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Agenda 10/26/2021 Item #16A10 (RPS #21-7857 w/Thomas Marine Construction, Inc.)
10/26/2021 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services ("RPS") No. 21-7857, "Design -Build of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," to Thomas Marine Construction, Inc., in the amount of $3,527,500 and authorize the Chair to sign the attached Agreement (Project Number 66066). OBJECTIVE: To obtain professional engineering and construction services for the Golden Gate Parkway (CR 886) over Santa Barbara Canal Bridge Replacement Project (Bridge Number 030123). CONSIDERATIONS: The bridge carrying Golden Gate Parkway over the Santa Barbara Canal has four lanes and was built in 1971. Through the Bridge Inspection Program, the Florida Department of Transportation deemed the bridge "structurally deficient" and in need of repair/replacement. The County Transportation Engineering Division is recommending replacing the existing bridge. On July 13, 2021 (Agenda Item 16.A.22), the Board accepted the selection committee ranking and authorized staff to negotiate an agreement with the top ranked firm, Thomas Marine Construction, Inc. ("Thomas Marine"), for "Design Build of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement." On August 20, 2021, staff negotiated and reached a proposed agreement with Thomas Marine for a contract in the amount of $3,527,500 to provide all professional services and construction of the project. The contract amount is consistent with the guaranteed maximum price ("GMP") set in the contractor's GMP Price Proposal, which is embedded in the contract, as no changes to the original scope of work affecting price were required at the time of the meeting to negotiate (see Attachments 1, 2 and 3 respectively for the contract, bonds, and insurance certificate). Thomas Marine is a qualified bridge contractor that has constructed numerous bridges, both private and public in Collier County over the past 20 years. Thomas Marine recently completed bridge replacements for Collier County projects located on Golden Gate Boulevard (3 design -build), Vanderbilt Drive, and currently are completing the Gator Bridge Replacement on Immokalee Road. The structural and civil engineering firms that are part of this design -build team include Bridging Solutions and Johnson Engineering, respectively. Those firms are also qualified and have extensive experience working on Collier County projects. FISCAL IMPACT: Funds in the amount of $3,527,500 are available within project 66066. The source of funding is Gas Taxes. Approval of this item will not have an impact on operational and maintenance costs; however, the completed project can be expected to have the following operational and maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service for the new bridge and roadway features, and will be absorbed into the regular maintenance schedule thereafter; and the new stormwater features will require minimal maintenance that will be absorbed into the regular maintenance schedule resulting in minimal cost impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award RPS No. 21-7857, "Design -Build of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," to Thomas Marine Construction, Inc., in the amount of Packet Pg. 748 10/26/2021 $3,527,500, and authorize the Chair to sign the attached Agreement. (Project Number 66066) Prepared By: Dennis F. McCoy, PE, Senior Project Manager, Transportation Engineering Division. ATTACHMENT(S) 1.21-7857 ThomasMarine_Insurance (PDF) 2. [Linked] 21-7857 ThomasMarine Agreement (PDF) Packet Pg. 749 16.A.10 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doe ID: 20171 Item Summary: Recommendation to award Request for Professional Services ("RPS") No. 21- 7857, "Design -Build of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," to Thomas Marine Construction, Inc., in the amount of $3,527,500 and authorize the Chair to sign the attached Agreement (Project Number 66066). Meeting Date: 10/26/2021 Prepared by: Title: Project Manager — Transportation Engineering Name: Dennis McCoy 09/22/2021 3:40 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 09/22/2021 3:40 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Growth Management Department Transportation Engineering Steve Ritter Additional Reviewer Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Barbara Lance Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Transportation Engineering Jay Ahmad Additional Reviewer Transportation Engineering Marlene Messam Additional Reviewer Growth Management Department Lisa Taylor Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Growth Management Department Gene Shue Additional Reviewer Growth Management Department Trinity Scott Transportation County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Susan Usher Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/22/2021 3:47 PM Completed 09/22/2021 3:49 PM Completed 09/22/2021 4:36 PM Completed 09/22/2021 6:32 PM Completed 09/23/2021 9:59 AM Completed 09/23/2021 11:58 AM Completed 09/28/2021 7:50 AM Completed 09/28/2021 8:52 AM Completed 09/28/2021 10:14 AM Additional Reviewer Completed Completed 09/29/2021 11:29 AM Completed 09/30/2021 11:29 AM Completed 10/01/2021 2:09 PM Completed 10/01/2021 2:20 PM Completed 10/03/2021 3:45 PM Completed 10/04/2021 10:17 AM Packet Pg. 750 10/26/2021 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/18/2021 5:16 PM 10/26/2021 9:00 AM Packet Pg. 751 Client#: 164731 OWENAME1 DATE (Mp 1 6.A.1 O.a ACORDTM CERTIFICATE OF LIABILITY INSURANCE I 9/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Patti Zuk EPIC Insurance Midwest AI,PHONE , El): 616-600-9677 FAX No, 250 Monroe Ave NW, Suite 415 E-MAIL atti.zuk a Icbrokers.com ADDRESS, p p. Grand Rapids, MI 49503 INSURERS AFFORDING COVERAGE NAIC # INSURED Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers, FL 33905 INSURER A: National Union Fire Ins Co of Pittsburg 19445 INSURER B : Allied World National Assurance Company 10690 INSURER C : New Hampshire Insurance Company 23841 INSURER D : The Charter Oak Fire Insurance Company 25615 INSURER E: Arch Specialty Insurance Company 121199 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY X GL3118752 9/01/2021 09/01/2022 EACH OCCURRENCE $1 000,000 CLAIMS -MADE � OCCUR PREMISES ERENTED r nce $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ^I JECOT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X CA2446812 9/01/2021 09/01/202 MBINED INGLE LIMIT (CEO, cid.nIS 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY B X UMBRELLA LIAB X OCCUR 03119130 09/01/2021 09/01/2022 EACH OCCURRENCE $1 O 000 000 AGGREGATE $1 O 00O 000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $1 O 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y� N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F_N1 (Mandatory in NH) N / A W013326633 9/01/2021 09/01/202 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Leased/Rented Equ QT6607N17182000F 9/01/2021 09/01/202 $375,000/$1,000 Ded. E Professional & CPP003441010 9/01/2021 09/01/202 $3,000,000 per Occ/Agg Pollution Liab. $50,000 Retention DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RPS# 21-7857 Design Build Golden Gate Parkway Over Santa Barbara Canal Bridge Replacement, Collier County Board of County Commissioners is named as additional insured on primary and non-contributory basis for the general liability and auto liability as required by written contract. CERTIFICATE HOLDER Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 h O N d C) C 7 UN C d I •L rn f6 E 0 t H LO 00 ti N 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. r Q AUTHORIZED REPRESENTATIVE 10P cw-� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD I Packet Pg. 752 #S3234302/M3219159 PZU01 This page has been left blank intentionally. 16.A.10.a Q Packet Pg. 753 DESIGN -BUILD AGREEMENT behveen Board of County Commissioners for Collier County Florida and THOMAS MARINE CONSTRUCTION, INC. dated 2021 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" #21-7857 TABLE OF CONTENTS Article Name page ARTICLE 1 CONTRACT DOCUMENTS.................................................................................................. I 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 ARTICLE8 INDEMNIFICATION............................................................................................................11 ARTICLE 9 CONSEQUENTIAL DAMAGES.......................................................................................... I I ARTICLE 10 LAWS AND REGULATIONS ..................... .......................................................... I............ I I ARTICLE I 1 INDEPENDENT CONTRACTOR ......................................................................................12 ARTICLE 12 DISPUTE RESOLUTION.................................................................................................12 ARTICLE 13 ASSIGNMENT....................................................................................................................13 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY.................................................................13 ARTICLE 15 FORCE MAJEURE.............................................................................................................14 ARTICLE16 CHANGE IN LAW..............................................................................................................14 ARTICLE 17 TERMINATION FOR DEFAULT......................................................................................15 ARTICLE 18 TERMINATION FOR CONVENIENCE............................................................................16 ARTICLE 19 DOCUMENTS.....................................................................................................................17 ARTICLE 20 CONFIDENTIALITY..........................................................................................................17 ARTICLE21 SEVERABILITY.................................................................................................................18 ARTICLE 22 PUBLIC ENTITY CRIMES................................................................................................1 S ARTICLE 23 EXHIBITS INCORPORATED............................................................................................19 ARTICLE24 NOTICES.............................................................................................................................19 ARTICLE 25 CAPTIONS AND HEADINGS...........................................................................................20 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE.................................................................... 20 ARTICLE27 ENTIRE AGREEMENT......................................................................................................20 ARTICLE 28 SUBJECT TO APPROPRIATION ............ ....... ................................................................. -20 ARTICLE 29 ORDER OF PRECEDENCE...............................................................................................20 Exhibits referenced in Article 23: Exhibit A- I: Contractor's GMT and ScheduIe....................................................... 23 Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums ...........................24 Exhibit A-3: Contractor's List of Key Personnel......................................................25 Exhibit B-1: Payment Bond Forms.....................................................................26 Exhibit B-2: Performance Bond Forms................................................................ 29 Exhibit C: Release and Affidavit Form.............................................................. 32 Exhibit D: Contractor Application for Payment Form.............................................33 Exhibit E-1: Change Order Form........................................................................36 Exhibit E-2: Work Directive............................................................................37 Exhibit F: Certificate of Substantial Completion Form ........................................... 38 Exhibit G: Final Payment Checklist..................................................................40 Exhibit H: General Terms and Conditions...........................................................41 Exhibit I: Truth in Negotiation Certificate......................................................... 64 w DESIGN -BUILD AGREEMENT This Agreement is made this _ day of , 2021 between THOMAS MARINE CONSTRUCTION, INC., authorized to do business in the State of Florida (hereinafter called "Contractor") whose business address 8999 High Cotton Lane, Ft. Myers, FL 33905 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) 421-7857, "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT," on that property located on Golden Gate Parkway approximately .5 mile east of intersection at Santa Barbara Boulevard, 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 #21-7857, "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" in accordance with this Agreement; and WHEREAS, the Contractor and its sub -consultants and subcontractors are licensed in the State of Floridato provide all engineering and general contracting services required to develop, design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"); 1.1.1 This Agreement, the Exhibits described in Article 23 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. Page I of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" L1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro -geological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying, hydro -geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall beset forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 2.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project ("List of Design Professionals"), All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 2.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 2.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 2 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTOR 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 Page 3 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information i.e., record as -built drawings and legal site descriptions if they are available the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional, 3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors, reasonable access to the site. 3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish infoi7nation 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 Page 4 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. ARTICLE 4 CONTRACT AMOUNT 4.1 In consideration of the faithful performance by CONTRACTOR of the covenants in this Agreement to the full satisfaction and acceptance of OWNER, OWNER agrees to pay, or cause to be paid, to CONTRACTOR the following amounts (herein "Contract Amount"), in accordance with the terns 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 tern is defined hereafter), a total guaranteed maximum lump sum of Three Million Five Hundred Twenty Seven Thousand Five Hundred Dollars ($3,527,500) 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 -I 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/c57O.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 repotted policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038, Should the contract amount be less than $500,000, the requirements of Section 287,0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the CONTRACTOR shall, within fourteen (14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. Page 5 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 5.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder. ARTICLE 6 INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liabili: 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. E. Watercraft: $500,000 per occurrence. S ecial Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. Page 6 of64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR, 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, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B — Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE --The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverages 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 coverages and charge the CONTRACTOR for such coverages purchased. If CONTRACTOR fails Page 7 of 64 RPS# 21-7857 41DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Apr . The Work is to be completed in two phases (Le., the Design Phase, and the Construction Phase), the timely completion of the Design Phase is critical to the timely completion of the Construction Phase and, therefore, completion of the entire Project. The "Design Phase" Work means that portion of the work consisting of the design services required to be provided in connection with the design of the Project as set forth in the Contract Documents, which shall be performed consistent with the standards of professional care required of engineering consulting firms. The "Design Phase" is initiated following the effective date of this Agreement upon the CONTRACTOR'S receipt of a Notice to Proceed with Design from OWNER, and ending upon the OWNER's approval of the Construction Documents as set forth in Article 2, subsection 2.3.1, above, but no later than 226 days as set forth below. To the extent that the CONTRACTOR completes the Design Phase activities earlier than allowed, the savings in time to the schedule shall belong solely to the Project. The Construction Phase means that portion of the Work that begins with the OWNER's issuance of the Construction Notice to Proceed (following the OWNER's approval of the Construction Documents and sealed plans) and ending on the date of Final Completion of the Project, in accordance with the Project Contract Time calendar days set forth below. The OWNER has established a Contract Time of a maximum of 606 calendar days for the entire Project (the "Contract Time"), which includes 226 days for completion of design and permitting services (the Design Phase), and 380 days to final completion of construction services (the Construction Phase). The 380-day period of the Construction Phase consists of 320 days to reach substantial completion of the Contract Time from the Construction Notice to Proceed, and then 60 days thereafter to reach final completion. The "Commencement Date" initiating the Contract Time period shall be established in the written Notice to Proceed with Design to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of that Notice to Proceed the Page 8 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" Project. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Commencement Date shall be at the sole risk of CONTRACTOR If there is any conflict between the Section H. Contract Duration set forth in the Attachment A -- Design Criteria Package, and the time required in this Article 7 of the Agreement, Article 7 shall control. 7.2 The Work shall be substantially completed within 320 calendar days from the Construction Notice to Proceed 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 380 calendar days from the Construction Notice to Proceed date (herein the "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 ninety-two dollars ($2,592.00) for each calendar days 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 the 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 OWNERS'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 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 CONTACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay. CONTRACTOR's sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page 9 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 0 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 shal I 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 pail, through another contractor or its own forces, the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 7.12 Notwithstanding anything herein to the contrary, the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill al i 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 Page 14 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 0-E 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 OWNED 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 indemmnify, 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 later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 11 of 64 RPS## 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 PublicRecordReguest n colliercountyil_ og_y 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 tern and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. ARTICLE 11 INDEPENDENT CONTRACTOR 11.1 CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). ARTICLE 12 DISPUTE RESOLUTION 12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and CONTRACTOR arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48) hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. Page 12 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" ■ 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 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 Page 13 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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, orjudgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or Page 14 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 teriminate 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 15 of 64 RPS# 21-7857 i°DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 17A 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 TERNIINATION 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 16 of 64 RPS## 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 17 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 18 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 and Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Ivey 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 1: Truth in Negotiation Certificate The RPS #21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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/bidsyiic-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: THOMAS MARINE CONSTRUCTION, COLLIER COUNTY TRANSPORTATION INC, ENGINEERING 8999 High Cotton Lane 2885 South Horseshoe Drive Ft. Myers, FL 33905 Naples, FL 34104 Linda Solich, Office Manager Dennis F. McCoy, P.E., Sr, Project Manager Telephone: 239-337-0008 Telephone: 239-252-5726 Email: LSolichaTMC_FLA.com Email: Dennis.McCoy@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 19 of 64 RPS## 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" go 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 Tenns and Conditions. To the extent any conflict Page 20 of 64 RPS1121-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. (signature page to follow) Page 21 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Crystal K. Kinzel, Clerk of Court & Comptroller By: By: Penny Taylor, Chair Dated: (SEAL) Contractor's Witnesses: i L 1Z Lui/ fi��-CGC %V Contractor's First Witness - Signature *Type/print witness name* 7t Contractor's Second Witness — Signature *Type/print witness name* Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney THOMAS MARINE CONSTRUCTION, INC. By: Signature — Kevin C. *Type/print{] zed Agent President Page 22 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 0?-11 FAO EXHIBIT A-1 GMP and SCHEDULE (following this page) Page 23 of 65 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" ATTACHMENT A GUARANTEED MAXIMUM PRICE (GMP) PRICE PROPOSAL FORM SOLICITATION NO: 21-7857 SOLICITATION TITLE: Golden Gate Parkway over Santa Barbara Canal Bridge Replacement GMP COMPLETION: 546 Calendar Days From Notice to Proceed to Substantial Completion, plus 60 additional Calendar Days to Final Completion — for a Total of 606 Calendar Days overall, GMP PRICE PROPOSAL TOTAL GMP PRICE: I LS $3,527,500.00 DESIGN -BUILD FIRM NAME: Thomas Marine Construction, Inc. DESIGN -BUILD FIRM ADDRESS: 8999 High Cotton Lane Fort Mvers. FL 33905 AUTHORIZED AGENT SIGNATURE: PRINTED NAME: Kevin C.fSh TITLE: Pres The Guaranteed Maximum Price and Proposal Bond must be submitted separately in a sealed envelolae and delivered to: PROCUREMENT SERVICES DIVISION ATTN: Barbara Lance 21-7857 Golden Gate Parkway over Santa Barbara Canal Bridge Replacement 3295 TAMIAMI TRAIL EAST, BLDG C-2 - NAPLES, FL 34112 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. l 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. NOTE: TECHNICAL PROPOSAL SHALL BE SUBMITTED SEPARATELY ON-LINE VIA BIDSYNC PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Thomas Marine Construction, Inc. 8999 High Cotton Lane, Ft Myers, FL 33905 (herein after called the Principal) and Travelers Casualty & Surety Company of America , (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in tFe�City of Hartford and authorized to do business in the State of are held and firmly bound unto the Board of county commissioners of collier county(herein after called the Owner), in the full and just sum of 5% of the attached bid Dollars ($ 5% 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 21-7857 — Design Build -- Golden Gate Parkway over Santa Barbara Canal Bridge Replacement. 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 cer i�i tes of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ ° 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,l, signed and sealed this 28th day of April , 2021. Thomas Marine Cons ion, Inc. Principal BY (Seal) Travelers CasuaO &18urety Company of America Surety (Seal) Countersigned LAZu a"' Non - Local Resident Producing Agent for Travelers Casualt & Surety Company of America .. LA Travelers Casualty and Surety Company of America TRAVELERS � Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Linda DeVries of Grand Rapids, Michigan their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizences, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies In their business of guaranteeing the fidellty of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 4 ��►f°uulrp r o*`tr spy eL' M�MFpAq� w�mwsn, � �lY4f y CONIL � � pq w yoD�o � Y State of Connecticut';' By: City of Hartford ss. Robert L. Raney, Sehlbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Traveler; Casuaity and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 TAR , G � Marie C., Tetreaull, Notary Public This Power of Attomey Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now In full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any lice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is In writing and a copy thereof Is filed In the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, of conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, If required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seat of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attomey or certifcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it Is attached, I, Kevin E. Hughos, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by sold Companies, which remains in full force and effect. Dated this 2eN day of Apol 2021 �ri_f f Kevin E. Hughes, Ass tent Secretary To verily the authenticity of this Power of Attorney, please call us at 1-800-4213880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the powerls attached, 9 o fi�3 N LY N Z D LU ac V� G dj Q C tt-. O G iV N. C H O d T2 N2 ti o!�d I ' u y 7 w i � t Z N } r➢ R 4 _ GS rc a w O W a °• 6 �i m m �r e w is n 7 ? O a E Lo m pO F a 2 s di °C n ~ Q a f• --..i4 ar 'a 7 O n a o �. 00 g i r'n N a tk is W `t' ❑ O ro R O P V a c o F c Q.Q P [_1 i N J O N '� m N M H r�i rml N m N = Dz ul Cr/1 N i E s 1w u s N._ W V1..... _... _._. 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I ......................... 9 . ..... ...............19 Collier County I RPS No. 21 7857 I May 5, 2021 r�Bn1 @5 Desi rs Build - Ste 2 - Golden Gate Pk over Santa Barbara Canal Bridge Re tacement `` 8r q q B P xy 9 P CppSitnlGlO 1. Transmittal Letter & Executive Summary May 3, 2021 Collier County Government, Procurement Services Division 3295 Tamiami Trail East, Bldg C-2 Naples, FL 34112 Re: RPS 21-7857. Design Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement Dear Selection Committee: Enclosed please find our Step 2 response to RPS No. 21-7857 for the Design -Build of the Golden Gate Parkway Over the Santa Barbara Canal Bridge Replacement Project. This response is submitted on behalf of the Thomas Marine Construction, Bridging Solutions, LLC, and Johnson Engineering, Inc. Design -Build team. We have received, reviewed, and understand the requirements of RPS 21-7857 and agree to be bound by those requirements, including all addenda. Our Attachment A — GMP Price Proposal Page has been transmitted to you under separate cover. We acknowledge receipt of Addendum 1, Addendum 2, and Addendum 3. Kevin C. Shimp, PE will serve as the Construction Project Manager/Principal Contact person for TMC and Ralph Verrastro, PE will serve as the Design Project Manager for BSLLC and JEI. All technical communications from the County will be directed to Kevin and Ralph for dissemination to the rest of the team. Kevin's mobile phone number is (239) 707-0096 and his email address is kcshimp@aol.com. Ralph's mobile phone number is 239-216-1370 and his email address is ralph@bridging-solutions.com. Additionally, no changes to the project team or management staff are proposed in this Step 2 proposal. Thomas Marine Construction has been building bridges in Collier County on a nearly continuing basis for over three decades with much success and many included working with the team proposed here. Vehicles are safely driving over more than 30 bridges constructed in Collier County by TMC during their travels today! Many of those bridges were under contract with Collier County, FDOT, or the City of Naples and three are recent design build bridges using the exact format proposed for this project. We have the experience to make this project exceptional for all involved. We pride ourselves on no -change -order, quality construction, and on -time performance. The TMC, BSLLC and JEI team are genuinely excited about the prospect of working with Collier County to design and perform the construction required to replace the Golden Gate Parkway Bridge over the Santa Barbara Canal. We would take great pride in participating in the restoration of this local asset where we live and work. We appreciate the opportunity to present our technical understanding and approach for this project, and please contact us if you have any questions. THOMi MARINE CONSTRUCTION, INC ,1; 1 K V'in C. Shimp, PE, CGC President Sincerely, BRIDGING SOLUTIONS, LLC Ralph Verrastro, PE Principal JOHNSON ENGINEERING, INC. Ryan Bell, PE, PTOE Director of Transportation Collier County I RPS No. 21-7857 1 May 3, 2021 Design Bild - Step 2 - Golden Gate PkWY over Santa Barbara Canal Bridge Re lacenient ~"M5oalstruCtiof Project Executive Summary The Thomas Marine, Bridging Solutions, and Johnson Engineering design -build (DB) team is highly qualified for this project. All three firms have completed many projects with similar components in Southwest Florida, have knowledge and experience working with Collier County, and understand the local construction and regulatory conditions. Our team members have worked together on projects for clients throughout Southwest Florida (SWFL) and enjoy a productive working relationship with highly effective project delivery. The County will greatly benefit from our combined experience, capabilities, and resources that will ensure the success of this project. • We will work closely with County staff and the project stakeholders to meet the goals and objectives of this project consistent with the design -build criteria • We will deliver professional design, permitting, construction, project leadership, and management expertise that optimizes creativity, efficiency, and cost for an exceptional final project. • We will provide a robust public project outreach effort to inform and work with the public on their concerns utilizing Attachment A "Public Involvement Newsletter" format and other original information generated by our team. • We will provide design and construction services in full compliance with the county's outlined goals, county specifications, and FDOT Standard Specifications for Road and Bridge. • We will provide a safe, clean, and secure construction jobsite for both our workforce and the public by using the right equipment, tools, and materials to do the job right. • Thomas Marine operates as a "good neighbor and partner" with those impacted by the project by limiting noise to proper hours, providing dust and odor abatement, and addressing community concerns as the arise. • We will constantly monitor the critical path schedule to identify potential delays so they may be mitigated before they concern to bring "on time performance" for all project tasks. • We will construct attractive work and bring alternatives to the owner for reasonable aesthetic improvement to the basic FDOT design incorporated. • We will partner with all parties to build strong relationships that lead the project to success Having performed numerous similar bridge design build construction projects, we have developed an approach to help us get these projects done in the most efficient manner possible. Though site conditions will vary for every bridge project we do, the overall requirements and deliverables generally stay the same. Our standard "plan of attack" has served us well in the past and we believe is well -suited for this project. For the Golden Gate Parkway Santa Barbara Canal Bridge Replacement Project, the project management will be administered out of our Collier County office on site. The following activities provides a brief description of the steps we take in our approach to this bridge design build project. Project Goals and Objectives We understand the County's goal of providing the successful replacement of the Golden Gate Parkway Santa Barbara Canal Bridge (Bridge 030123) and two adjacent pedestrian bridge structures. Our team led by Thomas Marine will leverage decades of bridge design and construction expertise in Collier County and around SWFL to bring the project to fruition. Thomas Marine enjoys relationships with critical subcontractors and suppliers that allow us to assemble a complete and efficient team that has years of past projects successful constructed together. Together, we have the resources and capabilities to meet the goal and objectives required by the County. We understand the requirements of the proposed bridge replacement project which includes: • Removal and disposal of the existing roadway bridge with all its components including but not limited to the approach slab and pavement, bridge deck, railings, sidewalks and median (on bridge and beyond as required), superstructure with voided slab beams, end and intermediate bents, etc. • Removal and proper disposal of two (2) existing steel pedestrian bridges (1 on each side of the existing roadway bridge). The superstructure of each existing pedestrian bridges is a ±116'-0" single -unit comprising of -- (2) steel arch trusses, floor beams and concrete slab on metal deck. • Removal and disposal of sub -structures of the (2) existing pedestrian bridges. • Construction of a new bridge with approach slabs on each end to accommodate two 12-foot east bound traffic lanes, two 12-foot westbound traffic lanes, and two 12-foot-wide sidewalks (one each on north and south sides of the roadway). In addition, the new bridge structure shall be designed to accommodate a 13'-4" wide future landscape median, The typical section of the new bridge shall be principally consistent with that shown in the Reference Document R003.01 Conceptual Design Plans, The County prefers that the new bridge structure be constructed with, a concrete traffic railing at the median single slope (concrete) traffic railings between traffic lanes and sidewalks, and bridge pedestrian/bicycle railings (steel) at each bridge fascia. • The preliminary, estimated length of the bridge is ±111'-6". The new bridge structure shall not have pier/intermediate bent along the centerline of Santa Barbara Canal and must utilize a design having an odd number of spans. Collier Courtly i RPS No. 21.7857 i May 3, 2021 .rh0me5 ., Marin °n Design Build - Stem 2 - Golders Gate Pkwy over Santa Barbara Canal Bridge Replacement G°nstruCti • Design and construction of the new bridge structure shall accommodate the below listed requirements pertaining to Santa Barbara CanaL o New bridge structure shall be oriented perpendicular to centerline of Santa Barbara Canal right-of-way. Piles in bridge pile bents shall be parallel with the centerline of the canal in order to minimize impacts on canal flows and minimize the accumulation of floating debris and aquatic