonstrate QE's Growth from 2016 — Present: Number of Employees New Equipment+Vehicles Purchased Number of Jobs 2016 2017 s},r \ ' to � � % �' �' '� ate` 2018-Present 250 $30,200,000 426 10, PROJECT MEETINGS • Kickoff meeting prior to project start to review project objectives and initiate coordination with County staff. QE's Corporate Office and Equipment Yard are 7 miles from the project , Design review meetings at 60%,909',and 100%plans to field questions site,and ABB's office is 6 miles from the project site;therefore,meetings and incorporate questions from County staff. between QE+ABB and Collier County can be held at either location and * Biweekly project progress meetings. followed by site visits if desired.This is a great benefit for Collier County. a Additional meetings as necessary to coordinate with suppliers,regulatory QE+ABB PROPOSE THE FOLLOWING MEETING APPROACH agencies,etc. FOR THIS DESIGN-BUILD PROJECT: e Public meetings as necessary to inform residents,area businesses,etc. of upcoming activities. FAO 11 aMlla 11 A PROJECT TEAM APPROACH RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection .. . �► DESIGN—BUILD MANAGEMENT TEAM & STAFFING This Design-Build project will require significant coordination between 4E+ABB and Collier County. 4E+ABB's strong and experienced leadership will manage the skilled construction workforce and will ensure that the project is completed on time,within budget,and at high levels of quality.More information on the team's key leadership is provided on the following page. Due to the recent award of Collier County's Veterans Memorial Boulevard Extension—Phase 1 Design Build project,QE has elected a change in their Key Personnel staffing for the Whippoorwill Lane Marbella Lakes Drive Connection Project.The QE+ABB team is efficiently structured:Howard J.Murrell, QE's President,will oversee Steve Jones,the team's Design-Build Construction Project Manager. Mitch Tourino will assume the role of Construction Superintendent and Howard J. Murrell Ill, QE's Construction Technology Manager, will be on site daily as he is responsible for the installation, implementation,teaching and training of new control systems in all equipment.Brent C.Guillot,ABB's Landscape Architect,has also been added to the Design-Build team,as well as Kellie A.Fissinger,P.E.who will replace Kevin Dowty,P.E.as the Design Project Engineer.Resumes for QE+ABB's additional Key Personnel are included in Section 3 of this Technical Proposal.Ted Tryka,P.E.remains the Design Project Manager,as well as Dominick J.Amico,Jr. R.E.who will serve as the Utility Coordinator Manager. Howard Murrell will oversee the project and Steve Jones,QE+ABB's Construction Project Manager,will be available to Collier County and will guide construction operations.Steve will be supported by a qualified administrative staff and will work closely with ABB,specifically Ted Tryka,throughout this project.QE+ABB's management staff will remain hands on to identify opportunities,address challenges,and to mitigate risks.QE ensures that Mitch Tourino,the Project's Superintendent,will remain on site with the construction crews at all times and that regular site visits will be performed by other lead staff throughout the process. ► KEY PERSONNEL COMMITMENT NAME FIRM ROLE COMMITMENT TO PROJECT Preconstruction Construction Howard J.Murrell QE President 40% 30% Harlan Sawyer QE Estimator 100% 40% Steve Jones QE Construction Project Manager `` 30% 100% Mitch Tourino QE Superintendent 30% 100% Howard J.Murrell,III QE Construction Technology Manager 30% 100%..,. Margarita ., , . ta Negron QE Manager of Health&Safety 20% 80% Isa Carreras QE Project Administrator/EEO Compliance Officer 20% 80% Ted Tryka ABB Design Project Manager 80% 50% Dominick J.Amico ABB Utility Coordination Manager 60% 30% Kellie Fissinger ABB Design Project Engineer 80% 50% _I Wayne D.Agnoli ABB Survey Manager 20% 60% James A.Carr ABB - Quality Assurance/Quality Control 30% 50% ne_ Survey To po QA/QC&Survey 30% ° George W.Hackney ABB y p Support70,G Sean Hanes ABB CEI Project Manager i 30% 75% Brent C.Guillot ABB Landscape Architect 60% 40% QE's management team is efficiently structured and is focused Or coordination, and decision making. With a multi-generational lead ,,,: cutting-edge technology, QE is paving the way for the future i 41:4, LI L I"`t"Y' --itiri , s _23• N T' PRISE • .' www.geusa.com ; '' ter,. ! c a �idih Qt1al+�",,Lives ' °a;f,. of ! f*, f ,,,' .i ' N k ' ' -. - •-r-- ,,,, . - ,,'...4,4,',' 2,;,," ,,44 ".4.'4; , ,44.7. 4° 7•r".''' ' " ';',.'4` ...ri ,i ii& - iu,,,,,' 4, ,' ,' 1 .4y ' .'' ' "* ''4%'''',4101004r1, t , ttif %,, ,.:' f,, 1, '"'"'"", < T ''',4e 7' 44 ' � ¢ s'' 77 � y s 14 ,A1 tt '� 4 3 say q€,, N.- c�. `,� 'i w r PROJECT TEAM APPROAC4 1 A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection KEY ° SONNEL HOWARD J. MURRELL QE I President ` ` •40+years of Construction Industry Experience •Maintains a long-standing relationship with Collier •Experience managing projects ranging from$500K to County and understands local conditions,regulations& $40 Million for the Army Corps of Engineers,Charlotte personnel County,City of Naples,City of Marco Island,FDOT, •Howard will support Steve Jones on Whippoorwill Collier County,Naples Airport Authority,and the Town of Lane Marbella Lakes Drive Connection Design-Build F.. Fort Myers Beach to list a few Project • STEVE JONES QE I Construction Project Manger „. •33+years of Construction Industry Experience •Strongbackground workingon large-scale •Steve will oversee all construction operations,utilize ` gViewpoint Software,and serve as the Main Point construction projects,including the$25M Hilton Head of Contact to Collier County on Whippoorwill Lane 04 Airport Runway Extension project,$7M Master Drainage Marbella Lakes Drive Connection Design Build Project Improvements at the Sarasota International Airport,and multiple VDOT projects MITCH TOURINO QE I Construction Superintendent •31+years of Construction Industry Experience • Mitch will oversee daily construction activities and •Extensive background working with Collier County's field operations,while utilizing Viewpoint software to Transportation Engineering Division generate electronic daily reports from the field,on the Whippoorwill Lane Marbella Lakes Drive Connection •Strong understanding of SWFL Construction and Design-Build Project ' ;. Regulatory conditions M, .• HOWARD MURRELL, III QE I Construction Technology Manger *Analyze CAD drawings for creation of job models to be •Extensive experience operating heavy machinery, tt used by integrated machinery and UTS including but not limited to:308-349 CAT Excavator, ' 'Implement and program job models in machinery D6K and D6N CAT Bulldozer,938 CAT Loader,150& 200i Wirtgen Milling Machine,1055 F CAT Paver °Monitor progress and ensure design specifications/ ` = safety/environmental standards are followed EDWARD "TED" F. TRYKA, III, P.E. l %,3 ABB I Design Project Manger . `a •25+years of engineering and construction experience • FDOT prequalified in Work Groups 3.1,3.2,and 7.1 •Works with FDOT&Collier County to produce •Ted will serve as the Design Project Manager on transportation,roadway,and drainage designs Whippoorwill Lane Marbella Lakes Drive Connection Design-Build Project * •Extensive design background in projects ranging from 9 minor resurfacing/widening,to roadway reconstruction, ' a to multimodal complete streets throughout Florida DOMINICK J. AMICO, P.E. ABB I Utility Coordination Manager •37+years of engineering and construction experience •Experience as Principal-In-Charge and Project "a 4 •Focused expertise on:water management systems, Manager,directing all aspects of the engineering stormwater and drainage,utilities,pipeline design, process and assuming QC responsibility hydrologic system analysis,site development, •Dominick will serve as the Utility Coordination permitting,zoning,park planning and construction Manager on Whippoorwill Lane Marbella Lakes Drive Connection Design-Build Project 13 p •".. PROJECT TEAM APPROACH "" RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ► KEY RESOURCES CATEGORY QTY. CATEGORY QTY. As one of the largest local roadway Broom Tractors 5 Loaders 30 contractors,QE is prepared for the Whippoorwill Lane Marbella Lakes Crawler Cranes 2 Milling Machine 2 Drive Connection Design-Build Crushing&Screening Equipment 10 Articulated Truck 3 Project.With over 250 employees, Dozers 3 Asphalt Pavers 3 including earthwork,utility and concrete crews,the company has Dump Trucks 8 Rollers 14 a large and skilled workforce and Epi Rock Drum Cutter 3 Rubber Tire Excavator 1 is proud to celebrate 51 years of Excavators 45 Skid Steer 4 service.QE is knowledgeable of local conditions,has the capacity to bond Excavators with Hammers 3 Sheet Pile Vibratory Hammer 2 this project,can acquire materials Fusing Machine 4 Trailers 38 in a timely fashion,and will provide Graders 2 Tractors 5 machinery from the company's 350+ piece heavy equipment fleet. Horizontal Directional Drilling Rigs 3 VAC Truck,Tankers,Mud Reclaimer 9 Lowboys 6 QE Mechanics&Lube Trucks 6 ► LOCATION QE+ABB is the local choice for this Design-Build project.QE's Corporate Office/Equipment Yard are located 7 miles from the project site,ABB's office is 6 miles from the project site,and Howard Murrell,QE's President,lives less than two miles from the project site.Therefore,key personnel can be on location quickly should the need arise.Meetings between QE+ABB and Collier County staff can be held at either the QE or ABB office location,and easily followed by site visits if requested.This close location will allow for prompt equipment mobilization,resulting in significant cost savings for Collier County,and also improves coordination and communication.The QE+ABB team maintains strong relationships with the County and regulatory agencies, is familiar with vendor pricing and availability,and commits to staffing this project with local personnel.A map has been provided to show the distance between the project site and QE+ABB's office locations. hlorth Naples NAP • &:. QUALITY ENTERPRISES USA, INC. mall N�.� 3494 Shearwater Street .SHIINDACF.INC Naples,FL,34117 (set 239.435.7200 qeusa.com PELICAN AY Approximately 7 miles from the project site Vineyards AGNOLI BARBER & BRUNDAGE, INC. II',m Pass ark � 7400 Trail Blvd #200 PARK SHORE Naples,FL,34108 239.597.3111 abbinc.com Golden Gate Approximately 6 miles from the project site %IL.. PROJECT SITE "' Naples, FL,34110 L. rtl�iik Park �tt+aun p Ndr.les to f `t LAST APLES 14 am PROJECT TEAM APPROAC4 1 A r. Sri RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ► SCHEDULE & CRITICAL PATH METHOD ►• PHASING PLAN QE+ABB have reviewed the milestone dates set forth in RPS#20-7735 QE+ABB are experienced with Design-Build projects and recognize that and although tight,the team believes that these dates are easily obtainable this process can provide the quickest delivery system for Collier County using the Design-Build process. The team has established the Critical when the team is collaborative and accomplished.QE+ABB are qualified Path Method (CPM) as the permitting process, which should be a non- for this Design-Build project and will complete the work within the County's issue with a Pre-App. meeting with SFWMD having already taken place. allotted time frame. QE + ABB have worked to create non disruptive design, permitting, and On a recent Collier County Design-Build project, QE worked behind the construction phases to ensure that the Whippoorwill Lane Marbella Lakes scenes on design items before the NTP was provided. This work was Drive Connection project is successful and economical for Collier County. completed at QE's own risk,but the company felt that the reward of time QE + ABB have developed a Master Schedule (follows on the next two out-weighed the risk.If awarded the contract,QE is prepared to do the same pages of this Technical Proposal) for this Design-Build project that will on this Design-Build project to ensure that all aspects are completed on ensure success from day one.The QE+ABB team has laid out the project time,within budget,and at high levels of quality. in three(3)phases to minimize disruption to vehicular traffic,pedestrians, The QE + ABB team has outlined a Phasing Plan for this Design Build and local residences. Upon issuance of Contract and Notice to Proceed project. The plan will provide the most economical approach to the (NTP), QE+ABB will immediately start gathering Survey data for design County as well as the least disruptive approach to the traveling public and processes,as well as to set project boundaries. pedestrian traffic. 11 3 ,4 M PHASING PLAN ' :.: t. . ,“t , G, ' l 0 �r'KY; �' a - i �� t a t - ,,, p3' .. i x ,k 6 .' ' k .,,., ...7'' to,:,t ' w r s� ; .., a ^E . ' C "" ,4: .a t?r : y ,,, A x 4 k"� ' ' ;,�4 4 :-...*A0. -'4 I 4,-,.-,:-Ii s.',,i .,•,5.,:,;LA '; ':,),,,,.:'-r-I''',,,-:tf':4r2`-',,'7..-4,'::',-'-'7,,-.'1,',,.. '1:''''.,-','..*.''.0:''',.-',,t..,7tE,a*',', , `,,,* '" ;"::17';' .-:, - ---tf ,, 1:::A --'.0. � '� IJi r , ,,,..,..,. . . ,. .:.,.•::.7.. y.4::::...t,;..i .,,,...,:,,.<, : . ,. ,,,,4....„,_st,..:,:t,,,,,„_„.,..„.3.,r,itr,...., . _ 4,.....„,, ,::„.,,,,,v,,,,,,I.,, , ,F,,:,::117„,i �, g' ; � I , w 4 m�H � .S�aF ‘1,-,,,., . v �",��f�� .�TK^ a • ��l?f e �is ,tSA4 3e. fit';. � CONSTRUCTION PHASE I CONSTRUCTION PHASE II CONSTRUCTION PHASE III Anticipated to begin in October 2021 and end by ° This phase will commence with the completion of The final of all phases, Phase 3 will include February 2022,Phase 1 is the longest and most i Construction Phase 1 and will include the widening of i roadway work along Whippoorwill Ln.inclusive of active phase but will cause the least amount of ; the existing Marabella Lakes Dr. from Livingston Rd. to ' storm piping and adjustments,curbs,and paving. impact to the traveling public,local residents and i Hermosa Way. With Phase I complete,vehicular traffic will i With Phase I and It complete,vehicular traffic will pedestrian traffic.All work in this phase will take ' have an alternate route to use during construction of this ' have an alternate route to use during construction place without changing any of the current traffic i phase.Work in this phase will begin with survey and layout i of this phase. Using the existing Whippoorwill movements. QE will construct the connector ' and installation of Erosion Control Devices. Placement of ' Ln.at Andalucia Way for routing traffic,work will roadway between existing Marbella Lakes Dr.and embankmentwillbecompletedtowidentheexistingroadway commence in this phase with the roundabout Whippoorwill Ln.Work will begin with survey and i by(1)QE Earthwork crew,followed by installation of storm i at Andalucia Way. This roundabout will be layout installation of Erosion Control Devices. i piping and structures by(1)of QE's Utility crews.Conduit i constructed in its entirety without disruption to Clearing of existing vegetation by QE's (2) ' for lighting and irrigation sleeves will also be installed. i existing traffic flows. Upon completion of this Clearing crews will immediately commence upon : QE+ABB will minimize impacts to existing utilities in the : roundabout,QE will install storm piping,conduit completion of erosion control and will be followed i area by designing storm piping to avoid these conflicts. I and sleeves,followed by curb and sidewalk and asphalt paving. OE will commmit (1) Clearing by earthwork (excavation and embankment) by Upon completion of all underground work, roadway base ' QE's (2) Earthwork crews. QE will commit (2) i i crew, (2) Utility crews, (2) Concrete crews and material will be placed by(1) Road crew,(1)Concrete crew Utility crews to this phase for the installation of will then install curbs,and(1)Paving crew will place the first i (1) Paving crew to ensure that this phase is storm piping and structures,followed by conduit completed on time and within budget. Upon lift of asphalt. MOT will be set up for the necessary traffic installation for lighting and irrigation sleeves.QE i switch to complete both eastbound and westbound traffic i completion of all phases,the final lift of asphalt +ABB will minimize impacts to existing utilities in i i along with final line striping and thermo will lanes.Temporary line striping will be completed and the the area by designing storm piping to avoid these roadway will be opened for public use.In addition,the turn i be placed throughout the entire project area. conflicts. Upon completion of all utility and storm i lane and signalization at Livingston Rd.will be incorporated piping and testing of pipes, QE will mobilize(1) i into this phase.This work will involve the excavation of the i Road crew to install base material for the roadway. i existing median,curb and base work.Drilled shafts will be QE's (2) Concrete crews will install curbs, and i completed along with conduit installation for signalization. then(1)Paving crew will complete the first lift of i Mast Arms and wiring will be done and inspections will be asphalt.Temporary line striping will be completed i coordinated with Collier County Traffic Operations to put i before the roadway is opened for public use. i signalization into operation and to open the turn lane. CAO 15 11A 1 c op d � a. 0 4 WM v 1 i �, 3 CC 4 a. N 1 G y O 3 Ci p. L h I. a,N 1 ill s S ...21, Ili - I l t1 ( 1 [ .. w W R N r a .1 ; R, . ga 4 ;N0 - ! Ili y -e a r r O0•ei s ' 11 E G, y $ I 1 - - i k sI o 1 , _ .. . 