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Backup Documents 06/08/2021 Item #11I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIVED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU'�� n 8 2021 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the C s u A torney 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. Risk Management **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 6h/2/ 2. County Attorney Office County Attorney Office 44x( 4. BCC Office Board of County 61)1i Commissioners kr 4. Minutes and Records Clerk of Court's Office tibiaoxql x 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,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was June 8t 2021 Agenda Item Number 11.I Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7760 QUALITY number if document is QUALITY ENTERP ES to be recorded ENTERPRISES USA, INC USA, 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 06/08/2021 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County s option for Attorney's Office has reviewed the changes,if applicable. .I L 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the w ' i Optipiror Chairman's signature. this line. Management I 1 a� MEMORANDUM Date: June 15, 2021 To: Jessica Suarez, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7760 "Design-Build Agreement" for Pump Station Emergency Power Resiliency Contractor: Quality Enterprises USA, Inc. Attached for your records is an original of the referenced document above, (Item #11I) adopted by the Board of County Commissioners on Tuesday, June 8, 2021. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 11J DESIGN-BUILD AGREEMENT between Board of County Commissioners for Collier County Florida and QUALITY ENTERPRISES USA, INC. dated Q V day of &mq_, 2021 #20-7760 "PUMP STATION EMERGENCY POWER RESILIENCY" Cti�� Ill TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2 ARTICLE 3 OWNER'S RESPONSIBILITIES 4 ARTICLE 4 CONTRACT AMOUNT 5 ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5 ARTICLE 6 INSURANCE REQUIREMENTS 6 ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 8 ARTICLE 8 INDEMNIFICATION 10 ARTICLE 9 CONSEQUENTIAL DAMAGES 10 ARTICLE 10 LAWS AND REGULATIONS 10 ARTICLE 11 INDEPENDENT CONTRACTOR 11 ARTICLE 12 DISPUTE RESOLUTION 11 ARTICLE 13 ASSIGNMENT 12 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 12 ARTICLE 15 FORCE MAJEURE 13 ARTICLE 16 CHANGE IN LAW 13 ARTICLE 17 TERMINATION FOR DEFAULT 14 ARTICLE 18 TERMINATION FOR CONVENIENCE 15 ARTICLE 19 DOCUMENTS 16 ARTICLE 20 CONFIDENTIALITY 16 ARTICLE 21 SEVERABILITY 17 ARTICLE 22 PUBLIC ENTITY CRIMES 17 ARTICLE 23 EXHIBITS INCORPORATED 18 ARTICLE 24 NOTICES 18 ARTICLE 25 CAPTIONS AND HEADINGS 19 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 19 ARTICLE 27 ENTIRE AGREEMENT 19 ARTICLE 28 SUBJECT TO APPROPRIATION 19 ARTICLE 29 ORDER OF PRECEDENCE 19 CE.v 111 DESIGN-BUILD AGREEMENT This Agreement is made this r day of LIA4Z_, , 2021 between Quality Enterprises USA, Inc., authorized to do business in the State of Florida (hereinafter called "Contractor") whose business address 3494 Shearwater St., Naples, Florida 34117 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "OWNER"), (collectively referred to as the"Parties"). WITNESSETH: WHEREAS, the Owner solicited for the provision of design and construction services related to the project as described in Request for Professional Services(RPS)#20-7760,"Pump Station Emergency Power Resiliency," located at various pump station locations in Collier County 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#20-7760,"Pump Station Emergency Power Resiliency,"in accordance with this Agreement; and WHEREAS,the Contractor and its sub-consultants and subcontractors are licensed in the State of Florida to provide all engineering and general contracting services required to develop,design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the"Contract"): 1.1.1 This Agreement,the Exhibits described in Article 23 hereof,the Legal Advertisement,the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. Page 1 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" (CA0 L 1 ,' 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 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 0 $ 1 ' 2.3 Construction Services 2.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide by itself or through duly licensed and qualified subcontractors the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described herein. 2.3.2 CONTRACTOR shall be solely responsible for the means,methods,techniques,sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 2.3.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs other work on the Project or at the site with separate CONTRACTOR's under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTOR's so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently,safely and without interfering with the use of adjacent land areas, including compliance with the Land Development Code, Article VI, Litter, Weed and Exotics Control. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction waste, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 2.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site and regardless whether purchased directly by the CONTRACTOR or OWNER; and c. Other property at the site or adjacent thereto, including trees,shrubs, lawns,walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. Page 3 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" Ill 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 obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. Page 4 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO ill 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 Three Million Six Hundred Fifty-Five Thousand Dollars ($3,655,000.00) for the entire Project, including alternate bid items, Owner's allowance and allowance items #1-4 outlined in Exhibit A-1. 4.1.2 Owner's Contingency and Allowance. The Contract Amount includes Owner's Contingency, which is controlled by the Owner and available to defray expenses attributable to unforeseen circumstance relating to the construction and for added scope by the Owner. The allowance items identified in Exhibit A-1 may be used per the general terms and conditions. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which is to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Moreover,the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York,New York 10038. Should the contract amount be less than $500,000,the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the CONTRACTOR shall,within fourteen(14)calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 5.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder. Page 5 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" tLgt� 1Ii ARTICLE 6 INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,$2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR,Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current,valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty(30)days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR's, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTOR's, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Page 6 of 63 RPS#20-7760 "Pump Station Emergency Power Resiliency" ill 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B — Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address(if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty(30)days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 6.10 Should at any time the CONTRACTOR not maintain the insurance coverages required herein,the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the 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. Page 7 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" S ill 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s)of Insurance not later than ten(10)calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s)shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to be completed in segments and each segment will have two phases (i.e. Design Phase and Construction Phase),the timely completion of the first phase is critical to the timely completion of the second phase and,therefore,completion of the entire Project. The"Commencement Date"shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 7.2 The Work shall be substantially completed within Three Hundred Eighty (380) 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 and Ten(410) 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 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. Page 8 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO iii 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.CONTRACTOR's sole remedy,if any,against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended,the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by"days",the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts,regardless of whether the Contract Time is stipulated in calendar days or working days,the OWNER will count default days as "calendar days. 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part, through another contractor or its own forces, the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 7.12 Notwithstanding anything herein to the contrary,the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER,the 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 Page 9 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAC Ill and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties, demands,judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract,tort(including negligence), statute or strict liability. ARTICLE 10 LAWS AND REGULATIONS 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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 Page 10 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO h1 I later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 1 19.0701(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(&,,colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. ARTICLE 11 INDEPENDENT CONTRACTOR 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. Page 11 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" iil 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48) hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior express written consent of OWNER,which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such OWNER's consent, shall be void. If CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require 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 Page 12 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" c�._� 1 it 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. 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 Page 13 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CA() ill of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) either fails to begin the Work under the Contract Documents within the time specified herein; or(2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Schedule of Values; or (3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable;or(4)discontinues prosecution of the Work;or(5)fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6) and (7)herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against CONTRACTOR's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR's right to proceed under the Agreement, in whole or in part, and may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, 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. Page 14 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" S 1 it 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. 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 Page 15 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" S 1 11 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. 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. Page 16 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" C ill 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. 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." Page 17 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAt,3 111 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 #20-7760, "Pump Station Emergency Power Resiliency," Step-One Design Criteria and Step-Two, including attachments, exhibits, and Addenda with attachments, are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. ARTICLE 24 NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid or via e-mail,to the following addresses: CONTRACTOR: OWNER: Quality Enterprises USA, Inc. Engineering& Project Management Division 3494 Shearwater St. 3339 Tamiami Trail East, Suite 303 Naples, FL 34117 Naples, Florida 34112-5361 Attn: Louis J. Gaudio, Vice President Attn: Daniel Roman Telephone: (239) 435-7200 Telephone: (239)252-6417 Email: LgaudioC cieusa.com Email: Daniel.Roman@colliercountyfl.gov For the purposes of this Agreement, notices shall be deemed to have been received upon three (3) days' time after posting of the written notice in the U.S. Mail or if by e-mail upon receipt. Page 18 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" iil ARTICLE 25 CAPTIONS AND HEADINGS 25.1 The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify,amplify, or add to the interpretation, construction or meaning of any provision of,or scope of intent of, this Agreement nor in any way affect this Agreement. ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 26.1 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Exhibit I certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate,incomplete,or non-current wage rates and other factual unit costs. All such adjustments shall be made within one(1)year following the end of this Agreement. ARTICLE 27 ENTIRE AGREEMENT 27.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third-party beneficiary is anticipated or intended by this Agreement. 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 Page 19 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO 1 it cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. (signature page to follow) Page 20 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" coP 1 11 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 F COUNTY COMMISSIONERS COLLIE C Y, FLORIDA Crystal K. Kinzet,Clerk of Court &Comptroller _ By: By: P NNY TAY ,Chair Dated: 13 • attest as to chairman's signature only. Contract Witnesses: QUALITY ENTERPRISES USA, INC. Contractor' First Witness-Signature By: r ' Signature—Authorized Agent Margarita Negron *Type/print witness name* Louis J. Gaudio, Vice President *Type/print title* Contractor's Second Witness—Signature Marcie Cohen *Type/print witness name* Ap ro ed as to F • at Legality: moo Sco t R. each, Deputy County rney Page 21 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 0,6 1 1 I EXHIBIT A-1 GMP GMP PRICE PROPOSAL Item# Item Description Unit Quantity Price Design-Build Base Bid including the following owner-directed allowances(Items#2-4): 1 DESIGN-BUILD PUMP STATION EMERGENCY LS 1 POWER RESILIENCY $3,255,000,00 *Owner Allowance— 2 T&M 1 $100,000 FPL Electrical Services *Owner Allowance— I 3 Fence, paint, electrical repairs, relocations T&M 1 $100,000 4 *Owner's allowance— T&M 1 $200,000 Unforeseen conditions and Owner's requirements TOTAL GMP PRICE INCLUDING ALLOWANCES: $3.555,000 00 *Owners Allowance•for Owners Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner.Inclusion of the Allowance as part of the Contract Price Is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance.Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.,, Page 22 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" i1 EXHIBIT A-2 CONTRACTOR'S PROPOSAL (following this page) Page 23 of 63 RPS#20-7760 "Pump Station Emergency Power Resiliency" ' :. . .a: .. .� � >: _. , QUALITY DATE ' ,,\OCTOBER 26, 2020 ENTERPRISES RPS Number 20-7760 I Step 2 Statement of Qualification DESIGN - BOIL .- ,,, 3 . , :rt'r »,..,....: ..�...,....-. . 'a ' "� t�i'., �'.. s v „ ;yg lry •3 b .. ii m Stati r3* , ,, lig "ate e, INN!!♦♦ , . Ernergenc 1 . .. ► • . ♦lets!;! ?r r. ' at g'. * �. ...MP POPP 1!!!i O;H♦ ..N♦sl!♦N!N!1•1;;;;tills....v........„... , , , .„:„,,, , ,„ �� p,yy . ,, i♦ll slt0l Ylllles;l/e!N!y 1 d x • • �..•*;;. �' !•!►!!♦ !#G Sv::::a[!lp!�p l!See1!9♦ t ® es' ienc e e. ►l!!;!!.' ;♦;;;;/1;/;;;Mle;/IRNHfa }� .nyelryn� rt l;;;♦;;!!!l0e;!lel;!♦rt;/s u'rf T ;11e14♦lNl;;;e9♦♦!H.@D. "" ;!!MlNO;ee lPl NlMe;!l s;R ,. r l♦ee4♦lsebe;;sC;s;e;9l;;e f �, „..�, 0 aq..:.».i,^^>n R�Q9+►1!tnnnrttt C.l9'a is 14 Collier County, Florida r a 1i ♦ 1 ` S p}tl A 0 Nh M I ' .a ♦ . r 10E__ _ ... v i r 4„,„ tlit • \ //' 0 "tk,"`, • , :e°'0,• libit, ' PIP ' �, QUALITY ENTERPRISES USA, INC. 13494 Shearwater St. Naples, FL 34117 P 239.435.7200 I F 239.435.7202 I E contact@geusa.com iiv \ 1.0. pt, TABLE OF CONTENTS 01: Transmittal Letter & Executive Summary . 02: Project Team Approach i I • DB Team - Why QE + GM + PE L. • Project Mangement • Management Team & Staffing • Key Personnel • Key Resources & Location , • Schedule & Critical Path Method 03: Technical Information • Design & Construction Standards • Permitting • Design-Build Team Safety Plan • Engineer's Observation Report • Required Forms lk I • Construction Plans t , . t , } . a' f I „ , .. .0 , t WO, w "•• \ #. vy 4.-44..'"44..4;-4 A"vi . . J' 44 ' '\ ''.'• 0 ilk'soli'i*4 v sit. + , QE recently installed a new Master P t Station in Marco Island, FL (pictured abo ,11.,4 . /, , The project included installation of a new wet 4 44 ''' A .; 7. , ::,,•,, , 1 4 -',.-t ‘..,:t .. .,,,isa.,i., - v,..,..,\,;lk well and valve vault, new pumps and panels. -.'t\114,44,1 all new piping,and a new Diesel Generator *illivArt*,4*.41,. ss71• --,,A, Vis qk 1 i I "We •buildQuality �� \ . infr r rpmvi ast uctu etod . ��„ • ‘„ �„ , rL., Quahtylivesforour .. ,...„ , , , :,,,,,, families, customers, an �• „ t community. .,„...., „ jAiL -',',"7v,,,,: .1:,y ,,. ir:,-. 4 i ,.., .41:,,,,i Amp I C- ,..ite°7.;,,:,,,,e*:` ,. ' Cl.,I ',,,, ,. -411.,..„- ... „...,,..,„„ , ,..„,.. ,_ S 4 yy� „. , i., , ,, s*,,‘,..rp c„,, , .--,.„,:o.. t 4, ' y, ,{ 4 t.. r• .. • * $ . 41. .C. 4,`R **ilk t e birlt .... — .... . . ,, . OW ' .. e ^P ow* 44 w ,. •AN e 01 \*10141111 !„6 • '1(1 TRANSMITTAL LETTER & EXECUTIVE SUMMARY p .„, 41,41 • _At-, *•• 000,1„ TRANSMITTAL LETTER&EXECUTIVE SUMMARY Ell GM RPS 20-7760 Pump Station Emergency Power Resiliency f •+w.: I 4 1111111Allftwo, , 4 CIProcurementFENTER Services Division N T E R PLR IISES TY Attn:Jim Flanagan,Procurement Strategist 3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112 26 OCTOBER 2020 4 DEAR MR. FLANAGAN &COMMITTEE TEAM MEMBERS, Quality Enterprises USA, Inc. (QE), in association with Q. GradyMinor&Associates, P.A. (GM)and Pelican Engineering Associates, Inc. (PE),are pleased to submit this Step 2 response to RPS No: 20-7760 for the -. 