weeds. o Bottom of canal elevation shall be maintained as is. o Minimum conveyance area below the new bridge structure (after deduction for area for obstructions for substructures) shall be greater than or equal the conveyance area available below the existing bridge structure. • Removal of existing revetment (channel protection) under the bridge and design and installation of new Articulating Concrete Block Revetment System for canal channel protection. Canal side slope stabilization must incorporate bank stabilization methods into the design of the structure that are appropriate to the on -site soil conditions. • Maintenance of conveyance area for Santa Barbara Canal (greater than or equal to conveyance area under existing bridge structure) for the entire duration of the construction. • Reconstruction of roadway pavement for approximately 100 feet beyond the new approach slabs. • Providing a crest vertical curve between tie-in points of new construction to the existing roadway pavement (on both sides of the bridge) such that the new bridge, approach slabs and roadway pavement are constructed to enable the new bridge structure to satisfy the minimum vertical clearance noted above. • Providing new guardrails in conformance with the current standard; connecting guardrail to the (concrete) traffic railings on the bridge structure. • Improving drainage by use of inlets and side -drain piping to discharge drainage from new bridge deck into the canal; making any necessary modifications to the existing drainage system to meet the drainage design requirements for the proposed improvements. • Removing sidewalks approaching the existing pedestrian bridges and constructing new sidewalks to connect existing sidewalks in the bridge approaches to the sidewalks provided on the new bridge structure. • Removing and permanently relocating all utility lines mounted on the existing bridge structure per direction from the utility owners and maintaining and protecting all existing utility lines in the project vicinity per direction from the utility owners. • Design and implement maintenance of traffic for vehicles, bicyclists and pedestrian. Work may involve removal of existing landscape median in approach roadway, providing temporary pavement for implementing temporary crossovers followed by reconstruction and restoration of the landscape median at completion of construction. MOT design and implementation shall accommodate the following requirements: o At a minimum (1) lane of traffic in each direction through the work zone for the entire duration of construction. o Accommodate pedestrians and bicycles through the work zone for the entire duration of construction. o Maintain continuous access to all business and residences in the vicinity of the project for the entire duration of construction. Design -Build Project Delivery Our team has already put a significant amount of planning into this project as part of preparing the guaranteed maximum price (GMP). We know the County's standards and expectations, which allows us to move quickly through early design & permitting tasks and start construction activities. Thomas Marine Construction, Inc. (TMC) is proposing a cast -in -place concrete, continuous, flat slab superstructure for this bridge replacement in lieu of the Florida Slab Beam (FSB) superstructure provided in the County's concept plans. See the revised concept plans at the end of this section of our Technical Proposal for the details. The revised concept plans show maintaining the same bridge length and width but we have changed the span lengths to three (3) equal spans at 37'+1-. During final design, we reserve the right to modify these span lengths and bridge length as long as we meet the required design criteria. We will maintain the same construction depth of approximately 19" so the substructure in the County's concept plans is shown but we may consider changing the pile size to 18" piles and the associated reduction in substructure widths during final design. Our team members have worked together on design -build projects in the recent past, and we are well -experienced with how design -build projects should be managed and executed. With over 150 local employees, our team has the staff and resources to allocate to this project and ensure its success. Our team also offers the advantage of a prime contractor which (1) guarantees that construction crews will be available, and (2) avoids time lost to bidding services that would occur if a contractor is not on board at this stage. Furthermore, Thomas Marine will be self -performing a majority of the bridge and roadway work using a minimum of subcontractors, which will result in significant time savings. Similarly, Johnson Engineering and Bridging Solutions will self -perform all engineering and design components of this project that will streamline coordination efforts between the various engineering disciplines. Collici County i RPS No, 21-789 1 May 3, 2021 'rho nes Design Build • Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement ,,pstrUCtiOti .fit{� Project Management This project will require significant coordination and management efforts between design/engineering and construction teams, as well as with the County. Our management team is efficiently structured with one Senior Project Manager and three Project Managers assigned to the three major disciplines of this project. This structure is cost-effective for the County and provides for efficient communication, coordination, and decision making. All managers are local and have experience working together and with the County. Our management team will be hands-on throughout the entire process, working together and with the County to identify opportunities, address challenges, and mitigate risks. Our team has the resources of large competitors, but our management structure provides the attention and responsiveness of a small firm. The project team is sub -divided by design & engineering and bridge construction. Additionally, no changes to the project team or management staff are proposed. Engineering and Design The engineering and design phase is a critical task that lays the foundation for efficient construction. Design & engineering will be provided by Bridging Solutions and Johnson Engineering, They will provide survey, utility, bridge design, roadway design, landscape architecture, public involvement, and permitting services. Both Bridging Solutions and Johnson Engineering will also provide construction administration services and support Thomas Marine during construction. They will self -perform all engineering and design components of this project will streamline coordination efforts between the various engineering disciplines. This task includes; • Topographic survey and existing right-of-way verification • Detailed review and evaluation of the existing roadway and bridge field conditions • Confirmation of proposed equipment sizes. • Value added design modifications that would benefit the County. • Proactive design and permitting phase multidiscipline coordination critical to maintaining the schedule. • Confirming permitting requirements • Coordinate with utility owners, including the City of Naples, for the 36" raw water main on the south side of the road. • Developing maintenance of traffic plans • Preparation of Stormwater Pollution Prevention Plans (SWPPP) • Public outreach and two public meetings • Preparation of design documentation including typical section package, pavement design report, drainage design report, load rating summary, geotechnical report, settlement and vibration monitoring plan (SVMP), project technical special provisions, and bridge hydraulic report • Project 60%, 90%4, and final phase design submittals and review period with County staff. Noise and Odor Abatement On every project Thomas Marine constructs we strive to minimally disturb the community around us while the project is ongoing and this extends to Noise, Dust, and Odor abatement during construction. Attachment G "Air Quality Assessment Tech Memorandum" dated July 15, 2020 prepared for this project expects the project to remain in compliance with National Ambient Air Quality Service Standards (NAAQS). Construction activities may cause short-term air quality impacts in the form of dust from earthwork and unpaved roads. These impacts will be minimized by adherence to applicable state regulations and to applicable Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction. In addition to dust abatement, Thomas Marine strictly follows work hours for work generated noise as outlined by Collier County ordinance. Even within the flexibility of the restrictions we hold our work to a higher standard. If a local business, church, or school is to be affected by noisy activities (for example, pile driving) notice is given and sensitive times are avoided, Management of Construction Impacts to Surrounding Community Our team will utilize a similar format to Attachment A "Public Involvement Newsletter" as provided by Collier County in a constant effort to keep the public informed and engaged in the project as it progresses. Thomas Marine builds relationship that foster trust with neighboring impact business by being available to help in any way we can during the process. Some examples of our community efforts are included here. • Keep the Collier County School Board, EMS, Law Enforcement, Fire Departments, and Public Transportation aware of the project to coordinate minimal impacts to those important services. • Deliveries are scheduled at off peak traffic time if possible. • Assist disabled vehicles in the work zone as need. • Always be ready to assist law enforcement, fire departments, or EMS. = Keep a clean and safe work zone, • Practice dust abatement procedures to avoid off -site impacts. • Practice noise abatement procedures to comply with Collier County ordinances. • Be courteous in public interactions. • As community inquiries arise be diligent in directing to the proper party for response. What may not seem important us may be of utmost importance to a local citizen or business. Collier County I RPS No. 21-7057 i May 3, 2021 Design Build - Step 2 - Golder) Gate Pkwy over Santa Barbara Canal Bridge Replacement .o Thomas . �atine d opStructio Many of our team's engineers, managers, and workforce are members of this community. As such, we take pride in our projects and are involved from both the team perspective and that of the community. Minimization of Impacts to Maintenance of Operations From the time of Notice to Proceed for Construction the existing bridge and roadway inside the project limits becomes Thomas Marine's responsibility and maintenance of both the existing facility and newly constructed infrastructure is the team's to maintain. Additionally, within the project's limits are utilities but public and private that could require maintenance from the appropriate manager or agency. In such circumstance Thomas Marine can provide access with reasonable advanced notice. Our company has even been known to offer equipment assistance for no cost. We work with the utilities on nearly every job and a partnering approach leads to successful projects. Construction Traffic Control and Pedestrian Control Plans This project follow all appropriate FDOT 102-600 Series Indexes when preparing traffic control and pedestrian control plans for the project. Johnson Engineering has employees who can prepare, sign, seal these plans as necessary, and Johnson Engineering has employees with extensive roadway and transportation operations experience and Professional Traffic Operations Engineer (PTOE) certifications. We will work with the Collier County ROW Department in preparation of these plans and will incorporate any of their requirements. The major traffic control plan for this project will be when working within the County ROW in close proximity to the roadway. Site Security Plans We will install the temporary site fencing or barricades as needed during construction to provide site safety and security. We will secure our construction storage areas and utilize secure storage containers. We are a local company and as such check our jobsites regularly during non -work hours. Because of Thomas Marine's history in the community we have a strong relationship with law enforcement. Often daily patrols are increased on our jobsites to mitigate security risks for a security and safety benefit for the whole community. Site access during construction will be controlled, and only authorized personnel will be allowed onsite. Camera technology can by utilized for jobsite monitoring as needed. Vehicular and pedestrian traffic will be maintained during all construction activities by strict adherence to FDOT Maintenance of Traffic policies and those outlined in the National Manual on Uniform Traffic Control Devices by the FHWA. Meetings One of the greatest benefits of our team is the fact that we are local. Our management staff can meet with the County as necessary and on demand. We will never be more than a phone call or 30 minutes away. We place great importance on meeting in -person or via video conference because it makes us accountable to our clients. If desired by the County, we have the capabilities to host video conference meetings using Microsoft Teams, GoToMeeting, or Skype. County staff will not have to navigate a convoluted maze of project managers with our team because we avoid unnecessary and extraneous management structures, • Kickoff meeting at start of project to review project objectives and initiate coordination with County staff. We will schedule a kickoff meeting within two weeks of the NTP to lay out our plan for the project. • On -site meetings and preliminary field investigations with County staff to identify their concerns and/or preferences at an early stage, • Preliminary design meeting. • Design -review meetings at 60% and 100% plans to field questions and incorporate comments from County staff, including operations and maintenance staff. • Biweekly progress meetings to keep everyone up to date on where the project stands. • Additional meetings as necessary to coordinate with supplies, regulatory agencies, etc. • Two public meetings as necessary to inform residents of upcoming activities. • Our team will prepare all agendas and meeting minutes, maintain project documents, update project schedules, tracking and forecasting budgets, and preparing monthly written updates. Schedule Our team has developed a task -specific schedule which is included in this package. Our proposed schedule is approximately 22 months, includes approximately 14 months of construction, and meets the schedule specified by the County. A more detailed project schedule is provided in Section 2. We have the capacity to design and construct all components within the specified timeframe by overlapping design and construction activities as is the intent of the design build delivery system. Our approach will be to prepare an early release Collie€ County i RPS No. 21-7857 � May 3, 2021 'fhpme$ Design Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement MarlfruCtlpn �pp5 foundation package for approval shortly after we get approval for our 30% bridge plans. This allows an early project start and makes the foundation only dependent on 30% plans (including geotechnical analysis) and permitting. Thomas Marine plans to allocate the needed resources in the form of crews and equipment to the project as construction of the various components progresses. Because Thomas Marine will be self -performing a majority of the bridge and roadway work using a minimum of subcontractors, TMC maintains exceptional control of the project schedule. Thomas Marine will be utilizing less than 113rd of the company's available capacity to construct this project thus allowing additional crews to be mobilized to this project as necessary to meet the proposed schedule. A notable advantage our team proposes in the design of this project is the cast in place deck construction. A large number of flat slab deck bridges (mostly due to phasing or span lengths not required on this project) are slated for production in the next 2 years. SW Florida has a very limited number of precast yards to meet the high demand thus removing some scheduling control from our team. Scheduling advantages related to the CIP concrete slab approach are realized by the fact that concrete and reinforcing steel are readily available and the delivery of the ready -mix concrete to the jobsite is very reliable. FSBs are delivered on very large tractor trailers under high traffic volumes on this road. In today's market we have difficulty getting an adequate number of flatbeds trucks to deliver the FSBs in a timely fashion. Unfortunately, we end up accepting the delivery of the FSBs over multiple days instead of in one day which is preferable and more cost effective. Critical Paths In complex design build construction, more of the activities required for maintaining a successful project are on the critical path (if they are delayed, the whole project is delayed) than are not on the critical path. A schedule showing the critical path dependencies is included in the document on page 15, This team includes the relationship and experience to constantly monitor the critical path for the project to ensure no delays will occur. By self performing the majority of the field construction with our own forces project control is maintained by our team and not susceptible to outside parties delaying planned work. Public Outreach Community awareness and communication will be critical to the success of the Design -Build project, Johnson Engineering will head up the public information and community outreach portions of this project. This project Includes dynamic bridge construction and phase traffic patterns. The community will be involved and informed for the duration of the project. A 4' x 6' project sign displaying the critical project information will be provided to the County for review. Once approved, this sign will be used as an information tool for the community. If any disruptions occur on the project, notifications to the affected residence or business will be provided and every effort to minimize the impacts will be made by our team. Innovative Approach to Project Delivery Thomas Marine Construction, Inc. (TMC) is proposing a cast -in -place concrete, continuous, flat slab superstructure for this bridge replacement in lieu of the Florida Slab Beam (FSB) superstructure provided in the County's concept plans. See the revised concept plans at the end of Section 3 of this Technical Proposal for the details. The revised concept plans show maintaining the same bridge length and width but we have changed the span lengths to three (3) equal spans at 37'+l-. During final design, we reserve the right to modify these span lengths and bridge length as long as we meet the required design criteria. We will maintain the same construction depth of approximately 19" so the substructure in the County's concept plans is shown. However, we will consider changing the pile size to 18" piles and the associated reduction in substructure widths during final design. The following narrative describes our reasons for proposing this superstructure substitution. Before concluding on the CIP concrete, continuous, flat slab approach, we evaluated some other more innovative bridge systems that could be constructed in a true Accelerate Bridge Construction (ABC) approach, However, we determined that both of the following systems could be constructed in much less time but for a cost premium of 15% to 30%. We were concerned that a higher Guaranteed Maximum Price would not be counter balanced by the technical score to allow us to be the winner of this design build selection process. If the County decides they are interested in evaluating fixed budgets for these alternatives that can reduce the delivery time by up to 3 months, we can provide cost proposals after we are selected as the preferred design build team, The 3-month time savings would provide savings to the County as a result of a reduced fee for the CEI services that would offset some of the increased construction cost. The other innovative bridge type alternatives we evaluated included the following bridge systems. A more detailed description of these alternatives in Section 3 of this Technical Proposal. 