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RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection QE'S TECHNOLOGY EPIROC DRUM CUTTER HEAVY EQUIPMENT SOFTWARE y , , QE utilizes the Epiroc drum cutter excavator ;, attachment to cut through heavy rock and 0 , ••-r— -wr" concrete.The machine uses rotating drums p < 14, rE' '{ V e1. quipped with strategically positioned ,. picks and is rotated at several hundred _ revolutions per minute.This new technology j nillommumoramil not only reduces sound and vibration, �., $ \ ` '1 r & ry but •also enhances job performance. Within QE's advanced equipment fleet is the fir 1 i ;2�Trimbie p :,,w Caterpillar NEXT Generation Excavator with • E '''.r built in CAT grade and slope technology. . . This machine was further upgraded to utilize e• a Trimble Total Station which ensures the • +au' m.a III 1. highest level of accuracy on projects and C Ap.ci y provides images when satellites (GPS) are ; _r not available due to overhead obstruction. ,, Many of QE's machines including CAT •- CAT #n�0 r� ,., - • ..l Dozers, Motor Graders, and Pavers are also GPS enabled. The integrated GPS receivers I EXAKTIME SOFTWARE communicate with the base site station and can control blade or bucket movement. TRIMBLE SITEWORK & I," QE's move to cloud based solutions 3D TECHNOLOGY eliminated the need for paper time cards. - ..N. -',!„q 4 41141, Exaktime allows QE's management team . - AMERICAN to create weekly schedules, send real- , f 11" AUGERS. sj time updates to field personnel, and allows *. crews the ability to clock into their pre- assigned job. Not only does it simplify payroll, but ExakTime allows QE to track labor to keep projects moving forward. . ,, €• QE machines are fully equipped with site , positioning systems for machine grading g IPTime ,'r "' and 3D technology. QE has invested + , ,WfAnnnCOROWmpany ``� in Trimble sitework technology, a site t ` -,'t" ( Nt modeling program that leads to savings in q " material usage and manpower and improves .'i t accuracy from the ability to perform "as 4S,,,,..„I built checks"or changes on the fly.Trimble �.,•- �..,�,.-- - technology allows QE to achieve millimeter .„.. •` `,: •",..�.,. .•.,,.: accuracy with fewer passes and no manual staking, and 3D site models yield detailed progress and material movement reports. HCSS GPS TRACKING VISTA BY VIEWPOINT `^".,.., P *,, '"' Managing QE's fleet of equipment isØ always a priority. With crews working ) 10 _= throughout the Southeast region, its „ important to know where our equipment if .- is at all times. With HCSS GPS, we track ; and monitor the location, usage hours, » M1'' preventative maintenance,and performance VistaM ' a • a data on all equipment. This allows ours , , - J4G., E =at ` logistics team to effectively relocate our • r ` resources where we need them the most. ii. ® ..* QE utilizes Vista by Viewpoint, to manage 'i I':- _o a''1,-de `, , all areas of a project. The Viewpoint iPad •u 4 ,x 4,, , application allows for real-time collaboration between the office and operations teams,as ofl, ` - Pu' • j ,; - E I� ,,,j+ superintendents can easily review invoices, request P0's and complete daily reports.The d software is also used to capture labor time , `*'«« ,- and production units, and helps facilitate .", 1 W safety training and weekly safety talks. 18 C:40 1 A. y '3 y • MBA � ► - T,FEIR.,H,h1\i, ICAL _ ' , . r _{ _ INFORMATION e ( 2 r 1 if,, " / ' :-.' ' '7' .i i tJ. .Esti 1-4, 4 , x �� #F " r� ;,.: • art,. ,. x.� Jill , 4 • f " " ', ` e rn `t,.:. ---"" '--`^ .g r ..........w a: ``, �i '_►may y.'_�" 7. :,y e .-- . 4. , ;,/or -.: fir:; / ; t , . ,..1.iiic AP C r. TECHNICAL INFORMATI RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection .. ,__- 'a3733ftA ":.a� n . .. •'.-p d' YH46„�3�i,i m..'u. a'uM;:' DESIGN & CONSTRUCTION STANDARDS The improvements associated with this Design-Build project will adhere to the following standards: • MANUAL OF UNIFORM MINIMUM STANDARDS FOR DESIGN,CONSTRUCTION AND MAINTENANCE(FLORIDA GREENBOOK) • FDOT DESIGN MANUAL REQUIREMENTS AND STANDARDS • SFWMD REQUIREMENTS AND STANDARDS • COLLIER COUNTY UTILITY STANDARDS,DETAILS,AND SPECIFICATIONS • COLLIER COUNTY TRANSPORTATION OPERATIONS DEPARTMENT STANDARDS • FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP)&THE FLORIDA ADMINISTRATIVE CODE REQUIREMENTS&STANDARDS • 10 STATE STANDARDS ► DEVIATIONS FROM DESIGN CRITERIA PACKAGE QE+ABB proposed design and construction for this project will adhere to the criteria in this document.At this point,it is anticipated that no design exceptions or variations will be needed for the construction of Whippoorwill Lane and Marbella Lakes Drive Connection Design-Build Project. Design exceptions are required when any of the 10 controlling Design Elements established by AASHTO cannot be met. ► PERMITTING F1 F PRE-APP MEETING I QE+ABB+SFWMD The QE+ABB team conducted a Pre-Application meeting Unbuilt sections of �i , .... a roadway--N-S and { i �. with South Florida Water Management District("SFWMD") E-W were f, on August 27th, 2020 to discuss existing permits and permitted in 2007 1 IExrstin9 N-S Whippoorwill Lane anticipated items for the Whippoorwill Lane Marbella to drain into - permitted and Marbella Lakes-- --constructed-11-02182-P--unbuilt Lakes Drive Connection Design-Build project. Among permit expire "sec#+con south accounted tor with those in attendance were Justin Hojnacki and Carmen I 3mvater quality _ Quan from SFWMD. There are three SFWMD permits covering this project area,as depicted in Figure 3.1. - _ i I: Existing E-W Marbella ► SFWMD - EXISTING PERMITS Lakes Dr permitted and ,., ,//' , constructed--11.00168 5 / b11-41 Roadway drainage was designed to be treated by adjacent — -."` - _� 1 lhrfa projects that are now in operation status. The existing section of Whippoorwill Lane was permitted(11-02182-P) \ and drains into Stratford Place(11-01879-P). The unbuilt • 4,,, T4VTurk l' north-south section of Whippoorwill Lane water quality11 PP �r € r ie . treatment was addressed under this original permit, as ianc.) 1 s ."(,1,"Ft well. The existing section of Marbella Lakes Drive was permitted under permit 11-00158-S.The unbuilt sections of the roadway,east-west and north-south were also permitted with the Marbella Lakes project back in 2007,and the permit expired in 2014. QE+ABB believe that it will be beneficial to renew this permit since it provides the water quality treatment(1.5" approximately)and quantity attenuation for the missing sections of the roadway, The drainage areas were accounted for,and there are existing structures to accept the runoff.The existing compensating water quality for the north-south section of Whippoorwill Lane can remain as an added benefit. ► SFWMD RECOMMENDATIONS SFWMD advised that two new Minor Modifications would be required in the operational permit areas where new roundabouts are proposed. The unconstructed areas(north-south portion of Whippoorwill Lane and the east-west portion of Marbella Lakes Drive)will require a new permit. SFWMD advised that all three applications should be submitted concurrently. Supporting documentation of a floodplain analysis and a nutrient analysis will be required,along with property owner authorizations(if not already obtained). QE+ABB believe that this authorization was previously addressed with the right of way acquisitions;however,the team will verify that information and provide documentation.In addition,a short-term dewatering permit may be necessary to install the proposed drainage.It was determined by QE that the project should not require a full dewatering permit because the water can be contained onsite by QE. With regard to irrigation,if it will be done with potable water,QE+ABB will need to provide a letter from the utility provider. ► PASSARELLA&ASSOCIATES, INC- ENVIRONMENTAL PERMITTING Based on the Pre-Application meeting with SFWMD,Passarella&Associates,Inc.(PAI)will prepare an Environmental Resource Permit(ERP)plan set which will include a Florida Land Use, Cover and Forms Classification System (FLUCFCS) map, and a map quantifying impacts to the adjacent drainage system (if applicable). PAI will also provide a listed Species Survey Report and will assist the project engineer in preparing Section C of the ERP application.The environmental scope of work will also include responding to one request for additional information received from SFWMD as part of the ERP application review process. 4:19 I TECHNICAL INFORMATION GL RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection 0. ROADWAY DESIGN EXISTING CONDITIONS OE+ABB performed project site visits to review and compile existing the right-of-way which drain into the Marbella Lakes water management project conditions which are described below: system. The Kensington Canal and 10-ft concrete pathway continue from « Livingston Road at Marbella Lakes Drive is a 6-lane urban section with the roadway to the east. The decorative walls for both communities also 11-ft travel lanes,a 12-ft right-turn lane,a 22-ft wide raised landscaped continue along their respective property lines. median and an 8-ft pathway,located on the back of curb,on the east side. • The 12"water main continues to the east and has a tee connection to the The right turn-lane improvements and Marbella Lakes Drive were not part south to serve the Marbella Lakes community. There is an addition of an of the original Livingston Road Phase II plans(Golden Gate Parkway to 8"water main on the north side of the ROW which serves Aviano of Naples Pine Ridge Road)which were prepared by ABB. The intersection is stop- to the north. No other private utilities are in this portion of the ROW. controlled. The street lighting system for Livingston Road consists of * As the project turns north at Whippoorwill Lane it is also undeveloped dual armed light poles in the full width medians and single arm poles to for the first 1,200-ft. The existing right-of-way width increases to 80-ft. the outside of pavement where left turns are present. The 10'-ft wide pathway and decorative wall for Aviano of Naples both • Marbella Lakes Drive is an undivided,two-lane roadway(12-ft lane widths) turn 90-degrees at this intersection. However,the pathway reduces in with both urban and rural typical section characteristics. The length of width to 6-ft and only continues for about 600-ft before terminating with roadway is approximately 1,400 LF with a ROW width of 75-ft. On the no connection to the sidewalk at Stratford Lane. The 8"and 12"water south side there is Type F curb and gutter with a 6-ft sidewalk set-back mains are connected at this intersection and combine into a single 12" with a grass utility strip. The north side is a rural section with no curb water main which continues down the center of the ROW. An overhead and gutter. The roadway was constructed with a reverse-crown with the FPL electric line and poles begins along the west side of the ROW. roadway runoff collecting to the south via curb inlets and discharging into • At Stratford Place,Whippoorwill Lane begins with a dead-end cul-de-sac. the Marbella Lakes stormwater management system. Right-turn lanes The roadway is an undivided urban section. There are two 11-ft travel are provided at both Livingston Road and Hermosa Drive. An existing lanes separated by a median gore, which provides room for left-turn streetlight system is located behind the back of sidewalk on the south lanes into the various communities. There is one section of the roadway, side. approximately 320-ft in length,where it is only 2-lanes wide. This occurs • The Kensington canal is located along the north side of the road within a at the approximate mid-point of the alignment. The pavement is crowned 40-ft Drainage Easement. As mentioned earlier,the roadway water sheet in the middle and drains to Type F curb and gutter to the west and both flows to the south,so none of the road drainage discharges directly into Type F curb and gutter and valley gutter to the east. The inlets then drain this canal. A 10-ft wide concrete pathway is present along the north side into the adjacent developments'stormwater management system. There of the canal. Both Marbella Lakes to the south and Aviano of Naples to are 5-ft concrete sidewalks with grass utility strips on both sides of the the north have decorative walls along their perimeters. road. « The only existing driveway,Hermosa Drive,provides access to the Marbella • Driveway connections are provided for Stratford Place, Mariposa, Lakes Community. The driveway is extremely wide for residential access Andalucia,The Reserve,Avow Hospice and Seagate Baptist Church as measuring 100-ft across with an 18-ft wide median. The guardhouse is well as side road connections at Night Hawk Drive and Kraft Lane. There set-back approximately 90-ft from the roadway. is no roadway lighting system along Whippoorwill Lane, but there are some streetlights present at entrances to the residential communities. • All existing utilities,both public and private,are underground on Marbella Lakes Drive.The public utilities consist of a 12" water main along the No landscaping has been installed within the right-of-way. north side of the road(Collier County)and a 4"force main(Collier County) * There are several utility lines along Whippoorwill Lane.A 12"water line north of the ROW line. Telephone(CenturyLink),TV Cable(Comcast)and generally to the west and a 10"force main to the east represent Collier Power service(FPL)services are not present and are likely provided from County utilities. The FPL power line and poles along the west side Livingston Road into the Marbella Lakes development. continues along with overhead telephone and cable TV. « Marbella Lakes Drive dead-ends at the Hermosa Drive intersection A preliminary set of Construction Plans has been prepared using the Concept and there are no roadway improvements along the remainder of the Plans, and the basic Design Parameters were determined using a Design corridor. The length of this vacant portion of the 75-ft wide right of way is Criteria Matrix (included in Section 3 of this Technical Proposal.) approximately 1,200-ft. There are existing ditch inlets on the south side of )11.414 s c' tr.. TECHNICAL INFORMATIlNI A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ROADWAY DESIGN I PROPOSED PROJECT IMPROVEMENTS The following is a description of the proposed project improvements: will continue to the south into the Marbella Lakes system. Similar to the first • The start of the project is the installation of a northbound U-Turn lane along roundabout dual 30"pipes will be required to maintain the Kensington Canal. Livingston Road at the Marbella Lakes Drive intersection. The 22-ft-wide Streetlights are proposed to light the roundabout. median will be reduced to 11-ft using Type F curb and gutter. The existing * North of the roundabout will consist of new construction along Whippoorwill landscaping will need to be removed and replaced. Three of the light Lane to the third roundabout at Stratford Place. The lane widths will be poles in the median will be impacted,two removals and one relocation. In 10-ft with Type F curb and gutter on each side with a normal crown cross addition,lighting would be added to each of the three proposed signal mast slope. A 5-ft wide concrete sidewalk will be added to the west side in order arms. Regarding the mast arms,a proposed Signal Warrant Study will be to connect the gap from Aviano of Naples to Stratford Place sidewalk. Once prepared to confirm the necessity of the traffic signal.At the Marbella Lakes again, a splitter island, approximately 110-ft in length, will be placed in Drive intersection,the roadway will be widened to the north to provide dual- between roundabouts two and three. The travel lane width will increase to left turn lanes and a 9-ft wide raised median with Type F curb and gutter. 