111, Design-Build of Pump Station Emergency Power Resiliency.The QE+GM+PE team have received,reviewed, • and understand the requirements of RPS No:20-7760-Step 2 and agree to be bound by these requirements, .4 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. la" 1 QE+GM + PE is an integrated team of experienced professionals who have a thorough understanding of 44441 • Collier County's design and construction preferences,quality control practices,and community involvement. .FP` QE+GM have collaborated on 39+projects in the local area and maintain a strong working relationship with ' _ PE. QE has successfully completed over 30 lift station rehabilitation projects for various local government a agencies and self-performed over 90%of each respective project.These projects involved the permitting, construction,and installation of automatic emergency back-up power systesms at critical wastewater pump stations utilizing either Diesel Generators or Bypass Pumps. Additionally, it should also be noted that QE installed one of the first Bypass Pumps used by Collier County on a pump station. I In preparation for this Step 2 response,the QE+GM+PE team performed on-site visits to each Pump Station, ' created an advantageous Construction Schedule,worked with QE's Safety Consultant to prepare a Project ruSafety Plan,and determined several areas in which the team can add value to the project for Collier County. __-...........4444.tomprol More information on these efforts are provided throughout this Technical Proposal. QE+GM+PE acknowledge receipt of Addendum 1 dated September 11,2020,Addendum 2 dated October • t• el', 8,2020,Addendum 3 dated October 20,2020,and Addendum 4 dated October 22,2020,and have included e ,` 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+GM+PE Design- ; � Build team,I thank you for the opportunity to propose on this project. to, 't Sincerely, Ile 1111 r x /'r *` Louis J.Gaudio '�, '� ? Vice President r tom Quality Enterprises USA,Inc. , Igaudio@qeusa.com "" 4 qeusa.com 3494 Shearwater St, Naples, FL 34117 (239-435-7200) k ,„„, ..,.. CI . „, E , ..___. k,,,,:..4,,,, -' �� _ .,' _ . . , l TRANSMITTAL LETTER & EXECUTIVE SUMMARY RPS 20-7760 Pump Station Emergency Power Resiliency N`.. "S'.P."n: MPliXF1 :d..�;2+fi;'- w n.,.�m4�a4s\r . _:. . .,�.• �T QE + GM + PE I A PROVEN & ESTABLISHED DESIGN-BUILD TEAM GIME - The QE+GM + PE team is highly qualified for the Pump Station Emergency Power Resiliency Design-Build Project.QE+GM have collaborated on over 39+projects,maintain an outstanding working relationship with PE ® and with Collier County,and have a vested interest in the success of this Design-Build project. The TOGETHER,QE+ GM + PE WILL: ATA • Work closely with Collier County staff to identify QE+ GM + PE team is well established in Collier County and has over 100 years of combined local and meet all project goals. L•_1AN C E experience. • Provide industry-proven,technical,construction& management expertise. QE's utility and concrete crews are skilled with • Use local resources to meet the County's desired the complete rehabilitation of wastewater pump schedule. 7 stations,as well as with the installation of Diesel • Identify and mitigate risks to avoid delays and Generators and Bypass Pumps. Additionally, GM provide the most cost-effective solutions. recently completed a Pump Station Resiliency • Comply with all Design Package Criteria and million Study and Evaluation for 32 Collier County Priority County Standards for utilities,roadway,and ROW. Pump Stations, and PE has worked on over 17 REVENUE FROM COLLIER Generators and ATS installations for Collier County • Prioritize public concerns to avoid impacts and the City of Naples where the firm ran all energy on surrounding residents,areas,and the COUNTY IN 2019 environment. calculations,studied demand loads,selected size and equipment, designed and arranged for fuel • Be available to Collier County at all times. 7 0 delivery,coordinated with FPL,and supervised the delivery, installation and start-up. QE+GM +PE have a strong understanding of local environmental and regulatory conditions,will schedule work and subcontractors in harmony with Collier County's operations,and will work collaboratively to provide Collier County with the million most cost effective and successful design and construction services. QE+GM+PE have assembled a group of highly reputable,local companies with proven success to participate TOTAL REVENUE IN 2019 in this Design-Build project.Cella Molnar&Associates,Inc.will handle Public Information,Swanson's Electric, Inc.,Simmonds Electrical of Naples,Inc.and Data Flow Systems,Inc.will perform all Electrical,Instrumentation &Controls work,and Earth View,LLC will perform Subsurface Utility Engineering services.There have been no 1 997 changes made to the original Design-Build team.In order to meet the County's projected timeline,QE+GM+PE have included two electrical subcontractors on the team;this will allow for work to occur on multiple stations simultaneously,resulting in a more efficient and cost-effective project for Collier County. FIRST PROJECT IN FLORIDA QE is a versatile general contractor,self-performing over 90%of each project.This cost saving practice 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 has in-house capabilities to 2007 self perform:survey,site,concrete pad/pump/and ductile iron pipe and valve installation,HDPE pipe fusing and installation, and bypass pumping. QE can provide the materials, labor equipment, tools and services necessary to ensure that this project is successfully completed on time,within budget,and at high levels of STARTED CONTRACT quality. WITH COLLIER COUNTY SCHOOL BOARD & HELD I"'' PROJECT GOALS & OBJECTIVES EVERY YEAR SINCE The QE+GM+PE team understands the County's intent for improvements to Pump Station Emergency Power Resiliency, including design, permitting, construction and installation of 14 automatic emergency back-up power systems at critical wastewater pump stations.The auxiliary backup power system,consisting of either 2008 a Diesel Generator or Bypass Pump, is utilized during emergencies, usually during extended power outages, and the team has considered the location of the equipment in their design to be aethestically pleasing to the STARTED COLLIER COUNTY surrounding communities.QE+GM+PE's projected workload aligns with the proposed Design-Build schedule UTILITY EMERGENCY and the team commits to providing the required services,mobilizing resources in response to the established timeline,and to being readily available and accessible during all phases of the project. CONTRACT& HELD EVERY YEAR SINCE 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+ GM + 201 9 PE team is aware of the County's high standards and expectations for local work. QE+GM+PE have put a significant amount of planning into this project,and the team's understanding of local conditions will expedite STARTED COLLIER COUNTY movement through all phases. As the contractor,QE will oversee all aspects of field construction including ANNUAL AGREEMENT FOR installation of emergency backup power equipment,all testing,tie-in's,and restoration work.GM will provide survey, permitting,construction administration,and Construction Engineering Inspection (CEI) services, and . WASTEWATER PUMP STATION PE will oversee all electrical,instrumentation,and SCADA design.QE+GM+PE's Project Approach will revolve _. REPAIRS& RENOVATIONS around putting local residents,businesses,and stakeholders first,while providing sound engineered designs, clear &accurate communication,and exceptional service to Collier County at an economical cost. 2 ami TRANSMITTAL LETTER & EXECUTIVE SUMMARY RPS 20-7760 Pump Station Emergency Power Resiliency PROJECT OVERVIEW & BACKGROUND 1 1 1 In an effort to optimize and provide emergency resiliency to the Collier County Wastewater System,the Engineering&Project Management Division is requesting professional design and construction services for the Pump Station Emergency Power Resiliency Design-Build project.The project includes providing emergency backup power at 14 of Collier County's critical pump stations. The proposed site work at the 14 specified stations will include:a new concrete slab built in accordance with Collier County Water-Sewer District's Wastewater Standards,and the installation of a new Diesel Generator and Automatic Transfer Switch (ATS)or Diesel Bypass Pump with all associated suction and discharge piping. The pump stations identified in the Design Criteria Package are wastewater pump stations which may receive and re-pump inflows from other pump stations. These identified stations may also have low wet well retention period and no gravity storage. When the stations experience power outages, as witnessed following Hurricane Irma in September 2017,these stations can overflow leading to public health and environmental concerns. As a result the purpose of this project is to provide a backup auxiliary power source or an independent Diesel Pump to allow the station to remain online during emergency situations. 4- The stations are spread throughout Collier County and based on their location,either pump to the North or South County Reclamation Facility. Of the 14 stations included in this project,six stations are proposed to include an emergency Diesel Bypass Pump and eight are proposed to include a backup Diesel Generator. As required in the Design Criteria Package,each unit's fuel tank must be a double wall,UL compliant,integrated into the generator or diesel pump chassis,and either provide a minimum of 250 gallons diesel storage or 48 hours of continuous run-time with 50%load applied. In general,all stations to include a Diesel Generator will include a Cummins ATS and all permanent Diesel Generators will also be manufactured by Cummins. All Diesel Bypass Pumps will be manufactured by Thompson Pump. The project will include the design, permitting, construction and installation of the Diesel Generator or Diesel Bypass Pump. The QE+GM + PE team will verify the size and location within the Pump Station site of the proposed equipment. Permitting is anticipated through Collier County's Growth Management Department's ROW Permitting and Inspection Section,as well as the Development Review Division. Additionally, building permits will be required through Growth Management's Building Plan Review and Inspection Division. QE+GM+PE will also evaluate if permitting is required through the Florida Department of Transportation(FDOT),Florida Department of Environmental Protection(FDEP),or South Florida Water Management Department(SFWMD). As with many Collier County projects, impact to the surrounding area is a major consideration. Neighborhood and community aesthetics are important to Collier County and will be an important consideration during the design and construction of the 14 stations. Lush native landscaping and vinyl exterior wrap are just two concepts which can be used to accommodate local stakeholders. Following the issuance of the NTP,QE+GM+PE will immediately begin work on the placement of the emergency backup power source at each pump station. QE+GM+PE are familiar with the existing stations including existing infrastructure within or around each pump station site;as well as existing easements.QE +GM+PE will also begin preparation of all necessary permits for the required work,and as the first deliverable,provide the County a complete,accurate,and beneficial Basis of Design Report(BODR). Any required boundary and topographic surveys and any necessary sketches and legal descriptions for easements will also be included.All survey elevations will conform to the North American Vertical Datum(NAVD88)with the appropriate conversion to National Geodetic Vertical Datum(NGVD29). The drawings and specifications at the 60%and 100%complete stages will include an EOPC,broken down per station,and at each submittal the QE+GM+PE team will meet with County staff to obtain acceptance of the work completed to date. The final step and end result of this project includes the construction required to install,connect,test and place the new Diesel Bypass Pump or Diesel Generator into trouble free operation.QE+GM+PE have worked on multiple wastewater pump station projects which include the installation of this equipment,and are familiar with the manufacturers'recommendations for installation and the County's required and ultimate use. Following the completion of the construction,and integration of the new equipment into the County's SCADA system through DFS,Collier County will have the ability to monitor the new equipment. DESIGN & CONSTRUCTION PLANS OVERVIEW QE+GM+PE have thoroughly reviewed the Design Criteria package,as well as the provided report and drawings,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 sites and will create critical Phasing,Safety,and MOT Plans; this is beneficial to all parties involved,including local residents. CIVIL DESIGN PLAN QE+GM+PE propose the following Civil Design Plans for this Design-Build project: t PS 103.03l BACKGROUND Pump station 103.03 is located on Cypress Way E.within the Palm River neighborhood. The station is located along •the eastern roadwayROW and has a ductile iron D.I. above grade valve and piping discharge assembly. This station has been deemed critical by Collier County as it currently receives flows from a medical facility. v �» CIVIL DESIGN The Design-Build project criteria includes the installation of a standby Diesel Bypass Pump at this location. The installation of a pump assembly will require the construction of a concrete pad to anchor the new pump. >.�, PS 1 i Additionally,the work will include coring into the existing wet well for the suction piping and connecting to the „,�� above grade discharge assembly. The air release valves(ARV)for this station are directly on top the riser pipe exiting the wet well. In order to connect the new Diesel Pump,the existing D.I.90 degree bend would be removed and a tee with a two-inch tap for the new ARV installed. There are existing overhead electrical lines that will need to be accounted for during the placing of the new pump. 3 ` J �0A TRANSMITTAL LETTER& EXECUTIVE SUMMARY Q...,EN RPS 20-7760 Pump Station Emergency Power Resiliency 6. PS 107,50 I BACKGROUND 1 = 1 Pump station 107.50 is located near the Olde Cypress entrance on Treeline Boulevard.The station is screened with a landscape hedge and borders a golf cart path.The station is also in close proximity to the Olde Cypress Club house. This station vivo'" 1 4„ _ : has been deemed critical by Collier County as the station does not have any gravity storage I 1 �` within the system. " 7%� CIVIL DESIGN '► .' � € '�5+ r In order to install the Diesel Bypass Pump at this location,a portion of the existing landscaping • 13 tt w . will need to be removed.There appears to be ample room within the existing C.U.E. for the " " ' .,;a , � ..' y,"�. installation of the new Diesel Pump as well as the reinstallation of landscaping. The Diesel t Pump will need to be installed on a concrete pad for anchoring. The existing station has not ' -. -..,,,I., i been rehabbed recently and still has a below grade valve vault. The discharge connection from ' -' ••-ri .\,n..-,^" ),: ' a the Diesel Pump will need to be constructed after the valve vault and can be tied-in prior to the ,-, 1-- , 4 existing ARV. The new landscaping will be replaced per the LDC 4.06.05B landscaping and " ,,>a a `4 ` °` +aw screening requirement. A temporary construction easement(TCE) may be necessary for the �` , »,.„ ., installation of the pump and associated work. * '" ' , PS 108.04 I BACKGROUND �4 ,'''' , .;_ f s1 * r„ - Pump station 108.04 is located in the Fountainhead Subdivision of the Vineyards Community a,.,t 4 .; ' 444 on Fountain Run.The station has an existing below grade valve vault and landscape screening ` '., st. % ., from the view of the roadway and homes to the north. This station has been deemed critical by ' " **. t Collier County as it receives flows from a Collier County Public School. � Rr mr s CIVIL DESIGN .... 4'' . 'tom* "a`" °5 ' :€A . The Design-Build criteria specifies that this station is to have a Diesel Generator. Space is ^om limited at this site,as both the Fountain Run ROW to the north and Arbor Boulevard ROW to the •' - 7 , south are private to the Vineyards Community. All of the pump station components are currently _ located within a small C.U.E. The current location proposed for the generator is the northwest '; corner of the C.U.E.which will require the removal of some of the landscaping. The generator ***'--s ° x will need to installed on a concrete pad and conduits will need to be run to the existing pump „yv F ,;' e ' control panel(PCP)as well as connections to the existing incoming feed from FPL. Removal "'"t 'S 1 �t of the valve vault,installation of above grade valves and piping as well as the reorientation of the PCP would greatly benefit this site and the installation,operation,and maintenance of this station. A temporary construction easement(TCE)may be necessary for the installation of the generator and associated work. " �.- 0 PS 110.00 I BACKGROUND This station is located within the Wyndemere community in the facility maintenance ,`l ; area. The station has an adequate C.U.E and a below grade valve vault. This station - requires access from the Wyndemere Community through a motorized cantilever gate at fT -' the entrance to the maintenance area. This station has been deemed critical by Collier County as the station does not currently have any gravity storage within the system. i , CIVIL DESIGN - The Bypass Pump can be installed on a concrete diesel pad and is currently proposed on the south side of the C.U.E.to allow the connection to the existing wet well and below grade discharge piping. Installation of an ARV on the Diesel Pump discharge assembly or after the tie-in is also recommended.A temporary construction easement(TCE)may `k,-.: be necessary for the installation of the pump and associated work. PS 11, ., , ../ ,- ,„ 4,. -,y a PS 112.01I BACKGROUND y' Os 44-N.°� °% Pump station 112.01 is located at the rear of the Imperial Square Shopping Center along t' Icy. , sc+° Imperial Golf Club Boulevard.The station has a chain-link fence and includes an above grade piping and discharge assembly. There is a small access drive from Imperial Golf r Club Boulevard to the station. This station has been deemed critical by Collier County as it currently receives flows from an assisted living facility. \,.,,, 1f -t CIVIL DESIGN ti The work at this station includes the installation of a Diesel Generator. It appears to Alli"' te have sufficient room within the C.U.E for the installation of the generator and associated t �, work. The proposed automatic transfer switch(ATS)is currently shown to be installed on a secondary electrical rack as there is not enough room on the existing electrical rack :K '. '� for the equipment. �,� , w. .M_ : . Ct PS1.: MN TRANSMITTAL LETTER& EXECUTIVE SUMMARY alla RPS 20-7760 Pump Station Emergency Power Resilicy PS 123.00 I BACKGROUND4:. _� Pump station 123.00 is located on Barefoot Beach Boulevard across from the Barefoot Beach , �' Guard House.The station and some of its components are also in close proximity to the top of bank for a branch of the Little Hickory Bay. An important item to note, the station and ', . . its components are not currently located within a dedicated C.U.E. The station is located within a drainage and utility easement; however determination on the allowed uses within Y ; ; this easement from Collier County Real Property may be necessary. The station includes an , a odor control unit and an above grade valve and discharge assembly. There is also an existing propane tank and concrete pad directly to the north of the station and components. This .. C. station has been deemed critical by Collier County as the station is approximately 30 feet x from a body of water that flows directly to the Gulf of Mexico. € ' CIVIL DESIGN _.