1. A single 100-foot span bridge using fiber reinforced composite tub girders with precast concrete decks (CT Girder bridge system by AIT Bridges), These bridge deck panels are delivered with a full depth precast concrete decks that allows for the installation of the bridge sections for each phase in one day, The CT Girder deck panels only require small closure pours between the deck panels using epoxy grout or ultra -high-performance concrete. See the detail below of the CT Girder with a full depth precast concrete deck that was prepared by AIT Bridges and will be incorporated into bridge replacement plans being prepared by T.Y. Lin for the replacement of a bridge on Marco Island with a 100-Foot span. Collier Counly 1 RPS No. 21-7857 1 May 31 2021 Tfi0ma5 Design Build - Step 2 - Gold€ Gale Pkwy over Santa Barbara Canal Bridge Replacement MOW ti° A 2, A three (3) span bridge using prestressed slab beams with conventional keyways with transverse post tensioning, waterproofing membrane and asphalt wearing surface. This approach eliminates the need for a cast -in -place concrete slab/topping which saves a largeh amount of time. The use of steel railings instead of cast -in -place concrete barriers would be considered because that is the fastest way to construct a bridge using an ABC approach. See the photograph of the Rock Ridge Road bridge during construction showing the slab beams and transverse post tensioning rods, ., Cost Advantages of CIP Concrete Flat Slab Bridge' TMC estimates the savings to the County (which is already accounted for in our Guaranteed Maximum Price) to be in the range of $300,000 by changing from the proposed precast concrete Florida Slab Beam (FSB) with cast -in -place (CIP) concrete topping superstructure to a cast -in -place (CIP) concrete, continuous, fiat slab superstructure. This savings is all being realized by the County instead of the more common approach as part of Cost Savings Initiatives (CSIs) where the savings is split between the contractor and the County. TMC views the FSBs as expensive forms that only add cost with no added benefit. TMC proposes to use the custom steel forms we already own for this bridge instead of the expensive forms we would need to buy from a precaster. The cost of these custom steel forms has been amortized over numerous other bridges which allows TMC to only charge the County for the nominal cost to maintain these forms instead of the full purchase cost. The 6.5" minimum thick concrete slab/topping that is required over the FSBs requires all the same steps (and cost) that is required to install a full depth flat slab. The cost savings are explained in more detail in Section 3 of this Technical proposal. In conclusion, the cost of purchasing FSBs from a precaster, shipping them to the site, and installing on site with a large crane is much higher than installing forms we already own, purchasing and installing the additional reinforcing mat, purchasing and installing the additional 12" of concrete, and salvaging the custom steel forms. Time Advantages of CIP Concrete Flat Slab Bridge TMC estimates the time to construct the Golden Gate Parkway bridge using a CIP concrete flat slab bridge system to be approximately the same as it would be to construct the bridge using precast concrete FSBs with a concrete topping. In fact, we have concerns about the potential for delays related to the on -time delivery of the precast FSBs due the large number of bridges that are scheduled to be in construction in Collier County over the next 18 months and the limited number of precast plants in southwest Florida. The other risk factor is related to the potential of storage or handling damage to the relatively thin keyway flanges on the FSBs which could seriously delay the project. Bridging Solutions (BSLLC) staff gained first-hand knowledge of this possibility last year on a project where BSLLC provided Specialty Engineering services for S&S Precast. Several of the FSB keyway flanges were damaged during manufacturing and storage which caused delays on a project in Venice, Florida. This type of risk from delay is eliminated by using our custom steel forming system that is ready for use in TMC's storage yard. In addition, to reduce the time to install our forming system, we install sleeves in the concrete caps during the forming operation that allows for a quick installation of the anchor bolts that support our forming system. Time advantages related to the CIP concrete slab approach are realized by the fact that the delivery of the ready -mix concrete to supply the pump truck in the middle of the night is very reliable. FSBs are delivered on very large (cumbersome) tractor trailers during the day (under high traffic volumes on this road). In today's market we have difficulty getting an adequate number of flatbeds trucks to deliver the FSBs in a timely fashion. Unfortunately, we end up accepting the delivery of the FSBs over multiple days instead of in one day which is preferable and more cost effective. Quality Advantages of CIP Concrete Fiat Slab Bridge Bridging Solutions and most other bridge engineers (including FDOT bridge engineers) would agree that a CIP concrete flat slab bridge will provide a longer maintenance free life than a bridge constructed using precast prestressed concrete slab beams. Evidence of this fact can be found in the FDOT Bridge Inspection Reports for the existing older bridges in Collier County. The existing Golden Gate Parkway bridge is a prime example. This prestressed slab beam bridge is only 50 years old and is being replaced much sooner than if it was built using CIP concrete construction. There are 5 bridges that are currently being replaced by Collier County near Immokalee. These bridges are being replaced because of deteriorated timber piles while the CIP concrete slabs are in excellent condition after 73 years of service. The primary reasons for the early demise of bridges that consist of prestressed concrete slab beams and the key advantages of CIP concrete slab bridges is explained in more detail in Section 3 of this Technical Proposal. .y7bomfls Collier County i RRS No. 21 7857 I May 3, 2021 :IncDesign Build - Ste 2 - Golden Gate Pk over Sanla Barbara Canal Bridge Rc lacerwrit `'` �18i1q [1 9 P u9' 9 'P consiru�tlo Bridge Aesthetic Improvement Supplemental Cost Alternatives Section 3 of our Technical Proposal describes the details of TMC's suggested aesthetic improvements to the bridge concept plans for the County's consideration. These alternatives would require some additional cost over the proposed Guaranteed Maximum Price that could be negotiated during contract negotiations between the County and TMC. The following narrative briefly describes these alternatives but see Section 3 for a full description illustrated with additional graphics. SUPPLEMENTAL COST ALTERNATIVE I I hnifi, tIe Barriers/Adel Raised Side�,lj tlk< and Texas Ae�tht,Uc Barrier These proposed aesthetic improvements could be provided for a small additional cost to the proposed Guaranteed Maximum Price (GMP). After we gain concurrence for some of the details with the County during negotiations, we may be able to include these aesthetic embellishments for the same GMP. The FDOT standard concrete barrier walls shown along the curb lines on the typical bridge section in the bridge concept plans would create "cavern or tunnel" feel for motorists and pedestrians. Incorporating improved aesthetics would also be more consistent with the County's future plans to add a landscaped median on the bridge. In addition, since this bridge is located in a mixed -use commercialfresidential area with numerous pedestrians, we believe the local residents and business owners would appreciate having a new bridge with improved aesthetics. This aesthetic improvement approach would also be consistent with the improved aesthetics that were incorporated into the design of the other bridges nearby at Golden Gate Parkway over 1-75 and Golden Gate Parkway over Airport -Pulling Road. We propose to eliminate the barriers along the curb lines and replace them with raised curbs and sidewalks similar to the design on the Golden Gate Parkway bridge over 1-75 (see attached photo). The posted speed limit is 35 MPH on this section of roadway so the curb line barriers are not required by FDOT Design Manual. The approach W-beam guardrail shown in the County's concept plans would also be eliminated since its primary purpose is to provide a transition from the fixed end barrier. We would extend a curbed section off the end of the bridge an appropriate distance to channel the bridge runoff to a drainage inlet at each quadrant. We recommend installing the Texas standard (aesthetic) barrier along the outside edges of the bridge to provide an aesthetic embellishment while providing drop off protection of motorists, pedestrians and bicyclists. We could apply a FDOT Class 5 surface finish in a color or colors selected by the County. The Texas standard barrier has been crash -tested and is appropriate for roadways with posted speed limits up to 45 MPH. This barrier provides openings through the barrier that improves the view of the water in the canal for motorists and pedestrians. In case anyone on the selection committee is not familiar with the appearance of the Texas standard barrier we provided some photographs in Section 3 of this Technical Proposal of some bridges designed by Bridging Solutions staff that have been built in southwest Florida for local municipalities. We also provide a full description of the aesthetic details available when designing a bridge with using the Texas barrier to meet the owner's aesthetic preferences. SUPPLEMENTAL COST ALTF.RNATIVF' 2 -Tex;as l=�an—ier �Vith Steel Hand R ad If the County prefers a shorter Texas barrier with a steel handrail on top instead of 4-foot-tall barrier shown in Alternative 1, the _ l ,r details below are an option to consider. TMC could provide a �f�i J s supplemental cost proposal duringcontract negotiations for the iWit PHinstallation of this shorter Barriewith a steelghand rail which .tT would cost more than Supplemental Cost Alternative 1. SUPPLEMENTAL COST ALTERNATIVE 3 - Texas Barriir �&6th A(,-asthetic Litwah[hig Fixtin-es If the County wants to consider further enhancements to the aesthetics of this new bridge, TMC could provide supplemental cost proposals during contract negotiations for the installation of various types of custom lighting fixtures. The attached photographs below are examples from projects designed by Bridging Solutions staff. The top photograph is from the Melbourne Street bridge in Charlotte County where the local CRA committee selected the period light fixtures similar to lights that were installed in a park nearby the bridge site. The bottom photograph shows low level LED light fixtures that were cast into the pilasters of the Texas t 3 l standard barrier on the new bridge at the World Tennis Club on �+ s: Airport -Pulling Road in Collier County. Collier Courity I RPS No. 21-7857 j May 3, 2021 r1lUiT1�5 4 RrtU p Design Build - Step 2 - Golden Gate Pkwy over Santa Bafbara Canal Bridge Replacement % �D�gtN�tiO 01_A0 2. Project Team Approach The Thomas Marine Construction, Bridging Solutions, LLC, and Johnson Engineering design -build (DB) team is highly qualified for this project. All three firms have completed many projects with similar components in Southwest Florida, have knowledge and experience working with Collier County, and understand the local construction and regulatory conditions. This team has worked together on many projects for clients throughout Southwest Florida and enjoys a productive working relationship with highly effective synergy. The County will greatly benefit from our combined experience, capabilities, and resources that will ensure the success of this project. Thomas Marine Construction has been in continuous operation since 1982. Thomas Marine is an independent division or Owen Ames Kimball Company. We operate as a small company but benefits from the exceptional insurance, bonding capacity, and employee benefits of the parent. We offer personalized small company service yet are backed by 130 years of employee owned stability and financial strength. Thomas Marine Construction is led by Kevin Shimp, PE, president, and Mark Mabee, vice president. Each of the division's bridge or roadway crews is led by a superintendent with a range of experience from 18 to 32 years. The company retains approximately 35 additional employees including equipment operators, carpenters, laborers, mechanical support, truck drivers, accounting staff, and an EEO officer many of whom have been employed by the company for many years. Thomas Marine Construction owns all the equipment needed to construct the work for which it is prequalified. The list of equipment on our job sites every day include friction cranes, pile hammers, sheet pile hammers, three bridge deck screed machines, excavators, a long stick excavator, demolition hammers, front end loaders, compaction equipment, motor graders, dozers, dump trucks, specialized steel and modular forms, sectional barges, trucks, welders, and generators. Each crew is a self-sufficient entity which could be working miles from the nearest power source or in the middle of town. The company has constructed bridges, built complex water control structures, dredged waterways, installed drainage, and moved earth while constructing civil structures across all of the SW Florida area for nearly every governmental body (local, state and federal) in our geographic area. In recent years TMC added roadway, excavation, and drainage work to our highway bridge self -perform capabilities and is Prequalified by FDOT in each work class. As a result TMC offers significant cost and scheduling advantages to Its clients. Few local companies claiming bridge design -build project experience have the manpower, expertise, experience, and equipment Thomas Marine Construction possesses for this specific project. Bridging Solutions, LLC provides specialized bridge and structural engineering services in the Land Development and Transportation market sectors throughout Florida. The firm's clients include FDOT, local municipalities, land development firms, contractors, community associations and other engineering firms. Structural engineering services include vehicular and pedestrian bridges, retaining walls, sea walls, box culverts, drainage structures, and transportation traffic signal structures. Services cover both new design and the evaluation and rehabilitation of existing structures including inspections during construction. We are pre -qualified by FDOT to provide structural engineering services in the following work groups: 4.1.1 - Miscellaneous Structures, 4.1.2 - Minor Bridge Design, 5.1 - Conventional Bridge Inspection, and 5A - Bridge Load Rating. Johnson Engineering, Inc. is a full -service engineering firm founded in 1946 and based out of Fort Myers with satellite offices located in other municipal areas throughout Southwest Florida. Johnson Engineering provides the capabilities and resources of large firms and the agility and responsiveness of a small firm. Johnson Engineering's extensive suite of in-house design and engineering services will provide the County with a one -stop shop for all design and technical aspects of this project. We anticipate that our transportation group will provide the core services for this protect Our utilities, planning, survey, environmental and drainage' groups will provide support and input a needed' f E y '7 y a It >i'��i Collier County I RPS No. 21-7657 i May 3, 2021 �j10m�5 Design Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement .�nstril�ti�p Responsibilities The project team is sub -divided by design & engineering and bridge construction. Design & engineering will be provided by Bridging Solutions and Johnson Engineering. They will provide survey, utility, bridge design, roadway design, landscape architecture, public involvement, and permitting services. Both Bridging Solutions and Johnson Engineering will also provide construction administration services and support Thomas Marine during construction. They will self -perform all engineering and design components of this project will streamline coordination efforts between the various engineering disciplines. Bridge, roadway and drainage construction will be performed by Thomas Marine. Our crews have a tremendous amount of experience in the area and understand local conditions better than anyone else out there. In fact, our nearest successful bridge project to this project is only 4000 ft away from this bridge. Thomas Marine has a management team that consists of 3 civil engineers, 2 project managers, human relations staff, and 5 superintendents that have successfully manage all aspects of construction projects just like this one for decades. c0141.ty Mlurines fua Construct Kevin ShimR PE, CGC Project Manager / Princioal -in- Charae CONSTRUCTION TEAM ,„-'Names coos", can Kevin ShimRPE,CGC Construction Project Manager �yhamas r EI t= r e r r. a s>; c �arst�cttau James "Vee' Lofton :E� Can Contractor Quality Darren Watkins, El Control ( General Superintendent .