11-ft at the splitter island. All lanes will be 11-ft in width. Guardrail is proposed on the north side of • The roadway drainage will be conveyed to the south into Marbella Lakes by the turn lanes to shield vehicles from a drop-off to the Kesington Canal.The a closed drainage system. In addition,quadruple 36"pipes will be added south edge of pavement will be held in order to utilize the existing Type F just south of the existing cul-de-sac at Stratford Place in order to maintain curb and gutter,closed drainage system,sidewalk,and streetlights to the the natural flow pattern of the surrounding wetlands. south. • The third roundabout is proposed at Stratford Place and will be a 3-leg • As the roadway continues to the east and the turn lanes are dropped the roundabout like the roundabout at Marbella Lakes Drive and Hermosa Drive. road becomes a 2-lane,undivided roadway with 10-ft lanes.Type F curb and However,there will not be a crosswalk on the south leg since there is no gutter will be present on both sides,but all the roadway run-off will slope to sidewalk on the east side of Whippoorwill Lane, south of Stratford Lane. the south. A swale will be constructed on the north side for the purpose of Each approach to the roundabout consists of 11-ft lanes with Type F curb dry treatment. The proposed roadway drainage will be connected into the and gutter with varying width splitter islands. The lanes will be in normal existing Marbella Lakes drainage system. It is anticipated that the existing crown. New construction is anticipated through the roundabout area to pipe sizes will be sufficient to handle the new roadway design. provide proper grading. The existing drainage system will be utilized in this • At Hermosa Drive the first of four roundabouts is proposed. The alignment area. Proposed sidewalks will tie-into the existing sidewalk on the east and will shift to the north to accommodate the roundabout as well as facilitate west side of the road. Streetlights will be added to light the roundabout. reduced speeds. A splitter island will be introduced on the western • North of the roundabout,the splitter island will continue as a raised 16-ft approach. The cross slope of the roadway would also transition to a wide median,with Type F curb and gutter,to Mariposa Circle. The rest of normal crown section where roadway run-off would go the north for the the pavement will be milled and resurfaced to keep the existing curb and westbound lanes and to the south for eastbound lanes. With the splitter gutters,sidewalks,and closed drainage system in place. North of Mariposa island in place,the width of the travel lanes are 11-ft. The eastern approach Circle is similar construction, other than the median will be reduced to a is similar with 11-ft lanes and splitter island,but the offset of the alignment concrete traffic separator to accommodate the southbound left-turn lane is not as great. Streetlights will be added for the roundabout. DE+ABB into Mariposa. Once the left turn lane ends the median will widen to 16-ft recommend the removal of the separate eastbound right-turn lane and the and eventually lead into the splitter island for the roundabout to the north. dual lane exits from Marbella Lakes. This will reduce the number of conflict points and allow the roundabout to function in a more efficient manner. • The final roundabout is proposed at Night Hawk Drive and Andalucia Way. Crosswalks will be provided at all 3-legs of the roundabout and residents It is the only 4-leg roundabout on the project and therefore, it will have 4 of Marbella lakes will now have direct access to the 10-ft concrete pathway crosswalks. Since this roundabout fits within the footprint of the existing to the north. roadway, it is anticipated that it could be built with asphalt overlay in the center and milling and resurfacing on the approaches. Splitter islands • The roadway drainage will still drain into Marbella Lakes via their existing will be constructed on all 4-legs of varying width. Since turn lanes are not system. But,with the new roundabout pushed further to the north,this will necessary for a roundabout,quite a bit of pavement will be removed on the impact a portion of the Kensington Canal. Dual 30"pipes and associated northwest and southeast quadrants. This will allow the new sidewalk to be headwalls are proposed in order to bridge the roundabout over the canal. set-back from the back of curb with a grass utility strip. But this will also Dry treatment swales shall be added on either side of the road through require new curb and gutter and additional curb inlets. The new curb inlets this area. With the removal of the eastbound right-turn lane additional will be tied into the existing drainage system. greenspace will be added which could be used for future landscaping improvements. • North of the roundabout,the splitter island will gradually reduce in width and return to the existing 2-lane section at the approximate beginning of • East of the roundabout will be new construction along Marbella Lakes the southbound right-turn lane into Andalucia Way. This two-lane section Drive. The typical section will be similar to the two-lane section west of the will match the existing travel lane width of 10-ft. Milling and resurfacing roundabout except that this will be a normal crown cross slope vs.a reverse will be utilized to retain the existing curb and gutters,closed drainage,and crown cross slope. A raised splitter island,approximately 110-ft in length, sidewalks on each side of the road. will be added halfway between the two roundabouts and lane widths will increase to 11-ft in the splitter island area. * For the remainder of the project,the existing travel lane widths,turn lane widths,existing curb and gutters,sidewalks and drainage will be maintained • The second roundabout is proposed at the end of Marbella Lakes Drive via milling and resurfacing. The only exception is the median gore area and the beginning of Whippoorwill Lane. Each approach to the roundabout along Avow Hospice will be converted to a raised median with Type F curb consists of 11-ft lanes with Type F curb and gutter with varying width splitter and gutter that will vary in width with a maximum width of 12-ft. The work islands. The lanes will be in normal crown. Roadway drainage in this area on Whippoorwill Lane,as well as the project,will end at Kraft Lane. CAO 21 ®Q.. TECHNICAL INFORMATION 1 A vim RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ROADWAY DESIGN j DESIGN CRITERIA MATRIX Whippoorwill Lane Marbella Lakes Drive Connection DESIGN CRITERIA MATRIX DESIGN ELEMENT DESIGN STANDARDS REFERENCE Facility Type Urban Collector Florida Greenbook(Table 3-1) Design Speed 40 mph Florida Greenbook(Table 3-1) Posted Speed 35 mph Lane Widths-Divided and RAB 11' Florida Greenbook(Table 3-10) Lane Widths-Undivided 10' Florida Greenbook(Table 3-10) Roadway Sections-Curb&Gutter Type F FDOTStandard Plans 520-001 Median Sections-Curb Type D FDOT Standard Plans 520-001 Roundabouts-Central Island Curb&Gutter Type RA FDOTStandard Plans 520-001 HORIZONTAL ALIGNMENT DESIGN STANDARDS REFERENCE Median Width 10' Florida Greenbook(Table 3-14) Median Slopes <10% Florida Greenbook(C.7.e.3) Cross Slope-Typical 0.02 Florida Greenbook(C.7.b.2) Cross Slope-Minimum 0.015 Florida Greenbook(C.7.b.2) Cross Slope-Maximum 0.04 Florida Greenbook(C.7.b.2) Cross Slope Shoulder-Typical 0.02 Florida Greenbook(Table 3-12) Change in Cross Slope-Adjacent/Through 0.04 Florida Greenbook(C.7.b.2) Horizontal Curvature-Max Angle 11°15' Florida Greenbook(Table 3-5) Horizontal Curvature-Min Radius 510 Florida Greenbook(Table3-5) Superelevation(emax) 0.05 Florida Greenbook(Table 3-5) Max Deflection w/o Horizontal Curve 2°00'00" FDM(210.8.1) Max Defelection Through Intersection 5°00'00" FDM(Table 212.7.1) Shifting Taper Length(Non-Merge) L=(W*SZ)/60 FDM(212.6) Clear Zone(Urban Section) 4' Florida Greenbook(Table 3-15) Roadside Slopes-Typical 1:4 or less Florida Greenbook(C.7.f.2) Roadside Slopes-Maximum 1:3 Florida Greenbook(C.7.f.2) VERTICAL ALIGNMENT ' DESIGN STANDARDS ' REFERENCE Minimum Gutter Grades 0.30% Maximum Gutter Grades 9.00% Florida Greenbook(Table 3-7) Max Grade Change(No Vert Curve) 0.80 Florida Greenbook(Table 3-8) Min Vert Curve Length-Crest 120.00 Florida Greenbook(Table 3-9) K Value Min Length of Vert Curve-Crest 44 Florida Greenbook(Table 3-9) Min Vert Curve Length-Sag 120 Florida Greenbook(Table 3-9) K Value Min Length of Vert Curve-Sag 64 Florida Greenbook(Table 3-9) SIGHT DISTANCE DESIGN STANDARDS REFERENCE Stopping Sight Distance 305' Florida Greenbook(Table 3-3) Passing Sight Distance 600' Florida Greenbook(Table 3-4) Intersection Sight Distance-LTTurn 440' Florida Greenbook(Figure 3-12) Intersection Sight Distance-RTTurn 380' Florida Greenbook(Figure3-12) SIDEWALKS ' DESIGN STANDARDS REFERENCE Minimum Width 5' Florida Greenbook(Chapter 8 B.1) Minimum Thickness 6" Collier County Min Separation for 5'SW from BOC 2' Florida Greenbook(Chapter 8 B.1) Minimum Width Adjacent to Curb 6' Florida Greenbook(Chapter 8 B.1) Maximum Grade 5%(Without ramps) Florida Greenbook(Chapter 8 B.1) Maximum Cross Slope 2% Florida Greenbook(Chapter 8 B.1) Curb Ramps-Minimum Width 4' FDOTStandard Plans 522-002 Curb Ramps-Transition Slope 1:10 Collier County ROUNDABOUT SCOPE RECOMMENDED DESIGN WB-40-Intermediate Design Vehicle Semitrailer WB-S0-Furniture Van Desirable Maximum Entry Speed 20 mph Circulation Speed=20 mph Inscribed Diameter 90' 104' Central Island Diameter 32' 32' Circulatory Roadway Width 16' 16' Truck Apron Width 8' TBD by truck turning templates Raised Splitter Island Length 150' TBD on sidestreets Raised Splitter Island Width 10' TBD on sidestreets Crosswalks Width 10' 10' Sidewalk Buffer Width 5' 6'would allow futuretree plantings e '�,�.,. i7 ,� © 22 a _ 11 * EN TRANSMITTAL LETTER& EXECUTIVE SUMMARY — RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection Ir DRAINAGE DESIGN Drainage & Stormwater management are integral components of a existing drainage system. Some of the existing drainage structures will successful roadway project. This Whippoorwill Lane Marbella Lakes need to be modified to accept a new pipe connection or the tops will have Drive Connection project will be designed in compliance with the to be adjusted to meet the new design grades. For the construction of FDOT Drainage Manual; SFWMD ERP Information Manual; Florida the roundabout the Kensington Canal will be impacted. To maintain the flow of the canal,approximately 650-ft of dual 30"pipe will be required. Administrative Code,UC Chapter 14-86;Federal Aid Policy Guide 23 CFR However,the Kensington Canal is a separate water management system 650A;and the requirements of the regulatory agencies. Full coordination and no roadway water from this project will be permitted to enter the canal. with the permitting agencies is an essential part of this process. To that The existing vacant portion of Marbella Lakes drive to the east of Hermosa end,QE+ABB have already had a pre-application meeting with the South Drive also drains to the south via a series of 4 ditch inlets. Florida Water Management District (SFWMD) to discuss this project. These ditch inlets convey flow south into the Marbella Lakes water The details and direction from SFWMD can be found in Section 3 of this management system. The proposed drainage in this segment consists Technical Proposal, along with the detailed chart outlining the design of a series of 3 pairs of curb inlets with pipe crossings which would drain parameters associated with the drainage system. south into a proposed swale via mitered end sections. The swale will Review and understanding of the existing permits along the project be connected to 2 of the existing ditch inlets which in turn drain into the corridor and how they interface with the proposed roadway improvements Marbella Lakes water management system. Neither of the existing ditch are an essential part of the permitting process. Team member Norman inlets will require modification. Trebilcock was the Engineer of Record for Whippoorwill Lane,Stratford The existing unfinished portion of Whippoorwill Lane has no drainage Place, and the initial development of Marbella Lakes. Norman's past improvements currently. The proposed drainage consists of 2 pairs of design and permitting history on this project will aid in developing an curb inlets with pipe crossings that will drain south and connect with efficient and effective drainage design and permitting approach. another curb inlet at the proposed roundabout via a 24" pipe. The 24" pipe will continue south across the new portion of Marbella Lakes Drive Since the project area includes existing facilities conveying surface water and eventually drain into the proposed swale on the south side where it flows generated from the surrounding area,it will be necessary to include will enter Marbella Lakes via an existing ditch inlet. Similar to the first regional hydraulic and hydrologic modeling of the off-site inflows as well roundabout,this roundabout area will also impact the Kensington Canal. as the proposed drainage improvements. The analysis will include pre Approximately 350-ft of dual 30" pipes will be required to maintain the vs. post conditions to ensure there will be no adverse impacts to the connection of the canal. The final drainage feature in this portion of the surrounding areas or existing stormwater management systems. roadway is a quadruple 36"pipe crossing just south of the existing cul-de- From a constructability and maintenance standpoint, QE + ABB will sac at Stratford Place. This crossing is to maintain the adjacent wetland verify that all existing drainage pipes that are to remain have adequate areas and is not intended to accept any roadway runoff. hydraulic capacity and design life.If any of these storm pipes are found The second drainage basin begins at the northern project limits and to be hydraulically inadequate or found to have insufficient design life, extends south to Stratford Place. Existing Whippoorwill Lane is crowned they will be removed and replaced. If any existing drainage pipes require at the centerline where roadway water sheet flows to the east and west repairs but otherwise would have sufficient remaining design life,repairs and is collected via Type F curb and gutter/valley gutter via a series of shall be made in accordance with FDOT standards. curb inlets. The curb inlets,by the use of a series of crossings,send water The proposed project is divided into two drainage basins. The first to the east where the main trunk line is located. The drainage trunk line basin includes the existing roadway along Marbella Lakes Drive, the begins as an 18" RCP and gradually increases in size as it flows to the unfinished portion of Marbella Lakes Drive and the unfinished portion of south. The pipe size is 36"diameter at the northeast corner of Stratford Place where it enters the community in a blind junction-box. Whippoorwill Lane,south of Stratford Place. This drainage basin drains into the Marbella Lakes water management system and ultimately outfalls This portion of Whippoorwill Lane is mostly mill and resurface except to the 1-75 Canal(D-2 Canal). The second basin consists of Whippoorwill where raised medians are proposed. Therefore, most of the existing Lane from Stratford Place north to the end project. This portion of the drainage can remain in place. There are a few exceptions. Along the east project drains south into the Stratford Place water management system. side of the roadway existing valley gutters are to be replaced with Type F This system also outfalls to the 1-75 Canal(D-2 Canal). curb and gutter. So,it will be necessary to replace the tops of the valley gutter curb inlets with FDOT Type 5 or 6 curb inlet tops. At the Night Hawk For the first drainage basin,the existing roadway drainage along Marbella Drive and Andalucia Way roundabout,the pavement width is reduced with Lakes Drive sheet flows to the south,via a reverse crown typical section, the removal of turn lanes. This reconfiguration will require 2 new curb and is collected by Type F curb and gutter and 4 curb inlets. The storm inlets which will tie into the existing drainage system. For the roundabout drainage flows into two pipe connections and into the existing Marbella at Stratford Place 4 Type P-5 curb inlets,a modification of a blind junction Lakes water management system. As part of the proposed roadway box along with approximately 284-ft of 18" pipe will be required to design additional curb inlets, manholes and pipe crossings will be adequately drain the roundabout and tie into the existing Stratford Place required at the dual-left turn lane at Livingston Road and at the new water management system. roundabout at Hermosa Drive. The new drainage pipes will tie-into the .. ` i $ ... ��^ ~• �,. /,. a:.te ,, " A , , - ,/ 23' aaii TECHNICAL INFORMATIOA 1 A .. RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection DRAINAGE DESIGN 1 DRAINAGE SYSTEM DESIGN PARAMETERS PIPE MATERIAL TBD based on optional pipe analysis.Assumed RCP for conceptual plans and price.Potential cost savings if other FDOT approved material is deemed acceptable. DESIGN STORM FREQUENCY OF 10-year(Table 3.1 FDOT Drainage Manual).The rainfall intensity will be determined from the STORM DRAIN SYSTEMS "Rainfall Intensity-Duration-Frequency Curve for Zone 8"based on the time of concentration of each contributing sub basin within the project limits. DESIGN TAIL WATER Based on surrounding SFWMD ERP permits,surveyed elevations of high-water lines/marks,and local tidal information. RUNOFF DETERMINATION Rational Method per Section 3.5 of FDOT Drainage Manual. DRY DETENTION Front slopes will be no greater than 4:1. SIDE SLOPES Back slopes will be no greater than 3:1. CONTROL ELEVATION 8.50'NGVD29(7.22'NAVD88).Based on SFWMD ERP Permit 1 1-001 58-S-03 for the Whippoor- will Lane and Whippoorwill Way Extension with discharge into 1-75 Canal. TIME OF CONCENTRATION 10 minutes minimum. Excluding minor losses,the storm sewer system shall provide a minimum clearance of 1 foot MINIMUM CLEARANCE from the Hydraulic Grade Line(HGL)to the gutter elevation.This will not apply to ditch bottom inlets where temporary ponding is not objectionable.If all minor losses are considered,then it is acceptable that the HGL can be designed to the gutter elevation. MINIMUM VELOCITY The minimum velocity shall be 2.5 feet per second(fps)in the storm sewer pipes. OUTLET VELOCITY If greater than 6 fps,then erosion protection and/or energy dissipation shall be considered. MANNING'S COEFFICIENTS TBD based on optional pipe analysis.Assumed 0.012 for concrete pipe for initial design. MINIMUM PIPE DIAMETER The minimum pipe diameter shall be 18 inches. MAXIMUM DISTANCE BETWEEN PIPE Maximum distance between pipe access shall be 300 feet for pipe diameters of 18 inches,400 ACCESS feet for pipe diameters of 24 to 36 inches and 500 feet for pipe diameters of 42 inches or larger. CALCULATED SPREAD AT EACH CURB Using an intensity of 4 inches per hour,the calculated spread at each curb inlet shall be less than INLET one half of the width of the outside travel lane. I MINIMUM VERTICAL CLEARANCE Minimum vertical clearance from other utilities shall be18 inches per Collier County Utility Standards. 