- PSteoH The Design-Build criteria specifies the installation of a Diesel Bypass Pump at this location.Space is very limited between the existing road to the west and Little Hickory Bay bank to the east. Currently the Diesel Pump is shown to the north of the station with the suction piping running along the edge of the roadway south to the wet well. The discharge piping is proposed to be buried below grade and connected to the discharge forcemain approximately 28 feet north of the pump station. This will allow the connection work to take place a safe distance from the propane tank. As an alternative,QE+GM+PE evaluated the use of a Diesel Generator at this location. A generator could be installed approximately 30 feet to the north of the station within a flat sodded area and landscape screening could be provided to shield the equipment from view of the roadway.The connection of the generator to the PCP and installation of the ATS would likely be much less intrusive. Additionally the operation and maintenance of the unit would be drastically safer as there is ample room to the north for Collier County Wastewater Collections vehicles to park safely out of the roadway. 4` -yr„ f PS 136.00 J BACKGROUND ?t { Pump station 136.00 is located within a chain-link fenced C.U.E. along Wiggins Pass Road. ''.' i`C!'. The station includes an existing odor control unit and below grade valve vault. The site has I ; iik �l1 a stone ground cover. This station has been deemed critical by Collier County as the station does not currently have any gravity storage within the system. �,ka —` 'Y .; — • CIVIL DESIGN Work at this site includes the installation of a standby Diesel Bypass Pump. The proposed 4 ? location for the pump and concrete pad is currently shown in the southwest corner of the ' --4,,f„ "' station. For ease of installation and minimal impact to the surrounding area,QE+GM+PE . are proposing the suction piping to be installed along the ground from the pump behind the PS 1 S ,„ existingodor control before turningthepipping below grade and coring into the wet well. The discharge piping will include the installation of an ARV before tying into the discharge forcemain below grade. C'; PS 143.00 I BACKGROUND Pump station 143.00 is one of the County's larger submersible pump stations and is the only triplex station included in this Design-Build project. The station is located on the east side of Yahl Street within a C.U.E. The station is also a dumping/receiving station for Collier County r Wastewater Collections. The wet well is located to the east of an existing drainage inlet and t -. x the station has a below grade valve vault. An important item to note; the stations PCP is located very low to the ground level which can make maintenance of the station difficult as : ift f well put the station's electrical components in harm's way during a flooding event. This station ... �r has been deemed critical by Collier County as it is a regional dump site,and handles a large 4' •- .. amount of flow daily. CIVIL DESIGN ` The work at this site includes the installation of a standby Diesel Generator which is shown in the northeast corner of the C.U.E. There does not appear to be any major issues associated PS 1431 with this work; however removal, reinstallation or more likely replacement of the electrical equipment is recommended. r �' •'E PS 167.08 I BACKGROUND This pump station is located within a dedicated C.U.E.on the south side of Bellaire Bay Drive. G , ' The C.U.E is fenced and has a stone ground cover. The station has below grade valve vault, ,k1 and has been deemed critical by Collier County as it currently receives flows from a hospital. , s jl1. , ��' CIVIL DESIGN � A Diesel Generator is proposed at this station. The existing C.U.E. includes ample room forions „. the installation of the equipment. . " PS 18 :� A 5 ~ f, aye TRANSMITTAL LETTER& EXECUTIVE SUMMARY RPS 20-7760 Pump Station Emergency Power Resiliency 41. PS 179.00 I BACKGROUND ` ,, Pump station 179.00 is located within the Summit Place development. The station is . e, i screened by an existing landscape hedge. The hedge is in close proximity to the electrical i,,Y 1 :• ;•, rack which makes operation and maintenance of the electrical components difficult. The ';w w station also has a below grade valve vault. This station has been deemed critical by Collier ` ", '":,12..r, r County as it currently receives flows from a Greater Naples Fire District Station. + K11 's' ,c CIVIL DESIGN : � � ` The existing landscape hedge would need to be removed around the entire station not only for op LL I j the installation of the proposed Diesel Generator and components,but also because access + »,.. ' to the existing electrical equipment is inhibited by the hedge. Following the installation of kYc; 31". . the new Diesel Generator,concrete pad,and ATS,a new landscape hedge will be installed in .,..�yi . , �,, accordance to the LDC 4.06.05B for landscaping and screening. . >�. • , • PS 300.20 I BACKGROUND •'"-tA, Pump station 300.20 is located within the McCarty Street ROW within the Naples Manor .,..: 7 neighborhood. The station and all of the components are within a chain-link fence. The ! southeast side of the fence is located approximately 2-feet from the EOP and the northwest side of the fence is along the platted ROW. There are water meters and backflow preventers f '"• ;;. directly north of the station on the outside of the fencing. This station has been deemed critical by Collier County as it currently receives flow from both a Greater Naples Fire District 4 & ,. ;{r and Collier County Sheriff station. * CIVIL DESIGN The Design-Build criteria specifies the installation of a Diesel Generator at this location. • Currently a generator is proposed to the east just outside the fencing of this station. �'' ` -" Concrete bollards would be necessary to protect the generator from traffic. Two alternate -.Ai, ,,_ �„•,-e options have been reviewed by the QE+GM+PE team. The first option includes the use of a portable Diesel Generator in the same area as the proposed permanent generator. The j 4, -,s ,..... ., ,, PS30 g . portable generator could be secured to the existing chain-link fence and removal bollards could be installed to move the generator if needed. The second option would include acquisition of easement north of the McCarty Street ROW. This would allow the installation of the permanent generator. The minimum easement would only need to be a portion of Lot 14 of Block 10 Naples Manor Unit No. 1 or if the meter and backflow assemblies were relocated the easement could span both Lot 14 and 15. 4, •. • $ PS 302.08 I BACKGROUND , Pump station 302.08 is located in the Riviera Colony Golf Estates along Marseille Drive � South. The Station is partially located within the Marseille Drive South ROW and pump -41111111111111111111114 « te ood oi a de drainagesta ion easement.components The including wet well th isd locatedrcontrol approximatelyanPCPare 2.75l feetcatedw fromthin the edge odicatedf I ' - , pavement and the site has no protection from traffic. CIVIL DESIGN The work at this site includes the installation of a standby Diesel Generator which is to 4 be located within the Marseille Drive South ROW east of the pump station. Concrete bollards are proposed for protection from vehicular traffic. ^' PS 302. �` . t • PS 304.011 BACKGROUND Pump station 304.01 is located along the eastern side of Bayshore Drive outside of the ROW within dedicated C.U.E.s. The pump station was recently constructed and has an - l 17 above grade valve and discharge assembly. This station has been deemed critical by 't ' % t , •• r Collier County as the station receives flow from a Greater Naples Fire District station. • ti, CIVIL DESIGN a.. The work at this site includes the installation of a standby Diesel Pump which is currently I.I 1 - il _ . 2\1 shown in the northeast corner of the C.U.E. The discharge piping can be connected { !"s �• 1" to the existing station by removing the HDPE 90 and installing a new HDPE Tee.The ,_,, I,� station's ARV is on the discharge riser pipe and can serve as the ARV for the Diesel 1' •!� � " Pump as well. i dill ' 6 I ' TRANSMITTAL LETTER& EXECUTIVE SUMMARY RPS 20-7760 Pump Station Emergency Power Resiliency PS 309.07 BACKGROUND ► COLLIER COUNTY'S INPUT 1 I 1 • This station is located within the Collier County Public School parcel for QE+GM+PE will work diligently with and for Collier County to provide the Lorenzo Walker Technical Institute. The station is located on the the most economical design and best construction services. The south side of the property and has a concrete valve vault. The station is team encourages input from the individuals that will own,operate,and also located in close proximity to a drainage retention basin to the east maintain the system after its completion and value feedback from staff of the station. This station has been deemed critical by Collier County as at all levels to ensure long-term project satisfaction. QE + GM + PE it currently receives flow from both the school as well as from a private strive to ensure that this Design-Build project has a long-lasting positive pump station which Collier County has no control over. The Station effect on the County's infrastructure system. also has no gravity storage. Currently a C.U.E and Access easement (A.E.) have not been located for this station and will be necessary for 10MINIMIZE IMPACT TO MAINTENANCE OF the proposed improvements. Additionally a T.C.E. may be required to OPERATIONS complete the work. CIVIL DESIGN QE + GM + PE will work closely with Collier County Utilities and the The Design-Build criteria specifies the installation of a Diesel Generator surrounding communities to limit disruptions to the traveling public, at this site which is proposed to the north of this station. The QE+GM+ pedestrians(walkers and bikers)and residents throughout the project. PE team does not anticipate any major issues associated with the work The QE+GM+PE team has developed a plan to ensure that existing at this location. In past projects,the Collier County Public School Board facilities will remain operational with minimal shut downs required to has required all work to be performed during the summer months when complete the work. school is not in session. This work may have the same requirements. MANAGEMENT OF CONSTRUCTION IMPACTS TO SURROUNDING COMMUNITIES QE+GM+PE understand the importance of coordinating with adjacent r r r 4 property owners throughout the life of the project and are committed to completing the project on time and with as little interruption as f i_E possible. All QE+GM+PE Key Personnel reside in Collier County and 1.4 have a vested interest in the success of this project. In association with Cella Molnar,QE+GM +PE will work to minimize • impacts at each individual project site.A full Public Outreach Plan has been developed,and is included in this Technical Proposal.Equipment PS 30 placement at each site will require the most amount of coordination between the local community and the QE + GM + PE team. The ELECTRICAL DESIGN PLAN placement of equipment will require use of a truck crane; therefore, MOT will be critical for local residents and motorist throughout the work QE+GM+PE are very familiar with the 14 Pump Stations included in this zone. In response, QE+GM+ PE will develop MOT and Construction project. A site visit was conducted to 13 of the 14 stations, as access Phasing Plans to minimize impacts and to provide the local traffic through the Wyndemere Maintenance Facility is required for PS 110.00. options around the work zone. During the site visits, QE + GM + PE identified deficiencies within the existing electrical systems and have prepared a comprehensive report NOISE & ODOR ABATEMENT with these observations and analysis. The team has included the report in Section 3 of this Technical Proposal. QE + GM + PE's GMP does not The QE+ GM +PE team does not anticipate noise or odor exceeding include the correction of these deficiencies; however the Design-Build acceptable limits for this project.All noise levels will be maintained at team believes that a majority can be corrected through the use of the or below the allowable Collier County ordinance limits. electrical allowance presented with this project. / For stations receiving a DIESEL BYPASS PUMP,the Electrical Design ► SITE SECURITY component includes:the installation of a 120 volt power source to power a trickle battery charge for the Diesel Bypass Pump's battery.Additionally, The QE+GM +PE team prioritizes site security. With QE's Corporate if the existing PCP has sufficient space,integration for monitoring of the Office & Equipment Yard in close proximity to all sites, mobilization, Diesel Pum p,i.e.run,error,fuel level may also be added. storage, and maintenance costs will be reduced. Site access during construction will be controlled and only authorized personnel will be / For stations receiving a DIESEL GENERATOR, the Electrical Design allowed onsite. Clearly visible signage for permitted access will be component includes: the installation and integration of the Diesel furnished and materials will be distributed throughout the project as Generator with the pump station's power system. This includes the needed. Work areas will be secured with orange safety fencing and installation of the Automatic Transfer Switch,which may need to be on a restored to existing conditions upon project completion. separate electrical rack due to space limitations,and if the existing PCP has sufficient space,integration for monitoring of the Diesel Generator, i.e.run,error,fuel level. 7 NM TRANSMITTAL LETTER & EXECUTIVE SUMMARY 111 RPS 20-7760 Pump Station Emergency Power Resiliency PUBLIC OUTREACH CONCEPTS CONSTRUCTION TRAFFIC CONTRO LtLA I Community awareness, outreach, involvement, and communication are Extensive thought has been put into a Traffic Control Plan that will imperative to the success of this Design-Build project and will be handled minimize impacts to the traveling public,local residents,and pedestrian in full by Cella Molnar & Associates, Inc. (CMA) as follows. Politically traffic during this Design-Build Project.In preparation for this project,QE sensitive issues will be immediately brought to the attention of Collier +GM + PE worked with Bob's Barricades to review MOT. The team will County staff. QE is currently working with CMA on three high profile provide traveling motorist and pedestrians high visibility signs within the Design-Build projects for Collier County, both of which have required project limits,and MOT signage will be placed in accordance with FDOT extensive public outreach to local businesses and communities. specifications while work is occuring at each project site. During the Pump Station Emergency Power Resiliency Project,community Traffic will be impacted at the individual project sites during equipment coordination with homeowners'associations (HOAs) and residents near installation,which is scheduled to take one day per site.The crane truck the wastewater pump stations and the general public will be prioritized. will leave the site once equipment is set to minimize traffic disruptions. Media releases and Notices in Collier County's Utility Bills will be a cost- Flaggers will be present in order to maintain a constant flow of traffic effective way to notify and educate a large population of Collier County around the worksite,and in the event of a required lane closure,QE will residents. A project website and phone number will be provided for coordinate and submit road alerts to Collier County's Growth Management residents inquiring more information about the project. division. Residents living near the wastewater pump stations will be invited to a DEMOLITION & RESTORATION public meeting(s) depending upon the proximity of the pump stations to their communities. Public meetings will be held in person with Demolition work on this project will be kept to a minimum. Vegetative social distancing measures in place or via a virtual public meeting that clearing will be isolated to the location of the Diesel Generator/ Bypass will consist of a presentation about the project and the locations of Pump's concrete pads and installation of piping and conduits. In an the improvements. The presentation will include the Project Goals & effort to remain environmentally conscious, QE will recycle materials Objectives and will address resident concerns such as phasing, noise removed from this project during demolition.Clearing and vegetation will and aesthetics. The presentation will be recorded live and posted on be chipped for mulch and compost. Areas requiring restoration will be the project website for 24-hour viewing by residents at their leisure. The prioritized immediately following work in that area. format will be determined based on Collier County's preference. Adjacent HOAs will be contacted initially to set up lines of communication with ► INNOVATIVE APPROACHES TO DESIGN & those communities. DELIVERY Program elements will include newsletter mailings, emails and small QE+GM+PE have identified several Innovative Approaches to Design& group or one-on-one meetings with adjacent property owners/HOAs, Delivery,which can add value for Collier County,within this Design-Build public information meetings,and a project hotline. The project website project.The QE+GM+PE team is invested and motivated to complete will include a Project Presentation, Project Design and Construction this project on time and at high levels of quality. Phasing Plan, and "Contact Us" pages. Informational project signs can be used at pump station locations to inform residents when the ft Due to the existing location of Pump Station 300.20 within the ROW emergency power improvements begin.Email distributions and telephone and limited available space to expand, the use of a Portable Diesel communications will keep property owners up to date about construction Generator outside of the station's fencing would allow Collier County activities.Finally,a Technical Memorandum will document all community the ability to provide emergency backup power without major site awareness efforts. improvements. is If the County was in favor of installing a Permanent Diesel Generator at Pump Station 300.20, there is a possibility to acquire additional easement to the northwest of the station. t The existing electrical rack, odor control unit, existing road lighting, propane storage tank, and proximity of Pump Station 123.00 to the Little Hickory Bay makes the installation of a Diesel Bypass Pump more difficult than normal stations. The use of Diesel Generator,which ',.. ne th so , wouldcanbe allowi thestalled to County th trot provideofe emergencypump tation powerinaflat tos thedded stationarea minimal excavation(only small Schedule 80 conduits are typical),and the use of landscaping to screen the generator from the roadway. Cam. At stations which include installation of a Diesel Generator,the ATS � ��`_ could be installed before the main disconnect.This would alleviate the need to rewire the meter and main disconnect as the ATS is typically Cella Molnar holdir; installed between the two. lnformatio 4 Installing the ATS after the main disconnect is an option that would allow the use of a non-service rated enclosure which typically reduces the cost of the equipment. �•i ``'mot 8 � , t . . ,,. . ! • M.., •i ,gyp`.,,,i (, 1, .. , „• •..... ..