�rhalnas MOO Canst Ic1IRa Mark Mabee Vice President Project Manager CAPITAL AdamAhmad, PE, AICP,CGC Construction Aerial Drone Photography rlismas Marine cltun ,� cunatru Sam Mathews Project Superintendent I ,Yhamas .o. Marine FRIn Con struetto Field Crews D R I D ING SOLUTIONS RalphVerrastro, PE Design Project Manger Eii,ItlDC.INC. EN GINIERIE7G i SC1L_1'HoNs josh Hildebrand, PE,PTOE __ Rolando Corsa,PE TremayneWhitfield Bridge FOR Leah Holmes, PE Roadway/Civil Engineer ENGINLEHtNG IrdGINEEIt1I,6 AndrewTilton, PE Michael Dickey, PE fiickAcosta, PE, CFM Rilly Saum, PE Drainage Utilities ENGINEERING EtIGINEtRIN6 Laura Dejohn,AICP Laura Herrero,CE Public Outreach Support Environmental ENGINEERING << GuyAdams, PSM Jeff D'huywetter, PE Survey Geotechnkal Collier County I RPS No. 21.7857 1 May 3, 2021 nm $ ;~ marinectlalt 10 Design Build - Step 2 - Golden Gale PkM over Santa Barbara Canal Bridge Replacement t � �gtygtrU 0 Management This projectwillrequiresigniflcantcoordination and management efforts between design/engineering and construction teams, as well as with the County. Our management team is efficiently structured with one Senior Project Manager and three Project Managers assigned to the three major disciplines of this project. This structure is cost-effective for the County and provides for efficient communication, coordination, and decision making. All managers are local and have experience working together and with the County. Our management team will be hands-on throughout the entire process, working together and with the County to identify opportunities, address challenges, and mitigate risks. Our team has the resources of large competitors, but our management structure provides the attention and responsiveness of a small firm. Kevin Shimp, PE, CGC Cormruction Project I�iai1 ac c rlPrincip�il iii Cl��art e Kevin joined Thomas Marine Construction in 1998 as an estimator and project manager. He has estimated and managed various heavy civil structure and roadway projects with a focus on bridge construction since that time. In 2007 Kevin was promoted to President of TMC. He is responsible for all daily business operations and field construction from estimating through project close out on projects large and small. In his experience Kevin has successfully managed many design - build projects starting with SR80, one of FOOT's pilot design - build projects in 2003. Since that first project, Kevin has been lead or a team participant in over 17 additional design - build civil works projects. Kevin is familiar with all aspects of bridge construction including permitting, design, roadway construction, drainage, and supporting utilities installation Ralph Verrastro, PE Design Projeci P IEanager Ralph Verrastro, PE specializes in the design, inspection, evaluation, technical supervision, and quality assurance/quality control for new and rehabilitation bridge projects. He graduated with a BS in Civil Engineering from Cornell University in 1976. His career includes bridge design experience throughout the United States and he is a registered Professional Engineer in 37 states. Mr. Verrastro is a technical expert in the use of fast - track repair/replacement methods using prefabricated bridge components also known as Accelerated Bridge Construction. He frequently provides technical presentations on engineering topics at industry conferences including the International Bridge Conference. Mr. Verrastro is the past President of the FES Calusa Chapter, past State Director, past Zone VI Vice President and past ACEC-FL Region 6 Director, In 2018, Mr. Verrastro was selected to receive the statewide Engineer of the Year Award by the Florida Engineering Society. Rolando Corsa, PE (Bridging Solutions) Bwidgo Lngincer of Recovd Mr. Corsa has been a bridge engineer since 2000 and is currently a Senior Bridge Engineer with Bridging Solutions, LLC. After graduation from University of South Florida in 2000, his experience in bridge engineering has involved: the design of new bridges and transportation signal/sign structures; inspection and rehabilitation of existing bridges; and the inspection and load rating of bridges per FDOT requirements. He is also a Certified Bridge Inspector (CBI). His new bridge design experience has included simple and complex superstructure types including: 3 and 4 sided concrete box culverts, simple and continuous concrete slabs, simple and continuous composite steel rolled beams and welded plate girders, steel trusses, precast concrete arch elements, prestressed adjacent slab units with transverse post tensioning for simple spans, prestressed concrete composite AASHTO and FL I beams. His new transportation signal structure design experience includes mast arms and strain poles supported on drilled shaft and spread footings Josh Hildebrand, PE, PTOE (Johnson Engineering) Roadway F. tigineer of Re(wd Josh currently serves as an engineer and project manager in our transportation group. With his primary focus on corridor design and post design construction assistance, Josh understands what must be done to successfully plan for and design roadway projects to best serve both the client and the public's needs. Under the direction of Ryan Bell, Josh has worked on various projects throughout Southwest Florida including several roadway and pathway projects in Collier, Lee, Hendry, and Charlotte Counties. Josh will serve as the deputy project director/scheduling on this project. Josh is currently serving as the project manager for the Golden Gate Boulevard Phase 11 CEI and Verification Testing contract for Collier County, Personnel Leah Holmes, PE (Johnson Engineering) Roa(NA,+ay/C ivll Erighiocr Leah is an engineer in our transportation department and provides experience performing roadway and pedestrian facility design, lighting design, and signal design and timings. Leah has also completed various types of traffic analysis's, lighting design reports and constructability studies along with various roadway design functions and associated permitting all throughout Southwest Florida, Born and raised in Southwest Florida, and a graduate of Florida Gulf Coast University, James "Vee" Lofton (Johnson Engineering) Contractor Quality Control Vee isthedirector ofourCElteam. Hehas30yearsofexperience in roadway and bridge construction and project administration. Vee is also a former Consultant Program Manager for FOOT. Working out of the Fort Myers Operation Center, he was in charge of overseeing consultant CEI projects. His experience with FDOT gives Vee an in depth understanding of what the Department expects from their CEI consultants. Vee will serve as the senior CEI project administrator. His primary function will be Quality Assurance and Quality Control as well assisting with FDOT coordination. Collier Coufny I RPS No. 21-7B57 1 May 3, 2021 '��uttlS %%N marinectlon Nsign Build - Step 2 • Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement � ��pgirU Andrew Tilton, PE (Johnson Engineering) Drainage Andy is the director of the water resources market group. Andy has served as the senior engineer for surface water on many of the firm's projects, ranging from residential to agricultural to roadway projects. He provides direction for monitoring, permitting, design and construction related issues. Andy enjoys a solid rapport with local regulatory agencies. He has worked on the South Lee County Watershed Plan, various versions of the Lee County Surface Water Master Plan, the Six Mile Cypress Watershed Pan, and the NPDES MS-4 permit application for Lee County. Rick Acosta, PE, CFM (Johnson Engineering) Drainage Rick is a stormwater engineer on the surface water management team. He handles the design and permitting of surface water management systems that service mixed use developments, roadways and municipal projects. Rick is also a Certified Floodplain Manager and is accomplished in backwater profile modeling for adjustments to FEMA FIRMs. His modeling experience also analyzes water quality for treatment facilities related to municipalities achieving their obligations under the TMDL program, including one for the City of Fort Myers following the construction of one for Lee County. He has modeled many residential sites for floodway adjustments and recently completed a roadway alteration for an FDOT CSIP, Laura DeJohn, AICP (Johnson Engineering) l lAAC NbTZIcl1 SLIpport Laura is the director of the firm's planning and landscape architecture group. She has 23 years of professional experience in the planning field in Southwest Florida. Prior to joining Johnson Engineering in 2004, Laura served over five years as a planner for the City of Naples, Florida, where she assisted with preparation and implementation of the Airport Noise Impact Zone Land Use Regulations according to the Naples Airport Part 150 Study. Guy Adams, PSM (Johnson Engineering) Sijruc,y Guy has been surveying in Collier County for the past 40 years with over 32 years' experience as a licensed professional. He has a proven track record with clients such as Collier County, Florida Dept. of Transportation, Florida Dept. of Environmental Protection, South Florida Water Management District, City of Naples, Naples Airport Authority, Collier County Public Schools, private landowners, architects, engineers, and developers, Guy is thoroughly familiar with many aspects of the Surveying and Mapping profession. Drawing on his vast surveying experience he is responsible for projects like, control surveys, construction staking, as-builts, boundary surveys, right of way surveys, platting, sketch and legal descriptions, topographic surveys, and hydrographic surveys. Michael Dickey, PE (Johnson Engineering) I�tllltEE'f; Mike is the director of our utilities market group. He has 23 years of experience and has designed utilities for various developments, private utility companies, and municipalities. His utility experience includes master planning, hydraulic modeling, design of water distribution systems, wastewater collection systems, irrigation systems, and pumping facilities. Prior to joining Johnson Engineering, Mike worked for a local utility contractor which gave him a unique perspective of how the utilities he designs today come together in the field. With both utility design and construction experience, he has a comprehensive understanding of the entire utility development process from planning to design, to permitting through construction. Laura Herrero, CE (Johnson Engineering) EnvimlltYientai Having joined the Johnson Engineering environmental department in 2000, Laura is now a principal ecologist and serves as director of the firm's environmental consulting team, whose ecologists have more than 100 years of combined experience. Her duties include SFWMD and ACOE wetland jurisdictional determinations, protected species surveys, habitat and .species management plans, coordination and permitting with the FWC and FWS, FWS Biological Assessments and Biological Opinions, wetland/listed species mitigation proposals and mitigation monitoring, Environmental Resource Permit and Federal Dredge and Fill applications, as well as follow-through to permit issuance and post -permit compliance. She is also an FWC Authorized Gopher Tortoise Agent and FAA Qualified Wildlife Biologist. Jeff Whuyvetter, PE (GFA International, Inc) Mr. D'huyvetter joined GFA International, Inc. in 2014 and is the senior engineer for the Fort Myers engineering operations of GFA. He also assists with the oversight and engineering for airport and Army Corps projects throughout south Florida. Operations include geotechnical evaluations, construction materials testing, structural design, building inspection, threshold inspection, forensic and plan review services for residential, commercial, public and industrial projects. For over 26 years he has worked on a variety of projects throughout the southeastern United States encompassing both design and construction. He has a wide range of experience in geotechnical, materials testing and engineering, and inspection services. Mr. D'huyvetter has focused on quality assurance and quality control for construction of major projects. Adain Ahmad, PE, AICP, CGC (Capital Consulting Solutions) Construction Aerial Drone Niotagraphy Adamhas 11 years of comprehensive experience encompassing all phases of planning and design and production for civil/ site work projects. He is experience in a variety of planning, engineering, technical, analytical, statistical, graphical, public involvement and project review activities. Collier County I RPS No. 21-7657 1 May 3, 2021 'fbom�s 12 . Sarin Design Build - step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement CpngtrliCt��p Meetings One of the greatest benefits of our team is the fact that we are local. Our management staff can meet with the County as necessary and on demand. We will never be more than a phone call or 30 minutes away. We place great importance on meeting in -person or via video conference because it makes us accountable to our clients. If desired by the County, we have the capabilities to host video conference meetings using Microsoft Teams, GoToMeeting, or Skype. County staff will not have to navigate a convoluted maze of project managers with our team because we avoid unnecessary and extraneous management structures. For this project, we proposed the following approach to meetings: • Kickoff meeting at start of project to review project objectives and initiate coordination with County staff. We will schedule a kickoff meeting within two weeks of the NTP to lay out our plan for the project. • On -site meetings and preliminary field investigations with County staff to identify their concerns and/or preferences at an early stage. • Preliminary design meeting. • Design -review meetings at 60% and 100% plans to field questions and incorporate comments from County staff, including operations and maintenance staff. • Biweekly progress meetings to keep everyone up to date on where the project stands. • Additional meetings as necessary to coordinate with supplies, regulatory agencies, etc. • Two public meetings as necessary to inform residents of upcoming activities. • Our team will prepare all agendas and meeting minutes, maintain project documents, update project schedules, tracking and forecasting budgets, and preparing monthly written updates. Project Information and Document Management We understand the value and importance of effective and efficient project management for a design build project. Project Management is an important aspect of this project. Our team has prepared a project management information system template for this project to organize critical project information and present itto the stakeholders, The template will be updated at every progress meeting to ensure the stakeholders have the current project information. The project management template is included in this proposal package. We can add additional project information as directed by the County. Our team is dedicated to keep the project within the scope, schedule, and budget. Our team will utilize industry -accepted practices for information management. This project will generate a significant amount of documentation, which our team will electronically archive and provide to the County as a deliverable. Documentation will include plans, design reports, construction observation reports, complaint reports, QAIQC inspection reports, and change order Logs. We have prepared a draft PMIS agenda that may be used for this project. Additional items may be added at the request of the County. We will host and maintain a OneDrive document hosting portal that will archive all critical information and documents. Web links and access codes will be created for all project stakeholders to access these documents. This document hosting portal has been used by our team on other projects for Collier County.. Our management team will prioritize in -person or video conference meetings because we understand that the County's staff will not Have time to review every document/detail during construction. Meetings provide opportunities to discuss important items without getting lost in pages and pages of documentation. Collier Caurily i RPS No. 21-7857 1 May 3, 2021 Thongs 1 DLsi n Build - Slop? - Golden Gate Pk over Santa Barbara Canal Bride Replacement %, � �a sl I 9 P- wy 9 P ,` 0°n5trUCfi°q (A Schedule Our team has developed a task -specific schedule which is included in this package. Our proposed schedule is approximately 22 months, includes approximately 14 months of construction, and meets the schedule specified by the County. We have the capacity to design and construct all components, including the allowance work items, within the specified timeframe. Thomas Marine plans to allocate the needed resources in the form of crews and equipment to the project as construction of the various components progresses. Bor auso Thomas Marine, will be neif-perfort-nint.1 a majority of the ixrsrlcto and road way wDrlc tiling a rnininium of siA)Gont.racAtoi% TMG maintains exceptional control of tho project schedule. Thomas Marine will be utilizing less than 113rd of the company's available capacity to construct this project thus allowing additional crews to be mobilized to this project as necessary to meet the proposed schedule. Design and Permitting Delivery Our schedule allocates approximately 7 months for design and permitting activities, however, activates overlap and construction starts only 5 months after the project's start. Our team is prepared to obtain all necessary permits required for this project. We understand the local codes and ordinances that apply and the potential challenges to meet the codes due to the existing right- of-way constraints and the maintenance of traffic considerations. We have extensive experience permitting roadway and bridge improvements