00:.,, 44- s FIGURE 3.6 -PROJECT ; ,u, . . ' „.. , , sue_ siii Night S - ... -: a'? L �, ' �^ ,rK s+,a:.sia,s+ss9�.9�tehx a' ' '�. 4 d Re5,ersiq / o r y a ti ' - ., c g'S ° `.xw. ° +,--, .: � g ',,*sue ?: '7,4e7',1",.'r....,;:t3ii*, '', ' —, ','. .....,' AZike;N,'„'"'".4 7 .:4; ;w4[4,13. .-Z41***''4446""Av.'..` %,°"'„11,1*),,,,,,,:1,,;: ,'';';iVA,..'„:,, " 1 gym ,. r Ate+ , .: „„, ,--;Iwo- —'fir -1$-- — - 1 '„'f; %,---t- ',. % .. � ' , � , i P1ne>Ridge R , ' , . '`�, -• ' r 24 " TECHNICAL INFORMATION Gym 1 A rw RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ► ROUNDABOUT DESIGN Roundabouts are one of the most effective speed reduction measures available In addition to creating more conflict points,there will be difficulties for vehicles to engineers. Installing roundabouts at critical intersections,where the greatest traveling to the east. A vehicle traveling through the roundabout from Livingston volumes of pedestrian,bicycle and vehicle conflicts occur,significantly reduce Road would have a challenging time negotiating past the median separator on vehicle crashes and crash severity while providing pedestrians and bicyclists the east side of Hermosa Way.Vehicles exiting Hermosa Way would approach with safe road crossings. While reducing delay to all users, they enhance the intersection at more than a 45-dgree angle, so the drivers would have to the overall aesthetics of the roadway, offer a distinctive feature, and provide look behind them to see traffic existing the roundabout. Therefore,QE+ABB additional landscaping opportunities. propose a single-lane roundabout that would remove the right-turn lane and An important member of the QE+ABB Design-Build team is Michael Wallwork, dual exiting lane. This would make the intersection smaller and safer for PE.,a world-renowned expert in roundabout design,traffic calming and complete pedestrians to navigate. streets. Michael's roundabout experience spans 44-years with more than one- The next roundabout is located at the 90-degree turn of the connection of thousand roundabout designs in four countries.Michael reviewed the concept Marbella Lakes Drive and Whippoorwill Lane(FIGURE 3.3). This roundabout plans and made refinements to the roundabout designs. Below are descriptions is unique on the project as it does not serve any sideroads or access any of the enhancements,along with side-by side comparisons of the concept plans developments. QE+ABB's design is fairly similar to the concept plan. QE versus the revised design.Full size images follow on the next four pages in this +ABB's main design change is to narrow the medians at the entry and exit Technical Proposal. points to provide a bit more room for turning movements, In particular the in While the original concept design is based upon a fire truck and WB-40 truck, the northwest quadrant which would accommodate vehicles making a U-Turn QE + ABB recommend a design for a WB-50 furniture truck which will allow on Marbella Lakes Drive. Please note there are no crosswalks at this location better access for deliveries while maintaining a similar roundabout footprint. to slow traffic,so additional landscaping may be considered here in the future QE+ABB have used truck templates to modify each approach and exit leg to to provide a visual cue to the drivers to slow down. maximize speed control in the roundabout while providing adequate space,so The third roundabout at Stratford Place is similar to the Marbella Lakes larger trucks will not hit the curb lines. In regard to crosswalks,QE+ABB have roundabout since it has 3-legs (FIGURE 3.4). In order to slow southbound tailored the location so that vehicles exiting the roundabout have ample sight- traffic down,from the long straight-away portion of the roadway, QE + ABB distance to slow down,but not enough time to be in acceleration-mode as they have reduced the median width and deflected the alignment to the east. This exit the roundabout to reach the posted roadway speed.QE+ABB recommend a will slow traffic entering the roundabout from the north and traffic exiting from straight crosswalk vs.a kinked sidewalk,which are more appropriate for multi- the south as well as provide a better right-turn movement for vehicles exiting lane roadways,at each median crossing. Stratford Place. The first roundabout at the Marbella Lakes Community is the most complex The last roundabout on the project is the only one with 4-legs on the project. of the entire project, mostly due to the extremely wide entrance at Hermosa This roundabout serves the Andalucia community to the west and Night Hawk Way (FIGURE 3.2). The concept plans show an offset deflection to the north Drive to the east(FIGURE 3.5). QE+ABB's design changes at this intersection which helps in reducing speeds entering the roundabout. With the travel-lane are subtle.The splitter island is extended further east on Night Hawk Lane.This offset, the concept was to utilize as much of the existing pavement to the provides a better visual cue for drivers entering the roundabout and makes the south as possible. This resulted in an eastbound separated right-turn lane into crosswalk much more visible and safer to pedestrians. Other changes include Hermosa Way. A separated right-turn lane is not recommended on a single-lane revisions to the medians at the entry and exit points to allow for more efficient roundabout because it will create more conflict points. The same is true of the turning movements. multi lane exit from Hermosa Way with a median separator ic t xTT. 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TECHNICAL INFORMATION llill RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection V11110110111MIN lo PROJECT RISK & MITIGATION • — — -- POTENT AL PROJEC *I k'1-1J;'+'' '4 CRITICAL RISK MITIGATION STRATEGIES Community awareness,outreach,involvement,and communication are imperative to the success Impacts to Local Residences, of this Design-Build project and will be handled in full by Cella Molnar&Associates,Inc,(MIA). Businesses,and Traveling Motorists Additionally,QE+ABB's Phasing Plan and MOT Plan will help minimize impact to area residents, &Pedestrians businesses,motorists,and pedestrians. The QE+ABB team conducted a Pre-Application meeting with South Florida Water Management Permitting Delays District("SFWMD")on August 27th,2020 to discuss existing permits and anticipated items for the Whippoorwill Lane Marbella Lakes Drive Connection Design-Build project. QE+ABB,in conjunction with Earth View,LLC and Forge Engineering,have performed soft dig locates Soil Conditions and hand augers in order to better prepare for subsurface conditions such as presence of rock and/or water table. '• • $ f4,, ,., . -:. '- ,....7---...Yer rt' 1,,:.. • t~ • . ,, L T'; :: :06 ''' ' :.- '''''''; ' '''''' - •-• : *". ..* ::,4';'' - ,v1'' .. , -Al .,.4 4 ,,,, - t'''-'5_,'-4.1.„ , -,,,L,- ' '.4."-`-',----" -;. ' Y-:. • v------1: .r, 41-1 , , '',',' --1-=':,94:',V4-, ,A --, ,'-'..- ' - ' 4 --, ' d' 'i•:3 r . '' ''''1'• ' itt r: ...;A` ?:1,. t;, +.7. , ' t:44.t‘:' ;40 ‘4:.-•A‘ ',4'. 44' ''-'''''';''' , ,4tio:-.'0C: 212d*:". 1e1. Use of Subcontractors QE is a versatile general contractor and will self-perform over 90%of this project. DE+ABB reviewed the Concept Plan,obtained GIS locations from Collier County Utility Department, Utility Conflicts called-in a design ticket through 1-800 Sunshine,and performed preliminary Soft Digs and GPR to determine the potential utility relocations and identify the utility owners.The Design-Build team has also been in contact with local utility companies to begin coordination efforts. QE+ABB's proposed design will include mounded central islands that slope upward from the truck Visualization of Roundabouts apron per FDM 213.9.The mounded central islands,along with future tree and shrub plantings,will increase visual awareness of the roundabouts as well as enhance aesthetics. VAW!Mi.:,;liki:Z'4Tilf,0 4416 '4"AV, %.4.5,;',,,-'•,, ''-- ,4 4. . , j t • ' •1-' f ,., f', 4 ,:.,,,,,, ,,,,ii•, -'01,, ' ' , '. - 30, :. '..-,„„,,,, `-', - 7„7;,' ,>''''''• - : ' C;) 1 1 A TECHNICAL INFORMATION ■.II RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection EXISTING PAVEMENT STUDY I WHIPPOORWILL LANE Asphalt Pavement Rating Form Date 09-02-2020 Inspected By: Sean Hanes Subdivision Street Whippoorwill Ln limits Pine Ridge Rd,south to the culdesac Length 4,300' '.. Width Pavement type (Asphalt, Microsurface Limerock Converted Mill Required CO NO (Note: A rating of"0"indicates defect does not occur) DEFECTS RATING Transverse Cracks 0.10 7 Longitudinal Cracks 0-10 1 Alligator Cracks 0-10 2 Utility/Mechanical Cut(Patching) 0-10 1 Depressions/Bump/Rutting 0-10 3 Corrugations(Ripple) 0-10 1 Raveling,Edge of pavement damage 0-10 1 Shoving or Pushing 0-10 3 Pot Holes 0-10 1 Asphalt Bleeding 0-5 0 Polished Aggregate/Surface Ravel 0-5 5 Sum of Defects= 25 Condition Rating= 100—Sum of Defects Condition Rating= 75 Comments of Striping/Asphalt: Striping is Thermoplastic that is faded, and cracked.Approximately 70%of the RPM's(Raised Pavement Markersi are missing. 2020-09-02 11:16:12 1/1 Asphalt Pavement Rating Form (#506) 1 1 A TECHNICAL INFORMATION ® RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection EXISTING PAVEMENT STUDY I MARBELLA LAKES DRIVE Asphalt Pavement Rating Form Date 09-16-2020 inspected By: Sean Hanes Subdivision Street Marbella Lakes Dr _ Limits From Livingston Rd east to the dead end. '.. Length 1,440' Width 24' Pavement type Asphalt Microsurface Limerock Converted Mill Required ® ND (Note: A rating of"0"indicates defect does not occur) DEFECTS RATING Transverse Cracks 0-10 0 Longitudinal Cracks 0-10 0 Alligator Cracks 0-10 0 Utility/Mechanical Cut(Patching) 0-10 0 - Depressions/Bump/Rutting 0-10 0 Corrugations(Ripple) 0-10 1 Raveling,Edge of pavement damage 0-10 o Shoving or Pushing 0-10 0 Pot Holes 0-10 0 Asphalt Bleeding 0-5 0 Polished Aggregate/Surface Ravel 0-5 Sum of Defects= 2 Condition Rating= 100—Sum of Defects Condition Rating= 98 Comments of Striping/Asphalt: The striping is Thermoplastic and starts at the intersection of Livingston Rd and Marbella Dr and extends 190'to the east.There is not any centerline striping on the rest of the road.There are not any RPM's(raised pavement '.. markers).There is Type F curb on the south side of the road only. 2020-09-16 11:54:22 1/1 Marbella Lakes Dr 09-16-2020(#43) 1 1 A Iwo TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection UTILITY DESIGN I UTILITY DEVIATION FORM Col tier County UTILITY DEVIATION FORM Petitioners Request Date: ❑ Wastewater ❑ Water ❑ IQ Water ❑Grease Trap Land Use Application # ❑ Privately Owned ❑County Owned Project Name: Folio Number(s): REQUIRED INFORMATION Petitioner's Name & Business Name: Cover Letter w/Pertinent Information Site Drawings Business Address: Detail Specifications (include MFR Maint. Procedures for Grease Trap Deviations) Phone#: Menu & Seating (Only for Grease Trap Deviations) Email: Reason for Request: How does this Request Differ from Ordinance: Impact of this Request of Affected Area: Impact of this Request on the Maintenance of the System: Explain Benefits Request Will Have to the Operation/Maintenance of the Collier County Utility System: Additional Comments: Utility Deviation Form Revision Date: July 2018 a za eA:c) f , yak'', ii- �.. a I 1 t ,, , ,, , 5� F ,t . ;Kr a , . Profile Howard J. Murrell serves as President at Quality Enterprises USA, Inc. (QE) where he oversees all company operations. Howard has been integral to QE:'s growth and 't rho ,: brings more than 40 years of industry experience to the team. Howard has managed a variety of large scale projects, most notably:the recent runway and taxiway expansion for commercial jets at the Hilton Head Island Airport,a 3,700 LF Horizontal Directional Drill under the Harbor River on Fripp Island, SC, and construction of a water tower at Guantanamo Bay in Cuba. Experience Project Experience QE Experience 140+Years • Hilton Head Airport QE recently completed a project at the Hilton Head Island Airport Industry Experience 140+Years Runway 21 &Runway 3 that included taxiway replacement and runway extension to Extension accommodate for commercial jet traffic. The project involved Hilton Head Island,SC installation of 19,300 tons of P401 Asphalt.Extensive earthwork $25,827,390 and utility work was required, including the relocation of an existing forcemain by open cut and horizontal directional drilling. • Burnt Store Road This project involved the construction of a new 2-mile roadway Phase II with 3 bridges, utility work, and storm piping. The project was Education & Cape Coral,FL completed on time and within budget,and QE self-performed the Certifications work. $15,849,555 Venice Downtown This project involved the complete reconstruction of the • College of William&Mary Corridor Improvements Downtown Venice Business District, including the installation B.S.In Business Administration City of Venice,FL of storm piping,curbs and sidewalks,approximately 2 miles of Florida Underground Utility& $9,203,128 roadway base and paving, landscaping, irrigation and lighting. Excavation Contractor Public Outreach and MOT were key elements,as the project was constructed during Venice's high tourist season. Florida-Pollutant Storage Systems Contractor Immokalee Road& This project involved the complete reconstruction of the • Florida-Electrical Contractor Collier Boulevard Immokalee Rd./Collier Blvd.intersection including construction Intersection&Utility of a new con-span bridge,earthwork,utilities,realignment of a Florida-Plumbing Contractor Improvements new canal, installation of roadway base and paving, curb and Florida-Building Contractor Naples,FL sidewalk, lighting and signalization. The project was located in a very high-volume traffic area where MOT was critical and $7,750,472 required close coordination with Collier County Utilities as well as SFWMD to divert a major canal along Immokalee Road. • Central Avenue Road- The City of Naples' Central Ave. Improvement Project was a way and Utilities major transportation enhancement along the Central Ave. Reconstruction corridor between 8th St. and Goodlette-Frank Rd. This project Naples,FL involved the construction of roundabouts,installation of 3,000 tons of Asphalt, 4,000 LF of drainage pipe, 6,000 LF of utility $4,502,433 piping, curb, sidewalks, pedestrian bicycle lanes, lighting and signalization. The project design is a Blue Zone concept for a healthier urban environment. e i < : :7d : o. ,. :. !oft - f - if, -, �' R .,), :;,,,,, , ' '.,i.. '"‘' 3,!;,,,, ,,,I,',,g't,-41-;,-.,.