• K.4,,,'',.'.' or_ .,4-,,, • . •,.../.4;4 ' - ,.. -•/'-' ‘• • , _6-- ..„,„,‘,,.. . fa 11 t. t �70 2 pel ' rXi''• ".a� � to��•� •4 i�!f N.�' i�,',a` , , 4, ,.„,14. , ,,,,, ,,,,„,,‘‘‘ ...,,..,;k‘;‘#s-' ::s;','''.'4,ists::;.ra; f.ii,- ':. rkc ' ‘,F.-,2',:, 7,1, ,,..,..,..- , .. ..' twat' �a e t k�ltik •,. •J! / ty e •''',.,k4: ' Rt « q •kw / of v `} i ! `Q.SE S s- +.(,err ""r �,� „Al,- • 4 ^ c•. � Aci ` is PROJ ECT TEAIV1y « 2��V j • APPROACH ` 40 I. - e 917 t Y, y•e sm•n &,'„ 1''k lit,,,,'dfit:=4,':'- ' i!,:iiT4'• an i� qP�� a . a«r, L it1r� .411111 ..� ttio III"C �� ;-n +y' + t r," ,�� 1 ra ,. .+t't Jt ) t +•r,ly,{'�A}'y} '� ! � I �• t (+ jr+! �I r �.i�fll!(11�r ;:jljk�l1!'t'(r '1•�;• ". y r�,�'{�'`y11ri11 ';�� ` i I f i � '( 1#1;',1'�( ,+(j+r�� $.7 t'fi pit r rj t yr f I`,,.,`,,r v.,4, ', r!r # 9de1•'1,,.. ',t ,. 'P i I 1 f t t� rir 1 f "",14.u, ,k�. ,�'�tl ., I ;1 k 11! I 1 L'ill "a 1 r , �Yt, '";k•:•�, ,r��rrgPy''�iN, .t(r�. .. .. ..'','rk��1��4i,'Yti,•`t;4n..-.�,. (,, a ' i , k ' .A r,r t 1C, + • J`RF r' • yy f„ 1 i{ iS\ iic,,z•+ \y • ii rid "' '�i `r r t t 4 '`!� i r!t x $ s a � � ,+� Y ,N.:‘, } ''' tt ,?` 1 , } QE recently installed a new Master Pump:- ) '` " „, - ' jl Station in Marco Island FL (pictured abd'- "` }wa ; f1 � � a '..i�S.t�r r h � � A � t b =� � �' , t .t z 'w'' '*. x'" :: , {b� , ` • : J� 0 c N,s,4` , The project included installation of a new l '��lg�J : r y x d r r, `� r R �� J ,�"S"fib }� '� �.x •iZ aY� i + i! gr # M t ,�. f ,r, �„, �, �rr� , �.s � , �., ,�.�y, k t�z well and valve vault, new pumps and panefs, t �,��...P.-,......,rx,',:,-,,,, ``;1w'" ti ;,��lt�jr,i � � i "� �t�': x �r f_��,,r �`" �1< '�� '< all new piping,and a new Diesel Generator. I ..:4,,,,,ipt ;fit k xtu'i �' tX. 3' j .. .c}' 4vi�'. J+S` S�" } F Y zy!;'• t#t' .�.. 3 qk i k' v» t < w Ye a r< t +d " ' ;'`;:z� . 'C"�.,axi'r ' i ,.'t Y •i.ilzL,+,a•t �I '.D' ?i;'t •-,,o cw" z, � r�, p'[,yrly3}!..;y+t., `s' + :�d:.r. i�.'.: ;1$',.., ^fir L ,a�`k.�. . .TN. Q- - PROJECT TEAM APPROACH RPS 20-7760 Pump Station Emergency Power Resiliency PROJECT TEAM APPROACH 1 1 1 QE+ GM +PE is the local,trusted,and reputable choice for this Design-Build Additionally, PE has built an expert MEP Design Team with over 70 years project. Having completed hundreds of projects with similar components in of combined engineering experience in SWFL. PE works closely with FPL Southwest Florida, QE + GM + PE is confident in their ability to successfully and other area utility companies and is skilled at scheduling site visits and complete this project on time, within budget, and at high levels of quality. coordinating with project team leads. Currently, PE has worked on over Collier County can trust the QE+GM+PE to deliver a timely,cost-effective,and 17 Generators and ATS installations for Collier County and for the City of high-quality solution that exceeds standards based on the team's proven local Naples. These projects included running all energy calculations, studying performance. demand loads,selecting size and equipment,design,arranging fuel delivery, QE's past experience on Design-Build projects,as well as with the construction coordinating with FPL, installation, and start-up. Recent Collier County of lift stations and associated Diesel Generator/ Bypass Pumps, allows Generator Projects Include: Government Buildings, Courthouse, Jail, Health the team the ability to fast track construction as the design progresses. QE Facilities, Water Management, Fire, and Police stations. Additionally, PE has + GM + PE will immediately focus on survey, permitting, and design to allow eight Generator and ATS projects in the pipeline for the City of Sebring's construction to start as quickly as possible. During the design phase, QE will Application - Rebuild Florida Grant Program for their Water production work with equipment manufacturers to expedite the shop drawings and review facilities for the Airport,Fire Stations,Water Management facilities,and other process. Upon approval of shop drawings, equipment will be immediately local critical facilities.This reinforces PE's familiarity and ability to complete released for fabrication. The current schedule shows that all concrete pads the Pump Station Emergency Power Resiliency Design-Build project. will be installed prior to completion of equipment fabrication so that delivery to each site can start immediately. Should generators or pumps be completed WHY QE + GM + PE ahead of schedule, QE is prepared to add additional crews to complete site r Proven record of successfully completing Design-Build work and also has the option to receive equipment deliveries at their Corporate Office/Equipment Yard. projects on time and within budget. The QE+GM+PE team has the necessary experience COMPANY OVERVIEWS and knowledge to fast track Design-Build Projects.On a QE is a leading construction firm based in Southwest Florida that focuses on recent Design Build project for Collier County,QE+GM was major civil,building,and specialized construction in both the private and public successful in permitting a project involving Collier County sectors.QE has worked in Collier County since 2002 on a variety of infrastructure ROW,SFWMD ROW,and Dewatering within 30 days of the NTP, projects and has a dynamic knowledge and understanding of local construction and then mobilized and started work within 40 days of the NTP. and regulatory conditions.With the ability to self-perform the majority of each This is unprecedented for a Design Build project. project, QE maintains job site control and has never been assessed liquated < Knowledge of local seasonal traffic&wet season weather. damages for project delays.QE has held both the Collier County School Board E Self-performance of major items of work. Contract and Collier County Utility Emergency Contract since 2007 and 2008, respectively, and was ranked #1 for Collier County's Annual Agreement for Past Experience with Collier County Transportation,Collier Wastewater Pump Station Repairs&Renovations in 2019. County Public Schools&Collier County Utilities. Experience designing Stand-By Generators and ATS equipment GM provides expert Civil consulting services to a wide array of public and private designed for SCADA system for Collier County. clients throughout Southwest Florida.GM is fully licensed and insured and has SCADA experience with codes and programming. successfully completed projects of varying size and scope. GM has designed, constructed,or performed evaluation studies on over 50 local pump stations, Ability to complete hands on site visits and prepare several of which were Collier County community pump stations,that included Observation Reports and Evaluations(before,during,after the design and installation of emergency backup systems as required by the installation and start up.) Collier County Water-Sewer District's Technical Specifications.It should also be ` Will provide:Emergency instructions for testing,start-up noted that GM was contracted by Collier County to provide professional services and shut down,spread sheets of ATS settings for facility for the evaluation of 32 critical wastewater pump stations. GM performed managers,and PPE Kit with Emergency Contacts,Safety easement investigation,evaluated the feasibility of installing a generator/diesel markers,and High Voltage markers. pump at the site,reviewed if additional easements were required and feasible, < Experience coordinating with FPL and other utility companies and reviewed potential concerns with the installation of a generator/ pump to properly identify underground utilities. (proximity to residents,permitting,ROW,etc.). < The team has engineers available to assist with Circuit PE specializes in engineering,design,and permitting for mechanical,electrical, Analysis,Time currents,and connections. plumbing, and fire protection projects and has worked with Collier County for r Strong Permitting Experience with Collier County. over a decade.PE's lead Design Engineer,John Sokolik,worked with the Collier < Experience installing a variety of Kohler,Generac,Cummins County Building Development office for 5 years as the Electrical Plans Examiner, Onan ATS,Diesel Pumps,and Tanks. Code Specialist,Inspector and Public Relations Speaker for the Building Code Department. John designed and developed Data Flow sheets which became ` QE+GM+PE is a truly integrated team with a genuine, an intricate tool used in the permitting process.Over the years,PE and Collier collaborative philosophy.The team integrates the two prime County's Key Personnel have built a very strong relationship,and PE has a strong roles of Designer and Builder and supports collaboration and understanding of Collier County's preferred methods and permitting process. high performing team concepts. The Organizational Chart on the following page displays QE+GM+PE's Team Members for this Design-Build Project. lit 0 i I I ...T. - m n . 3 "A 0 0 g Z m a Dx Z o A � d > C < Co arl0 h D -- Zr � _ ,-, , L � mC n dap ."Cyd— m—N»—p9� �•� v� a to m° 5 D9, W , `° y� p a � mi111 iZ m .< D F C 'C cn 0 i- mm >F. y 0 r* m Z 0)to 0 >, m tD to p'-'i'l 8 s r m no C oo ° m ay Z N co m r C r--. n C _.0 n v N r-o IT1 m 2O m n "03 71 r m 1 Z OMI to x) m C; G.) m 2, .<,,, , . m:_a.— 1 g _i a <a--1 Cr d 1„' \a: c rn m - m Mc mo e it 3 oto 1 -Ti rt , tD 3 p 230 N o0 ig �p N D 'e i m m n V m o O . tD d Z�7 /� 2 T1 c 'i , c L. m y/ a o to F11J1I11 ZmOD =d a2g Z? °� N, mn >© D D Zc X12+ N ' m 1 -4 m mt: z XF -� o Z 3 - xl Do X IvH ; v R ° D"ti: n to XI IT O ', 0. D Z r 0 PROJECT TEAM APPROACH RPS 20-7760 Pump Station Emergency Power Resiliency PROJECT MANAGEMENT 1 1 I The Pump Station Emergency Power Resiliency Design-Build Project will require significant coordination between QE+GM+PE and Collier County. In response,the QE+GM+PE 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+GM+PE have the resources of large competitors but an attentive and responsive management structure characteristic of a small firm.QE's Corporate Office/Equipment Yard is located in the White Lake Industrial Park,only 1.5 miles from Interstate 75.This will strengthen project management,as key personnel can perform daily job site visits and will result in the prompt mobilization of equipment. QE will oversee emergency backup power equipment installation,GM will provide all design,permitting,and engineering efforts,and PE will manage all electrical, • -"' instrumental, and SCADA design. QE's multiple concrete and utility crews will self-perform the following items:survey,site,concrete pad and pump installation, ductile iron pipe and valves,HDPE pipe fusing/installation,and bypass pumping. 0',7-1-073 64� 01.41 ? . A step ahead,QE will utilize the industry leading construction ERP solution,Vista ..si .,. ..,� by Viewpoint,to help manage this Design-Build project. A multi-faceted cloud- , based construction suite, this state-of-the-art technology program provides a A' direct line of communication between the office and field,reducing the need for ,� superintendents and crews to leave the job site and visit the office.Additionally, as part of this process,a Procurement Register will be created to record all goods and services purchased by QE from suppliers. Technology plays an integral role in QE's operations, as many machines are ' x equipped with GPS, site positioning systems for machine grading, and 3D env. r• technology. The company has also invested in Trimble Sitework Technology which allows millimeter accuracy with fewer passes and no manual staking. All - mid to large excavators are equipped with CAT Pin Grabber Coupler System whichr increases machine performance,versatility,and jobsite safety.Collectively,these resources reduce project risk from the County's perspective. CONSTRUCTION RESOURCES N. , . \„ QE is prepared for the Pump Station Emergency Power Resiliency 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. With over 250 local employees and 350+pieces of modern heavy construction equipment, the QE+GM+PE 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 209 $3156 83 � 201__ 250 $30,189,273 426 PROJECT MEETINGS QE+GM+PE PROPOSE THE FOLLOWING MEETING APPROACH FOR THIS DESIGN-BUILD PROJECT: QE's Corporate Office/ Equipment Yard is located in the White Lakes • Kickoff meeting prior to project start to review project objectives and Industrial Park,only 1.5 miles from Interstate 75.GM's Corporate Office is located just north of the Collier County line,and PE's Corporate Office initiate coordination with County staff. • Design review meetings at 60%,90%,and 100%plans to field questions is less than 2.5 miles to Interstate 75. Meetings between QE+GM+PE and Collier County can be held at any of the three locations and easily and incorporate questions from County staff. followed by site visits if desired.This is a great benefit for Collier County. • Biweekly project progress meetings. • Additional meetings as necessary to coordinate with suppliers,regulatory agencies,etc. • Public meetings as necessary to inform residents,area businesses,etc. PROJECT TEAM APPROACH MIN aliiill RPS 20-7760 Pump Station Emergency Power Resiliency DESIGN-BUILD MANAGEMENT TEAM & STAFFING 1 I I This Design-Build project will require significant coordination between QE+GM+PE and Collier County.QE+GM+PE's strong and experienced leadership will manage the skilled construction workforce and will ensure that the project is completed on time,within budget,and at high levels of quality. More information on the team's key leadership is provided on the following page. The QE+GM+PE team is efficiently structured:Louis J.Gaudio serves as QE's Vice President and will oversee Matt A.Casey,the team's Construction Project Manager for the Pump Station Emergency Power Resiliency Design-Build Project. Additionally, Eric D. Blair will serve as the Construction Superintendent,Alex Dunko,P.E.will serve as the Design Project Manager,and John Sokolik will serve as the Electrical Project Manager.*There have been no changes made to the original QE+GM+PE Design-Build team. Louis Gaudio will oversee the project,and Matt Casey,QE+GM+PE's Construction Project Manager,will be available to Collier County at all times and will guide construction operations.Matt will be supported by a qualified administrative staff and will work closely with GM+PE,specifically Alex Dunko and John Sokolik,throughout this project.QE+GM+PE's management staff will remain hands on to identify opportunities,address challenges,and to mitigate risks.QE ensures that Eric Blair,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. I► KEY PERSONNEL COMMITMENT NAME FIRM ROLE COMMITMENT "PROJECT Preconstruction Construction Louis J.Gaudio QE Vice President 40% 30% Harlan Sawyer QE Estimator 40% 30% Matt Casey QE Construction Project Manager 75% 75% Eric Blair QE Construction Superintendent 30% 100% Margarita Negron QE Manager of Health&Safety 30% 60% 1 Isa Carreras QE I Project Administrator/EEO Compliance Officer 30% 60% Alex Dunko GM Design Project Manager 80% 50% j Julien Devisse GM Design Project Engineer 80% 50% 1 Donald Saintenoy GM Survey Project Manager 50% 50% 1 Rick Featherstone GM QA/QC • 30% 70% Justin Frederiksen GM Department Project Manager 50% 50% John Sokolik PE Electrical Design Project Manager 80% 50% Thomas Burkett PE PLC Software/I/O Design 80% 50% e 4 ' va a QE's management team is efficiently structured'arms : 1£ & • '' decision making. With a multi-generational leaders paving the way for the ttt , _ l-s u< ti, , : ' r3 [b�! j jiiiii a4 1 '. U. LITY �, 4 '1,.- ...', 3 - ;,www. eusa.corn " i i 3' NT PRISE 9 ", �,� >� fdh Quaff%a, ives 4 �;a i „ dY7 n , vJ . 1 ..- x d� j i. iA x • v w 7 \ +-,.,404'. k" -' a1.m PROJECT TEAM APPROACH RPS 20-7760 Pump Station Emergency Power Resiliency KEY' �. : = ; .,, �v , LOUIS J. GAUDIO QE I Vice President •30+years of Construction Industry Experience •Maintains a long-standing relationship with Collier •Experience managing projects ranging from$500K to County and is familiar with local conditions,regulations, $40 Million for the Army Corps of Engineers,Charlotte Personnel,etc. ' County,City of Naples,City of Marco Island,FDOT, •Oversees all QE Pump Station Rehabilitation Projects r ' /1\' Collier County,Naples Airport Authority,and the Town of •Louis will support Matt Casey on the Pump Station Fort Myers Beach to list a few Emergency Power Resiliency Design-Build Project ba& h�� . a MATT CASEY QE I Construction Project Manager ' • Holds advanced FDOT MOT Certification,FDEP •6+years of Construction Industry Experience Stormwater,Erosion&Sedimentation Control Inspector •Significant experience working with Collier County on Certification,Asbestos Contractor/Supervisor more than 35 Wastewater Treatment Plants,Lift Station Certification,and Confined Space Entry Certification sw Repairs,and Master Pump Station Projects • Matt will oversee all construction operations,utilize .i' , •Strong understanding of SWFL Construction and Viewpoint Software,and will work closely with Alex k Regulatory Conditions Dunko,PE,and John Sokolik on the Pump Station Power • A Resiliency Design-Build Build Project ,, , ERIC BLAIR QE I Construction Superintendent y 11°' ;' •24+years of Construction Industry Experience • Strong understanding of SWFL Construction and • Extensive background working with Collier County's Regulatory Conditions '' • Engineering and Project Management Division • Eric will oversee daily construction activities and f1 • Holds CDL Class A,MOT Certification,Asbestos field operations,while utilizing Viewpoint software to \ ? ,. Certifcation,Storm Water Collection Certification, generate electronic daily reports from the field,on the '� ";,` Trench Safety and Excavation Certification,and Pump Station Power Resiliency Design Build Project `* " 0 t. Confined Space Entry Certification ALEX DUNKO, P.E. GM I Design Project Manger •7+years of Experience with various Water, •Strong Design Background on Large&Small Diameter Wastewater,and Site Development projects Transmission Watermain Components 44. •Extensive experience with Collier County Public • Project Management,Public Relations,and Utilties'Engineering and Project Management Division Construction Administration Experience,including on the construction of multiple new Wastewater Pump Collier County Pump Station Resiliency Site Evaluations 4. Stations and Rehabilitations • Alex will serve as the Design Project Manager on the . ;, Pump Station Power Resiliency Design-Build Project JOHN SOKOLIK PE I Electrical Design Project Manager `, • 37+years of Industry Experience •Experienced with system Forensic Evaluation, •Manage PE's Corporate Direction,Project Construction Administration services,Design "`t Management,Scheduling,and Quality Control and Specification services utilizing the latest u proven products and details per manufacturers ` •Worked for 5 years as the Senior Electrical Designer recommendations and observing environments of use • for Collier County projects •Specializes in Emergency Power Systems,Back Up Generators and Life Safety Lighting Design,and Electrical Service Replacement @13 PROJECT TEAM APPROACH mi alio i RPS 20-7760 Pump Station Emergency Power Resiliency 1 1 I 10. KEY RESOURCES CATEGORY QTY. . CATEGORY QTY. Broom Tractors 5 Loaders 30 As one of the largest local heavy Crawler Cranes 2 Milling Machine 2 civil contractors,QE is prepared for the Pump Station Emergency Power Crushing&Screening Equipment 10 Articulated Truck 3 Resiliency Design-Build Project.With Dozers 3 Asphalt Pavers 3 over 250 employees,including utility Dump Trucks 8 Rollers 14 and concrete crews,the company Epi Rock Drum Cutter 3 Rubber Tire Excavator 1 has a large and skilled workforce . and is proud to celebrate 51 years of Excavators 45 Skid Steer 4 service.QE is knowledgeable of local Excavators with Hammers 3 Sheet Pile Vibratory Hammer 2 conditions,has the capacity to bond 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+ Horizontal Directional Drilling Rigs 3 VAC Truck,Tankers,Mud Reclaimer 9 piece heavy equipment fleet. Lowboys 6 QE Mechanics&Lube Trucks 6 LOCATION QE+GM +PE is the local choice for this Design-Build project. QE's Corporate Office/ Equipment Yard is located in the White Lakes Industrial Park, only 1.5 miles from Interstate 75. GM's Corporate Office is located just north of the Collier County line, and PE's Corporate Office is less than 2.5 miles to Interstate 75.Therefore,Key Personnel can be on location quickly should the need arise.Meetings between QE+GM+PE and Collier County ` ,„ >�. r'..,°' ,, ' s { staff can be held at any of the three office locations and easily followed ' ' + a A by site visits if requested.QE's close location to the interstate allows for fa .rzy�* prompt equipment mobilization, resulting in significant cost savings for �, ' • Collier County,and also improves coordination and communication. The 1,,, : i.,,' , tsar QE+ GM + PE team maintains strongrelationships with Collier County ''s . "�' " c,� fit. �1"",'` � ° and regulatory agencies, is familiar with vendor pricing and availability, ,� lf ■ �s �; ° . :ti. f,.. Pal c� t� w, -' �. „..