within Collier County right-of-way. Our team stays up to date on permitting requirements and we have developed good relationships with regulatory agency staff. Preparing and submitting permit applications is a routine part of our work that we are very familiar with. Construction Delivery Our team has already put a significant amount of planning into this project as part of preparing the guaranteed maximum price (GMP). We know the County's standards and expectations, which allows us to move quickly through early planning/design tasks and start construction activities. We understand and have accounted for all the requirements listed in the County's Technical Specifications and Design Criteria and FDOT's Standard Specifications for Road and Bridge Construction. Our team has decades of experience delivering timely construction services on projects nearly identical to this project. We also have relationships with the impacted utility owners and permitting agencies thus minimizing any possibility for delay in delivering quality construction work as planned by the team. Construction Resources The company retains approximately 35 additional employees including equipment operators, carpenters, laborers, mechanical support, truck drivers, accounting staff, and an EEO officer many of whom have been employed by the company for many years. Thomas Marine Construction owns all the equipment needed to construct roadway, drainage, and bridges for which it is prequalified by FDOT. The list of equipment on our job sites every day include friction cranes, pile hammers, sheet pile hammers, three bridge deck screed machines, excavators, a long stick excavator, demolition hammers, front end loaders, compaction equipment, motor graders, dozers, dump trucks, specialized steel and modular forms, sectional barges, trucks, welders, and generators. Each crew is a self-sufficient entity which could be working miles from the nearest power source or in the middle of town. Public Outreach Delivery Community awareness and communication will be critical to the success of the Design -Build project. Johnson Engineering will head up the public information and community outreach portions of this project. This project includes dynamic bridge construction and phase traffic patterns. The community will be involved and informed for the duration of the project. A 4' x 6' project sign displaying the critical project information will be provided to the County for review. Once approved, this sign will be used as an information tool for the community. If any disruptions occur on the project, notifications to the affected residence or business will be provided and every effort to minimize the impacts will be made by our team. Project Closeout Project closeout will include submittal of all operations and maintenance documents, record drawings, and closing permits. Our team will ensure the record information is complete and includes all pertinent information for the County. Johnson Engineering will prepare record drawings in-house. Close out of a project is often a long drawn -out process. Our goal is to close this project out quickly and efficiently. Collier County I RPS No. 21.7057 i May 3, 2021 *g rooting Desi a Build -Step Z - Golden Gate Pkwy over Santa Barbara Canal Brida Replacement %t,ongtrU Cti°11 0 rc E E E E a c o 2 tl s \ G E r N pl N In N \ +ll \ \ N \ m \ T = m \ Ml \ a a I\ O V1Ic O m O O C O I� 0 n 0 d .-I m N I M CO k+ y. 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V 33�� I J',� qq x ON U Q " �Ao r:. 3, Technical Information Technical Approach and Information Our team has evaluated the technical requirements for this project and have developed the following techincal approach based on the County information provided for this Step 2 process. Collectively, we have worked on hundreds of projects in Collier County, and we have a firm understanding of the County's requirements and specifications. There will be no learning curve for our team on this project because we have already completed those lessons. We have spent many hours planning for this project. Our team is ready to start this project immediately and ensure that the County's goals and requirements are met. Thomas Marine Construction, Inc. (TMC) is proposing a cast -in -place concrete, continuous, flat slab superstructure for this bridge replacement in lieu of the Florida Slab Beam (FSB) superstructure provided in the County's concept plans. See the revised concept plans at the end of this section of our Technical Proposal for the details. The revised concept plans show maintaining the same bridge length and width but we have changed the span lengths to three (3) equal spans at 37'+/-. During final design, we reserve the right to modify these span lengths and bridge length as long as we meet the required design criteria. We will maintain the same construction depth of approximately 19" so the substructure in the County's concept plans is shown. However, we will consider changing the pile size to 18" piles and the associated reduction in substructure widths during final design. The following narrative describes our reasons for proposing this superstructure substitution. Before concluding on the CIP concrete, continuous, flat slab approach, we evaluated some other more innovative bridge systems that could be constructed in a true Accelerate Bridge Construction (ABC) approach. However, we determined that both of the following systems could be constructed in much less time but for a cost premium of 15% to 30%. We were concerned that a higher Guaranteed Maximum Price would not be counter balanced by the technical score to allow us to be the winner of this design build selection process. If the County decides they are interested in evaluating fixed budgets for these alternatives that can reduce the delivery time by up to 3 months, we can provide cost proposals after we are selected as the preferred design build team. The 3-month time savings would provide savings to the County as a result of a reduced fee for the CEI services that would offset some of the increased construction cost. There would also be cost savings realized by the roadway "users" as a result of the reduction in time delays and gas usage due to the shorter duration required for the detour. The other innovative bridge type alternatives we evaluated included: 1. A single 100-foot span bridge using fiber reinforced composite tub girders with precast concrete decks (CT Girder bridge system by AIT Bridges). These bridge deck panels are delivered with a full depth precast concrete decks that allows for the installation of the bridge sections for each phase in one day. The CT Girder deck panels only require small closure pours between the deck panels using epoxy grout or ultra -high-performance concrete. FDOT is performing their final review of the final draft of the Developmental Specification for this product. FDOT has approved the manufacturing process for this composite beam that is made from a combination of carbon and glass fibers. These composite beam/concrete deck panels cost more than the full depth CIP concrete slab but provides the advantage of weighing about 113rd of the weight of the 19" thick concrete slab, The reduced weight provides savings in foundation costs at the end bents and the size of the crane compared to other long span systems (FIBs). The big savings is realized by eliminating the 2 intermediate bents. In addition, this type of superstructure does not contain any carbon steel that is prone to corrosion damage and provides a design life that exceeds 100 years with no maintenance. To the right, see the detail of the CT Girder with a full depth precast concrete deck that was prepared by AIT Bridges and will be incorporated into bridge replacement plans being prepared by T.Y. Lin for the replacement of a bridge on Marco Island with a 100-foot span. ..•�! SF lfi V. 3 _ ! r 1 ✓........ ._.. _. 1 .„. __ rin`= .fin np SECY€oN VIEW OF FULL DEPTH GIRDER Collier Courtly i RPS No. 21-7E357 1 May 3, 2021 Mann3s e �tiOn 19 Design Build - Step 2 • Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement CpngfrU A three (3) span bridge using prestressed slab beams with conventional keyways with transverse post tensioning, waterproofing membrane and asphalt wearing surface. This approach eliminates the need for a cast - in -place concrete slab/topping which saves a significant amount of time. The use of steel railings instead of cast -in -place concrete barriers would be considered because that is the fastest way to construct a bridge using an ABC approach. TMC and Bridging Solutions used this type of bridge superstructure on the entrance bridge to Collier Charter Academy school on Immokalee Road in Golden Gate in 2016. This type of bridge was also designed by BSLLC's staff for another contractor for a FDOT design build bridge project for the Rock Ridge Road bridge replacement in Polk County, FL. See the photograph of the Rock Ridge Road bridge during construction showing the slab beams and transverse post tensioning rods. Cost Advantages of CIP Concrete Flat Slab Bridge TMC estimates the savings to the County (which is already accounted for in our Guaranteed Maximum Price) to be in the range of $300,000 by changing from the proposed precast concrete Florida Slab Beam (FSB) with cast -in -place (CIP) concrete topping superstructure to a cast -in -place (CIP) concrete, continuous, flat slab superstructure. This savings is all being realized by the County instead of the more common approach, as part of Cost Savings Initiatives (CSIs), where the savings is split between the contractor and the County. TMC views the FSBs as expensive forms that only add cost with no added benefit. TMC proposes to use the custom steel forms we already own for this bridge instead of the expensive forms we would need to buy from a precaster. The cost of these custom steel forms has been amortized over numerous other bridges which allows TMC to only charge the County for the nominal cost to maintain these forms instead of the full purchase cost. The 6.5" minimum thick concrete slab/topping that is required over the FSBs requires all the same steps (and cost) that is required to install a full depth flat slab. The cost savings become more apparent when you consider that all of the following steps are required whether the CIP slab is 6.5" (+) or 19" thick: • Install the reinforcing steel and confirm it is securely tied in accordance with FDOT specifications • Set up the rails for the deck screed machine to achieve the desired deck elevations and cross slope • Perform extensive quality checks (dry runs) to confirm the minimum cover and deck thicknesses conform with the specifications • Convey the wet concrete into the forms using a pump truck which is usually done at night with a large crew • Vibrate the concrete to ensure proper consolidation • Slowly run the screed machine over the plastic concrete to achieve the proper finish • Wait until the concrete has properly set and install curing blankets for the wet curing system • Monitor and maintain the wet curing system for the prescribed time per FDOT specifications • Perform post pour quality checks and perform grinding of the deck for any areas that don't meet FDOT specifications • Perform the required transverse deck grooving In conclusion, the cost of purchasing FSBs from a precaster, shipping them to the site, and installing on site with a large crane, and then pouring a bridge deck on top of them is much higher than installing forms we already own, purchasing and installing the reinforcing mat, purchasing and installing the concrete bridge deck in one operation, and salvaging the custom steel forms. Beyond the cost benefit, the finished product is of better quality with less maintenance. Collier Counly I RPS No. 21-1057 i May 5, 2021 XZ4 •r 0 11�6S Design Build - Step 2 - Golden Gate PkWy over Santa Barbara Canal Bridge Replaeen�ent Jglarstructior12 0 0_1�0 Time Advantages of CIP Concrete Flat Slab Bridge TMC estimates the time to construct the Golden Gate Parkway bridge using a CIP concrete flat slab bridge system to be approximately the same as it would be to construct the bridge using precast concrete FSBs with a concrete topping. In fact, we have concerns about the potential for delays related to the on -time delivery of the precast FSBs due the large number of bridges that are scheduled to be in construction in Collier County over the next 18 months and the limited number of precast plants in southwest Florida. The other risk factor is related to the potential of storage or handling damage to the relatively thin keyway flanges on the FSBs which could seriously delay the project. Bridging Solutions (BSLLC) staff gained first-hand knowledge of this possibility last year on a project where BSLLC provided Specialty Engineering services for S&S Precast. Several of the FSB keyway flanges were damaged during manufacturing and storage which caused delays on a project in Venice, Florida. The City of Venice and FDOT required S&S to hire a Specialty Engineer to perform an Engineering Analysis Report (EAR) that provided a repair procedure to mitigate the damage. It took over 3 weeks to gain approval from the City's CEI firm and the FDOT for the repair procedure proposed in BSLLC's EAR. This type of risk from delay is eliminated by using our custom steel forming system that is ready for use in TMC's storage yard. In addition, to reduce the time to install our forming system, we install sleeves in the concrete caps during the forming operation that allows for a quick installation of the anchor bolts that support our forming system. Time advantages related to the CIP concrete slab approach are realized by the fact that the delivery of the ready -mix concrete to supply the pump truck in the middle of the night is very reliable. FSBs are delivered on very large (cumbersome) tractor trailers during the day (under high traffic volumes on this road). In today's market we have difficulty getting an adequate number of flatbeds trucks to deliver the FSBs in a timely fashion. Unfortunately, we end up accepting the delivery of the FSBs over multiple days instead of in one day which is preferable and more cost effective. Quality Advantages of CIP Concrete Flat Slab Bridge Bridging Solutions and most other bridge engineers (including FDOT bridge engineers) would agree that a CIP concrete flat slab bridge will provide a longer maintenance free life than a bridge constructed using precast prestressed concrete slab beams. Evidence of this fact can be found in the FDOT Bridge Inspection Reports for the existing older bridges in Collier County. The existing Golden Gate Parkway bridge is a prime example. This prestressed slab beam bridge is only 50 years old and is being replaced much sooner than if it was built using CIP concrete construction. There are 5 bridges that are currently being replaced by Collier County near Immokalee. These bridges are being replaced because of deteriorated timber piles while the CIP concrete slabs are in excellent condition after 73 years of service. The primary reasons for the early demise of bridges that consist of prestressed concrete slab beams includes; • The joints between the adjacent slab beams increases the probability of cracking in the CIP concrete topping due to temperature and shrinkage and the potential for differential live load deflections between adjacent slab beams. • After the concrete topping is cracked, water is allowed to drain through the cracks and causes corrosion of the carbon steel reinforcing embedded in the prestressed concrete slab beams. • Once the corrosion process initiates in the prestress strands it is only a matter of time before the pressure exerted by the corroding steel causes the concrete underside to spali and expose the embedded steel to the environment. • Patching repairs for this type of deficiency is analogous to putting a Band-Aid on cancer. Collier County i RPS No. 21-7857 i May 3, 2021 4 �iti0n1e5 Design Build - Ste 7_ - Golden Gate Pk over Santa Barbara Canal Brid e r e lacenwnt :� Marin �ti0i121 9 P "7 9 P �� C�pgtrU ... The advantages of a CIP concrete, continuous, flat slab bridge are related to factors that include: • The slab is monolithic full length and width with no built-in joints (or cracks) every 4 feet longitudinally and transversely at each intermediate bent as included with the FSBs. • The potential for cracks is minimized due to its mass and heavy steel reinforcing placed in the top of the slab to resist temperature/shrinkage cracking and negative bending stresses at the intermediate bents. • Per the FDOT Structures Design Guidelines, we will design and detail a casting sequence with construction joints at one -quarter and/or three-quarter points in the spans as required to minimize cracking in the negative moment regions with the option to pour the slab in a continuous operation, • To minimize the potential for cracks over the intermediate bents we will consider specifying a transverse sawcut in the top of the slab within 24 hours of casting to control the crack location. The sawcut would be filled with a methacrylate sealer and sand mixture to prevent water intrusion and permanently seal the joint. If temperature and shrinkage cracks do occur, the installation of a methacrylate sealer is a simple low-cost maintenance procedure that permanently seals the cracks from water intrusion. • Older flat slab bridges can be easily strengthened if corrosion damage eventually occurs (which usually only occurs in salt water environments) by mechanically fastening carbon fiber straps on the underside which is not practical with FSBs due to the closely spaced prestress wires. Bridge Aesthetic Improvement Supplemental Cost Alternatives This section of our Technical Proposal describes TMC's suggested aesthetic improvements to the bridge concept plans for the County's consideration. These alternatives would require some additional cost over the proposed Guaranteed Maximum Price that could be negotiated during contract negotiations between the County and TMC. See the proposed Bridge Typical Section below showing the proposed aesthetic improvements that TMC could provide for a small additional cost to the proposed Guaranteed Maximum Price (GMP). After we gain concurrence for some of the details with the County during negotiations, we may be able to include these aesthetic embellishments for the same GMP. r The FDOT standard concrete barrier walls shown along the curb lines on the typical bridge section in the bridge concept plans would create "cavern or tunnel" feel for motorists and pedestrians. Incorporating improved aesthetics would also be more consistent with the County's future plans to potentially add enhanced aesthetics to the median on the bridge. In addition, since this bridge is located in a mixed -use commercial/residential area with numerous pedestrians, we believe the local residents and business owners would appreciate having a new bridge with improved aesthetics. This aesthetic improvement approach would also be consistent with the improved aesthetics that were incorporated into the design of the other bridges nearby at Golden Gate Parkway over 1-75 and Golden Gate Parkway over Airport -Pulling Road. Collier County j RPS No, 21.7857 1 May 3, 2021 ^„Thool `7 `7 [lest n Build - Ste 2 - Golden Gate Rk over Santa Barbara Canal Bridge Replacement „ marine L L 9 P' µy 9 P struetl�n :� Gon We propose to eliminate the barriers along the curb lines and replace them with raised curbs and sidewalks similar to the design on the Golden Gate Parkway bridge over 1-75, The posted speed limit is 35 MPH on this section of roadway so the curb line barriers are not required by FDOT Design Manual. The approach W-beam guardrail shown in the County's concept plans would also be eliminated since its primary purpose is to provide a transition from the barrier's fixed end. We would extend a curbed section off the end of the bridge an appropriate distance to channel the bridge runoff to a drainage inlet at each quadrant. We recommend installing the Texas standard (aesthetic) barrier along the outside edges of the bridge to provide an aesthetic embellishment while providing drop off protection of motorists, pedestrians and bicyclists. We could apply a FDOT Class 5 surface finish in a color or colors selected by the County. The Texas standard barrier has been crash -tested and is appropriate for roadways with posted speed limits up to 45 MPH. This barrier provides openings through the barrier that improves the view of the water in the canal for motorists and pedestrians. The Texas standard barrier is typically 3'-0" high when there are no sidewalks on the bridge and 3'-6" high when a sidewalk is included. For this bridge, we would modify the vertical dimensions of the barrier to provide a 4'-0" height to meet the height requirements for bicycles on the proposed mixed -use path. In case anyone on the selection committee is not familiar with the appearance of the Texas standard barrier we are providing some photographs (below) of some bridges designed by Bridging Solutions staff that have been built in southwest Florida for local municipalities. Did you know that Charlotte County Public Works Department has been specifying the Texas standard barrier to improve aesthetics on all of their bridges in residential/commercial areas with speed limits up to 45 MPH for over 15 years? In addition, the City of Naples decided to install the Texas standard barrier on the Mooring Line Drive bridge in 2010 that was part of a FDOT design build bridge rehabilitation project. Collier County I RPS No. 21-7857 i May 3, 2021 Marine �tlerl aa Design Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement strU �� � There are CAD drawings available on the Texas DOT website which minimizes the time required to prepare design drawings for Texas standard barrier. These drawings provide the basic building blocks which includes several types of pilasters (columns) and three (3) types of windows (openings). See the images of these options below. BSLLC has specified custom shaped windows on some bridges. On one bridge, BSLLC detailed the windows to be a rectangular shape to provide for the bridge owner's aesthetic preference. The barrier layout can be customized with as many or as few of the pilasters to also meet the bridge owner's preference. PI iP>•1tPrP pn PS GnyI _ Jy � i [ PI 1091C1'-;-.-.---.._ t f i•_. •• /Gil ABUTUENi Sitb �...• BENT SPAN EXTERIOR PILASTER ELEVATIONS IShpy iryg KI'f11W1 rGIgPU, a��YG�kJ ' xom Gt slnn erprfw 3l agrGi>t� TYPE A NEME-19111-HO-Es- E WMAWWW TYPE B TYPE C WINDOW TYPES If the County prefers a shorter Texas barrier with a steel handrail on top instead of 4-foot-tall barrier shown in Alternative 1, the details below are an option to consider. TMC could provide a supplemental cost proposal during contract negotiations for the installation of this shorter barrier with a steel hand rail which would cost more than Supplemental Cost Alternative 1. fier�: M ;'rs n::ggc 1.— ICJ �+�.4yo Span I i P"', ..t toss zxzxrs,f�za \ _�,, ' y BASF P1 A rE DE rA t. ?i" CIF H4>E Read ➢1 u3I� �1 LG7:!)r 13alts n'ff)t FKsriGlS 3 F ronsfter rr ffp�r<_I It I:e.� •t!t SLCTIIJNT�!B1C7�! IiAfL CL]NNECTIC�N !?�'T�IL Collier County l RPS No. 21-7B57 I May 3, 2021 �:rh°des Design Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement , Marltru t �Dr15ctlpp� 4 [, b If the County wants to consider further enhancements to the aesthetics of this new bridge, TMC could provide supplemental cost proposals during contract negotiations for the installation of various types of custom lighting fixtures. The following photographs below are examples from projects designed by Bridging Solutions staff. The top photograph is the Melbourne Street bridge in Charlotte County where the local CRA committee selected the period light fixtures similar to lights that were installed in a park nearby the bridge site. The bottom photograph shows low level LED light fixtures that were cast into the pilasters of the Texas standard barrier on the new bridge at the World Tennis Club on Airport -Pulling Road in Collier County. Collier County I RPS No. 21-7B57 i May 3, 2021 �hnmas r, Mntint Oesign Build - Step 2 - Golden Gate Pkwy over Santa Barbara Canal Bridge Replacement COnstrU�{i0n25 4. Supporting Documents ca e-r c01.114ty Adminisbative SeNces Dvision Procurement Services Date: March 19, 2021 Email: Barbara.Lance@colliercountyfl.gov Telephone: 239.252.8998 ADDENDUM # f From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 -- 21-7857 Design Build - Step 2 — Golden Gate Parkway over Santa Barbara Canal Bridge Replacement 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: CHANGES: The below referenced document contains the following changes: 21-7957 — 5.0 Br030123 Replacement Proj Concept Design Plan (Rdwy&StructuresLFINAL * Page 17, Sheet B-2, U. 2., "Each of the (2) existing pedestrian Bridges shall be removed and properly disposed of." • Page 18, Sheet B-3, (3 Changes) Under Legend: "Existing Pedestrian Bridge to be removed and properly disposed of Notes located rNorth and South of Vehicular Bridge "Remove and dispose of Existing Ped Bridge and Foundations" • Page 21, Sheet B-6, Phase 1: Demolition, 3., "remove and dispose of Pedestrian Bridge on North side of Bridge 030123' • Page 22, Sheet B-7, Phase Il: Demolition, 3., "remove and dispose of Pedestrian Bridge on South side of Bridge 030123" If you require additional information please post a question on our Bid Sync (www.bids nc.com} bidding platform under the solicitation for this project. Please sign below and return a copy of tlAddendum with your submittal for the above referenced solicitation. /`" (Signature) Kevin t.'. 5nimp Thomas Marine Construction, Inc. (Name of Firm) 5/03/2021 Date 040 Cote r County Adminishfive Services Dvi§on NoWremerll Services Date: March 31, 2021 Email: Barbara.Lance@colliercountyfl.gov Telephone: 239.252.8998 ADDENDUM # 2 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum ## 2 — 21-7857 Design Build - Step 2 — Golden Gate Parkway over Santa Barbara Canal Bridge Replacement 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: Question 2: The docurents provided include dgn files of the existing conditions however kite electronic CARD files -for the concept design were only provided in pdf form. Please provide the dgii files of the concept design so that proposers can develop their concept design. We note that the County is not providing any compensation (stipend) for the proposals so the cost of developing the concept design must be fully borne by the proposal teams. Answer: CADD files for Roadway and Structural Concept drawings have been uploaded to BidSyne, If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. , /' (Signature) Kevin C. Shimp Thomas Marine Construction, Inc. (Name of Firm.) 5/03/2021 Date COACT county Ismail: Barbara.Lance@colliercountyfl.gov AdminisstratveSeMces DDvis3on Telephone: 239,252.8998 Prrc:.rremam, :,eri:cea ADDENDUM # 3 Date: April 23, 2021 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 3---- 21-7857 Design Build - Step 2 — Golden Gate Parkway over Santa Barbara Canal Bridge Replacement 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 refereneed solicitation: ADDITION: 21-7857 Addendum 3 —Consolidated uestions and Answers The "Question and Answer" period has closed, • All questions to date have been answered, • Questions and Answers are hereby incorporated into the bid. If you require additional information please post a question on our Bid Sync (�%Am y.bidsyn�.cortl) bidding platform under the solicitation for this project. Please sign below and return a copy of Addendum with your submittal for the above referenced solicitation. / (Signature) Kevin C. Shimp Thomas Marine Construction. Inc. (Name of Finn) 5/03/2021 Date PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Thomas Marine Construction, Inc. 8999 High Cotton Lane, Ft Myers, FL 33905 (herein after called the Principal) and Travelers Casualty & Surety Company of America , (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the City of Hartford and authorized to do business in the State of are held and firmly bound unto the Board or county Commissioners or collier County hereinafter called the Owner), in the full and just sum of 5% of the attached bid Dollars ($ 5% ) 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 21-7857 Design Build — Golden Gate Parkway over Santa Barbara Canal Bridge Replacement. 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 ce if'icates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ �0 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 28th day of April , 2021. Thomas Marine Conn -dp(ion, Inc. Principal (Seal) Travelers Casually &,8urety Company of America Surety (Seal) Countersigned Non- �.w Local Resident Producing Agent for Travelers Casualty & Surety Company of AmericA Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St, Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Linda DeVrles of Grand Rapids, Michigan their true and lawful Altomay-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognlzances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporato seals to be hereto affixed, this 3rd day of February, 2017. R. 4 p t ` H�A7FOP0, 49KIL COrlf1 !UL d � � •F r,c ,� State of Connecticut City of Hartford ss. Bohan L, Raney, SehrorVice President On this the 3rd day of February, 2017, before me personalty appeared Robert L, Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official sear. Z My Commission expires the 301h day of June, 2021 1A7q m�- Marie CC. . Tetreaull, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any par! of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of aulhority; and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. 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LL z maw q � o w a W x �w,uw e Zia e �dAuj l) w w ti VI /,f m f0.)y0lJJOJHIU z� m U 5 I Cl Q a I z a� r N E aU U � m m x e �u - � T al f l l T— 's e A W I I I CAM p` ,s❑ U?U czj i w w4 4 W z m IIImq T-n y W I r 41 w O kALUz� 'n 1 �— � tai a2 m 4� ►�4 O 03 I w w m�� m _ -�_rl II F I � A-,i lYl g 3 f� II Lii T T m Oa I iI T Itl a a W n m ¢ a In w mw�lLn m a O ('dAA 17Vh1 9 m 3a z O a T 9 Jo V g ❑ y °- c' o' w O a AoaH 'all 0 &+lllejou h o vl z °' m ? ul ❑ L Q I� W I � V II E a ti T w o � I � � � a � m 1= q ❑o �¢ � c L I-,,- I E f ti m Q .N_. # # # mN 3 h yk It'W?Q hulfle�dQ Qy # 4 # # '�k Ik ❑ R In �N N n, m z w o c w ¢ o. ❑ �o o`a� c IE maS a v P I L U ~ � m l 4 Q y W .� ti i`5 lz� ��AACS�`�. ��U W� t�Gb tr � k? yl ~ O O U~ 4 m n V1 1, 4 IIk��{II 1T ❑ N � �p 4 � P � k " Q '�I zi VII till I �I I ww 1LJI w ao InaQ a F�-m••Y�a 3 4 � 4 `C O m II 11 11 l] O N II 1p In � �I ❑ F? N pm � mm $ x a ~ c M u�.. L_f--_J � ❑ e ❑ � a � w a � ¢ j 3 n E T ❑ 9 a m N m W 4 g ~oa J W { U m f•�j � � w of 2 'r � J it U W Clal u Z e F¢- �Ln CLI a a w m 4 m ~ y LL o E a E b 3 �F I m � N w � m ~ I I a d 3 � r 3 ,y 11 p I '� I P2N II I I ull � ❑ iiz'z'v Q c a roa a h N T W q a m 7 � EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Kevin Shimp Construction Pro'ect Manager Thomas Marine James Wee" Lofton Contractor Quality Control Johnson Engineering Mark Mabee Project Manager Thomas Marine Adam Ahmad Construction Aerial Drone Photo ra h Capital Construction Darren Watkins General Superintendent Thomas Marine Sam Mathews Project Superintendent Thomas Marine Ralph Verrastro Design Project Manager Bridging Solutions Josh Hildebrand Roadwa Civil Engineer Johnson Engineering Trema ne'Whitfield Roadway Civil Engineer Johnson Engineering Leah Holmes Roadway Civil Engineer Johnson En ineerin Andrew Tilton Drainage Johnson Engineering Rick Acosta Drainage Johnson Engineering Laura DeJohn Public Outreach Support Johnson Engineering Guy Adams Sul -Vey Johnson En ineerin Rolando Corsa Bridge FOR ....Bridging Solutions Michael Dickey Utilities Johnson Engineering Billy Saum Utilities Johnson Engineering Laura Herrero Environmental Johnson Engineering Jeff D'huyvetter Geotechnical Johnson Engineering Page 25 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" EPIC INSURANCE BROKERS & CONSULTANTS 250 Monroe Ave, Suite 415 Grand Rapids, MI 49503 Insurance Brokers & Consultants September 16, 2021 Collier County Board of County Commissioners Procurement Services Division Attn: Vanessa Miguel 3295 Tamiami Trail East C-2 Naples, FL 34112 RE: Bond #107483924 Thomas Marine Construction, Inc. Dear Vanessa, The Performance and Payment bonds for the Design Build Golden Gate Parkway Over Santa Barbara Canal Bridge Replacement project have been issued with the contract date left blank. Collier County has permission to enter the contract date, when available, on the Performance and Payment bonds. Please let me know if you have questions. Sincerely, Y& &- 94/, - - Patti Zuk Director, Commercial Lines c © EDGEWOOD PARTNERS INSURANCE CENTER I CA LICENSE OB29370 EPICBROKERS.COM EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 107483924 Contract No, 21-7857 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers . 33905 as Principal, and Travelers Casualty & Surety Company of America , as Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Collier County Board of County Cominissionersas Obltgee iii the sum of Three million five hundred vcnty.even ousan lire hundrcd doff,.-irsand ($-3,527,500.00 _) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for RPS# 21-7857 Design Build Golden Gate Parkway Over in accordance with drawings a4 sped lcation`s, w c Toniard is incorporated by reference and made a part hereof, and Is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. W WITNESS WHEREOF, the above parties have executed this instrument this 16th day of Sept 2021 , 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 26 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" Signed, sealed and delivered In the presence of: Witnesses as to Principal STATE OF HOP I COUNTY OF i_ �e- PRINCIPAL Thomas Marine Cc str coon, Inc. BY: /Y NAME: Kccv i Y P , 5 h %d✓b ITS: ,,cs 1,4 ., T' The foregoing instrument was acknowledged before me by means of A physical presence OR _ online notarization, this 3a-ft. day of 20 - by fi E✓ r✓ ram_ S/?_ �ti� as er L5 rcit nT of �Tw �c s �IaJL��e- 6'ensf&6c:,kv+( f.4 a KuP ai a- corporation, on behalf of the corporation, I e_lshe is erson me OR has produced as identification and did (did not) take an oath. LIMDASOUCH ¢: Commission # GG 272882 Expires February 5, 2023 'ogorv?' BWedTlwTroyFain WwraneeMMS-70% (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety C4Ki.ct (Signature of Notary) NAME: n a,, ..�o I 'Lh (Legibly Printed) Notary Public, State of F IK- 1— Commission No.: (-6 i rl 1), g e X SURETY: Travelers Casualty & Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address (Authorized Signature) (Printed Name) Page 27 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" OR As Attorney in t (Attach Power of Attorney) Patti Zuk Witnesses (Printed Name) 250 Monroe Ave., NW, Ste. 415 Grand Rapids, MI 49503 (Business Address) (616)600-9677 (Telephone Number) STATE OF COUNTY OF rt The foregoing instrument was acimowledged before me by means of X physical presence OR onilne notarization, this 16thday of SePt 2021 , by Patti Zulc , as Attorney -In -Fact oft-raveler., Casually K Surety Company of America 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:- (Sig attire) Name:'` (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: ►'1�� Commission No.: "5' -Q9 — act'-1 TARA JONES Notary Public, State of Michigan County of Montcalm My GOmmission ExpfreslNay 29 2024 Acting in the County at � 6 Page 28 of 69 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" EXHIBIT B-2: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: 8999 High Cotton Lane, Fort Myers, FL 33905 as Principal, One Tower Square, Hartford, CT 06183 1 as Bond No._ Contract Nc That and Travelers Casualty & Surety Company of America Surety, located at (Business Address) are held and firmly bound to Collier Coin Board of Counly Commissioners as Obligee in the sum of Three million five hundred twenty seven thousand five hundred dollars and 00/100 107483924 21-7857 Thomas Marine Construction, Inc. ($ 3,527,500.