-,,::,t:::".: -.e.,,,„,‘: .' ,,,,. ‘„4,,,, ,,,_. ',',.,:,,,;, , : F '• u (� 1,1: ,,,,.,-,:' ',, ,,,"' , '''',i,,,',-;=4::::,:11"-,,,,eln',',.: ,, -,, "rtg':'' ''241;.i ' i 1 I. It: ' ','''' 4,, Construction Project. man ,o,`� '` ' Profile Steve Jones will serve as the Project Manager(PM)on RPS#20-7735 and brings more than 33 years of industry experience to the QE team.As a PM,Steve is responsible for the overall direction,completion,and financial outcome of multiple large-scale construction projects at QE.Steve has overseen several roadway improvement and extension projects and has the leadership, organization, time-management, and communication skills necessary to perform quality work. Experience Project Experience QE Experience I 33+Years • Hilton Head Airport QE recently completed a project at the Hilton Head Island Airport Runway 21&Runway 3 that included taxiway replacement and runway extension to Industry Experience 133+Years Extension accommodate for commercial jet traffic. The project involved Hilton Head Island,SC installation of 19,300 tons of P401 Asphalt.Extensive earthwork $25,827,390 and utility work was required, including the relocation of an existing forcemain by open cut and horizontal directional drilling. � Center for Hope Phase This private development project was performed under the 1 Sitework,Roadwork& inspection of Lee County and FDOT and involved the complete Utilities development of a 50-acre site located in Fort Myers with over Education & 4,000 LF of roadway and utilities.QE self-performed all sitework Fort Myers,FL Certifications $10,366,311 including site clearing and grubbing, earthwork, excavation of lakes,removal of rock and crushing for use as base rock,water mains,force main,gravity sewer, lift station,curbs&sidewalks, Old Dominion University asphalt paving,landscape and irrigation. USACE CQM-C Certification • Master Drainage This recent project involved major improvements to the Master Improvements at the Drainage System at the Sarasota International Airport. The work OSHA 40 Hour Hazwoper Sarasota International included earthwork,installation of Gabion Baskets,large diameter Certification Airport storm pipe and drainage structures,and runway/taxiway paving Sarasota,FL utilizing P-401 Asphalt Mix.A portion of this project involved a OSHA 8 Hour Hazwoper $7 359,282 scheduled 21 day runway closure for installation of a double 60" Certification pipe,which was completed ahead of schedule in only 11 days. • Ridgeland Claude-Dean This project involved the complete construction of a 3,200'long x Airport,Runway and 75'wide runway and taxiway system.The project was divided into Taxiway Paving and two phases,included extensive earthwork and paving,as well as Lighting Project installation of airfield lighting and drainage.The project included Ridgeland,SC 16,000 tons of P-401 asphalt mix,22,000 CY of excavation,and over 1,500 LF of storm piping. $4,831,530 41:14 5 ry FORMATION 4 S 20-7735 Whippoorwill connection s`ve p > - ■ I tC t §y f•# f. ii, Construction Superintendent Profile = s Mitchell Tourino will serve as the Construction Superintendent on RPS#20-7735 and brings more than 31 years of industry experience to the QE team.Mitch will be present on t � � f ��, ,. the job site through project completion and will manage daily construction activities and field operations. During construction, Mitch will facilitate meetings with customers and inspectors,oversee daily crew activities,bring changes/modifications to the attention of the Project Manager,and verify material quantities and deliveries,etc.With over 30 years of industry experience and extensive safety training, Mitch's expertise will be integral to Experience project success. QE Experience 15+Years Project Experience Industry Experience 131+Years • Burnt Store Road This project involved the construction of a new 2-mile roadway Phase II with 3 bridges, utility work, and storm piping. The project was Cape Coral,FL completed on time and within budget,and QE self-performed the work. $15,849,555 Venice Downtown This project involved the complete reconstruction of the • Corridor Improvements Downtown Venice Business District, including the installation Education & City of Venice,FL of storm piping,curbs and sidewalks, approximately 2 miles of Certifications $9,203,128 roadway base and paving, landscaping, irrigation and lighting. Public Outreach and MOT were key elements,as the project was constructed during Venice's high tourist season. Florida International University B.S.In Criminal Justice + Immokalee Road& This project involved the complete reconstruction of the Collier Boulevard Immokalee Rd./Collier Blvd.intersection including construction GHS&OSHA Hazardous Intersection&Utility of a new con-span bridge,earthwork,utilities,realignment of a Communication Training Improvements new canal, installation of roadway base and paving, curb and Stormwater Management Naples,FL sidewalk, lighting and signalization. The project was located Inspector $7,750,472 in a very high-volume traffic area where MOT was critical and required close coordination with Collier County Utilities as well Advanced MOT Certification as SFWMD to divert a major canal along Immokalee Road. Central Avenue Road- The City of Naples'Central Ave.Improvement Project was a major • way and Utilities transportation enhancement along the Central Ave.corridor Reconstruction between 8th St. and Goodlette-Frank Rd. This project involved Naples,FL approximately 3,000 tons of Asphalt placement, installation of 4,000 LF of drainage pipe, 6,000 LF of utility piping, curb, $4,502,433 sidewalks, pedestrian bicycle lanes, lighting and signalization. The project design is a Blue Zone concept for a healthier urban environment. • Marco Island Airport This project involved the installation of drainage and utility piping, Apron&Associated earthwork,base installation,asphalt paving and demolition.The Safety Improvements project also includes high mast lighting. Marco Island,FL $4,110,562 fir; 6 , , ,, ., . • ..,i,,,,,,y.--,c.,,,:i,,..,,---'k ---4.,`,,,i.II1,7:2:,i7 IiiiIIp* i!P'I " :i c! ,,,,, ,,,,,i.:),...1,..o7::,,...;'. .,,., i; j,,i,1„ , tt t--t-s,—: :;,::.,,,, ,,,!::-.-7,,,,,,:i:,,,,,,,,,,,,,F,,,,,,o,:,,:lit,,,44:,,:•.,t:;':,o,!,:',,,,',.*,,,,,..44,..4,7114:,,,c,,,,:7,,,,,,.::,,,,,,, P 6 ''.''o, a , , ,. .0 .. . i 1;1 , ..:., .:4 . 1I4-4I4. 3 :c, ,-:- ;,� `Y�s _ e t ,fig .w,.- I ..5,', , . ,,: : ,,,,.,.: . :yi 1 ( tt ; "� fi !,,.',:.,:„r,,;;: z ; , ,, , -4' '.;:. .,.(„,,s. .,.,,,, ,,, - _ Est` �i. , r Profile Howard J. Murrell III serves as the Construction Technology Manager at Quality QEEnterprises USA, Inc. (QE)where he is responsible for the installation,implementation, fhkry teaching and training of new control systems in all equipment. Howard was directly involved with the multi-million dollar bridge and roadway development project at the intersection of Collier Boulevard and Immokalee Road in Naples, FL and has spent almost two years leading earthwork, milling and paving projects in South Florida and Hilton Head Island,SC. Experience QE Experience I 8+Years Project Experience Industry Experience 18+Years • Hilton Head Airport QE recently completed a project at the Hilton Head Island Airport Runway 21 &Runway 3 that included taxiway replacement and runway extension to Extension accommodate for commercial jet traffic. The project involved Hilton Head Island,SC installation of 19,300 tons of P401 Asphalt.Extensive earthwork $25,827,390 and utility work was required, including the relocation of an existing forcemain by open cut and horizontal directional drilling. • Master Drainage This recent project involved major improvements to the Master Education & Improvements at the Drainage System at the Sarasota International Airport. The work Certifications Sarasota International included earthwork,installation of Gabion Baskets,large diameter Airport storm pipe and drainage structures,and runway/taxiway paving Sarasota,FL utilizing P-401 Asphalt Mix.A portion of this project involved a Auburn University scheduled 21 day runway closure for installation of a double 60" B.S.In Building Science $7,359,282 pipe,which was completed ahead of schedule in only 11 days. U.S.Army Corps of Engineers, CQM Certification • Ridgeland Claude-Dean This project involved the complete construction of a 3,200'long Airport,Runway and x 75'wide runway and taxiway system.The project was divided OSHA 30-Hour Certification for Taxiway Paving and into two phases, included extensive earthwork and paving, as Construction Lighting Project well as installation of airfield lighting and drainage.The project Ridgeland,SC included 16,000 tons of P-401 asphalt mix, 22,000 CY of $4,831,530 excavation,and over 1,500 LF of storm piping. • Marco Island Airport This project involved the installation of drainage and utility piping, Apron&Associated earthwork,base installation,asphalt paving and demolition.The Safety Improvements project also includes high mast lighting. Marco Island,FL $4,110,562 • West Harns Marsh The project involved the installation of storm pipe culverts, Phase III headwalls, sluice gates, 80' pedestrian bridge, electrical and Lehigh Acres,FL landscaping. $2,300,500 ... C. am% TECHNICAL INFOR 14 RPS 20-7735 Whippoorwill Lane&lvlarbella Lakes Drive Connection c,'z. r,.-u, i�Nlll..:.' .:.b'F'!. s ,uvnsf :- .Y/.HNin.d »». hW,Uv4ki. ..,,, C✓uiW..r...k.lu4 ..., ,. ...... Brent C . Guillot, RLA Vice Pit::!sident a 4: Brent Guillot joined Agnoli, Barber & Brundage, Inc. in 2018. With 19 years' professional experience as a Landscape Architect, Brent has led teams to design Apr, - and construct award winning parks, campuses, and communities across the US. Developments include commercial shopping centers, mixed use, residential subdivisions, multi-family, high-rise towers, golf course development, clubhouses, public parks and government buildings, and streetscape and roadway projects. Mr. Education: Guillot is experienced managing all aspects of the project lifecycle. Bachelor of Landscape Architecture, Louisiana State University, Baton Rouge, Daily responsibilities at ABB include planning, design, and permitting for valued 2001 Clients across SWFL. Niche areas of expertise include: patios, hardscapes, walkways, masonry walls, terraces, pergolas, sports courts, fire features, custom Professional Registration: swimming pools, water features, and landscape lighting. FL Licensed Professional Landscape Architect No. LA6667385 EXPERIENCE: LA Licensed Professional Landscape Architect No. 13-0607 Private Development Years of Experience: 19 • Career Pathway Learning Lab • • Bonita Bay Tennis Center & Pool Professional History: • Bonita Bay Creekside Improvements Agnoli, Barber& Brundage. Inc. • Mediterra Clubhouse Expansion 2018—Present • Spring Run Gatehouse & Entry • Shadow Wood Clubhouse Expansion Environmental Design Studio—Naples • Audubon Country Club Tennis Center 2016-2018 • Pelican Isle Yacht Club Environmental Resources Management— Commercial Development Alexandria, LA 2010—2015 • Ferrari of Naples • Germain BMW Davis Boulevard Moore Planning Group—Alexandria, LA • Chase Bank Marco Island 2006—2010 • Lozano's Town Plaza Immokalee • Bonita Springs YMCA Terravista Landscapes—Bentonville, AR • Bellasera Hotel 2005—2006 Public Facilities Smallwood Design Group—Naples, FL • Lowdermilk Park 2001 -2004 • Norris Center Courtyard • River Park Community Center Professional Affiliations: • East Naples Community Park American Society of Landscape Architects Environmental Projects FDOT Prequalification: • BP Wind Energy Farm, Flatridge I & II Prequalified in Work Group 15 • Blackhawk Energy, Federal Multimedia Environmental Compliance Audit • BHP Billiton, Federal Multimedia Environmental Compliance Audit • City of Alexandria, Municipal Separate Stormwater Sewer System Plan ■111saa ■.s.■ ■■,■.�E ►GNOLI ■11 rlMi ■l112il1DARBER infim■ .... wn sass.., ►T�t)1�+TD1 GE, INC. ID38 TECHNICAL INFORMAT O ek1i. A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Conn � Kellie Fissinger, P . E . ro RwA cr V Ms. Fissinger joined Agnoli, Barber & Brundage in 2016 offering a broad EDUCATION: range of applicability with her diverse academic background. Her Bachelor of Science, Civil Engineering responsibilities include site design of utilities, well fields, lift stations, and Florida Gulf Coast University,2011 stormwater systems; hydraulic and hydrologic modeling; data analysis/feasibility studies; and water quality analyses. Master, Environmental Engineering University of South Florida,2014 PROFESSIONAL REGISTRATION: Licensed Professional Engineer EXPERIENCE: No 88527 • Rural Lands West Site Development Design &Water Quality Analysis • The Landings at Logan Water Quality Analysis • Collier County Gordon River Improvements Master Plan H&H Modeling PROFESSIONAL HISTORY: • Mercato Stormwater H&H Modeling • Forest Lakes Stormwater H&H Modeling Agnoli, Barber& Brundage, Inc. 2016—Present • Collier County Goodlette-Frank Outfall Feasibility H&H Modeling • Collier County LASIP H&H Modeling Carollo Engineers • City of Naples Pump Stations 22& 26 Rehabilitation 2015—2016 • City of Naples Pump Stations 12& 14 Rehabilitation • Lee County Principia Drive Water Main Replacement YEARS OF EXPERIENCE: 5 • Collier County Tamiami Well No. 39 • Collier County Tamiami Well No. 40 PROFESSIONAL AFFILIATIONS: • Collier County Freedom Park Outfall Site Design Public Relations Director& • Southwest Florida Land Preservation Trust Gordon River Greenway Site * MATHCOUNTS Chair, Florida Design Engineering Society- Calusa • Ferrari of Naples Site Design Chapter • Collier County North Collier Regional Park Artificial Turf Site Design • Collier County Gordon River Grant Application Support • Bonita Bay Community Association Lake Remediation ACCOMPLISHMENTS AND AWARDS: • FES Calusa Chapter Young PREVIOUS EXPERIENCE: Engineer of the Year Award (2019- • SFWMD Caloosahatchee River (C-43) West Basin Reservoir Project— 2020) Pump Stations S-470 & S-476 • Wastewater Collection System Inflow& Infiltration Pilot Study for the Town of Longboat Key TECHNICAL SKILLS: • Palm Beach County Water Utilities Department WTP No. 2 Filter Software Applications: Replacement XPSWMM, ICPR, HEC-RAS, Cascade, • City of West Palm Beach WTP Water Quality Deviation Study GIS software,WaterCAD, BMP Trains • City of Sunrise Southwest Water Treatment Plant Ion Exchange& 2020 Improvements • City of Sunrise Springtree WTP Phase II Improvements& Rehabilitation • Boynton Beach MIEX System Design Build Phase II Project • Reclaimed Water Balance Update for the City of Orlando nommarA .... GNOLI Nomb:*w::UBARBER& isim rk I BRUNDAGE, INC. Prntcmrsal} ONO.,Mom:e.,Swvcywcit 1amt,"e Anh,t to Rev 5/2020 r. +CA039 er. _ TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection MEET QE'S SAFETY TEAM WHIPPOORWILL DESIGN-BUILD I PROJECT SAFETY PLAN OE maintains a real-time safety program and continuously implements new cutting-edge safety measures. Employee involvement is key to our success, and OE prioritizes on-going safety training programs throughout the year. QE's management team works alongside field personnel to create specialized safety policies and procedures for our diverse industry, and employees are trained to• recognize safety concerns,issues and/or potential hazards.OE works diligently to reduce and eliminate exposure to employees,subcontractors,and the public. • , In 2019,OE hired Safe Site Consulting, Inc.to oversee all company safety measures. Established in 1999,Safe Site successfully provides safety consulting and training to various construction companies , throughout Florida.OE recently updated the company's written Safety Manual and holds new employee orientation and formal safety training courses. Courses include, but are not limited to: Excavation Safety,Confined Space Entry and Rescue,Rigging Safety,MOT,and Tool Safety. Kelle OE also provides proper,maintained,and specialized safety equipment to each working crew.Personal Davidy Protective Equipment (PPE) is provided to each employee and safety policies are strictly enforced Safe Site Consulting throughout the company. Weekly safety inspections are completed by Superintendents and Safe David Kelley provides safety consulting and training Site Consultants at various OE construction sites and maintenance facilities to ensure OSHA safety to personnel at all job sites. He completes weekly compliance.Weekly safety meetings are also completed by each working crew. site safety reviews to ensure that crews utilize prop- er equipment and procedures and facilitates month- ly classes on a variety of items,such as overhead t ' power lines,manholes,and ladder safety. v, � r -47 _ [ E '� r4y** t y, • SAFETY IS INGRAINEDIN OUR CULTURE. PPI JIB „'"°. r Alta OE+ ABB prioritize safety for the Whippoorwill Lane Marbella Lakes Drive Connection Design-Build 0. project and and will adhere to the following safety protocols for each aspect of the project: Margarita • MAINTENANCE OF TRAFFIC:The safety of construction crews,vehicular traffic,and pedestrians QE j Manager of Safety&HR within the work zone are of utmost importance.OE's Safety Committee,consisting of field personnel, management, and the company's safety consultant, and Bob's Barricade have collaborated on Margarita Negron has 20+ years of construction ; phasing and MOT plans to provide a secure and safe environment for all involved.Approved traffic industry experience. Mrs. Negron enforces compli- ance with government regulations,acts, and stan- • safety devices will be inspected and maintained before and during each work shift, as well as dards.She sets and reviews health and safety guide- confirming that all devices are set in place per approved plans. lines in order to minimize accidents and injuries. • CLEARING&GRUBBING:To minimize exposure to ground workers,heavy equipment will be used for land clearing and proper eye/ear protection will be utilized. _ • DRAINAGE AND UTILITY WORK:QE'strenching operations are protected by use of OSHA compliant sloping &steel supported trench boxes. Drainage pipe hoisting operations will be performed by an experienced pipelayer, material hoisting rigging capacity is verified and inspected daily prior to use,and existing underground utilities are identified by hand digging prior to excavation work commencement. Heavy equipment is operated solely by trained employees,who are responsible for completing a daily safety inspection.OE also has in-house equipment maintenance personnel • available to address potential equipment concerns. • DEMOLITION OF PAVEMENT AND CONCRETE: Safety precautions will be prioritized while demolishing the existing road, Workers will cut the road into smaller sections and Silica dust exposure will be controlled. During the cutting of concrete and asphalt, water will be used to eliminate dust to protect workers and the surrounding area. Paving operations will be controlled following specific safety procedures. • SIGNALIZATION&ELECTRICAL WORK:Electrical work will be completed by certified electricians. Ise Carreras Controlling hazardous energy(Lockout/Tagout)will be mandated during any hot work and overhead QE I Project Administrator/EEO Officer electrical powerlines will be identified at the start of the project.OE will contact FPL to identify the Ise Carreras facilitates all EEO compliance and voltage and proper clearance for work operations. Employees are trained to evaluate their work training for QE personnel.She also assists with con- tinued safety education for construction crews by zone and comply with OSHA standards. overseeing the weekly toolbox talks,and is respon- „qE has proven that when management and field personnel work as a team,a productive sible for submitting project permits and revisions. company safety program is established and produced." 