+. and commits to staffing this project with local personnel.The map to the , rit _. right shows the distance between the various project sites and QE+GM+ 4 i) { q :: t,.ti 4s PE's office locations. 7.1 , ., t 3j a • • SCHEDULE & CPM - ; 44 ,,:ll '� Based on QE's Design Build experience with Collier County,it is known that ;u4' ‘ ,"�4) '� ''' sr �� the Board of County Commissioners will need to approve the project twice: {"tee ` , � .. : once to negotiate with the Design-Build Team and then a final approval of ii.,,:lsc,,,,,,,,4,,,,i,,,,.0,,f,.,,,,,vii,,,i, •4 -. ‘ a, ' . the contract.This process usually takes several months to complete,thus =, 3 :s �a ,� t QE+GM+PE's assumed Notice to Proceed (NTP) date of April 1, 2021 ' j'r "� �"` shown on the proposed CPM Schedule. ' `t i '"" � s r Upon NTP,QE+GM+PE will immediately start field survey work of all 14 '` j ,,'� ,< t ; .-, s�' �- ' i`s" ,. '+S , sites.This information will be used to develop the 60 i plans and to confirm �+�. r ,,: 4!;:.' that all work is occurring within Collier County ROW. QE+GM+PE have .. .41" �„ allocated(2)weeks for Countyreview at each interval of Desi n Drawin s. r'`!"'` f �s'� 9 g i� , ' - sr t. k Upon completion of drawings,the team will apply for all applicable permits far �� y and begin procurement of Generators and Bypass Pumps. Estimated time ` 1„ �- . � " •for procurement of equipment is (5) months, inclusive of shop drawing A,: , review and approval. �,•I, t + t w For field construction activities,QE+GM+PE have devised a schedule by ti t f.-W4+14"bs AMro which field work will commence immediately upon receipt of all permits. it ' .,,,* y QE's concrete and utility crews,along with the team's electrical crews,will �i .- move from site to site completing all underground conduit installation and construction of concrete pads. The last pad is anticipated to be completed by end of January 2022,with the arrival of the first generator to occur in early February 2022. Generators and Bypass pumps will be scheduled to arrive on consecutive days so that all equipment is set by mid March 2022. Wiring,piping,and SCADA work will commence at each site upon setting equipment. 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TECHNICAL INFORMATION GIL RPS 20-7760 Pump Station Emergency Power Resiliency ► DESIGN & CONSTRUCTION STANDARDS I 1 I The improvements associated with this Design-Build project will adhere to the following standards: • Collier County Water-Sewer District Utilities Standards Manual • Construction Standards Handbook for Work within the Public Right-Of-Way Collier County,Florida • Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way • Florida Department of Environmental Project&the Florida Administrative Code Requirements&Standards • Recommended Standards for Wastewater Facilities(10 State Standards) • Collier County Land Development Code ► DEVIATIONS FROM DESIGN CRITERIA PACKAGE QE+GM+PE's proposed design and construction for this project will adhere to the criteria in this document. At this point,it is anticipated that no design exceptions or variations will be needed for the Pump Station Emergency Power Resiliency Design-Build project. ► PERMITTING It is anticipated that this Design-Build project will include permitting efforts for the installation of the new auxiliary backup power systems. In Collier County, pump stations are typically located within a County Utility Easement (C.U.E.); however in some instances the pump station may be located within the Collier County ROW. Any work to take place within the Collier County ROW requires the completion and submission of a ROW Permit Application.The Right-of-Way Application GROWTH MANAGEMENT DEPARTMENT ROW PERMITTING 6 INSPECTION permit application requires the submittal of plans and the County's one page 2800 NORTH HORSESHOE DRIVE NAPLES,FLORIDA 34104 ROW Section Telephone Number 252-2400 Inspection Telephone Number:252-372a permit application form. All work must conform to the Construction Standards FILL IN ALL APPLICABLE INFORMATION RIGHTOF-WAY PERMIT PSPN SDPIARN BUILDING PERMIT N Handbook for Work Within the Public Right-Of-Way Collier County, Florida. For PROJECT NAME Chock Right-of-Way Typo any areas where lane or sidewalk closures are required to complete the pump RESIDENTIAL FEES APPLICATION CHECKLIST Construction(Base Permd Fs) $200 station work, for instance PS 300.20 on McCarty Street, proper MOT must be R.n.npR.vbipn,Vn.,pind P.mip $500 ❑Copy of house survey wlth ❑Jacks M-BorelOinctiorrl Bon 5500 A sketch for the request RIR utilized per the Florida Department of Transportation and should be designed per Spnnkler Heed Placement In the ROW $50 ❑Aptailsfoneq Op•ntul ous Events $20W ❑Details for lze etc ❑Miscellaneous Evenh 6200 (locakon,size,ncJ OMar the FDOT indices or by an individual with an FDOT Advanced MOT Certification. coMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT 1 HConatmalon(Bas•P•rmd F•e) $1000.IS2,000• $2000.44 COCA R•n•waVMadifcstion IUneepiree P•rmN) 500 $1,000 In accordance with Collier County's Land Development Code(LDC),work within �'•=ky a-en.IDtr.°°p.I Bpr. $1.000 $2,000 ❑9pdnkler Hsd Placement in Ile ROW $200 WO ❑TurrHenrPMeEi•n Construction $1,500 63,000 a platted parcel or CUE requires a permit submittal known as an Insubstantial ❑Gpeo-cul Gbnabuclipn N+.000 66A00 eWork in th.ROW wkhout Lan•Closures $50•15100• $100•t$200A Work m iM ROW wile L•w Cloauns See Exhibit.A. Change to the Site Development Plan(SDPI)of the associated water reclamation ❑PSC Regulated Franchise Ut8ty $100 e$50 par dayI• 1.Ue Inspection Fee(when mowed/ facility. Collier County currently has two permitted water reclamation facilities, °q';„;bl;;„ „,;)0,, .7") $200NormalFee(M.„momd152.doo.°°) CIAL therefore the SDPI is submitted to either the North or South Facility based on pOMME No.e subrnd2w"s of signed and sealed clan. Eat Number of Days in LY FEE WWf BE riorg" n1 TntalAmoent where the pump station in question ultimately pumps to. The SDPI typically d Mahe checks payable o Bond of County CommM•lonm Receipt Aroval to includes the paving,grading,drainage, water,sewer,and landscape improvements For the purposeby requested by(Owner Name) AVon(project street Addnsa) being performed. The fees associated with the SDPI permit are based on the Lot No. Block Una _Tract Portion ofTract N E S W engineer's opinion ofprobable cost for the proposed work. Thepermit fee is BWdNo. $.. Twp. R E. 9 P P P Foko No. ___ determined bya percentage of the EOPC and is for the review of theplans and the ORRProperty Ns"" Contract. Name P 9 Owner's Contact Name Aa•n Contact Name Ink. Inbrrn.'n Meiling Add. — associated inspections during construction.The pump station work is typically CAYIS1ta21p , City/Sl•b2y -- Telephone Telephone performed for the Collier County Public Utilities Department and therefore E.M.6 Contractor a License Number the fees for inspection and review for sewer and any water work proposed are a ; .. excluded from the permitting cost.An approved SDPI is required to be submitted ° pN wno° ,maPppe°wk r�o"„"•I ry """ "m"'"` "P'""'" "`'a"I "",k. by the Contractor when applying for their building permits. A"hphaed3i°°a°'° As this is a Design-Build project and includes the construction of the work,an electrical permit will be required for all stations.Other building permits may be necessary depending on the associated site improvements.No permitting through the Florida Department of Environmental Protection will be required. Environmental permitting through both the South Florida Water Management District and the U.S.Army Corp of Engineers may be required depending on the location of the pump stations. ae 1 I Iz • I •! f j• t• . .. , ... ' q �qq _ Vim" eF - 4 aV'tt .� t li # �►�""+ +s to a�,. Y. fw TECHNICAL INFORMATION sim RPS 20-7760 Pump Station Emergency Power Resiliency MEET QE'S SAFETY TEAM PUMP STATION EMERGENCY POWER RESILIENCY I i 1 I PROJECT SAFETY PLAN QE maintains a real-time safety program and continuously implements new cutting-edge safety measures. Employee involvement is key to company success, and QE 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 the diverse industry, and employees are trained to recognize safety concerns,issues and/or potential hazards.QE works diligently to reduce � ,- and eliminate exposure to employees,subcontractors,and the public. QE works with Safe Site Consulting, Inc. to oversee all company safety measures. Established p in 1999, Safe Site successfully provides safety consulting and training to various construction companies throughout Florida.QE recently updated the company's written Safety Manual and holds • ry 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. David Kelley " QE also provides proper, maintained, and specialized safety equipment to each working crew. Safe Site Consulting Personal Protective Equipment(PPE)is provided to each employee and safety policies are strictly enforced throughout the company. Weekly safety inspections are completed by Superintendents Mr.Kelley provides safety consulting and training to and Safe Site Consultants at various QE construction sites/maintenance facilities to ensure OSHA personnel at all job sites.He completes weekly site safety reviews to ensure that crews utilize proper safety compliance.Weekly safety meetings are also completed by each working crew. equipment and procedures and facilitates monthly classes on a variety of items,such as overhead power lines,manholes,and ladder safety. r II I �, f e act < o a` a ozi • `" SAFETY IS INGRAINED IN OUR CULTURE. Margarita Negron QE I Manager of Safety&HR Margarita Negron has 20+years of construction industry experience.Mrs.Negron QE + GM + PE prioritize safety for the Pump Station Emergency Power Resiliency Design-Build enforces compliance with government regulations, project.The team has analyzed the project and will adhere to the following safety protocols: acts,and standards.She sets and reviews health and safety guidelines in order to minimize accidents • MAINTENANCE OF TRAFFIC:The safety of construction crews,vehicular traffic,and pedestrians and injuries. within the work zone are of utmost importance. QE's Safety Committee (consisting of field personnel, management,and the company's safety consultant)collaborated with Bob's Barricade on MOT plans to provide a secure and safe environment for all involved. Approved traffic safety devices will be inspected and maintained before and during each work shift,as well as confirming that all devices are set in place per approved plans. • CONFINED SPACE ENTRY:QE understands the potential dangers related to confined space entry. - In response,QE has developed a comprehensive confined space entry program to address proper safety policies and procedures.QE owns air monitoring equipment,ventilation systems,and rescue tripod/harness systems to provide safety to their employees and to comply with OSHA standards. All confined space entry procedures begin with an approval and use of a permit. Projects are evaluated and specific procedures are developed for employees to follow.Additionally,employees have received safety training to understand company policies, OSHA standards, and use of the rescue equipment.QE prioritozes employee&public safety. • ELECTRICAL WORK: Electrical work will be completed by certified electricians. Controlling Isa Crrtlig hazardous energy(Lockout/Tagout)will be mandated during any hot work and overhead electrical QE I Project AdroirtistraV,v powerlines will be identified at the start of the project. QE will contact FPL to identify the voltage and proper clearance for work operations. Employees are trained to evaluate their work zone and Isa Carreras facilitates all EEO compliance and comply with OSHA standards. training for QE personnel.She also assists with continued safety education for construction crews by overseeing the weekly toolbox talks,and is " QE has proven that when management and field personnel work as a team, a responsible for submitting project permits and revisions productive company safety program is established and produced." 20 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency COLLIER COUNTY PUMP STATION EMERGENCY POWER RESILENCY PROJECT Engineers Obsen'ation Report PEAL#200805 September 3,2020 This report is based on Electrical Site Observations: 1) To provide resiliency and backup through the design and construction of proposed diesel generator or diesel pump systems 2) Determine the Electrical deficiencies and components needed at each station 3) Provide a plan of action for each station Prepared by: John Sokolik,Managing Member Submitted to: Jim Flanagan,Procurement Strategist Procurement Seivices Division 239-252-8946 Jirn.flanagan@collercountyfl gov Charles Digitally signed by Charles Spelman Date:2020.10.13 12:17:41-04'00' Spelman Pelican Engineering Associates,Inc. Signed: 4584 Mercantile Avenue, Suite B Charles P Spelman,P.E. Naples,Florida 34104 Professional Engineer 239-631-5333 Florida Registration No: 34925 21 TECHNICAL INFORMATION ME RPS 20-7760 Pump Station Emergency Power Resiliency Project Sites: 14 Pump Stations • 1.0 Pump Station 103.03 PUMP 221 Cypress Way East Palm River Estates Site Observation Notes: Overhead Power lines, 240t120V, 30 Utility supply voltage Control Cabinet was clean with no signs of water infiltration. No pump motor description tags within enclosure. As-built drawings and quality control log were present in literature pocket. Eaton 250A frame circuit breaker with 100A thermal trip unit, in NEMA 4X enclosure. Deficiencies: Loss of Surge protection on phase 'A" (2) Green conductors connect to Neutral Kit listed for (1) conductor and sized 4-350kcmil There is no duct seal at pump motor conduits Surge Arrester Ditek DTK120/240CM protection indicator lights are not illuminated, surge protection lost. No PPE protection labels noted on equipment for level of protection Plan of Action: Surge protection devices should have alarm relay contacts and preferably connected to the SCADA system to report loss of protection. Replace Surge Arrestor at the service disconnect and the Ditek arrestor in Control Cabinet identified as SS-2 Provide PPE protection labels on all equipment for level of protection Neutral Kit listed for (1) conductor land 4 AWG, or provide DS468GK ground kit for both conductors Pelican Engineering Observation Report 2 22 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency Neutral Kits, Insulated and Groundable 1 1 1 Maximum Enclosure Main Lug Size Catalog Rating(A) Cu/Al Number 100 SFDN100 (1)14-1/0 DH100NK RFDN100 100 (all others) (1) 14-1/0 INK100 250 (1)4-350 kcmil INK250 400 (1)4-600 kcmil or INK400 (2)1/0-250 kcmil 600 (2)250-500 kcmil (NK600 1200 (4)3/0-750 kcmil DS800NK Note For use with 800 A and 1200 A M and N frame, and 100% rated. Ground Lug Kit Capacities Minimum Maximum Ground Lug Kit Wire Size Wire Size Wire Type DG030G8 #14 #4 CU/AL DS100GK (7)#14 (7)#4 CU/AL DS200GK (2)#14 (2)#2 CU/AL DS468GK (2)#6 (2)250 kcmil CU/AL Note Additional Grounding is available as a Factory Modification, through the Switching Device Flex Center. Add Suffix G to the end of switch catalog number. • Pelican Engineering Observation Report 3 MOM\ ,R7r, 0' .. , 23 aml1111 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency ' 1 1 I alik%; ° ' ''''' 4, '°'-'. :", - t,, ^ :,,,. . , . . , ! ,t,t ti, ,,, 1 ,1 ',444r.Ilf.t, '!': 4 '. 't• _ .'S ,r 9 .�., 1 Eye Crane use must observe equipment located directly under Utility Power Lines 4. 10 $3Q r +r., -, III ' \} s. LOAD t 1 V I%• NOON , To be effective surge protection device conductors are to be short and straight as possible (grounding conductor in wirenut, phase conductors curved) Neutral conductor terminal lug rating (yellow) or install euipment ground kit here (white) to comply see terminal tables on page 6 Pelican Engineering Observation Report 4 aMIllil TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency lit 01111 i axs ' - a • I. v0 d"UUrbi6_ a,. K,'\ • .. * Phase 'A' indicator light is out, loss of surge protection. Surge protection devices should have alarm relay contacts and preferably conntected to the SCADA system to report maintenance is required. N...,r a , s , , t 0: . ... 0,,0 . ..io 4 4 :—c,ar 1 SS-2 F o Zs rr Mew rar g ff ki ls� i4^` k illi • si SC.AJARE 0 a i g 1 I r • I c laa Protection indicators not lit (white) Pelican Engineering Observation Report 5 C� 25 TECHNICAL INFORMATION a RPS 20-7760 Pump Station Emergency Power Resiliency 111 2.0 Pump Station 107.5 PUMP 7165 Tree Line Drive Old Cypress Site Observation Notes: Electrical service from pad mount 240M120V, 30 Utility transformers. Only one pump motor had description tag. Quality control log was present in literature pocket. No sign of water infiltration or corrosion, utility meter enclosure has 1 service entrance raceway and (1) spare 2" PVC raceway with plastic bushing. Eaton 250A frame circuit breaker with 100A thermal trip unit in NEMA 4X enclosure. Deficiencies: No deficiencies observed No PPE protection labels noted on equipment for level of protection Plan of Action: Provide PPE protection labels on all equipment for level of protection ' , ft ' ' (7(' , itoi, ' . . * \i '.* \\:\\\\ A g - fj !.. tee. . a i � � ,0- , , de , . = . � _ � .._. OF ^... ' F '''r<.,r , 'l k eaa r' �9 .,.. A„ .... .. , a } Y '. 