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for RPS# 21-7857 Design Build Golden Gate Parkwav Over Santa Barbara Canal Bridee Renlacementin accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and 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 16th day of Sept. , 20 21 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 29 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" G Signed, sealed and delivered in the pre nce of: Q Witnesses as to Principal STATE OF FLOP 1 cL COUNTY OF L. e,<f- PRINCIPAL Thomas Marine NEW uction, Inc. }S ,e\1 i /� C , 61-) ( n1 0 ITS: PR-<S/It-4 (--ei' i The foregoing instrument was acknowledged before me by means of X pli slcal presence OR _ online notarization, thisA � day of-5c- n 6e P- , 20a i , by eJ � IV C I Alm 0 , as e117 of �flcnfiS 1� cvlirzrf��n�t,a Fla s--8�- corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. .. LINDASOLICH CommissiM # GG 272882 Expires February 5, 2423 BWW Thm Troy Fain In"nee 800 M70% (AFFIX OFFICIAL SEAL) (Signature) Name; (Legibly Printed) Notary Public, State of: Floc-Jk- Commission No,: ,GCid7d?'gd. Page 30 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" ATTEST: Witnesses as to Surety �l?r oa� - Witnesses STATE OF \q kZ COUNTY OF /V tic SURETY: Travelers Casualty & Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Patti Zuk (Printed Name) 250 Monroe Ave., NW, Ste. 415 Grand Rapids, MI 49503 (Business Address) (616)600-9677 (Telephone Number) The foregoing instrument was acknowledged before me by means of X physical presence OR — online notarization, this 16thday of Sept. , 20 21 , by Patti Zuk , as Attorney -In -Fact of Travelers Casualty & Surety Compgny of America 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: (Signat e Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: W -►-- Commission No,: bS- 2ct — OP- TARA JONES Notary Public, State of Michigan County of Mcntcalm My Comrrdnion Expires May. 2 , 2024 Acting in the County of Page 31 of 64 RPS# 21-7857 DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" Travelers Casualty and Surety Company of America - Travelers Casualty and Surety Company TRAVELERS! St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Patti Zuk of GRAND RAPIDS , Michigan , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 3 �► U-40.A j 3�_TT A., ,HAWVARTRIM. OWL moo=V State of Connecticut City of Hartford ss. F Robert L. Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 9 Mp IN WITNESS WHEREOF, I hereunto set my hand and official seal. �i/ u+ My Commission expires the 30th day of June, 2026 QPU- � ` 1,0L SLIC Anna P. Nowik, Notary Public 1. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 16th day of Sept. , 2021 Or ty `� rues w cera�u K CONK. �b t r Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached, 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, THOMAS MARINE CONSTRUCTION, INC. "Contractor" Date: First Witness Printed Name Second Witness Printed Name TTEST: Title of individual signing 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Page 32 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" G EXHIBIT D APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER) Owner's Project Manager's Name: Bid No, Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. 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 (Insert Date] $ Retainage @ 5% through [Insert date] $ Retainage @ % after [Insert date] $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ 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 33 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" EAU EXHIBIT D (Conlinued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: - REM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT B&ANCE 10% 96 TOTAL NUMBER VALUE MATERIALS COMPLETEC COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVOUS APPLICATIONS THIS &STORED [redocedroto WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS ' Exp$anation for the two columns under Previous Appllcatlons; The Thru Date is where you will place all Information until the contract is complete unless a release or reduction of retainage issue coi into play. If this happens, all information up to the date of the 'A change in retalnage 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 retalnage. Page 34 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 0-:40 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 35 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" EXHIBIT E-1 CHANGE ORDER Change Order Farm ContraVAM Chanpek= Purch3eEOrder#: Project4:� ContractoriFirm Name: Project Name: Project Manager Name Department: C riginal ContraG1Work Cyder Amount Original BCC Apprmal Date; Agenda Item # Current BCC Apprcved Amount Last BCC Approval Date,' Agenda Item# Current Ceniracl;Work Ordsr Amount SAP Contract Expiration Date (talsater) Dalt3rAniountofthuChange 4DIVifl! Total Change frcrnCkiglnalAnnunt Revised CcntractzWoA Order Total 5 0,00 #DlViil! I Change From Current 9CG Approved Amount Cu n-wjIqtis?L- C ha nges 5 0.00 40IWO! I Chan r-frcrmCurreniAmcunt e��Comple�tion Date, Description of the Task(s) Change, and Rationaleforthe Change Notice to Proe Orii et Last Approved Revised Date Date I�� Complletion Dat Data 115031.]yl #of Days Added Select Tasks 0:Add newtask(s( ❑.Deletetask(s) ❑ Changetask(s) El Other(sy met Provldea responseto thefollowing: f.f detailed and specific explanationirationaleof the reqquestEdchange(s) to the task(sl and ) or the additional d3ys, added (it requestedl: 2.) why this change was not i nrlud*t! in the o riginal conitract: and, 3.) describe the impact it this channe is not orocessed. Attach zddhiorat informatiDn from the Dasian Professional andfor Contractor if r-_ded. Prepared by: Date: (ProjEct )Jarager Name and Departmerf} Acceplancerfibis ChargeOrdershalleonztitut=-amcdika0 mocontraul#+lark order dentifedAbove ativiill besubjscltoallthesame terms art3 conditions as corlairei in the contract €work order inftated above, as fully 35 'H Ih2 sameviere stated in this a€ Veptarae. The adjustmeet, if any, lotheComraLishall con-g a a futf3ndfnalsetttemEntofany ardill alaimsofthsContractorlVendoOCcn5ultarli Design Profsasianal ariaing out of or related to the change set forth herein, jnc4A'reg chdms for impart and delay costa. Accepted by: Date:. (Cart ractori Verdor! Cons ultart l Design F7ofea5;anal anName of Firm, 'rf proj--cl applic able) Approved by: Date: (Des,g n Professional and Nam a of Firm, it projact a ppikable) Approved by: Date: {Proci:remenl Professional Page 36 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: DATE OF ISSUANCE: OWNER: Collier County Board of Commissioners CONTRACTOR: CHANGE # EFFECTIVE DATE: PROJECT#: 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 changes) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes (s) . Method of determining change in Contract amount: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract amount RECOMMENDED: Engineer Estimated change in Contract Time: Increase or decrease by calendar days. AUTHORIZED: LM OWNER's Representative Page 37 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" (9 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 38 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 040 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 Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER Type Name and Title 20 20 Page 39 of 68 "NESA Interim Treatment Plant and Pipelines" RPS # 18-7474 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 NIA. 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 40 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 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. L5 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 41 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 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 42 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 43 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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 "lathes" 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 pot 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. 4.13A The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Contractor's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract amount, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 4.13.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs incurred by Contractor for the particular Allowance Item and the Allowance Value, 5, PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of; Page 44 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" CAO (a) Defective Work not remedied, (b) third party claims filed or reasonable evidence indicating probable filing of such claims, (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount, (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor, or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5. L 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 he 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 Page 45 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.4 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR may have issued its recommendations, Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. T 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. 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 Page 46 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated, The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 8.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute, No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the cost for evaluating each proposed substitute. 8.6 Notwithstanding anything in the Contract Documents to the contrary, Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. 9.2 NON -HAZARDOUS SAMPLES, At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 10. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. Page 47 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 10.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following; 10.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 10.1.2 Soil conditions which adversely affect the Work; 10.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 101,4 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 shaII 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, Page 48 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 11.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 11.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner, Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11 A 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 (1) stop Work in the area affected and (it) 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 (11) 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. Page 49 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" � 1 Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 12.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner, If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim or else be deemed to have waived any claim on this matter it might otherwise have had, 12.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -consultants' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15°/n). 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 Page 50 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, Fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work, 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sec,, 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 1 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 Page 51 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 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-Verifyevidence and the executed affidavit the bidder's / Contractor's Proposal may be deemed non -responsive, Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C, 1324, et se , 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, li.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 Page 52 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL. BRIDGE REPLACEMENT" defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents, If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted In the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner, 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 18A If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 18.6 Neither observations nor other actions by the Project Manager nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents, Page 53 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" (9 18.7 Owner shall have the right, but not the obligation, to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 19. DEFECTIVE WORK. 19.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 19.2 If the Project Manager considers it necessary or advisable that covered Work be observed or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to he 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. 19A Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective- Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 19.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere, Contractor shall allow Owner and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an Page 54 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" �Av appropriate decrease to the Contract Amount. Such direct, indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 20. SUPERVISION AND SUPERINTENDENTS. 20.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor, All communications given to the superintendent shall he 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 Page 55 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 9 Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents Is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 23. USE OF PREMISES. 23.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 23.2 Contractor acknowledges that Work may be performed at a particular Project site where Owner simultaneously is conducting and continuing its operations upon the same site. In such event, Contractor shall coordinate its Work and cooperate so as to cause no unreasonable interference with or disruption to Owner's operations, 24. SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 24,1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 24,1,2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection, Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents, This person shall be Contractor's superintendent unless otherwise designated In writing by Contractor to Owner. Page 56 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" FAO 24.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property, All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees") , shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility, In such event, Contractor shall comply with the following: 24,53 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 Page 57 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 27. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management, The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE, 28.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, No markup shall be applied to sales tax. 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 of 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. Page 58 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Schedule of Values, and shall supply a copy of that breakdown and composition to Owner for their review and approval prior to submitting its first Application for Payment. Contractor shall take Into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs, 29.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess all licenses required by state or local law and be "qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contactor 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 (I)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, Page 59 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" C,1 Q mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 29.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 29.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or attributable to Owner and including claims based on breach of contract or negligence, shall be an extension of its contract time. 29.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 29.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 29.6 into their sub -subcontracts and purchase orders. 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 30.1.1 Subcontracts and Purchase Orders 30.1.2 Subcontractor Licenses 30.1.3 Shop Drawing Submittal/Approval Logs 30.1.4 Equipment Purchase/Delivery Logs 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 Page 60 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" G 30.1.20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks 30.L23 "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.L29 Inspection Reports 30.1,30 Punch Lists 30.1.31 PMIS Schedule and Updates 30,1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner or their designees for reference, review or copying, 30.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term, Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 31. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records, Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. Page 61 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" 32, HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS. 32.1 Hazardous Conditions. 32.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site, Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 32.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (1) 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 I 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 1 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 (1) 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 Page 62 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" c90 equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for such Work, If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition to such determination by OWNER must be made within ten (10) calendar days after CONTRACTOR's receipt of OWNER's written determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 33. ABOVEGROUND/UNDERGROUND TANKS, 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30130A; FDEP chapter 62 regulations; specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NISI & 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 1 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 1 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 ohjectionable and whose continued employment on Owner's projects is not in the best interest of the County. Page 63 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" RXFTTRTT T TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, THOMAS MARINE CONSTRUCTION, INC., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning "DESIGN BUILD OF GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT", are accurate, complete and current as of the time of contracting. THOMAS MARINE BY: A evin C. shim TITLE: Pr ide t DATE: 9/16/20vi TION, INC. Page 64 of 64 RPS# 21-7857 "DESIGN BUILD GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" G