0 1' TECHNICAL INFORMATION � RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection A 1 1 A L+iD>ter'County Email: Jim.Flanagan@colliercountyll.gov Administrative Services Division Telephone:239.252.8946 Procurement Services ADDENDUM#1—Design Build STEP 2 Date: August 24,2020 From: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum#1 —20-7735 Design Build Step 2—Whippoorwill Lane Marbella Lakes Drive Connection This Addendum has been issued for the following items identifying clarifications,changes,deletions,and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: 1. In response to Questions#1 and#10,available CAD files are being uploaded on BidSync a. Question#1:Can we be provided with CAD files of the conceptual plans that were provided to us? b. Question#10:Could the County please provide all available survey and design plan files from the Grady Minor 2012 plans in CAD format? NOTE: SUPPLEMENTAL BACKGROUND INFORMATION IS PROVIDED FOR HISTORIC REFERENCE ONLY,THERE IS NO ASSURANCE OF ITS CURRENT APPLICABILITY,VALIDITY, FUNCTIONALITY OR ACCURACY. PROPOSERS ASSUME ALL RISK AND LIABILITY FOR USE OF THESE DOCUMENTS. 2. Please refer to Questions and Answers on BidSync.The Question period closes on September 4. 3. Bidders are reminded to provide all required proposal forms,responses,and attachments. if you require additional information please post a question on our Bid Sync(www.bidsype.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 8/24/20 (Signature)`-Louis-J. Gaudio,Vice President Date Quality Enterprises USA, Inc. (Name of Firm) 41 11A TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection .+� �� Email: Jirn.Flanagan@colliercountyll.gov Administrative Services Division Telephone:239.252.8946 Procurement Services ADDENDUM#2—Design Build STEP 2 Date: September 2,2020 From: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum#2—20-7735 Design Build Step 2—Whippoorwill Lane Marbella Lakes Dr.Connection This Addendum has been issued for the following items identifying clarifications,changes,deletions,and/or additions to the scope of work,solicitation documents and/or hid schedule for the above referenced solicitation: ADDITION: 1. The Proposal Due Date has been extended to September 29,2020(it)3:00 pm 2. The Bid Question Deadline has been extended to September 18,2020 @ Close of Business. a. Any outstanding Bid Question Answers will be provided by September 22. 3. GMP Proposal Form Revised—to reflect breakout value for new signal 20-7735—Addendum#2—Attachment A-Guaranteed Maximum Price Form—RI,attached 4. In response to Bid Questions#6: 20-7735—Addendum#2-February 25,2020 memorandum from Johnson Engineering concerning potential utility conflicts,attached. NOTE:SUPPLEMENTAL BACKGROUND INFORMATION IS PROVIDED FOR HISTORIC REFERENCE ONLY. THERE IS NO ASSURANCE OF ITS CURRENT APPLICABILITY,VALIDITY,FUNCTIONALITY OR ACCURACY, PROPOSERS ASSUME ALL RISK AND LIABILITY FOR USE OF THESE DOCUMENTS. 5. In response to Question#24,Are there liquidated damages?Yes,per FDOT Standards. 20-7735—Addendum#2—FDOT Liquidated Damages re 07-2020,attached. 6. The Project Design and Construction Schedule is 494 calendar days from Notice to Proceed(Design) to Final Completion(Design and Construction) 7. Please refer to Questions and Answers on BidSync.The Question period closes on September 4. 8. Bidders are reminded to provide all required proposal forms,responses,and attachments. if volt require additional information please post a question on our Bid Sync(wui rr.hidsyn .co+rr)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 9/2/20 (Signature) ` sutn:-Gaudio,Vice President Date Quality Enterprises USA. Inc, (Name of Firm) ( 42 to TECHNICAL INFORM T J Glom RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection Yer County Email: Jim.Flanagan@colliercountyfl.gov Administrative Services Division Telephone:239.252.8946 Procurement Services ADDENDUM#3—Design Build STEP 2 Date: September 11,2020 From: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum#3—20-7735 Design Build Step 2—Whippoorwill Lane Marbella Lakes Dr.Connection This Addendum has been issued for the following items identifying clarifications,changes,deletions,and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: 1. In response to Bid Questions#17,utility and other as-builts for the project area,attached as follows: Landscaping: Landscaping-CR881 N Marbella Lakes Dr Landscaping-CR881_PH I&II_Landscaping_Marabella Landscaping-CR881_PHASE I&II Irrigation_Marabella 2003 BCC Approved Masters Plan Original-Ex-Sum PUD: PUD-Aviano at Naples Offsite WM and FM PUD-CR881 N Marbella Lakes Dr PUD-Livingston Rd-10 FM-Wyndemere to Marbella Lakes Dr- 1991 PUD-Livingston Rd 20 IQ at Marbella Lakes Dr PUD-Livingston Rd 24in FM-Ph 6 Revised Bid Plans-2020-07-17 PUD-Livingston Road 6-Laning at Marbella Lakes Drive-Final Design—2001 PUD-Marbella Lakes Dr-WM Cnxn to ML 1 PUD-Pine Ridge Rd at Whippoorwill Ln- 16in FM PUD-Sheet 06 from Livingston Rd 24in FM-Ph 6 Revised Bid Plans-2020-07-17 PUD-Sheet 19 from WESTERNINTERCONNECT-ISSUEDFOR.BIDDING Sealed Plans PUD-Whippoorwill Lane- 12 W-Hospice of Naples PUD-Whippoorwill Lane-Jan 2004 PUD-Whippoorwill Lane-The Reserve at Naples Off-Site Improvements PUD-Whippoorwill Lane PWM Loop PUD-Whippoorwill Lane PUD-Whippoorwill Ln at Sutherland PUD 1987(Dudley Drive) PUD-Whippoorwill Ln Intersection Improvements PP PUD-Whipporwill Lane at Andalucia Way PUD-Whipporwill Lane at Night Hawk Drive PUD-Whipporwill Lane at Stratford Lane ROW Conveyance ROW-Conveyance-Avianao SUE(OR 5417,Page 989) ROW-Conveyance-Aviano RDUE(OR 5417,Page 992) ROW-Conveyance-Delecave 8RDUE ROW-Conveyance-Hospice 9RDUE ROW-Conveyance-Hospice I ORDUE ROW-Conveyance-Hospice 427RDUE ROW-Conveyance-Hospice UE OR 1709,pg 1830 F ,. (m0)43 I I A TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection ROW-Conveyance-K&S Arlington Lakes 2RDUE ROW-Conveyance-K&S Arlington Lakes 4RDUF, ROW-Conveyance-Marbella Tract A-3-B WD ROW-Conveyance-Martin 7RDUE ROW-Conveyance-Myers 1 IQCD ROW-Conveyance-Pine View LLC 16RDUE ROW-Conveyance-PR IV LLC 17RDUE ROW-Conveyance-PR IV LLC 18RDUE ROW-Conveyance-Reserve at Naples l3S WD ROW-Conveyance-Seagate Church 12RDUE ROW-Conveyance-Seagate Church 12A(SWE) ROW-Conveyance-Utility Easement ROW-Conveyance-Whippoorwill Pines 14RDUE ROW-Conveyance-Whippoorwill Pines 15RDUE ROW-Conveyance-Whipporwill Lane Parcel Map ROW-Conveyance- Wiener 6RDUE ROW-Legal ROW-Legal-Current Legals as of 9-2-20 ROW-Legal-Notice-ROW not yet acquired ROW—Title Commitments ROW-Title Commitments- 101FEE ROW-Title Commitments-102FEE ROW-Title Commitments-104RDUE ROW-Title Commitments-105& 11 IRDUE ROW-Title Commitments-I07RDUE ROW-Title Commitments-110RDUE ROW-Title Commitments-113RDUE Stormwater Stormwater-Livingston Rd Phase 2 GGPkw to PRR 1 Stonnwater-Livingston Rd Phase 2 GGPkw to PRR 6 Stormwater-Livingston Rd Phase 2 GGPkw to PRR.22 Stormwater-Livingston Rd Phase 2 GGPkw to PRR 41 Traffic Ops Traffic Ops—CR881 N Marbella Lakes Dr NOTE:SUPPLEMENTAL INFORMATIONJAS-BUILTS ARE PROVIDED FOR HISTORIC REFERENCE ONLY. THERE IS NO ASSURANCE OF ITS CURRENT APPLICABILITY,VALIDITY,FUNCTIONALITY OR ACCURACY. PROPOSERS ASSUME ALL RISK AND LIABILITY FOR USE OF THESE DOCUMENTS. 2. Please refer to Questions and Answers on BidSync.The Question period closes on September 18. 3. Bidders are reminded to provide all required proposal forms,responses,and attachments. If you require additional information please post a question on our Bid Sync(it'wu.bidsviic corn)bidding platform under the Solh. !radon lnr tins pro/cd. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 9/11/20 (Signature) Louis J. Gaudio,Vice President Date Quality Enterprises USA, Inc. (Name of Firm) „ ,,„.,„ C) 4 1 1 A C • TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection Colter County Email: Jim.Flanagan@colliercountyfl.gov Administrative Services Division Telephone:239.252.8946 Ps curernent Services ADDENDUM#4—Design Build STEP 2 Date: September 23,2020 From: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum#4—20-7735 Design Build Step 2—Whippoorwill Lane Marbella Lakes Dr.Connection This Addendum has been issued for the following items identifying clarifications,changes,deletions,and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: 1. The Proposal Due Date has been extended to October 6,2920 G 3:00 pre 2. The Question period closed on September 18.The Attached Consolidated Bid Questions and Answers arc hereby incorporated into the solicitation a. 20-7735—Addendum#4-Consolidated Bid.Questions and Answers 3. Bidders are reminded to provide all required proposal fonns,responses,and attachments. !f you require additional in%rniation please post a question on our Bid Sync(rr'n•w.bri(u.urc;con)bidding plat/brnt under the solicitation fbrthis project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 9/25/20 (S.ign (iThe t6-u s J. Gaudio,Vice President Dale Quality Enterprises USA, Inc. (Name of Firm) FAO 45 1 1 A a... TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection UNANIMOUS WRITTEN CONSENT IN LIEU OF THE 2020 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF QUALITY ENTERPRISES USA, INC. The undersigned, being all the directors of Quality Enterprises USA, Inc. (the "Corporation"), pursuant to Virginia Code Section 13.1-685, hereby approve and consent to the following actions in lieu of the Annual Meeting of the Board of Directors: WAIVER OF NOTICE: Execution of this Written Consent will constitute full waiver of notice of the Annual Meeting of the Board of Directors of the Corporation for the year 2020. ELECTION OF OFFICERS: The following persons are elected to the offices following their names to serve until the expiration of their terms at the next annual meeting of the Board of Directors, or until their successors shall be duly elected and qualified: Howard J. Murrell, Jr. President Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, Ill Corporate Officer Stacey L. Murrell Secretary WHEREAS, the Directors believe it is in the best interest of the Company to grant, without limitation, signing authority and the authority to conduct business on behalf of the Company to each of the following Officers: Howard J. Murrell, Jr., President WHEREAS, the Directors believe it is in the best interest of the Company to grant authority to enter into and sign contracts on behalf of the Company to each of the following Officers: Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, III Corporate Officer Stacey L. Murrell Secretary RATIFICATION: All acts taken on behalf of the Corporation by the Corporation's officers since the last meeting of the Board of Directors are hereby ratified and approved. MINUTES: This Unanimous Consent shall be filed with and become a part of the Minutes of the Corporation. Effective date: January 1, 2020 It) >• Date signed QUALITY rd J. urrell, Jr. ENTERPRISES �,�� r 1 ' 46 TECHNICAL INFORMATIOI' I. A RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA,Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the City of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board a of County Commissioners,collier county,(hereinafter called the Owner), in the full and just sum F of -Five-Percent-of-Amount-Bid— Dollars($5%-of-Bid-- )good and lawful money of the United States of America,to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 20-7735—Design Build—Whippoorwill Lane Marbella Lakes Drive Connection. NOW, THEREFORE, if the Owner shall accept the RPS of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such RPS, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5°i-of-Bid-- noted above as liquidated damages, and not as a penalty, as provided in the RPS Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 15th day of September , 2042o Quality Enterprises USA,Inc. Principal BY (Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Company of Maryland Surety (Seal) rO Terri K.Strawhand,Att ,np in-F c Countersigned ._ Daniel J.Grygo' Local R Non-esident Producing Age 't for Fidelity and Deposit Company of Maryland CA® 47 Gra% TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection Bond Number Bid Bond Obligee Lw,'m„rc, ::' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which arc set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Terri K.Strawhand ,its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONLAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 41* " BEAD By: Robert D.Murray 046'� Vice President y�+ r'� (� iy�fMp� ...L.1cauy1L N yt0..___. By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. jltluuurrr�r Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 �r+until ICAO 8 :- ,:, , TECHNICAL INFORMATION RPS 20-7735 Whippoorwill Lane&Marbeila Lakes Drive Connection xem EXTRACT FROM BY-LAWS OF THE COMPANIES 1 1 /� "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President /'1 may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed, IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this I5th day of September ,2020 G t' r hps raR P ;9! S 3 Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 ,-; ,q,, �� ' 4 CAO 9 C TECHNICAL INFORMATION.' 1 A ..... RPS 20-7735 Whippoorwill Lane&Marbella Lakes Drive Connection CONSTRUCTION PLANS preliminary Roadway,Signalization,Lighting,and thisndM section, OTPla Plans lhippoorwili Information.TheseLaneM arabyoutin ellaLcalkuedse theDrive team's QCoEn+hAecBtElio'snDesign-Build project are provideddatrtehfile)the end of plans and MOT drainage layout,preliminary lighting andQE signal l+ABB's proposed Safety proposed roadway alignment(plan r Plan created in association with Bob's Boh sBparric(aGdeps.),The plans have been used to generate Project Schedule and Guaranteed Maximum Price(GMP). "There is always a solution. No is not an option - it's just a matter of figuring it out." Howard Murrell, Jr., President of Quality Enterprises USA, Inc. .., .... ,... .. t , •— 4 ', , 3 . *:t.,,,,,,:r. ....,,:, „Ails ' ''' 'Pt""' — t ., •—`„ ,;'',,,4.t.-::'i,,,i i',',":',E'r" :..tr':',1 .,;',,,!is:_ ,,,-!•,I. 41 error- , „.-• ,. 