2nd (empty) raceway from utility transformer Pelican Engineering Observation Report 6 c \ 26 G""" TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 3.0 Pump Station 108.04 GENERATOR 955 Fountain Run Fountainhead at the Vineyards Site Observation Notes: Electrical service from pad mount 240A120V, 30 Utility transformers. Each of two pump motor have description tags. No Quality Control log was present in literature pocket. No sign of water infiltration or corrosion in Control Cabinet. Some signs of corrosion, cause unknown No service disconnect overcurrent protection. There is no overcurrent protection after the meter as this is a non-fused safety switch. Deficiencies: Electrical non-fused safety switch has several issues, corroded wire terminations, water infiltration, weather seals on inside cover of door missing or deformed, locknut affixing the power conduit to the disconnect enclosure are small, rusted parts of what was a locknut. No plastic bushing protecting conductors. Bolt at lower left corner of disconnect has lost its strut spring nut. Raceway from safety switch to Control Cabinet is not supported. Service entrance conduit to meter not supported Fittings in Control Cabinet and at Junction box are failing to provide mechanical support No PPE protection labels noted on equipment for level of protection Plan of Action: Replace non-fused safety switch with 100A, 3-pole, service rated main breaker in NEMA 4X enclosure. Verify Control Cabinets are rated as Service Rated Equipment Support service and disconnect raceways per NEC Chapter 3 Replace failing fittings in Control Cabinet and at Junction box Remove extension cord and replace the GFCI receptacle within the control cabinet, replace the bolt in the generator receptacle Provide PPE protection labels on all equipment for level of protection Pelican Engineering Observation Report 7 27 EN TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 1 4 ' s .44P -. ,:' - -.1w - . st Service disconnect loss of mounted support (orange) , rust from steel backplate is corroding the stainless steel interior (red) Service disconnect loss of mounted support (orange) Mill . _t • IIIIIiiimmimm* --: , Metal locknut has disintegrated (yellow) and no plastic bushing p , Pelican Engineering Observation Report 8 28 . d.. a � Z' "— TECHNICAL INFORMATION No Gt.. RPS 20-7760 Pump Station Emergency Power Resiliency f VIP ^^_ 1 1 lib-�° d , a Roo_ s �. .*' « iwMiJiWV�IWIII Y 1. p tu F GENERAL(('R)E t_E,.TFR,C1 1 44„ ; 5 I K 3 1 I , f i , 1r"ift . ., Y B±. fit •'� z .1. , ti 111 a + ' ^.‘ , { t p4 t• rd 1 ' e ., v ., 3 //►� + r. moo,. kfir_ \ I Missing gasket material (orange), masking material that supports the gasket (red) Pelican Engineering Observation Report 9 N 29 mow MN TECHNICAL INFORMATION aN111111 RPS 20-7760 Pump Station Emergency Power Resiliency Hu,� ten: 111 � �,a ; F Very little gasket remains inside the cover of the service disconnect •••'''-`,,,7-''14 di .. „,... . , "...„, i 6 t R t mod` Terminal lugs of 6 AWG corroded (white), rusting back plate (yellow) Pelican Engineering Observation Report 10 30 T(;tECHNICAL INFORMATION mill RPS 20-7760 Pump Station Emergency Power Resiliency Is. '° p N N. ' •.,* . e*••s,4* ' ‘i Locknut fittings are failing at Junction box (white) . ,..j r, v; R _ lam i N. -4 kl" • \ \ r �y�, S �, fi".T'"h* x+' fir . \ �, \ • w • era ;:44 w r _ -+..�. • Ili,L. -‘,..,/ Locknut fittings are failing in Control Cabinet(white), no duct seal used to block gases red E c , - - / ''' ' 4( r it., . i mi 1' •.iih....._ ... , ,• 1 *A .►`' � lYiAtt/ 7� T f f� 1 lac"gig roi• t,,........ .,.....4.it..t...„ , i .._. __ 1 .,,,?.,. „0„;........;.__. , ilAgr,___4; . mr,,...cres / . ...._„4„,, „, I riP÷.. , . i , .0,.. 2 EL 4,Alp, :Ar,..,, ,, . ' V ?r fitted the control cabinet with a 120V power cord (see orange extension cord removing a bolt from the generator receptacle for the cord to pass thru. Pelican Engineering Observation Report 1 1 31 TECHNICAL INFORMATION w RPS 20-7760 Pump Station Emergency Power Resiliency Agtottputtattg t'°R"T E ""'. a .. -0, i ot4iiik.,„ • L .N8..k.a$3,it V,k: '6 '; s' " 7...'"-'4'.- '-' ' - * . . . . . ,, , . . . ....,..., .., --.. .. v„, -0.-., . , :,..lit„,,,, ., .. „01,...„..., .. .,. v... **/***4 Q'''',44 .'6• t . ; :::.%••- 7 _ . —-.'t,, 7 i l'8',?,,, tit JINN 'add + 1 .4. . Pi . ; -, \ I 4 � ! J\ 'H it.,.. ♦ it-, 9_ S .' � 'h k _ -fir `"* ,.�r?r^ ..it s,.,:', ` €`, . ';`."` ' s ` - Raceways not supported by conduit strap or listed fitting (white) spare conduit from utility transformer (green) Pelican Engineering Observation Report 12 �► in 32 MIN TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 4.0 Pump Station 110.00 PUMP 385 Edgemere Way North Wyndemere Site Observation Notes: This was not observed Deficiencies: Plan of Action: Pelican Engineering Observation Report 13 33 1101 GLIM TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 5.0 Pump Station 112.01 GENERATOR 975 Imperial Golf Course Blvd Imperial Golf Club Development Site Observation Notes: Electrical service 240/120V, 10 Utility transformer. Only one pump motor had description tag. Cabinet fan not functioning. No sign of water infiltration or corrosion. Control Cabinet equipped with VFD units, no duct seal at pump motor conduits. Service disconnect seals in good condition and interior is clean. Eaton 250A frame circuit breaker with 100A thermal trip unit, listed for use on single phase AC circuits in NEMA 4X enclosure. There is adequate room for a stationary generator Deficiencies: No PPE protection labels noted on equipment for level of protection Verify green equipment grounding conductor is 4 AWG as listed for Neutral terminal Plan of Action: Provide PPE protection labels on all equipment for level of protection Replace green equipment ground if found to be smaller than lug listing Neutral Kits, Insulated and Groundable Maximum Enclosure Main Lug Size Catalog Rating(A) Cu/AI Number 100 SFDN100 (1)14-1/0 DH100NK RFDN100 100 (all others) (1) 14-1/0 INK100 250 (1)4-350 kcmil INK250 400 (1)4-600 kcmil or INK400 (2)1/0-250 kcmil 600 (2)250-500 kcmil INK600 1200 (4)3/0-750 kcmil DS800NK C: Note For use with 800 A and 1200 A M and N frame, and 100% rated. Pelican Engineering Observation Report 14 34 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 6.0 Pump Station 123.00 PUMP 1 I 103 Barefoot Circle Lely Barefoot Beach Site Observation Notes: Electrical service 240/120V, 30 Utility transformer. Lift Station data sheet is in literature pocket. No sign of water infiltration or corrosion in Control Cabinet, no duct seal at pump motor conduits. Conduit from safety switch to the Control Cabinet is not supported and not square and level Cutler Hammer DH363UWK, 100A, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket has failed Deficiencies: Electrical non-fused safety switch has several issues, corroded wire terminations, water infiltration, weather seals on inside cover of door missing or deformed, locknut affixing the power conduit to the disconnect enclosure are small, rusted parts of what was a locknut. No plastic bushing protecting conductors. Bolt at lower left corner of disconnect has lost its strut spring nut. No PPE protection labels noted on equipment for level of protection Plan of Action: Replace non-fused safety switch with a 100A, 3-pole, service rated main breaker, NEMA 4X, service disconnect. Verify Control Cabinets are rated as Service Rated Equipment Support service and disconnect raceways per NEC Chapter 3 Replace failing fittings in Control Cabinet and at Junction box Replace cracked concrete post and level second post or reset. Provide new stainless- steel strut connected to both posts and re-support equipment enclosures Provide PPE protection labels on all equipment for level of protection Pelican Engineering Observation Report 15 35 INIGt.. TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency µ f W + t f :�' a e `S iA #71 . t .' ; f y.� r 11 , , if' ,''"- :., '\: .i,'4.,'''', i t . 1 s • ,, il 1 itz%2 1 v�. . , ., m s , „,,,,,,,,... ;.. ... . 4 le Or 010.o. ,.. ..\ '' 's,,„tc.‘2..5,I.'4,..:'40' .1 ! M' {F » ' , ., & i Concrete posts are set at different heights and not set level or parallel with the other posts, equipment not level. Support strut in pieces and not connect to both support posts. Pelican Engineering Observation Report 16 36 al.....NNE TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency . " e I l l " a s� of � , ug "S 1 '1 : � af. v s; �" � R e i i ,, 1 ' \. -, .4., pe.,,,..,.:,,, .. . ,z- Gasket not under enclosure cover (white) , Crack in structural concrete post Pelican Engineering Observation Report 17 37 allimmil TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 11a 4: ...., , s :A' 4.,„ A yr ,.coII/ C tIM idx[a wH l.i.p - MnP3 dFM'r•i+R -,,, •ft e.. i� i'_S*e .y.M.R.. '', }meµ, + i ,�3� f i /"'''''' z ",*,. ‘463 ;.r{ 4 '0. , t >; Debris inside safety switch, gasket failing (red) weatherproof door support hardware missing from top of enclosure (purple), only bottom support intact, bolts are missing (yellow) s, y yy i, l h Pelican Engineering Observation Report 18 � � 38 ,. TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency �'^ i 0 ,,r, , ' it.0 /4.' . 4 • ' ::.. l.\.: ':: / :, , !. I.!. :Lk.. .1.4.'- itOiriv, r Hp , • z, a ....44 :.S "' wu � �e .*.,��,' I I ( , p,, Yt'. ! , 4. -;4 11 . , . , y 3r r 1 Y t L. ,t t M Lightning arrestor hanging from wiring, terminal lugs are corroded Pelican Engineering Observation Report 19 39 Q... TECHNICAL INFORMATION im RPS 20-7760 Pump Station Emergency Power Resiliency 11I 8 a ' , _ -- ire- . .. : :1-rEi .._ . .... .7'. ,., ' 4tIffil "; , s \ ., . h ' +,< , '-' ' FPI,- 8y Y S c rY+ s. t \. ilt t W. + Sys ,4 x�.,2 ' . -vP t g& ' F. .,: i 14 ce,t .0 it:,, , gi, .., 1 ^ .' t G ' x x 1. 4.\,,,, @x weatherproof door support hardware missing from top of enclosure, top and bottom support intact, bolts are missing (yellow) after closing cover the bolts that are not there would pull the door tight to the enclosure Pelican Engineering Observation Report 20 40 •� TECHNICAL INFORMATION CLINE RPS 20-7760 Pump Station Emergency Power Resiliency 111 7.0 Pump Station 136.00 PUMP 1140 Wiggins Pass Rd Sun Lake San Marino RV Community Site Observation Notes: Electrical service 240A/120V, 30 Utility aerial transformer. Lift Station data sheet is in literature pocket. No sign of water infiltration or corrosion. There is no duct seal at pump motor conduits. Conduit from safety switch to the Control Cabinet is not supported and not square and level, lightning arrestor hangs for its wiring where the locknut has deteriorated. Cutler Hammer DH364UWK, 200A, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket had failed to keep out water, bottom of enclosure is rust colored and caused locknut fittings to fail Deficiencies: Electrical non-fused safety switch has several issues, water infiltration, weather seals on inside cover of door missing or deformed, locknut affixing the power conduit has deteriorated. No PPE protection labels noted on equipment for level of protection Plan of Action: Replace non-fused safety switch with a 150A, 3-pole, service rated main breaker, NEMA 4X, service disconnect. Support service and disconnect raceways per NEC Chapter 3 Replace failing fittings in Control Cabinet Replace weather stripping on Control Cabinet door Provide PPE protection labels on all equipment for level of protection Pelican Engineering Observation Report 21 41 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency .. ., pF i n a.. ,.,••?ems -c' fib`. r. Lightning arrestor ..may,..,.. y , Rust lock nut on unprotected conductors der yY 41111 The PVC male connecter is split due to expanding rust and needs to be replaced Pelican Engineering Observation Report 22 42 GLTECHNICAL INFORMATION _ RPS 20-7760 Pump Station Emergency Power Resiliency i i l ,1 r Left inside top of door of gasket Right inside top of door gasket . k This is just a poor design, no flat area for the top gasket to press against just a thin metal strip across the top "`" DIA. Paea. Pr. �-y—_— 1... x Lrx ian-_..mot MAA xF a? F. _.___ �l. n,.TRot.SYQTSM.• RlADI.KR P,R)ATS.J._,_ . v10}J'xt2' I M'EtMCLL: DIAP1Pi'eA B' DAPTP. _.,._ 4,. I PPYNS11.r ATSR 1...-.— DCOF �41.1Si '- LAMIIOCA Y„X_N SI22 1" PITS I IAKa1'PR VALV i} $S LT._�E-_ � CgvtKPsr[a_LltdSiR.LILL1DSiCD-L lw4-e f1bY�•' I' ac3 wetxx�I ...13Dfdn t {1;:12IUD SI _ aI.t_ -!N eR.la1_.. i 4 S^C ACCsCt AttCa Data,_,__-.— _. Mv1'RDL PR: I ,\ , , lain 9Ra 141 Ak:H DISK,.M1-,.-.% Y R bAL"Jl 3t'.SYPe374YF>3<I IMLAY i HPK. SztareD 71NCDN aal.AMPS S'Ilta,N7lt._L._._ *WA.4YR;,y'y AMPS AL'-RRYATfRI Y A 9IC�,. _ YSY 7-Mg i MlA. SD - 4 DP PINS KLcPS T Si'd 1-2..]!L_. F15*1MR 14a AMPS PRAS!P.C11 Y V. E a.__ 1 i 225 "'.� STAXI CAPACITOK$ U1L�.. 3L2 I OF F.K9,11.. RSR 12_.AMPS LTKIe AANK9 T ii s R,,,, Y N PIM'APACTT,a 2 C_.;7,1____........ Mfk.--'-'AP 1-$111. Control Cabinet obtains a level of water infiltration Pelican Engineering Observation Report 23 w� d co„, aTECHNICAL INFORMATION m. RPS 20-7760 Pump Station Emergency Power Resiliency • 1 ! • M tpf t n If:. • ........ `yy, .., u r ,e pir„, ,:-..s-s, : i --. , 406 is > //I • ` .•,•;i�,...,R M„ )' 'b."' Rust is .reater on the fittin•s inside the cabinet then outside the cabinet 1 4sr aka a v . s .. .* 1 x • Water line Pelican Engineering Observation Report 24 44 RIM� TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency a Caro `a C 0 Door seal at top center ..;o;e.e.da� ;.„„ay:. ^.:.: ...... >'.�*a>�F:..�.. •=q,.:. ...a..;vly°u::�a�a „� ,�\ L V • i Door seal at left corner Pelican Engineering Observation Report 25 cA , 45 �... TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 1 11 8.0 Pump Station 143.00 GENERATOR 5556 Yahl Street Industrial Park Pine Ridge Site Observation Notes: Electrical service 480Y/277V, 30 Utility aerial transformer. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top. There is no duct seal at pump motor conduits. No nameplate on service disconnect, 200A, 600V, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket had failed to keep out water, the lightning arrestor locknut fittings has failed, however not hanging from the wiring. Deficiencies: Electrical non-fused safety switch has several issues, water infiltration, weather seals on inside cover of door missing or deformed, locknut affixing the Lightning Arrestor has deteriorated. Control cabinet has several green conductors near grounding lugs that are loose and not terminated No PPE protection labels noted on equipment for level of protection Plan of Action: Replace non-fused safety switch with a 200A, 600V, 3-pole, service rated main breaker, NEMA 4X, service disconnect. Support service and disconnect raceways per NEC Chapter 3 Replace failing fittings in Control Cabinet Replace weather stripping on Control Cabinet door Remake the green conductor splice or joint that has been disconnected in the Control Cabinet Provide PPE protection labels on all equipment for level of protection Pelican Engineering Observation Report 26 46 QTECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency — a . � " y t* I ..4.00:°"� .eau.... ' i A, f :, o. Safety switch weather stripping 1 Illkyam,, - +' .,.` • y• • "`Yf" -fir •'pR •t s� • i'' w S X' w w ,m ' ;• � t -. ttsC = d .F• ,, t "�.t�r . y W Al,Y#t t • +l '`• R°, . �'e ,?" a " � ' • • �. � °fix � • , *, , ,t s • a a1, r' . }';*'• °^ .G C S g auW �Y:44. <w" ,,. row. <+- j (t sx _ • Lightning arrestor not supported with locknut Pelican Engineering Observation Report 27 47 QMOM TECHNICAL INFORMATIONE ,.,,,,,,,,,,,,,1, i o RPS 20-7760 Pump Station Emergency Power Resiliency a ",. yy , .. A i N.,,,'': „,' i . „ , N R ..�? f��.... fib+" � .. .. � ,, _ ;. t 'gypp •> w, , •. 11\111114414‘ d ,:;,s‘1119e--„e, '',, ' '''''' -". Loose green conductors near grounding lug (white) . ji,, „:, . . .,,,,,.. dNPj . . ....„ ,, ,...... .,,..,...„. ..„.„.. . , „ . . .„... ...;, ,,,,,....-,,,.,.,,,i.,„,,,,,72.-,.';.;-:„''.::'- .„,;.,;:i,!.. Tam. Pelican Engineering Observation Report 28 48 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 9.0 Pump Station 167.08 GENERATOR 9050 Belaire Bay Drive Heritage Bay Site Observation Notes: Electrical service 230A/120V, 30 Utility pad mount transformers. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top and the one-piece weather seal. Square D safety switch HU363DS, 100A, 600V, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket is in one- piece and new condition Deficiencies: There is no duct seal at pump motor conduits We recommend for safety, that service equipment have overcurrent protection as any fault in the service conductors in the control cabinet will only clear when the utility transformer primary fuse opens the circuit. No PPE protection labels noted on equipment for level of protection Plan of Action: Verify Control Cabinets are rated as Service Rated Equipment Provide PPE protection labels on all equipment for level of protection Duct Seal Conduits entering from the pump junction box Pelican Engineering Observation Report 29 49 Q.. TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 10.0 Pump Station 179.00 GENERATOR 15687 Summit Place Circle i I I Summit Place Community Site Observation Notes: Electrical service 480Y/277V, 30 Utility from pad mounted transformer. Small signs of water infiltration or corrosion along with metal filings on the bottom of the Control Cabinet. There is a drip edge at the top and the one-piece weather seal. There is no duct seal at pump motor conduits. The Generator receptacle cap stays partially open Square D safety switch HU364DS, 200A, 600V, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. Small areas of rust and corrosion were found. The weatherproof gasket is in sections and should be observed again for other means of water access Deficiencies: We find no deficiencies. We recommend for safety, that service equipment have overcurrent protection as any fault in the service conductors in the control cabinet will only clear when the utility transformer primary fuse opens the circuit. Spring cover of the generator receptacle is not completely closing and protecting the receptacle. Utility meter enclosure, top left corner has been damaged. No PPE protection labels noted on equipment for level of protection Plan of Action: Verify Control Cabinets are rated as Service Rated Equipment Replace the spring cover of the generator receptacle. Observe safety switch gasket for other areas causing water intrusion Bend the aluminum meter enclosure to close the separation and exposure of that corner Provide PPE protection labels on all equipment for level of protection Duct Seal Conduits entering from the pump junction box Pelican Engineering Observation Report 30 50 TECHNICAL INFORMATION ffa RPS 20-7760 Pump Station Emergency Power Resiliency 4y v 'r .t n `1 ,,All , I k z � li �'.. ' ,i.,,' • , V1,1: : ' a 3 Y' ro •' YX . ' f • , J rx I 1 villit'crr,":,:-.,.':;\!:.1,....fri,..-:,00.,:::,44.,..4:0-14:'...,,-16.,— ,;, .;.,ttp 0. „irk .,, , ... , . Insects will grow nests inside the receptacle, spring has been compromised . P'. t«. n yy •"....., • • �.. µ" ., . ° y ;' xv' 4 ,III x 4„ y . 1 p v . A break in the bottom weatherproof seal was noted (white), rust (red) and corrosion (yellow) Pelican Engineering Observation Report 31 51 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 1 1 1 f At • • 111, Top Left corner of utility meter enclosure Pelican Engineering Observation Report 32 52 Qw TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency M, •n ti ,.. .a-e .k,l...... A 11.0 Pump Station 300.20 GENERATOR 5249 McCarty Street 1 1 t Naples Manor Site Observation Notes: Electrical service 230/120V, 10 Utility fed from aerial transformer. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top and the one-piece weather seal. There is no duct seal at pump motor conduits. Cutler Hammer DH363UWK, 100A, 600V, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket is failing Deficiencies: The door to the safety switch does not open to 90 degrees as the door makes contact with the electrical meter adject to the switch. It opens approximately 75 degress. NFPA 70E `Electrical Safety in the Workplace,400.15 (A) (2) "In all cases, the workplace shall permit at least a 90-degree opening of equipment doors or hinged panels" We recommend for safety, that service equipment have overcurrent protection as any fault in the service conductors within the control cabinet will only clear when the utility transformer primary fuse opens the circuit. No PPE protection labels noted on equipment for level of protection Plan of Action: Verify Control Cabinets are rated as Service Rated Equipment Replace the nipple between the meter and the safety switch with a longer nipple to meet the Code requirement and allow the door at least 90. Replace safety switch weatherproof gasket and hardware Replace surge arrester with 240/120V, 3 wire arrestor Provide PPE protection labels on all equipment for level of protection Duct Seal Conduits entering from the pump junction box Pelican Engineering Observation Report 33 53 TECHNICAL INFORMATION w `' RPS 20-7760 Pump Station Emergency Power Resiliency tin y & 1J fi-ii , ,. , --- -, ... ,, ,.. , .. \ , , ...„,,,,,,,it ... . .., , .. . t ,,,„:..,..... , , , , ,,‘,, ,,,„„,, ,:,„ 4.0 , \:,4,41 s:4,4 �w.� 1 ! .� r i. _ , / [ ii [i Restricted door clearance and missing door hardware to seal the door shut sm Q 411 ill) Safety switch gasket failure Pelican Engineering Observation Report 34 54 GNUS � TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency W 1... n \ >. it jj l * i 4 J , i _) .tee% or. .0. ' t 9 ; t i t' AO, -ft.4 .. P 1 • . , , tvAgo; " . , _, , , 1 . ...... _ ..... .. s, ,..,.... ., ,, ,,, „ . : '' - ' • , . . s : w- p 'E Three phase surge arrester connected to single phase source, conductors are not straight and short .s �" •,r<=,ns.,<,sue.,.. w ' � � 0 @ • So m I Y0i«ge Arrest Ane,WtNY''a 9w.xn thM O UFx�ras.,u Ua S.xtw" "9aaa„d.L•e srov-.w.r, `—ammkay , ` " _ Only center light appears to be illuminated Pelican Engineering Observation Report 35 5 wpm TECHNICAL INFORMATION NM RPS 20-7760 Pump Station Emergency Power Resiliency PPr . \-, e.'„,,„' 1 ' ...4':: at 6 s x se< 1., I r f tti 44. ta#r t' Gasket at bottom. (This may be allowing water entering to also leave the enclosure) Pelican Engineering Observation Report 36 6 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 12.0 Pump Station 302.08 GENERATOR 244 Marseille Drive 1 1 1 Rivera Golf Club Site Observation Notes: Electrical service 230A/120V, 30 Utility fed from aerial transformer. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top and the one-piece weather seal. There is no duct seal at pump motor conduits. Cutler Hammer DH365UWK, 400A, 600V, 3-blade, non-fused, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. The weatherproof gasket has failed Deficiencies: The safety switch and the interior components have been exposed to corrosive conditions over a long period. See photos We recommend for safety, that service equipment have overcurrent protection as any fault in the service conductors within the control cabinet will only clear when the utility transformer primary fuse opens the circuit. Plan of Action: Verify Control Cabinets are rated as Service Rated Equipment Replace the service disconnect with main circuit breaker type Replace locknut on grounding electrode conduit Provide a surge arrestor with alarm monitoring capabilities No PPE protection labels noted on equipment for level of protection Duct Seal Conduits entering from the pump junction box Pelican Engineering Observation Report 37 57 TECHNICAL INFORMATION GINN RPS 20-7760 Pump Station Emergency Power Resiliency I J. i '? t r .„ t *'". .it 1 4 ,s, ri): y t ,.., fY f , , It -,2 it. - 4 , cliiii, 11 ,1 ,t - 1 } } Safety Switch has severe corrosion y Y 'Q , .�w.�lM1� Y S'\Y .... .----i , 4"-t. C IY 004 4„,,,,o , ro) -, k.'"^ ,:. . II f fie' 6 it, , s e s,., sIV A y$ f. Y ,, k Safety Switch mechanism Grounding & Neutral terminal Pelican Engineering Observation Report 38 TECHNICAL INFORMATION RPS 20 7760 Pump Station Emergency Power Resiliency I ,�" Raceway from the utility meter for the grounding electrode system locknut failure Pelican Engineering Observation Report 39 59 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 13.0 Pump Station 304.01 PUMP 4375 Bayshore Drive Windstar on Naples Bay Site Observation Notes: Electrical service 230/120V, 10 Utility fed from pad mounted transformer. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top and the one-piece weather seal. There is no duct seal at pump motor conduits. Motors have VFD's by Powerflex Eaton WGDN100, 100A, 600V, 50A, main breaker, NEMA 4X, safety switch is connected after the utility meter. Deficiencies: The safety switch main bonding jumper has paper or similar material keeping the connection from being mechanically sound. Surge arrestor conductors are not short and straight, rather they are curled up and excessively long Red placard says `BEFORE APPLYING POWER TO PANEL, ENSURE HI-LEG IS ON PHASE `B'. This placard does not apply and should be removed No PPE protection labels noted on equipment for level of protection Plan of Action: Remove material from Main Bonding Jumper. This arrester appears to have failed and replaced Provide a surge arrestor with alarm monitoring capabilities Provide PPE protection labels on all equipment for level of protection Duct Seal Conduits entering from the pump junction box Pelican Engineering Observation Report 40 t.. TECHNICAL INFORMATION . RPS 20-7760 Pump Station Emergency Power Resiliency 111 4 t I , ,' 1.'1 i ' ' ' q .. a is. 11 ! H ill t [ 6 - .\i Ni " 40" '''.."'"."----.."0--- ill k11 ' ",14..."hatli—tf."' III .......... ? [f Surge arrestor conductors are not short and straight, rather they are curled up and excessively long (red), Main Bonding Jumper mechanically not bonded, remove debris Pelican Engineering Observation Report 41 61 all.11111111.1100 TECHCAL RTON RPS 20-7760 Pump Station ENImergency PowerINFOMA ResiliIency 11I • i =� , Verify operation and replace as needed F x w+.ry.M a an«.1 n.Ar y t.Lp .4.,f.e..1 i i j`ta 1 M�•.*ono fM*MI FAIIR,!„ry tray NiS PAWIL N in..IMMA i.AAtL1O • Er,.. , s COW/R COUNTX ry ttN 91 No � ingPPE data on label identify protection level NEC 110.16 Arc Flash Hazard Warning Pelican Engineering Observation Report 4.2 " ` 62 ., `) TECHNICAL INFORMATION GC= RPS 20-7760 Pump Station Emergency Power Resiliency 111 14.0 Pump Station 309.07 GENERATOR 3702 Estey Ave Lorenzo Walker Technical College Site Observation Notes: Electrical service 480Y/277V, 10 Utility fed from pad mounted transformer. No sign of water infiltration or corrosion within this Control Cabinet due to the drip edge at the top and the one-piece weather seal. Square D, HU363DS, 100A, 600V, NEMA 4X, safety switch is connected after the utility meter. There is no service overcurrent protection before the control cabinet overcurrent protection. We recommend for safety, that service equipment have overcurrent protection as any fault in the service conductors within the control cabinet will only clear when the utility transformer primary fuse opens the circuit. Deficiencies: There is no duct seal at pump motor conduits. No PPE protection labels noted on equipment for level of protection Plan of Action: Provide PPE protection labels on all equipment for level of protection Duct Seal Conduits entering from the pump junction box End of report 9/3/2020 Pelican Engineering Observation Report 43 e63 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency All I l ' Co te-r County Email: Jim.Flanagan@colliercountyfl.gov Administrative SeNces Division Telephone:239.252,8946 Procurement Senses ADDENDUM#1—Design Build STEP 2 Date: September 11,2020 From: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum N 1 _ 20-7760 Design Build Step 2—Pump Station Emergency Power Resiliency 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: I. The Proposal Doe Date has been extended to October 13,2020(al 3:00 pm 2. The Bid Question Deadline has been extended to October 2,2020®Close of Business. a. Any outstanding Bid Question Answers will be provided by October 6. 3. Please refer to Questions and Answers on BidSync.The Question period closes on October 2,2020. 4, 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(xww.hidrvnc.cont)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. 9/11/20 (Signature) Lottis"J'Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) 64 AO, TECHNICAL INFORMATION w ® RPS 20-7760 Pump Station Emergency Power Resiliency # 1 � C ter Comity (::mail: Jim.Flanagan@colliercountyfl.gov Administrative Services Dvision Telephone:239,252.8946 Pu,ureim nt Servrcr-s ADDENDUM#2-Design Build STEP 2 Date: September I I,2020 from: Jim Flanagan,Procurement Manager To: Shortlisted Proposers Subject: Addendum #2-20-7760 Design Build Step 2-Pump Station Emergency Power Resiliency 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 20,2020 th 3:00 pm 2. The Bid Question Deadline closed.Attached are the Consolidated Bid Question and Answers, a. 20-7760-Addendum l 2-Consolidated Bid Questions and Answers 3. Bidders are reminded to provide all required proposal forms.responses,and attachments. Ifyau require additional it formation please pest a question on our Bid Sync(tr!F u,hidtj oc corn}bidding platform under the solicitation jhr this project, Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. -- `� 10/08/20 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Finn) irrn) C 65 MIN 411111 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 Appendix i=-Template-Addendum Email:(Lisa,Oien@colliercountyfl.gov) coColter County Telephone: (239-252-8935) Adminisfratrve Services Division .^'urzhasing ADDENDUM #3 Memorandum Date: 10/20/2020 From: Jim Flanagan, Procurement Manager To: Interested Parties Subject: Addendum#3 20-7760 Design Build for Pump Station Emergency Power Resiliency This addendum has been issued for the following items identifying clarifications,changes,deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Change 1. DUE DATE: Oct 23,2020 at 3:00 PM EDT Please acknowledge receipt of this Addendum and include with your bid. t ��^ 10/20/20 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) If you require additional information,please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template—Addendum-rev 10-18-18 TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 111 Email:(Jim.Flanagan@coUiercountyfi.gov) Co ] Liounty Telephone:(239-252-8946) Administrative Serwoes Division 'ur,haar'q ADDENDUM #4 Memorandum Date: 10/22/2020 From: Jim Flanagan, Procurement Manager To: Interested Parties Subject: Addendum#4 20-7760 Design Build for Pump Station Emergency Power Resiliency This addendum has been issued for the following items identifying clarifications,changes,deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. 1. Revised GMP Proposal Form attached:20-7760-Addendum 4-Attachment A-GMP Form-rev 10-22-20.The following language was added to the form: 1 Proposer acknowledges that GMP submitted is unqualified and without exception,and submitted unconditionally without attachments. 2 The prices listed in the Guaranteed Maximum Price Form shall include the total cost to complete the Work including but not limited to materials,labor,equipment,profit,bonds,insurances,etc.,as necessary to ensure proper execution of the design-build services and product requested by Collier County 3. By signing above the individual certifies that he/she is authorized to act on behalf of the firm,individual, partnership,corporation or association making this proposal and that all statements made in this document are true and correct to the best of my knowledge. I agree to hold this proposal open for a period of one hundred and eighty(180)days from the deadline for receipt of proposals. 4. I understand and agree to be bound by the conditions contained in the Request for Proposal and shall conform with all requirements of the Request for Proposal. 2. Proposal Due Date revised as follows: DUE DATE: 004-23; tf3a4(k00-RM-€9T Oct 26,2020 at 3:00 PM EDT The Guaranteed Maximum Price and Proposal Bond must be submitted separately in a sealed envelope to: PROCUREMENT SERVICES DIVISION ATTN:Jim Flanagan 20-7760-Pump Station Emergency Power Resiliency 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 NOTE:TECHNICAL PROPOSAL SHALL BE SUBMITTED SEPARATELY ON-LINE VIA BIDSYNC 3. Please submit your technical proposal on BidSync and your GMP Proposal on the revised GMP proposal Form attached. Pleas oval ceipt of this Addendum and include with your bid. October 22,2020 (Signature) Date Quality Enterprises USA,Inc. (Name of Firm) If you require additional information,please post a question on BidSync on-line or contact me using the above contact information. CA 67 TECHNICAL INFORMATION G.N. RPS 20-7760 Pump Station Emergency Power Resiliency „ ... .. 11I UNANIMOUS WRITTEN CONSENT IN LIEU OF THE 2020 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF QUALITY ENTERPRISES USA, INC. The undersigned, being all the directors of Quality Enterprises USA, Inc. (the "Corporation"), pursuant to Virginia Code Section 13.1-685, hereby approve and consent to the following actions in lieu of the Annual Meeting of the Board of Directors: WAIVER OF NOTICE: Execution of this Written Consent will constitute full waiver of notice of the Annual Meeting of the Board of Directors of the Corporation for the year 2020. ELECTION OF OFFICERS: The following persons are elected to the offices following their names to serve until the expiration of their terms at the next annual meeting of the Board of Directors, or until their successors shall be duly elected and qualified: Howard J. Murrell, Jr. President Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, Ill Corporate Officer Stacey L. Murrell Secretary WHEREAS, the Directors believe it is in the best interest of the Company to grant, without limitation, signing authority and the authority to conduct business on behalf of the Company to each of the following Officers: Howard J. Murrell, Jr., President WHEREAS, the Directors believe it is in the best interest of the Company to grant authority to enter into and sign contracts on behalf of the Company to each of the following Officers: Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell, Ill Corporate Officer Stacey L. Murrell Secretary RATIFICATION: All acts taken on behalf of the Corporation by the Corporation's officers since the last meeting of the Board of Directors are hereby ratified and approved. MINUTES: This Unanimous Consent shall be filed with and become a part of the Minutes of the Corporation. Effective date: January 1, 2020 I h /4. Date signed QUALITY rd J. urrell, Jr. �`' '` ENTERPRISES ` 68 .... TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency I ' ' PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA,Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the City of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners,Collier County,Florida (hereinafter called the Owner), in the full and just sum of -Five-Percent-of-Amount-Bid-- Dollars ($5%-of-Bid-- )good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 20-7760 Design Build Pump Station Emergency Power Resiliency. NOW, THEREFORE, if the Owner shall accept the RPS of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such RPS, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$s%-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 13th day of October , 201x 20, Quality Enterprises USA,Inc. Principal BY "" (Seal) Louis J. Gaudio, Vice. President Fidelity and Deposit Company of Maryland Surety r ;( �...'��.�.ftt,' l'`1 1�.�L-�fZi.�!— f-k (Seal) Tern K.Strawhand,Attor in•F f Countersigned � . Daniel . ryg9// N Local Resident Producing Agent for Fidelity and Deposit Company of Maryland cAo ,mt,� r 69 ti TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency 1Il Bond Number Bid Bond 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 he 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 tvtARYLAND 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 WI IEREOF,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 LNSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND (CAL)t By.' Robert D.Murray Vice President a+e (� aven, 4 GYM_- �f By: Dawn B.Brawn % ,css•.f Secretary '��`� State of Maryland County of Baltimore On this 191h day of lune, 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 instnuntent arc the Corporate Seals of said Companies,and that the said Corporate Seats and the signature as such officer were duly at fixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF,!have hereunto set my hand and affixed my Official Seat the day and year first above written. ,,1trrMAp�I COMMVIZ Q-L.,.atv.►V/ Constance A.Dunn.Notary Public My Commission Expirest July 1,2023 r�htinra� CAo .A ',= 70 riw TECHNICAL INFORMATION RPS 20-7760 Pump Station Emergency Power Resiliency ill 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 t, 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 he affixed by facsimile on any Power ofAttorney...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 13th day of October .2020 . �+tM .r,^ c+ ry f % } SEAL CI mow ,F1 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,rcportsfclaims@zurichna.com 800-626-4577 71 I ., TECHNICAL INFORMATION a RPS 20-7760 Pump Station Emergency Power Resiliency ! I, i CONSTRUCTION PLANS QE+GM+PE's preliminary Project Plans for the Pump Station Emergency Power Resiliency Design-Build project are provided at the end of this section,Section 3:Technical Information.These plans include the team's proposed Site and Electrical plan.The plans have been used to generate QE+GM+PE's proposed Project Schedule and Guaranteed Maximum Price(GMP). "There is always a solution. 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LIP 4-0 N W O 0 N w Ez } a) 18j. � 2 2 0 N W = O w 4p Z m=m OQ E o Wu. 0 r4 O< moo$c� WO VI <O 4G Ku- s_N_O 2 Z 3 m4 OO N,a4, m0 o� w � r v y 4 a U ,• ,„ �Y e C s ' '-' ''''',.' -, ..„„ A; ',\ ,....', 1 IT ::R 4'- r• . , it ' : �a. f: �$ �s :TM�''.r �."" x #: tt, 't 't„: 1 �i►.t a Y +�" a t b ,, t ,,'yam .t- t e a I . •t ,,.k 4 ",> c f' r r, • • �,.. •' * r ! > "•+ #'t.1..tIkiiiiit,' S. ••'"°'.'t'L-• '.. IP c t7t,t\ f , 'j " s p - ` �• by • Mr � R `V 'so`t • '-� M 4 .E ttttttti . s x !14'tti441. 'ktii.,,:;-,,....,,,•,4 \: . ,„, >Ve µp \ { yp rrf�ltR-'M.. u}4Ya.tt.<nKiV'«.t�MMf1 . N. ...?-,,,,,-:., tilliiik °., QUALITY :, E NTTRPPISES j: �+ �,,_.. .. UALITY ,''::: k a . ,, • QUALITY q...' 9 0,.Vk.ra P,cCa .., • 4. • ammoilk ry ,. ,.