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Jack Hooper Project Manager Quality Enterprises USA, Inc. Mitch Tourino Project Superintendent Quality Enterprises USA, Inc. Howard J. Murrell, III Construction Technology Mgr Quality Enterprises USA, Inc. Margarita Negron Manager of Health& Safety Quality Enterprises USA, Inc. Isa Carreras Project Administrator Quality Enterprises USA, Inc. Ted Tryka Design Project Manager ABB Dominic J Amico Utility Cooridination Mgr ABB Kellie Fissinger Design Project Engineer ABB Wayne D. Agnoli Survey Manager ABB James A. Carr QA/OC ABB George Hackney Survey Topo QA/QC ABB Sean Hanes CEI Project Manager ABB Brent C. Guillot Landscape Architect ABB Norm Trebilcock Design Engineer Trebilcock Consulting Solutions Page 24 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 i1A Hampton Roads Bonding �� 1080 Laskin Road,Suite 204 Virginia Beach,VA 23451 +1 757 491 1100 HAMPTON ROADS BONDING Fax+1 757 491 3134 A Marsh&McLennan Agency LLC Company www.hrbonding.com February 19, 2021 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Re: Quality Enterprises USA, Inc. —Bond No. 9367034 Design-Build—Whippoorwill Lane Marbella Lakes Drive Connection Contract Number: 20-773 5 To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds once it is established by the county. Sincerely 1 ,1 Terri K. Strawhand 011400 MARSH&McLENNAN AGENCY 1 1 A FEXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 9367034 Contract No. 20-7735 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,5th Floor,Schaumburg,IL 60196 (Business Address)are held and firmly bound to Board of County Commissioners,Collier County,Florida as Obligee in the SLIM of Four Million,Seven Hundred Twenty Thousand,Four Hundred Fifty no/100,$ 4,720,450.00 ) 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 13411ay of ffl L. 20a1 , with Obligee for Design-Build-Whippoorwill Lane Marbella Lakes in accordance Drivc Connection with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 19th day of February 20 21 , the name of each party being affixed and these presents duly signed by its under-signed representative,pursuant to authority of its governing body. Page 25 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" • RPS N 20-7735 1 1 A Signed,sealed and delivered in the presen . PRINCIPAL Quality Enterprises USA,Inc. Margarit egron BY: Witnesses as to Principal Anna Rice NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 19th day of February 2021, by Louis J. Gaudio , as Vice President of Quality Enterprises USA, Inc. ,a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A- Knownas identification and did(did not)take an oath. My Commission Expires: 2/11/22 (Signature of Notary) ot�nrP�a` MARCIE L.COHEN tat ._ MY COMMISSION#GG 152066 • NAME: Marcie L. Cohen EXPIRES:February 11,2022 (Legibly Printed) ePF F`OP Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) Notary Public,State of Florida Commission No,: .GG 152066 ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way,5th Floor Schaumburg,IL 60196 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Page 26 o f 6d "Whippoorwill Lane Marbetla Lakes Drive Connection" RPS H 20-7735 1 1 A :M/u4 OR As Attorney u3 Fact (Attach Power of Attorney) Daniel J.Grygo Tammy A.Ward,Attorney-in-Fact Witnesses (Printed Name) 1080 Laskin Road,Ste.204 Virginia Beach,VA 23451 (Business Address) 757-491-1100 (Telephone Number) STATE OF Virginia * 6,6is(k ' OF City of Virginia Beach The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization,this 19th day of February 2021 by Tammy A.Ward as of Fidelity and Deposit Company of MarylandSurety, on behalf of Surety. He/She is personally known to me kfcbex x ainardxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx iticctiOnaini od who 41l4)(did not)take an oath. � � �� My Commission Expires: ,ill1(.U,ti�'��.i/A,c, (Signature) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia TERRI K STRAWHAND Commission No.: 247448 Notary Public Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2022 Page 27 o164 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS 4 20-7735 EXHIBIT B-2: PUBLIC PERFORMANCE BOND 1 . A Bond No. 9367034 Contract No. 20-7735 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,5th Floor,Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of Commissioners,Collier County,Florida , as Obligee in the sum of Four Million,Seven Hundred Twenty Thousand,Four Hundred Fifty no/100 ($ 4,720,450.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives,successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13*(% day of a� L 21 , with Obligee for Design-Build-Whippoorwill Lane Marbella Lakes Drive Connection in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract, THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received, hereby stipulates and agrees that no changes,extensions of time,alterations or additions to the terms of the Contract or.other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 19th day of February , 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. Page 28 orG4 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS N 20-7735 114 Signed,sealed and delivered in the presenc.. .r____., PRINCIPAL Quality Enterprises USA,Inc. A ant egron • BY: Witnesses as to Principal Anna Rice NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization,thisi9th day of February , 20 21 , by Louis J. Gaudio , as Vice President of Quality Enterprises USA. Inc. ,a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A - Known as identification and did (did not) take an oath. l iteta-ef. __..te,evkl. , !,.P PEA MARCIE L.COHEN (Signature) _.: MY COMMISSION#GG 152066 EXPIRES:February 11,2022 Name: Marcie L. Cohen .:P, F°'' Bonded Thru Notary Public Underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GG 152066 Page 29 of64 "Whippoorwill Lane tvtarbella Lakes Drive Connection" RPS 11 20-7735 1 1 A ATTEST; SURETY: Fidelity and Deposit Company of Maryland (Printed Name) 1299 Zurich Way,5th Floor Schaumburg,IL 60196 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) /� OR As Attorney in Fac (Attach Power of Attorney) Daniel J.Grygo Tammy A.Ward Witnesses •(Printed Name) 1080 Laskin Road,Ste.204 Virginia Beach,VA 23451 (Business Address) 757-491-1100 (Telephone Number) STATE OF Virginia Beach XX4 XXDdSCOODF City of Virginia Beach The foregoing instrument was acknowledged before me by means ofX physical presence OR online notarization,this 19th day of February 20 21 , by Tammy A.Ward as Attorney-in-Fact of Fidelity and Deposit Company of Maryland a Illinois Surety, on behalf of Surety. He/She is personally known to me XXXXXXXXX70(X RZKVAPP S 4X i4Xi#P(nird (did not)take an oath. My Commission Expires: � Lru u telhaaltajld u September 30,2022 (Signature) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg.#247448 Page 30 of 64 My Commission Expires 9/30/2022 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS 11 20-7735 1 1 A Bond Number 9367034 Board of Couolr Obligee c-or„d,„issio�ers Collier COMM Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Tammy A.Ward , its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND M„w SEAL By: Robert D.Murray Atb "'"' Vice President A tto y usp� ,yr N o: ok By: Dawn E.Brown base*?_ Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,gypa11!/44_ J: �. f•7 ?2.:�baU�.v; Constance A.Dunn,Notary Public '6 h�i47 p"iisc My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President. may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 19th day of February ,2021 . }gyp eEiufr.` - fpM'WS I)7) 9 tb net $ ise:9 .: AtiM1 Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimszurichna.com 800-626-4577 EXHIBIT C 1 1 A RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared , , who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, "Contractor" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County,Florida,("OWNER")relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20 , for the period from to (2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which OWNER might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/final] Application for Payment No. . Quality Enterprises USA, Inc. "Contractor" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: _ (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Page 31 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A EXHIBIT D APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due;(4)and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager (Signature) DATE: (Type Name and Title) Page 32 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 11 iA 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 COMPLETEOCOMPLETE 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 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CA 1 1 A Exhibit D (Continued) Stored Materials Record Formula: A+ B -C - D= E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 34 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 e 1 1 A EXHIBIT E-1 CHANGE ORDER Change Order Form Contract*: Change#: Pu rchase Order*: Project*: Co ntracto ri Fi nn Name: Project Name: Project Manager Name Department: Original CorrtractiWork Order Amount Original BCC Approval Date;Agenda Item a Current BCC Approved Amount Last BCC Approval Date; Agenda Item# Current Contact.War Order Amount SAP Contract Expiration Date;Master) Dalbr Amount of this Change #DIV/0! Total Change from Original Amount Revised CotntfactVlor`ir Order Total 5 0.00 #DIVi0! Change from Cisrent BCC Approved Amount Cumulative Changes 0.00 #DIVr0! Changef TOM Current Amount Completion Date, Description of the Task{s)Change,and Rationale for the Change Notice to Proceer Original Last Approved Revised Date Date Completion DateDate ; .idestrs tinge; *of Days Added Select Tasks 0 Add newtask(si 0 Deletetask(sj 0 Changetaskfs} 0 Other;see aeoa Provide a response to the following:1.1detailed and specific as planationfrationale of the requested change(s)to the task(s)and 1 or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.1 describe the impact if this change is not processed. Attach additional irformatior from the Desgr Professo a•.ardor Contractor rf needed. Prepared by: Dale: (Project t.laraaer Name and Departmeri) Acceptance of this Change Order shall corst n ute a modification to corned!work order identified above ard w ill tie subject to all the same terms and conditions as contained ir the corn real work order indicated above,as%Ilya;if the same were slated in this acoeptaroe. Tlr adjustment,if any,to the Contrad shall caret owe a full and final settlernert of any and all claims of the Contactor!Vendor:Consultant,. Design Professional arising out of or related,tothecharge set forth herein.including claims for impact ard delay costs. Accepted by: Date: (Contractor!Vendor!Consultant:Design Professional and Name of Firm,if project applicable) Approved by: Date: (Design Professional and Name of Firm,if project applicable', Approved by: Date: {Procurement.Professional adsI ra _3-a?.-es Ta -_.3: .Na.ata_ Page 35 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 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 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 ID EXHIBIT F 11 A CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 37 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 11A 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 EXHIBIT G 1 1 FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name& Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page 39 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CM) EXHIBIT H 11 A GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 Contractor and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Contractor and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 1.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 1 of this Agreement hereof. 1.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 1.4 If Owner's Project Criteria contain design specifications: (a) Contractor shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways,railways,drainage facilities and utility services above,upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the Page 40 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAn 1 1 A prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents. Contractor will not be entitled to any adjustment to the Lump Sum Price or the Contract Time as a result of any site conditions encountered. It is the specific intention of the Parties that Contractor will propose and perform as part of its Design Services any necessary investigation and testing that Contractor deems necessary to assume such risk. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the executed Agreement, shall prepare and submit to Project Manager, for their review and approval, a Schedule of Values for the Project (herein "Schedule of Values"). The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various stages of the Work. The schedule of values shall include detail breakdown of the items per FDOT requirements. 3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval,a Risk Safety Management Plan,Quality Assurance/Quality Control Plan,a Critical Path Method Schedule showing critical path,interdependencies and slack or float,a Hurricane Plan and a schedule of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Page 41 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges,security interests and encumbrances,together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment,the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner. After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing,the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment,pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment,subsequent to the first pay application,shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Schedule of Values. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Page 42 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAU 1 1 A 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may,at its discretion,use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this Agreement. 4.13 Allowance Items and Allowance Values. 4.13.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit A-1 hereto. 4.13.2 Contractor and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Contractor and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Contractor that the Allowance Item in question can be performed for the Allowance Value. 4.13.3 No work shall be performed on any Allowance Item without Contractor first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Contractor is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Contractor, Contractor may be entitled to an adjustment of the Contract Time(s) and Contract amount. 4.13.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Contractor's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract amount, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 4.13.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs incurred by Contractor for the particular Allowance Item and the Allowance Value. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents.The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: Page 43 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. COMPLETION. 6.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. (6) All applicable environmental permit closeout certification(s). Page 44 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A 6.3 Upon Substantial Completion of the entire Work or, if applicable,any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.4 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR may have issued its recommendations. Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein,provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C,as well as,a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data,test results,schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within 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 Page 45 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance,repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 8.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence,technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the cost for evaluating each proposed substitute. 8.6 Notwithstanding anything in the Contract Documents to the contrary, Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. 9,2 NON-HAZARDOUS SAMPLES. At OWNER's written request,CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage,transport,and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. Page 46 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 f1A 10. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 10.1 Unless waived in writing by Owner,Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 10.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 10.1.2 Soil conditions which adversely affect the Work; 10.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 10.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 10.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 10.1.6 Description of Work being performed at the Project site; 10.1.7 Any unusual or special occurrences at the Project site; 10.1.8 Materials received at the Project site; 10.1.9 A list of all visitors to the Project 10.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 10.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings,specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Chang e Orders,Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents,together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Page 47 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 11.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 11.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy,if any,against Owner will be the right to seek an extension to the Contract Time; provided,however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11.4 Notwithstanding anything contained within Section 2.3 to the contrary, if Contractor encounters on the Project site any materials reasonably believed by Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Contractor immediately shall (i) stop Work in the area affected and (ii) report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Lump Sum Price and Contract Time as appropriate. If no hazardous material is found after the Work is stopped,no Change Order is required to resume the Work in the affected area. Notwithstanding the foregoing sentences in this, if the hazardous material encountered was generated or caused by Contractor or any of its employees, agents, subconsultants, subcontractors, or material suppliers, no adjustment to the Contract Time or Lump Sum Price shall be made and Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. Contractor will coordinate and cooperate with any person or entity who is hired to perform any hazardous material mitigation services. 11.5 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 12. CHANGES IN THE WORK. 12.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner,and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. Page 48 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 12.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 12.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event,the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim or else be deemed to have waived any claim on this matter it might otherwise have had. 12.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-consultants' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 12.5 Owner, or any duly authorized agents or representatives of the County, 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 Payment Application, Change Order or Work Directive Change. 12.6 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design,quality,performance and workmanship required by the Contract Documents. Contractor may make minor changes in the Work consistent with the intent of the Contract Documents,provided,however,that Design-Builder shall promptly inform Owner,in advance and in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 12.7 No action, conduct, omission or course of conduct by Owner shall act to waive, alter, or change the requirement that Amendments, Change Orders, and Work Directive Changes must be in writing and signed by Owner. Such written and signed Amendments, Change Orders and Work Directive Changes are the sole and exclusive way to change either the amount of compensation to be paid to Contractor or the time within which Contractor is to perform its obligations hereunder. No changes will be allowed based upon actual, constructive, or oral notice or lack of prejudice to Owner. Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 13. OTHER WORK. 13.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents,written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. Page 49 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A 13.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances,rules,regulations and requirements applicable to the Project,including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances,rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. 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 Page 50 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto,as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools,appliances,construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks,pipes,utilities, footings,structures, trees and shrubbery,not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. PERMITS, LICENSES AND TAXES. 16.1 Pursuant to Section 218.80,F.S., Owner will pay for all Collier County permits and fees,including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 16,3 Contractor shall pay all sales, consumer,use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 17. WARRANTY. 17.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials,equipment or fixtures to be incorporated Page 51 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators,suppliers or processors except as otherwise provided for in the Contract Documents. If,within one (1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18,5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections,tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Page 52 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A 18.7 Owner shall have the right, but not the obligation, to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 19. DEFECTIVE WORK. 19.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 19.2 If the Project Manager considers it necessary or advisable that covered Work be observed or inspected or tested by others and such Work is not otherwise required to be inspected or tested,Contractor,at Project Manager's request,shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to,fees and charges of engineers,architects,attorneys and other professionals),and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,however,such Work is not found to be defective,Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time,directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 19.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 19.4 Should the Owner determine,at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct,indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 19.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an Page 53 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAU 1 1 A appropriate decrease to the Contract Amount. Such direct, indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 20. SUPERVISION AND SUPERINTENDENTS. 20.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 20.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Article 7 of the Agreement, for services not rendered. 21. PROTECTION OF WORK. 21.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final completion is achieved. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same,and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 21.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 21.3 Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Project Manager. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. EMERGENCIES. 22.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have Page 54 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 AO 1 1 A been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 23. USE OF PREMISES. 23.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 23.2 Contractor acknowledges that Work may be performed at a particular Project site where Owner simultaneously is conducting and continuing its operations upon the same site. In such event, Contractor shall coordinate its Work and cooperate so as to cause no unreasonable interference with or disruption to Owner's operations. 24. SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 24.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby: 24.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. Page 55 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 24.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 24.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 24.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further,all Employees shall comply with the dress,conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations,and shall comply with all security requirements at Owner's facilities,as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. Page 56 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 27. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales, consumer,use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. Page 57 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAO 1 1 A 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts,based on the current Schedule of Values,and shall supply a copy of that breakdown and composition to Owner for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 29.2 A Subcontractor is any person or entity who is performing, furnishing,supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders,Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess all licenses required by state or local law and be "qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner, Contractor also shall identify any other Subcontractors,including their addresses,licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 29.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all Page 58 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CA° 1 1 A levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 29.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 29.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or attributable to Owner and including claims based on breach of contract or negligence, shall be an extension of its contract time. 29.6.2 In the event of a change in the work,the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 29.6.3 The subcontract or purchase order, as applicable,shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 29.6 into their sub-subcontracts and purchase orders. 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 30.1.1 Subcontracts and Purchase Orders 30.1.2 Subcontractor Licenses 30.1.3 Shop Drawing Submittal/Approval Logs 30.1.4 Equipment Purchase/Delivery Logs 30.1.5 Contract Drawings and Specifications with Addenda 30.1.6 Warranties and Guarantees 30.1.7 Cost Accounting Records 30.1.8 Labor Costs 30.1.9 Material Costs 30.1.10 Equipment Costs 30.1.11 Cost Proposal Request 30.1.12 Payment Request Records 30,1.13 Meeting Minutes 30.1.14 Cost-Estimates 30.1.15 Bulletin Quotations 30.1.16 Lab Test Reports 30.1.17 Insurance Certificates and Bonds 30.1.18 Contract Changes 30.1.19 Permits 30.1.20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks Page 59 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CAU 1 1 A 30.1.23 "As-Built" Marked Prints 30.1.24 Operating & Maintenance Instruction 30.1.25 Daily Progress Reports 30.1.26 Monthly Progress Reports 30.1.27 Correspondence Files 30.1.28 Transmittal Records 30.1.29 Inspection Reports 30.1.30 Punch Lists 30.1.31 PMIS Schedule and Updates 30.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner or their designees for reference, review or copying. 30.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to,the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 31. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal,state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 32. HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS. 32.1 Hazardous Conditions. Page 60 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 CIO 1 1 A 32.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 32.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 32.1.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or site. 32.1.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract,to an adjustment in its Contract amount and/or Contract Time(s) to the extent CONTRACTOR's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 32.1.5 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. 32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 32.2 Differing Site Conditions. 32.2.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance,or both,for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services,and that no change in the terms of the Agreement is justified,OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition Page 61 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A to such determination by OWNER must be made within ten (10) calendar days after CONTRACTOR's receipt of OWNER's written determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 33. ABOVEGROUND/UNDERGROUND TANKS. 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations:specifically, 110 & 30/30A; FDEP chapter 62 regulations:specifically,761,762,777,and 780; 376&403 Florida Statutes;and STI,UL,PEI,ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 33.2 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 34. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. Page 62 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Quality Enterprises USA,Inc.,hereby certifies that wages,rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning "Whippoorwill Lane Marbella Lakes Drive Connection", are accurate, complete and current as of the time of contracting. Quality Enterprises USA,Inc. Louis J. Gaudio TITLE: Vice President Page 63 or 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS Il 20-7735 hA THIS PAGE INTENTIONLLY LEFT BLANK Page 64 of 64 "Whippoorwill Lane Marbella Lakes Drive Connection" RPS#20-7735 1 1 A r ® DATE(MMIDD/YYYY) AC L CERTIFICATE OF LIABILITY INSURANCE 7/1/2020 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 NAAMEACT Marsh&McLennan Agency LLC A Marsh&McLennan Agency LLC PHONE FAX 222 Central Park Avenue, Suite 1340 (Arc.No.Extl:757-456-0577 (A/c,No): Virginia Beach VA 23462 ADDRESS: certificates@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:XL Specialty Insurance Company 37885 Quality Enterprises USA, Inc. & INSURER C:Phoenix Insurance Company 25623 Quality Environment Company, Inc. 3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURER E:Evanston Insurance Company 35378 INSURER F: COVERAGES CERTIFICATE NUMBER:780864789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADDL SUER POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS C COMMERCIAL GENERAL LIABILITY Y CO7N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE I X 1 OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE2-i LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: C AUTOMOBILE LIABILITY 8107N67219020 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) X Comp various X Coll various PIP $10,000 aggregate D X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2020 7/1/2021 EACH OCCURRENCE $15,000,000 ~- EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 k.; DED X RETENTION$to non _ $ il. A WORKERS COMPENSATION WC01793105 7/1/2020 7/1/2021 X STATUTE EERH IncIUSL&H AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE N NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Protection&Indemnity UM00077083MA20A 7/1/2020 7/1/2021 $1,000,000 each claim $1,000,000 Aggre B PM Excess UM00077085MA20A 7/1/2020 7/1/2021 $1,000,000 Excess E Pollution/Pro(.Liability MMAENV001943 7/1/2020 7/1/2022 52MM each claim $4MM aggre. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:For Any and All County projects Board of County Commissioners in Collier County are included as additional insureds under the General Liability policy as respects to work performed by the insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners in Collier County 3925 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 341123 (�� ,, -i1�,..� M. CI„ , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD e Recommendation to award Agreement No. 20-7735, Design-Build Whippoorwill Lane Marbella Lakes Drive Connection, in the guaranteed maximum price of $4,720,450 to Quality Enterprises USA, Inc. (Project Number 60219).Jay Ahmad, P.E.Transportation Engineering, DirectorBoard of County Commissioners Meeting – April 13, 2021 Whippoorwill Lane Marbella Lakes Drive ConnectionLivingston Road Whippoorwill Lane Marbella Lakes DriveN2BCC Meeting –April 13, 2021 Whippoorwill Lane Marbella Lakes Drive ConnectionConnect Whippoorwill Lane with Marbella Lakes Drive4 Roundabouts (Andalucía, Stratford, 90‐Degree Turn & Marbella Lakes)New Signal (Intersection of Livingston Rd and Marbella Lakes Dr.Lighting (All Roundabouts)Narrower Travel Lanes (10’‐11’)SFWMD Permit (Part of the Design‐Build Contract)3BCC Meeting –April 13, 2021 Whippoorwill Lane Marbella Lakes Drive Connection4BCC Meeting –April 13, 2021 Whippoorwill Lane Marbella Lakes Drive Connection5BCC Meeting –April 13, 2021 Whippoorwill Lane Marbella Lakes Drive ConnectionSchedule•Design‐Build Contract Award: 04/13/2021•Design‐Build NTP: 05/2021•Duration: 18 months6BCC Meeting –April 13, 2021 RECOMMENDATION: To approve Agreement No. 20-7735, Design-Build Whippoorwill Lane Marbella Lakes Drive Connection (County Project Number 60219), in the guaranteed maximum price of $4,720,450, to the Design-Build Contractor Quality Enterprises USA, Inc., and authorize the Chair to sign the attached agreement and approve the necessary budget amendments.BCC Meeting –April 13, 2021 Whippoorwill Lane Marbella Lakes Drive Connection8BCC Meeting –April 13, 2021N Whippoorwill Lane Marbella Lakes Drive Connection9BCC Meeting –April 13, 2021N Whippoorwill Lane Marbella Lakes Drive Connection10BCC Meeting –April 13, 2021N