��.. �'M i, te 4 r rc III EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Louis J Gaudio Vice President Quality Enterprises USA, Inc. Matt Casey Project Manager Quality Enterprises USA, Inc. Eric Blair Project Superintendent Quality Enterprises USA, Inc. Alex Dunko Design Project Manager Grady Minor Justin Fredericksen Deputy Project Manager Grady Minor Allyson Holland Project Engineer Grady Minor Rick Featherston QA/QC Inspector Grady Minor John Sokolik Electrical Designer Pelican Engineering Page 24 of 65 RPS# 20-7760"Pump Station Emergency Power Resiliency" CA h 1i Hampton Roads Bonding 1080 Laskin Road,Suite 204 Virginia Beach,VA 23451 HAMPTON ROADS BONDING �s7 0 Fax-1 7575?491 491 3134 A Marsh'?Mclennan Agency LLC Company www.hrbonding.com April 21, 2021 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Re: Quality Enterprises USA, Inc. — Bond No. 9377207 Design Build of Pump Station Emergency Power Resiliency Contract Number: #20-7760 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 i Terri K. Strawhand MARSH&MCLENNAN EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 9377207 Contract No. 20-7760 • KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 (Business Address)are held and firmly bound toBoard of County Commissioners,Collier County,Flwida Obligee in the sum of Three Million Six Hundred Fifty Five Thousand and 00/100 ($ 3,655,000.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 464Aday of J+Uk,t1Q_ 20 . , with Obligee for Design Build of Pump Station Emergency Power Resiliency in Collier County accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(l), 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 21st day of April 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 63 RPS#20-7760"Pump Station Emergency Power Resiliency" • 111 Signed,sealed and delivered in the presence of: • PRINCIPAL CA. Quality Enterprises USA,Inc. Anna Rice , BY:� �— Witne see to Principal Jack Hooper 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 21st day of April 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 producedN/A-Known as identification and did(did not)take an oath. My Commission Expires: 2/11/22 D 2 CLu; trii,- _-- (Signature of Notary) .. ...o• r.,,. . "� 1 I 4, , MY „S^ :. .,:;152',1',13 NAME: Marcie L. Cohen t L 3 F tt,2022 (Legibly Printed) 5_ +.. N '__ic Underwriters (AFFIX OFFICIAL SEAL) Notary Public,State of Florida Commission No.: 6.6. 1S 1., - (-, ATTEST. SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Page 26 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" ill OR Fidelity and Deposit Company of Maryland As Attorney in Fact • (Attach Power of Attorney) Tammy A.Ward Witnesses Devon C.Heath (Printed Name) 1299 Zurich Way Schaumburg,IL 60196 (Business Address) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 21st day of April 2021 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: September 30,2022 1 .('A r ' y tat.—440 (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 My Commission Expires 9/30/2022 i + Page 27 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. 9377207 Contract No. 20-7760 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners,Collier County,Florida , as Obligee in the sum of Three Million Six Hundred Fifty Five Thousand and 00/100 ($3,655,000.00 ) 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 (6 _ day of ,gyp 200 , with Obligee for Design Build Pump Station Emergency Power Resiliency _ 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: I. 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 21st day of April , 2021 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 28 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" i 1I Signed,sealed and delivered ii le presence of: PRINCIPAL Quality Enterprises USA,Inc. nna ice — Witnesses rincipal Jack Hooper 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 21st day of April , 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. My Commission Expires: 2/11/22 ' e( 4Z — (Signature) MARCIE L.CCHEN Name: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) r Notary Public,State of: Florida Commission No.: GG 152066 Page 29 of 63 RPSit 20-7760"I'ump Station Emergency Power Resiliency" ill ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland As Attorney in Fact (Attach Power of Attorney) Tammy A.Ward Witnesses Devon C. Heath (Printed Name) 1299 Zurich Way Schaumburg,IL 60196 (Business Address) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 21st day of April , 2021 by Tammy A.Ward as Attorney-in-Fact of Fidelity and Deposit Company of Maryland a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My ftwilksethimwft6eptember 30,2022 Notary Public (Signature) Commonwealth of Virginia Reg.#247448 Terri K.Strawhand My Commission Expires 9/30/2022 Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 Page 30 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" I11 Bond Number 9377207 Obligee Beard or Cunm, g Comn,issiono,,Collier County 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 SEAL),. By: Robert D.Murray how Vice President .to By: Dawn E.Brown )a Secretary ,, State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.- Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that lie/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding 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. ou !.�...:...1: •+�ijl0°�,•' i Constance A.Dunn,Notary Public My Commission Expires:July9,2023 l 1 I 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." CERTI FICATE 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 21st day of April ,2021,M F�` ....._Gjr' { CbL_ cl�4Uy4 sEai. �4 11M i ce` ---. """0oci / `t G �- J 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(azurichna.com 800-626-4577 1 1 I EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA Before me,the undersigned authority,personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, "Contractor" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida,("OWNER")relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20 , for the period from to (2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which OWNER might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/final] Application for Payment No. Quality Enterprises USA, Inc. "Contractor" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this day of , 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Page 31 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" I I EXHIBIT D APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) Owner's Project Bid No. Manager's Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative:Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work $ Completed&Stored to Date: Retainage @5%through $ Retainage @ 5%through $ [Insert Date] [Insert date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ 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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: Page 32 of 63 RPS#20-7760 "Pump Station Emergency Power Resiliency" CAO 111 EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS 8 STORED Deduced rarel WITHHELD THRU DATE SINCE DATE PERIOD TO DATE Is 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 comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. Page 33 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" ill Exhibit D(Continued) Stored Materials Record Formula:A+B-C-D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 34 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" =f+0 1 11 EXHIBIT E-1 CHANGE ORDER Change Order Form Contract*: Change*: Purchase Order*: Project*: Contractor/Firm Name: Project Name: Project Manager Name Department: Original ContractWors Cyder Amount Original BCC Approval Cat;Agenda Item Current BCC Approved Amount Last BCC Approval Date; Agenda Item* Current C ant a dAN ark Order Amount SAP Contract Expiration Dale I Master} Dollar Amount of this Change )IV/0! Total Change from Original Amount Revised Contra cttWoar Order Total ° 0.00 *DIV/0! Change from Ctruant BCC Approved Amount Cumulative Changes 0.00 +.4?IWO! Change from C urr errt Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceet Original I Last Approved Revised Date Date Completion Dat Date JIBS II *of Day's Added Select Tasks 0 Add newtask(s} 0 Deletetask(si 0 Changetask(sl ❑Other see ar Provide a response to the following:1.(detailed and specific exp lanationiratio nale of the requested change(si to the tas.k(s.l and!or the additional days added(if requested(;2.1 why this change was not included in the original contract;and,3.1 describe the impact if this change is not processed. Attach a:citional information from the Design Professoa^a!arc,or Contractor rf needed. Prepared by: Dale: (Project Manager Name arc Department; Acceptance of this Charge Order s hall contt it tee a modification to cont rad;work order identified above arc will be subject to all the same terms and conditions as contained intite coil reel work orderindicated3above.asfultyasifthesamewerestatedir_=thisacceptance. The adjustment,ifany.totheContrast'shallconstituteafullandfinalsettlementofanyandallclaimsoftheContracor;Vendor;Consultant; Design Professional arising out of or related to the charge set forth herein.including claims for impact and delay costs. Accepted by: Date: (Contractor:Vendor!Consultant:Design Profess tonal arc Name of Firm,if project applicable; Approved by: Date: (Design Professional arc Name of Firm.if project applicable', Approved by: Date: (Procurement Professional `e --''311:3^3 9.._: :33e 3 se:.a'ate Page 35 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" ill 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 n Engineer's record ❑ Other ❑ Other Estimated increase(decrease) in Contract amount Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative Page 36 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" i it EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 37 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO I I 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 111 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name& Title) By Owner: (Department Name) (Signature) (Name & Title) Page 39 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CA-3 11I EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 Contractor and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Contractor and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 1.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s)for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 1 of this Agreement hereof. 1.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 1.4 If Owner's Project Criteria contain design specifications: (a) Contractor shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways,railways,drainage facilities and utility services above,upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the Page 40 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO 1 11 prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents. Contractor will not be entitled to any adjustment to the Lump Sum Price or the Contract Time as a result of any site conditions encountered. It is the specific intention of the Parties that Contractor will propose and perform as part of its Design Services any necessary investigation and testing that Contractor deems necessary to assume such risk. 3. SCHEDULE. 3.1 The Contractor, within ten (10)calendar days after receipt of the executed Agreement, shall prepare and submit to Project Manager, for their review and approval, a Schedule of Values for the Project(herein "Schedule of Values"). The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment,Contractor shall submit to Project Manager, for their review and approval,a Risk Safety Management Plan,Quality Assurance/Quality Control Plan,a Critical Path Method Schedule showing critical path,interdependencies and slack or float,a Hurricane Plan and a schedule of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Page 41 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 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 withhold retainage on the gross amount of each monthly progress payment in the amount of five percent(5%),as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255:078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment,subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Schedule of Values. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Page 42 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" ! ll 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: (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 Page 43 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 1 1 I equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. COMPLETION. 6.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site(or designated portion thereof)after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 6.3 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion 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. Page 44 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" C/4.0 Ill 6.4 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in above, and (ii)OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR may have issued its recommendations. Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein,provided that Contractor first,and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C,as well as,a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data,test results,schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 8.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and 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 Page 45 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 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. 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. Page 46 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" C� F_,r in 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 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. Page 47 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 1 1 I 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. 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. Page 48 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 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. 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 Page 49 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 1 11 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 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. Page 50 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 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 into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators,suppliers or processors except as otherwise provided for in the Contract Documents. If,within one(1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor Page 51 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections,tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 18.7 Owner shall have the right, but not the obligation,to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 19. DEFECTIVE WORK. 19.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as Page 52 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 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 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. Page 53 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" i It 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 been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page 54 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 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. 24.4 Alcohol,drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. Page 55 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAC h 1i 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 24.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 24.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further,all Employees shall comply with the dress,conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time,by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times,Contractor shall adhere to Owner's safety and security regulations,and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference)as may be directed by the Project Manager. 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of this Agreement. Page 56 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" Cp Q l i ( 27. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way,the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten(10) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales,consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary,Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts,based on the current Schedule of Values,and shall supply a copy of that breakdown and composition 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 Page 57 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 111 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 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: Page 58 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" Cps) 111 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 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 Page 59 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" iit 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. 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 Page 60 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CAO 111 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 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. Page 61 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" lit 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 63 RPS#20-7760"Pump Station Emergency Power Resiliency" CP-0 111 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 "Pump Station Emergency Power Resiliency",are accurate, complete and current as of the time of contracting. Quality Enterprises USA,Inc. BY: Louis J. Gaudio TITLE: Vice President DATE: //, 7/4/ Page 63 of 63 RPS#20-7760"Pump Station Emergency Power Resiliency" 1 11 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDD0 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT A Marsh&McLennan Agency LLC PNAME: HONE Marsh&McLennan Agency LLC FAX 222 Central Park Avenue, Suite 1340 (A/c.No.Ext):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. & Quality Environment Company, Inc. INSURER C:Phoenix Insurance Company 25623 3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURER E: Evanston Insurance Company 35378 INSURER F: COVERAGES CERTIFICATE NUMBER:780864789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE INSD DDL SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) C COMMERCIAL GENERAL LIABILITY Y C07N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 ___ CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X mi 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 $15,000,000 DED X RETENTION$gD,nn $ A WORKERS COMPENSATION WC01793105 7/1/2020 7/1/2021 X STATUTE ERH Inc!USL&H AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Protection&Indemnity UM00077083MA20A 7/1/2020 7/1/2021 $1,000,000 each claim $1,000,000 Aggre B P&I Excess UM00077085MA20A 7/1/2020 7/1/2021 $1,000,000 Excess E Pollution/Prof.Liability MMAENV001943 7/1/2020 7/1/2022 $2MM each claim $4MM aggre. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For Any and All County projects Board of County Commissioners in Collier County are included as additional insureds 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 ...,a, m G.A.:a 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD