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Agenda 06/27/2023 Item #16B12 (Change Order - Quality Enterprises USA, Inc for the Design build of Veteran Memorial Blvd Project)16.B.12 06/27/2023 EXECUTIVE SUMMARY Recommendation to ratify Change Order No. 2, adding seventeen (17) days to Agreement No. 20-7708 with Quality Enterprises USA, Inc., for the Design Build of Veteran Memorial Boulevard Extension -Phase I project, and authorize the Chairman to sign the attached change order. (County Project Number 60198) OBJECTIVE: To obtain approval of Change Order No. 2 to Agreement No. 20-7708 with Quality Enterprises USA, Inc., ("QE"), which adds seventeen (17) days for the completion of the Design Build Veteran Memorial Boulevard Extension -Phase I project. CONSIDERATIONS: On October 27, 2020, (Agenda Item 1 LA), the Board approved Agreement No. 20-7708 with QE for the Design -Build of the Veteran Memorial Boulevard Extension -Phase I project (the "Project") from Livingston Road to the Collier County School District's new high school site GGG ("Aubrey Rogers High School"). On April 11, 2023, (Agenda Item 16A17), the Board approved Change Order No. 1 adding thirty-five (35) days of additional work and time on the Project. The attached zero -dollar Change Order No. 2 proposes to add seventeen days to the Agreement's time as a result of the Collier County Public School District's contractor having not completed the school's driveway entrance, which is necessary to install traffic signal loops on the Project. This situation arose because the roadway construction swiftly progressed ahead of the school's completion schedule. Without the traffic signal loops being installed, the signal cannot be fully operational and QE would not be able to timely complete its work to meet the Agreement's substantial completion deadline. Therefore, staff is recommending approval of attached Change Order No. 2 adding seventeen days to the Agreement to provide time for the traffic signal loops to be completed. The project is progressing to allow for the roadway to be open and operational concurrently with the high school opening this upcoming school year. FISCAL IMPACT: This change does not require any additional funding request. This project is funded with Road Impact Fees. GROWTH MANAGEMENT IMPACT: The requested actions are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board ratify Change Order No. 2, adding seventeen (17) days under Agreement No. 20-7708 with Quality Enterprises USA, Inc., for the Design Build of Veteran Memorial Boulevard Extension, Phase I project," and authorize the Chairman to sign the attached change order. Prepared by: John Conti, Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. Change Order #2 for time VMB QE (PDF) 2. [Linked]20-7708 QualityEnterprise_Contract (PDF) Packet Pg. 1003 16.B.12 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.12 Doe ID: 25563 Item Summary: Recommendation to ratify and approve Change Order No. 2, adding seventeen (17) days to Agreement No. 20-7708 with Quality Enterprises USA, Inc., for the Design Build of Veteran Memorial Boulevard Extension -Phase I project, and authorize the Chairman to sign the attached change order. (County Project Number 60198) Meeting Date: 06/27/2023 Prepared by: Title: — Transportation Engineering Name: Kimberly Brandes 05/16/2023 2:00 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 05/16/2023 2:00 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Transportation Engineering Matthew Thomas Additional Reviewer Growth Management and Community Development Department Lisa Taylor Growth Management and Community Development Department Jeanne Marcella Department Transportation Engineering Jay Ahmad Additional Reviewer Transportation Management Operations Support Tara Castillo Procurement Services Heather Yilmaz Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Transportation Management Services Department Trinity Scott Procurement Services Sandra Herrera Procurement Director Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/16/2023 2:20 PM Completed 05/16/2023 3:35 PM Additional Reviewer Completed 05/18/2023 5:55 AM Transportation Management Services Completed 05/18/2023 9:31 AM Completed 05/18/2023 12:33 PM Additional Reviewer Completed 05/18/2023 5:18 PM Completed 05/23/2023 1:46 PM Completed 05/23/2023 3:03 PM Transportation Completed 05/30/2023 9:07 AM Completed 05/30/2023 11:51 AM Completed 06/05/2023 1:37 PM Completed 06/05/2023 2:27 PM Completed 06/05/2023 2:32 PM Completed 06/13/2023 1:09 PM Completed 06/15/2023 11:02 AM 06/27/2023 9:00 AM Packet Pg. 1004 1li.B.12.a Procurement Services COICY C0r1.nt;V Change Order Form x Contract Modification ❑ Work Order Modification Contract #: 20 7708 Change #:E= Purchase Order #: 4500208117 Project #: 60198 Contractor/Firm Name: Quality Enterprises USA, Inc. Contract/Project: Design Build of Veterans Memorial Blvd Extension Phase I Project Manager Name: John Conti & Bee Thao Division Name: Transportation Engineering Services Original Contract/Work Order Amount $ 10,065,000.00 10-27 20;11A Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 10,849,998.50 4-11-23 16A1 7 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $ 10,849,998.50 7/13/2023 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 7.80% Total Change from Original Amount Revised Contract/Work Order Total $ 10,849,998.50 0.00% Change from Current BCC Approved Amount Cumulative Changes $ 784,998.50 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed 11/20/2020 Original 6/08/2023 Last Approved 7/13/23 Revised Date 7l30/23 Date Completion Date Date (Includes this change) # of Days Added 17 Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) x Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Additional Contract Days: 1. This change order will add 17 days to the contract time due to the Collier County Public School District not having the driveway area completed in time for Quality Enterprises to install the traffic signal loops for the new traffic signal at the new high school. The traffic signal loops are to be located past the right of way on the school's property. The new Substantial Completion date would be May 31, 2023, and the new Final Completion date would be July 30, 2023. 2. The change being requested was not included in the original contract because the asphalt driveway for the High School has not been completed as required for the traffic signal loops installation. 3. If this modification is not processed the contractor would not be able to complete the project within the contract time. Prepared by: Digitally signed by John Conti John Conti Date: 2023.05.11 07:56:46 -04'00' John Conti, Project Manager, Transportation Engineering Date: Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant I Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Approved by: Approved by. Date: S� l I Z 3 Louis J. Gaudio, Vice President, Quality Enterprises, Inc. DN: C-U�,z ey si yH, , Steven M Na I 01 092 a9-3W He over. LN•SbvenM 8736 O 9.3311.18100300.,00.,.•A01<t000000018)35A]AE6a0000`.,CSC a,. loz�. 1, .1, �oaao Date: Steve Nappi, P.E., Senior Project Engineer, Hardesty & Hanover Digitally signed by ThomasMatthew Date: 2023.05.11 09:20:04-04'00' Matthew Thomas, P.E., Principal Project Manager, Transportation Engineering Ah m a d J ay Digitally 23.05tl 1 A:27:44 y Date: 2023.05. t 1 09:27:44 Approved by-04.00' Jay Ahmad, P.E., Division Director, Transportation Engineering Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) Date. Date: PROCUREMENT USE ONLY Admin R BCC ES .No Packet Pg. 1005 16.B.12.a Approved by: Approved by: Tity L. Scott Trinity L. Scott DateaI2023.05.11y102 22-04'00' Trinity Scott, Department Head, Transportation Management Services Digitally signed by YilmazHeather Date: 2023.05.11 10:44:37-04'00' Procurement Professional Date: Date: Change Order/Amendment Summary CO# AMD# Description COST TIME Justification Additive (+) Deductive () Days Added New Amount 1 Add 35 days 35 965 Needed days to complete project. 2 Add 17 days 17 982 Needed days due to School District delay. Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY Atlmin RCC BCC ES r,. Packet Pg. 1006 16.B.12.a ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Dated: (SEAL) Approved as to form and legality: I: Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Packet Pg. 1007 16.B.12.a From: Lou Gaudio To: Contilohn Subject: Veterans • substantial Completion Date: Wednesday, May 10, 2023 10:48:53 AM EXTERNAL EMAIL,: Tihis email is from an external source. Cenfrra this is it trusteet sender and use extreme eaut tmi tflien opening attadifne;fits or clicking links. John, Due to the installation of the paving occurring next week at the high school, AI5 will schedule loop installation for the Monday May 22nd. Based on this date, all signalization work will be substantially completed by Wednesday May 31. Please let me know if you have any questions. Thanks Louis J. Gaudio Vice President c: 2.39 207-0660 l d: 2:39-435-7200 e: ig;slttsa.s9m 3494 Shearwater Streel:, Naples. Fl. 34117 NOTICE: This email contains information that is legally privileged and confidential. If you have received this message .in error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this proprietary information is strictly prohibited. Packet Pg. 1008 DESIGN -BUILD AGREEMENT between Board or County Commissioners for Collier County Florida and Quality Enterprises, Inc. dated • 20-AL "Design Build of Veteran Memorial Boulevard Extension -Phase I" RPS#20-7708 Page 1 af55 RPSH 20-7708 "Resign Build arveicran NIemorial Boulevard Extension -Phase r" TABLE OF CONTENTS Article Name Page DOCUMENTS ARTICLEI CONTRACT ..................................................................................................3 ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES. ........... _ ................................... 4 ARTICLE 3 OWNER'S RESPONSIBILITIES...........................................................................................6 AMOUNT ARTICLE4 CONTRACT ..........................................................................................................7 ARTICLE 5 PERFORMANCE AND PAYMENT BOND..........................................................................7 ARTICLE 6 INSURANCE REQUIREMENTS...........................................................................................8 ARTICLE 7 CONTRA CT TIME AND LIQUIDATED DAMAGES........................................................10 ARTICLE8 INDEMNIFICATION............................................................................................................12 ARTICLE 9 CONSEQUENTIAL DAMAGES..........................................................................................12 ARTICLE10 LAWS AND REGULATIONS..........................................................................I.................12 ARTICLE I i INDEPENDENT CONTRACTOR ......................... ................................ I......... I..................13 RESOLUTION 14 ARTICLE12 DISPUTE ................................................................................................... ARTICLE13 ASSIGNMENT....................................................................................................................14 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY.................................................................15 ............................... MAIEURE I ......... .................. 15 ARTICLE15 FORCE ..................................... ......... .... LAW ARTICLE16 CHANGE IN ..............................................................................................................16 ARTICLE 17 TERMINATION FOR DEFAULT......................................................................................16 ARTICLE 18 TERMINATION FOR CONVENIENCE............................................................................18 ARTICLE19 DOCUMENTS... ...............................................................18 ARTICLE 20 CONFIDENTIALITY ................................... ........................................... I ................ I..........l9 ARTICLE21 SEVER-ABILITY........................................................................................BILITY .••""""""""'""' 19 ARTICLE 22 PUBLIC ENTITY CRIMES.....................................................I......................20 .................... . ARTICLE23 EXHIBITS INCORPORATED............................................................................................20 ARTICLE 24 NOTICES ...I.........................21 ARTICLE25 CAPTIONS AND HEADINGS...........................................................................................21 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE....................................................................21 ARTICLE 27 ENTIRE AGREEMENT .............................. ............ ............... ............... I .................. I .......... 22 ARTICLE 28 SUBJECT TO APPROPRIATION......................................................................................22 ARTICLE29 ORDER OF PRECEDENCE .... ......................................................................... I ........... ,..... 22 Page 2 of kg RIPS# Zp_774g-Design Build of Velersn Memnria1 R ouIerard Erleusion-Phase 1" DESIGN -BUILD AGREEMENT This Agreement 'is made this, ) ALy of - , 2020 between Quality Enterprises USA, Inc., authorized to do business in the State of Florida hereinafter called "Contractor") whose business address 3494 Shearwater Street, Naples, FL 34117 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, {hereinafter called the "OWNER"j, (collectively referred to as the "Parties"). WiTNESSETH: WHEREAS, the Owner solicited for the provision of design and construction services related to the project as described in Request for Professional Services (RPS) #20-7708, "Design Build of Veteran Memorial Boulevard Extension -Phase l" on that property located on Veterans Memorial Boulevard from the intersection with Livingston Road to approximately 1.3 miles west of Livingston Road. hereinafter referred to as the "Project;" and WHEREAS, the Owner desires to contract with a single party to develop, design, and construct the Project; and WHEREAS, the Owner desires to engage the Contractor to perform services related to such work as described in Solicitation #20-7708, "Design Build of Veteran Memorial Boulevard Extension -Phase l" in accordance with this Agreement; and WHEREAS, the Contractor and its sub -consultants and subcontractors are licensed in the State of Florida to provide all engineering and general contracting services required to develop, design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.l The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement tall of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"): 1.1.1 This Agreement, the Exhibits described in Article 23 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. Page 3 of 65 RPS4I20-7708'DesiFn nuiId or Teleran NIeawrial noulevard Extension -Prase I" 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the perfonnance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro -geological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying, hydro -geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNEW5 review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 22.2 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. Z.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 J of &; RPSO 20-7709 "DesigA Build or Veteran Memorial Boulevard E%(easion-Pho%e t" 2.3 Construction Services 2.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide by itself or through duly licensed and qualified subcontractors the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described herein. 2.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work, CONTRACTOR. shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 2.3.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs other work: on the Project or at the site with separate CONTRACTOR's under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTOR's so that the Project can be completed in an orderly and coordinated inanner without unreasonable disruption. 2.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perfonn its construction services efficiently, safely and without interfering with the use of adjacent land areas, including compliance with the Land Development Code, Article V1, 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, equipinent, machinery and tools arising from the Work or applicable portions thereof to pennit OWNER to occupy the Project or a portion of the Project for its intended use. 2.3.5 CONTRACTOR slialI be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b, All Work and materials and equipment to be incorporated therein, whether in storage on or off the site and regardless whether purchased directly by the CONTRACTOR or OWNER; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. Page 5 OF65 RP54 Z0-770811Design Build (4Vetcrsn 19OF" nrill l Moto lu%ard Extension -Phase I" 2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them froln 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 infornation i.e., record as -built drawings and legal site descriptions if they are available the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors, reasonable access to the site. 3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work. a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work, 3.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR ar 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 strictures, such as pipes, tanks, cables and utilities as known to OWNER. 3.7 OWNER shall, within seven (7) days of becoming aware of the occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2.OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. rage G or d5 RPSOO 2U-7708 "Design Build of Vetersn Memorial Boulevard Extension -Phase I" GO ARTICLE 4 CONTRACT AMOUNT 4.1 In consideration of the faithful performance by CONTRACTOR of the covenants in this Agreement to the full satisfaction and acceptance of OWNER, OWNER agrees to pay, or cause to be paid, to CONTRACTOR the following amounts (herein "Contract Amount"), in accordance with the terms of this Agreement: 4.1.1 For all Design Phase Services, including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by the CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the Services and Work (as that term is defined hereafter), a total guaranteed maximum lump sum of Ten Million Sixty -Five Thousand Dollars ($10,065,000,00) for the entire Project, including alternate bid items. Owner's allowance and allowance items # 1-4 outlined in Exhibit A-1. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit B-1 and B-?, in the amount of I00°/n of the Contract Amount, the costs of whi ell 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.govle5701c570.html#certifled. Moreover, the surety shall be rated as "A-" or better as to general pal icy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc, of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the CONTRACTOR shall, within fourteen ( 14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 5.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder. Page 7 of 6S RPS# 204708 "Design Sulld of Veteran Memo risI Boulevard Extension -Phase V ARTICLE G INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily injury Liability and Property Damage Liability. This shall include Premises and Operations, Independent Contractors: Products and Completed Operations and Contractual Usability. B. Business Auto Liabili : Coverage shall have minimum Iiimits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$I,000,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice. or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer. and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTOR's, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNEWs separate CONTRACTOR's, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Page S ❑€'Gi R1150 20-7708 "Design RuiId of Veteran Memorial Boulevard C%lension-Phase I" 'E� 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6A CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B — Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE --The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to the OWNER of policy cancellation or non -renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such poI icy. 6.10 Should at any time the CONTRACTOR. not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand. OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be tinder no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. Page 9 of 6S RPS4 20-7708 "Design Build or Veteran Memo Hal Boulevard Extension -Phase I" 0 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 Certificates) 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 certificates) 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 erformance of the Work under this A reement. The Work will be completed in two phases (i.e. Design Phase and Construction Phase), the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 7.2 The Work shall be substantially completed within Eight Hundred Seventy (870) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which it is intended. 7.3 The Work shall reach final completion and be ready for final acceptance by OWNER within Nine Hundred Thirty (930) calendar days from the Commencement Date (herein "Contract Time"). 7.4 OWNER and CONTRACTOR recognize that. since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period noted above. OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, Four Thousand Eight Hundred Sixty -Six Dollars ($4F$66.00) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the CONTRACTOR fails to reach Final Completion within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the OWNER's Project Manager or his designee issues a Certiticate of Substantial Completion pursuant to the terms hereof: CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual darnages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Page 10 of 65 RPS# 20-7708 "Design Build of Veteran Memorial Boulevard Extension-1'haw T" i � ) 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 extensions shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONTRACTOR'S sole and exclusive remedy small be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by "days", the days shall be computed to exclude the First day and to include the last day of such time period. if the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recogn'szes that day as a legal hol iday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days" 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part, through another contractor or its own forces, the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 7.12 Notwithstanding anything herein to the contrary, the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER. the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER"s performance of the work due to any unreasonable action or delay on the part of the OWNER. Page 11 of 6s RP5N 20-7709" Design Build arVerersn Memorial Soule►ard E%tensiae-Phase 1" 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages tender this Agreement through the liquidated damages does not preclude OWNER front recovering from CONTRACTOR any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments. actions. proceedings. losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWN ER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence). statute or strict liability. ARTICLE 10 LAWS AND REGULATIONS 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 12 ofkS RPS# 20.7708'Design Build of Veteran MC—arial Boulevard Extension -Phase I" OAQ 10:3 Contractor snail 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 l I9.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO 13ROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tarniami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 PublicRecordRe uest eolliercount -fi. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perfonn the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shalt destroy any dtcplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 1 f the Contractor keeps and maintains publ is 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 fonnat that is compatible with the information technology systems of the public agency. ARTICLE 11 INDEPENDENT CONTRACTOR i I . I 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). Page 13 uf' 65 RPS# 20-7709 "design Bulid of Veteran N9emorisI Boulevard Extension -Phase l" 9 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 tertn "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 (1 S) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed - upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision -making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County. Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior express written consent of OWNER. which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such OWNER's consent, shall be void. if CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward OWNER. Page 14 of 45 RPSli 20-7708 "Design Build or Veteran Memorial Boulevard Extension -Phase r' 9 ARTICLE 14 PERFORMANCE OF WORT{ AND REMEDY 141 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers. fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2 No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other representative of the OWNER, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, failure of the CONTRACTOR to correct the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. ARTICLE 15 FORCE MAJEURE 15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force majeure, by any act of CONTRACTOR, of OWNER or a third party, by extreme adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided, however, that the delay would not have occurred but for the act or the force majeure. 15? In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described lie reinabove, to carry out its obl igat ion 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 inajeure" as employed herein shall mean acts of Nature, acts of public enemy, war, blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to Page 15 ❑f65 RPS# 20-7708 "Design Build or Veteran Memorial Mutevard F11easion-11hase r' 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 an), federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a .judicial or quasi-judicial capacity, if the issuance or modification of any such order, decree, or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) either fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Schedule of Values; or (3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable; or (4) discontinues prosecution of the Work; or (5) fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy: or (7) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work. or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6) and (7) herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the defaults) 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 obits 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 ofall 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 rernedies necessary CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All Page 16 of 65 RPS# 20-7709 "Resign Build or Veteran N1cmoriul Boulevard Exteuxion-Phase P' t`A[) moneys expended and all of the costs, losses, damages and extra expenses, including all management. administrative and other overhead and other direct and indirect expenses (including Design Professional and reasonable attorneys' fees, including appeals) or damages incurred by OWNER 'incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount. CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the OWNER to complete the Work, such excess with such interest shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or OWNER, as the case may be, shall be approved by the OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work. and in settlement, discharge or compromise of any claims. demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of CONTRACTOR's right to proceed pursuant to this Section, it is determined for any reason that CONTRACTOR was not in default, or that its default was excusable, or that OWNER is not entitled to the remedies against CONTRACTOR provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent, good faith efforts to mitigate any of its damages against the CONTRACTOR. 17.7 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor. then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. if Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date. but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. Page 117 aF65 RPSW 20-7708 "Drsign Bit iid uF Veteran Memnrial Miner and E%lension-Phase I" ARTICLE 18 TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of tennination, together with any retainage withheld and reasonable termination expenses incurred, but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five (5) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (f) 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 othertechnical data, other than working papers, prepared or developed by or For CONTRACTOR Linder 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 identities, 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 Page i8off5 PPS4I0-7709"Design Build or Veteran Memorial Boulevard E%lension-Phase i" OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 20 CONFIDENTIALITY 20.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs. plants, processes, products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 20.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner infonnation which it can show: a. Has been published and has become part of the public domain other than by the acts, ainissions or fault of CONTRACTOR its employees, agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER} as a matter of legal right without restrictions on its disclosure; C. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR, or e. Was required to be disclosed by law. Provided, however, CONTRACTOR shall not release. or cause or allow the release of, information to the communications media, except as required by law, concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two (2) years from the completion of Services. ARTICLE 21 SEVERABILITY 21.1 In the event any provision or part herein shall be deemed invalid or unenforceable. the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 21.2 All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. Page 19ot'65 RPSN 20-7708" Design Build orVclersn 69emorial Boulevard Extension -Phase I^ 00) 22.1 ARTICLE 22 PUBLIC ENTITY CRIMES By its execution of this Contract, Contractor acknowledges that it has been informed by Owner of the terns of Section 287.133{2}(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ARTICLE 23 EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. ExhibitA-l: Contractor's GMP Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit C: Release and Affidavit Form Exhibit ❑: Contractor Application for Payment Form Exhibit E-1: Change Order Form Exhibit E-2: Work Directive Exhibit F: Certificate of Substantial Completion Fonn Exhibit G: Final Payment Checklist Exhibit H: General -terms and Conditions Exhibit 1: Truth in Negotiation Certificate The RPS #20-7708 "Design Build of Veterans Memorial Boulevard Extension -Phase I" Step - One Design Criteria and Step -Two, including attachments, exhibits, and Addenda with attachments, are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://�vw,,v,bigdsync.com/bidsyne-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Page 20 ol'65 RPS# 211-77118 "Design Build of Vetersn MeineAsI Hgalevard Extension-Phaw I" ARTICLE 24 NOTICES Any notices required to be given under the tenrls of this agreement shall be provided in writing and posted in regular mail, postage prepaid, to the following addresses: CONTRACTOR: Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, FL 34117 Louis J, Gaudio, Vice President Telephone: 239-435-7200 Email: Leaudio@a gCttsa.com OWNER: Transportation Engineering Division 2885 South Horseshoe Drive Naples, FL 34104 Bee Thao, Sensor Project Manager Telephone: 239-252-5844 Email: Bee.Thao t-; colliercoun fl, ov For the purposes of this Agreement. notices shall be deemed to have been received upon three (3) days' time after posting of the written notice in the U.S. Mail. ARTICLE 25 CAPTIONS AND HEADINGS 25,[ 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 25 TRUTH IN NEGOTIATION CERTIFICATE 26.1 In accordance with provisions of Section 297.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Exhibit I certifying that wage rates and other factual unit Costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. Page 21 ol-65 RPSN 20-7708 "Design Build of Veteran Memorial Boulevard Extension -Phase I" OCAO 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 terns 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 2U 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 Terns and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Tenns and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Page 22 ol'65 RPS4 20-7708 "Design BuIId of Veteran Memorial Boulevard Extension -Phase I" IN WITNLSS WI-IRREOF, the parties hereto, have each, respactivoly, by tilt autltt)rized person or agent: have excouLed this Aare on the date and year first written above. A'i EST: Crystal K. Kinrel, Clerk of Court lignatelre only, Contractor's Witnows: Contraetar'�t first Witltc�s -Signature Maraarita Neor n fiTyp print w4ess name's F - - - --Contractor's Second Witness — Sign -Mum Marcie Cohen *Typclplint witness name* Appr vod as t rm L lily Sco , oach, Dep ity Cotmty Attorney BOARD Or COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt 14. Stnindars, Citnirmaa Quality ]Enterprises USA, Inc. BY: Signatttte — Authorized Agent Louis J. Gaudier Vice President *TI pelpritit title* RPq x m(is "ncmgn nun arveleron h1emorini 11rntlunrd MILil%to1 those 1^ CA EXHIBIT A-1 GMP Item # I Item Description Unit uanti Price I Design -Build Base Bid Lump Sum l S 10,065,000. Page 24 of 65 RPS4 20.7708"Design Build of Veleran Memurial Boulevard Extension -Phase i" CA EXHIBIT A-z CONTRACTOR'S PROPOSAL (following this page) Page 25 of GS RPSM 20-7708 "Design Build or Vetcren memorjai Boulevard Extension -Phase I" OAO 0 1 Transmittal Letter & Executive Summary 02 Project Team Approach 03Technical Information 011 Transmittal Letter &Executive Summary Procurement Services Division Attn7 Patrick Boyle, Procurement Strategist 3295 Tamiami Trail East, BLDG C-2, Napes, FL 34112 MAY 20, 2020 DEAR MR. BOYLE AND COMMITTEE MEMBERS, Enclosed please find our Step 2 response to PPS No: 20-7708 for the Design -Build of Veterans Memorial Boulevard Extension - Phase 1 Project. This response is submitted on behalf of the Quality Enterprises USA, Inc. (QE), Q. GradyMinor 8 Associates, P.A. (GM), and Preferred Materials, Inc. [PMI] Design -Build team. We have received, reviewed, and understand the requirements of RPS No: 20-7708 - Step 2 and agree to be bound by these requirements, including all addenda. Legal evidence of the authority to execute and sign this proposal is included at the end of Section 3: Technical Information. Our Guaranteed Maximum Price (GMP) has been delivered to you under separate cover. We acknowledge receipt of Addendum I dated March 17,2020, Addendum 2 dated March 18, 2020, Addendum 3 dated March 30, 2020, Addendum 4 dated April 21, 2020, Addendum S dated April 23, 2020, Addendum 6 dated May 5, 2020, and Addendum 7 dated May 12, 2020. The signed addendums are included at the end of Section 3: Technical Information. The principal contact for our team will be myself, Louis 1 Gaudio, and my contact information is listed below. On behalf of the Quality Enterprises USA, Inc., Q. GradyMinor E Associates, P.A. and Preferred Materials, Inc. Design -Build team, I thank you for the opportunity to propose on this project. Sincerely, LOUIS J. GAUDI❑ Vice President Quality Enterprises USA, Inc. 34.94 Shearwater St. Naples, FL 34117 239-435-7200 Igaucl ao(aqeusa.com TRANSMITTAL LETTER & EXECUTIVE SUMMARY QE + GM + PMI 1 A PROVEN & ESTABLISHED PARTNERSHIP The Quality Enterprises USA, Inc. JQE) + Q. GradyMinor & Associates, P.A. (GM) + Preferred Materials, Inc. (PMI) Design -Build team is highly qualified for the Veterons Memorial Boulevord Extension - Phase T Design - Build Project. QE + GM have collaborated on over 40 projects and maintain a strong working relationship with PMI. The team is well established in Collier County and has more than 100 years of experience combined in the local area. Together, QE + GM + PM1 have successfully completed hundreds of projects with similar components, maintain an outstanding working relationship with each other and with Collier County, and have a vested interest in the success of this Design -Build project. QE +GM + PMI will work collaborativelyto provide Collier County with the most cost effective and successful design and construction services. Together, QE + GM + PMI will: ■ Work closely with Collier County staff to identify and meet all goals ■ Provide industry -proven, technical, construction, and management expertise ■ Use local resources to meet the County's desired schedule ■ Identify and mitigate risks to avoid delays and provide the most cost-effective solutions ■ Comply with all Design Package Criteria and County Standards for utilities, roadway, and ROW ■ prioritize public concerns to avoid impacts on surrounding residents, areas, and the environment ■ Be available to the County at all times QE is a versatile general contractor and will self -perform over 80%of this project. PMI will install all asphalt, and an experienced, local subcontractor familiar with Collier County Standards will provide lighting and signalization. QE's a bility to seff perfor m allows for flexibility in scheduling, ad aptabil ityto rapid project chan ges, and guarantees that a skilled, local, and dynamic workforce will be available throughout this Design -Build project. The QE + GM + PMI team has also assembled a group of highly reputable, local companies with proven success to participate in this Design -Build project. Bridging Solutions, LLG. will provide Structural Design, Cella Molnar & Associates, Inc. will handle Public Information, Earth View, LLC. will perform Subsurface Utility Engineering services, Forge Engineering Inc. will oversee Geotechnical Engineering, McKim & Creed, Inc. will provide Right -of -Way Mapping, Passarella Associates, Inc. will manage Environmental Consulting, and Trebilcock Consulting Solutions, PA will design Street lighting and Signalization. 'Please note that McKim & Creed, Inc. has been added to the original QE + GM + PMI Design -Build team. PROJECT GOALS AND OBJECTIVES The QE + GM + PMI team understands the County's intent to extend Veterans Memorial Boulevard (VMB) from Livingston Road to the new high school. The new roadway geometry will be urban (curb and gutter) divided arterial consisting of four, eleven -foot travel lanes (two in each direction), a 27-foot wide raised median, five-foot wide on -street bike lanes, and six-foot wide concrete sidewalks on both sides of the roadway. The eastbound travel lanes will align with the existing roadway alignment. The eastbound sidewalk will align with the existing sidewalk along the south side of the existing VMB. QE + GM + PMI's projected workload aligns with the proposed Design -Build schedule and the team commits to providing the required services, mobilizing resources in response to the established timeline, and to being readily available and accessible during all phases of the project. DESIGN -BUILD DELIVERY PLAN QE has successfully completed hundreds of projects for Collier County. With key players from QE and Collier County involved on many of the same projects, a strong relationship has been formed and the QE + GM + PMI team is aware of the County's high standards and expectations far local work. The QE + GM + PMI team has put a significant amount of planning: into this project and the team's understanding of local conditions will expedite movement through all phases. QE's role as overall project manager includes: overseeing clearing and grubbing, earthwork, installation of storm piping, utilities, base courses, curb and sidewalk. GM will be instrumental in the project design and will provide survey, permitting, construction administration, and construction engineering inspection (CEI). PMI will perform all asphalt paving on this Design -Build project. 02 C:+ttl TRANSMITTAL LETTER & EXECUTIVE SUMMARY PROJECT OVERVIEW AND BACKGROUND Collier County Public School (CCPS) is opening a new high school in August 2023 on a 15-acre CCPS property located on the south side of the proposed Veterans Memorial Boulevard (VMB) extension, approximately 1.S miles west of Livingston Road. As a result of the new high school opening in August of 2023, Collier County has decided to proceed with the planned 4-lane extension for VMB from Livingston Road to Old 41 Road. As understood, all right-of-way (ROW) f rom Livingston Road to Old 41 Road has been secured by the County except for the ROW at the Seminole Gulf Railway (SCR) crossing. Due to the ROW at the SG not being secured to date, and environmental permitting required on the western portion of the proposed VMB extension, the County has divided the VMS extension project into two phases. Phase I is from Livingston Road to the eastern entrance of the proposed high school (approximately1.3 miles west of Livingston Road) and the future phase will connect from the terminus of Phase I to Old 41 Road. To accommodate the high school opening in August 2023, Phase I of the VMB extension project requires that the roadway extension is designed and constructed to the traveling public (Substantial Completion) by January 27, 2023 and Final Completion by March 31, 2023. Additionally, construction of the proposed high school is scheduled to begin by June 18, 2021. As a result, Phase I of the VMB extension project includes that a construction access road extending from the west terminus of the existing VMB to the high school property be constructed by June 18, 2021. In addition to providing access to the proposed new high school, VMB extension is a critical east/west link in the Collier County road network as detailed in red in Exhibit 11 In an effort to help expedite the permitting process, Collier County has contracted separately with consultants to begin the permitting process through the South Florida Water Management district (SFWMD) and USACE. The QE + GM + PMI tearn has reviewed all of the applications and Due Diligence Reports that were provided with Step 2 of the Design -Build process and has a firm understanding of where the permitting process stands and the outstanding challenges that are being worked through. THE QE + GM + PMI DESIGN -BUILD TEAM PROVIDES A UNIQUE ADVANTAGE TO COLLIER COUNTY, AS GRADYMINOR HAS WORKED ON THIS CORRIDOR FOR APPROXIMATELY 15 YEARS. As discussed in Step T of the Design -Build process, GradyMinor succeeded Heidt and Associates as Engineer of Record during construction of the road segment between Livingston Road and 1-75 in the mid 2000's and are also the Planner, Engineer, and Surveyor for the Imperial Lakes PUD project, located adjacent to the proposed new high school. DESIGN AND CONSTRUCTION PLANS OVERVIEW ROADWAY DESIGN — A critical first step in designing a new roadway is establishing the design criteria and standards that must be adhered to based on the type of facility and if it is part of the State Highway System (SHS). The VMB extension will be designed per the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook) as it is a public road, but is not part of the SHS. *The Design Criteria Matrix provided on the following page details the Roadway Design Standards for this Design -Build Project. a3 iu Veterans Memorial Bouelvard Extension Phase 1 Design Criteria & standards 2ol6 Manual of Uniform Minimum Standards for Design. Construction and Maintenance for Streets and Highways (Florida Greenbook) ']f17R Frl(]T rlccinn AAaniial A:r1M1 DESIGN ELEMENT Desipin Standards REFERENCE FACILITY TYPE Urban Arterial Florida Greenbook Table 3-1 DESIGN SPEED 45 POSTED SPEED 35 LANE WIDTHS 11' Florida Greenbook ITable 3-10 TURN LANE WIDTHS 11' Florida Greenbook Table 3-10 IHORIZONTAL ALIGNMENT MEDIAN WIDTH 22' FDM (Table 210.3.1 Context C3) CROSS SLOPE Minimum = 0.015 Florida Greenbook (C.7.b.2) Max = 0.04 CHANGE IN CROSS SLOPE Should Not Exceed = 0.04 Florida Greenbook (C.7.b.2) BETWEEN ADJACENT THROUGH HORIZONTAL CURVATURE (MAX. 80 15' Florida Greenbook (Table 3-5) CURVATURE HORIZONTAL CURVATURE (MIN. 680, Florida Greenbook (Table 3-5) RADIUS SUPERELEVATION (em.,) 0.05 Florida Greenbook (Table 3-5) MAX DEFLECTION WIO 10 00' FDM (210.8.1) HORIZONTAL CURVE MAX DEFLECTION THROUGH 3° 00' FDM (Table 212.7.1) INTERSECTION SHIFTING TAPER LENGTH (NON- L=(W'8)12 FDM (212.6) MERGING 4' CLEAR ZONE (FROM FACE OF (May be reduced to 1.5' where Florida Greenbook (Table 3-15) CURB) 4' cannot be reasonably obtained IVERTICAL ALIGNMENT I MINIMUM GRADE 0.3"A Flonda Greenbook (Table 3-7) MAXIMUM GRADE 6% Florida Greenbook (Table 3-7) MAX GRADE CHANGE WITHOUT 0.70% Florida Greenbook (Table 3-8) VERTICAL CURVE MINUMUM VERTICAL CURVE 135' Florida Greenbook (Table 3-9) LENGTH- CREST MINIMUM K VALUE- CREST 61' Florida Greenbook (Table 3-9) MINUMUM VERTICAL CURVE 135, Florida Greenbook (Table 3-9) LENGTH -SAG MINIMUM K VALUE- SAG 79 Florida Greenbook (Table 3-9) 04 i 1 TRANSMITTAL LETTER $ EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT, The VMB Extension -Phase 1 Design -Build Project will bean urban (curb and gutter) divided arterial consisting of four, eleven -foot travel lanes (two in each direction), a 27-foot wide raised median, five-foot wide on street bike lanes, and six-foot wide concrete sidewalks on both sides of the roadway. The eastbound travel lanes will align with the existing two-lane access road and the existing sidewalk along the south side of the existing VMB. The existing two-lane roadway curves slightly to the north just west of Veterans Elementary School and therefore will need to be reconstructed to allow for proper horizontal alignment of the new roadway section. Exhibit 1.2 depicts the existing roadway's slight shift to the north. one of the minor changes that the QE + GM + PMl team included in our proposed layout is the adjustment of the median width that is currently depicted in the proposed permit plans, provided in Step 2 of this solicitation. Per the Florida Green book, the median width is defined as the horizontoI distance between the inside edge of travel €anes of the opposing roadways. The proposed permit plans detail a 29-foot median. As stated in the proposed Design Criteria Matrix, the required median width is 22-feet wide. The QE + GM + PMI design includes a median width of just over 27' that will allow for the construction of a 4-foot wide traffic separator, which is the minimum recommended traffic separator width, at the dual left turn lane locations (Phase 1 includes a total of three dual left turn lanes.) Additionally, the QE + GM + PM1 design includes a slight modification to the single left turn lanes along the corridor as shown in the proposed permit plans. The QE + GM + PMI design of proposed single left turn lanes will provide a positive offset for any future opposing left turns that may be added. Exhibit 13 details the benefit of providing for a positive offset for opposing left turn lanes. While there are no opposing single left turn lanes shown in the current design, providing the safest layout of the proposed single left turn lanes will assure that a positive offset is maintained if a future opposing left turn lane is added, reducing the amount of reconstruction that would be required versus what would be required if the design in the proposed permit plan was constructed. Another critical component of the corridor design is the layout of the intersection of VMB and Livingston Road. The Negative and Positive offset between opposing left turn lanes l I widening of the roadway to a four -lane divided roadway to the west of the intersection will require transitions to -- — — — — -- — — — be accounted for to the east of the intersection. The QE � � r + GM + PMI team has included the necessary transitions Negative Offset Positive Offset per Exhibit 210-4 of the 2020 FDOT Design Manual, shown — --- ---- r" in the plans and below in Exhibit 1.4. i s Source: Plans Preparation Manual Vol. 6 2.13.3 .................. srrr�+� 4y�1� ` r f71 I .................. ............ ..�� .^ ......... 03 TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CANT. ACCESS MANAGEMENT -As stated in the Design Criteria package, the design -Build team "shall validate the anticipated Class 3 Access Management Classification or recommend an appropriate classification." Exhibit 1.5 details Collier County's Access Management Standards provided in Collier County's Transportation Planning Development Cuidebook and per Resolution 13-257. Collier County Access Management Standards (Resolution 13-257y M„1[r1,tIrI1 _ —_— . v MfirN»usn A''�'';' F,rClIY1y it allu+lK r.;pr+nrCtierS rV inUnIun1 MI Lftpll ppl" — drr pi rlurl4l fttl! {1RetH2I $tRn+}I SpArlr� (:lays Sp.'kung [free yI Y}[3) {rntit2l [IneriL�1 7 Can tlestlyd A Cpss 132ff16i.7U iY,TO 2ti.lp Q S 3 Artr•t.,rlt arA Collector+:. dw+Ectr 6613/3313 rv60 132d d3.S 4 bbotilA3 N/A lilal O 5 Artr+lals Allp CuHrrstars, cilv-ded 33012.0 arR 1 .92i3J66U D 5I 25 a Aare+ale and Cdtlrttnrc, Lutdlv+drl 3301220 WA NJA O 24 7 Ar1sr41rs ir>L1 CaMpCt�1, rityrclnd attl unryvrJpeE 1x7+ 330 d.44r CI.�S Hut as I1Y A'„stun! •�I•.rt+ltrt I]l ft~ nunul'gpn M1y r/ing •1 A net+Ifat nblr PCn tyo optl,owlV, Ir at*eb"ry unai AIMI ttOFAVO ,1 tI'WJ1PCO I Si Stn&N, pe*prrt7— Wtth F,Unl q1 r.a r+r9v+Q tlk# rn+f1„•.,Nn itI14 I11[ [.Ite$-d 1"Jr Iltll flrmLW" r. 0~ tW IV 00, Of e ,n.rAn 1,- 01a nr ui 1k,%ut,lr aalilrlMtnlfHl4 _� Team Member Norman J. Trebilcock (Trebilcock Consulting Solutions, PA) assisted Collier County with the most recent update to the County's Access Management Resolution 13-257. When considering the Access Management Classification for a roadway, a review of potential compliance with the spacing criteria for the existing/planned drives, medians, and signals can be helpful to determine the most appropriate Access Classification. Exhibit 1.6 provides such a review and based on this table, the QE + GM + PMI team believe that an Access Class of 5 would provide the greatest degree of compliance for this Project. - ACCESS CLASS S PROVIDES THE GREATEST DEGREE OF COMPLIANCE VETERANS MEMORIAL BOULEVARD PHASE I ACCESS MANAGEMENT LOCATION TYPE ACCESS SPACING {FTI CLASS 3 METi CLASS 5 MET? I REMARKS Figure driveway to be Nigh School Bus constructed in next phase of Entrance FUTURE-•NIC 965 No YES project High School Student Distance from HS signal to Entrance FULLSIGNAt 4.830 YES YES elementary signal Secoya Potential residential access For Reserve/Mediterra Mediterra Community Residential DIRECTIONAL 505 No YES {secondaryl Potential to coordinate Mediterra RIGHT IN/RIGHT maintenance drive to align with isi:hool Maintenance Drives OLA 230/4901 NOMO NO/YES Veterans Memorial Elementary School Parent/Suff Distance from elementary Entrance IFULLSIGNAL 1870 NO NO signal to Livingston Rd signal Veterans Memorial Bus entrance has internal Elementary School connection to school signal for Bus Entrance DIRECTIONAL 900 NO YES left out movement Gvingston Road FULL SIGNAL CLASS 3 - 660 FT MIN CONNECTION; 1.120 FT DIRECTIONAL; 2,640 FT FULL & SIGNAL CLASS 5 = 330 FT MIN CONNECTION; 440 Fir DIRE CTIONAL;1.310 FT FULL; 2,640 FT SIGNAL EXISTING DEVELOPMENT ACCESS - The Mediterra Community runs along the entire 1.5-mile north frontage of the roadway ROW. The Mediterra golf course maintenance facility has two access drives on the existing section of VMS that is going to be improved to 4-lanes. In addition, the Mediterra Community may have interest in connecting to VMB for com mu nity traffic as a means of improving their overall access and circulation. The Secoya Reserve residential community (Sandalwood PUD) is 57-lot single family subdivision that has a driveway connection on the south side of VMB western terminus. Veterans Memorial Elementary is just east of Secoya Reserve and has two driveway connections onto VMB. The Imperial Golf Estates is along the south frontage of VMB that has not been extended yet. The Imperial Golf Estates is not anticipated to connect to VMB, since their developed single-family platted homes are along the entire frontage without an opportunity for a street connection to VMB. Though there are not many drives along the roadway, coordination with the developments and school are important to create a desirable driveway spacing. Members of the QE + GM + PMl team have had past involvement in the Mediterra and Secoya Reserve projects. Through a proactive community coordination approach with the residential developments and CCPS, the QE + GM + PMI team believes that an effective Access Management program can be developed on VMB. TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. NOISE STUDY - The QE + GM + PMl team has reviewed the EXISTING PAVEMENT ASSESSMENT - As part of the many site Traffic Noise Technical Memorandum prepared by AIM inspections performed by the QE + GM + PMI team, a roadway Engineering & Surveying, inc. and has a full understanding of exisiting pavement inspection was performed to inspect for the study results as it pertains to Phase I of the VMB extension. any signs of pavement distress that may require the existing The results of the study concluded that noise barriers at roadway be fully reconstructed. The existing pavement between Imperial Golf Estates and Secoya Reserve, which are within the the western property line of Veterans Elementary School and limits of Phase I of the VMB extensions, were found to meet the Livingston Road is in good condition and the proposed milling noise reduction requirement but were not cost reasonable and and resurfacing associated with this project will suffice. The therefore not recommended. The noise study did conclude portion of the roadway between the existing western terminus that noise barriers in the form of a 1,3B0-foot,16-feet wall were point of the roadway and western property line of Veterans both a cost reasonable and feasible abatement measure for Elementary School is showing signs of pavement distress the impacted 23 residences identified as sensitive sites located in the form of longitudinal cracking, as shown in Exhibit 1.7. within Landmark Naples. Landmark Naples is located on the However, as this portion of the existing two-lane roadway will south side of the ROW at the west end of the future phase of be reconstructed to correct the existing alignment issue (slight the VMB extensions. curve to the north), the longitudinal cracking is not a concern. DRAINAGE DESIGN -- As detailed in the documents provided in Step 2 of the VMB Extension - Phase 1 Design -Build Project, the County is working with an Environmental Consultant on the preliminary drainage design in an effort to obtain an Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD). The surface water management system will be designed per the SFWMD "ERP information Manual 2014". in addition to the ERP Information Manual 2014, the drainage infrastructure Will be designed per the design criteria detailed in the Florida Department of Transportation (FDOT) 2020 Drainage Manual. *The following page has a detailed list outlining the design parameters associated with the drainage system. The drainage design on Phase I of the VMB extension consists of one (1) major basin divided into three (3) sub -basins. Turrel1, Hall & Associates (THA) established the control elevation for the entire basin within Phase I as 10.5 ft. NAVD from wet season water nails. Runoff from the roadway will be collected via curb inlets along the roadway and will convey the water to wet and dry detention ponds located to the north of the roadway within each basin. The existing drainage extending from the westernmost portion of the existing two-lane access road to just west of Veterans Elementary School will need to be reconstructed. As seen in Exhibit 1.e, the existing drainage within this portion of the corridor consists of concrete flumes which conveythe drainage runoff into a small Swale on the southern side of the road. The proposed design will include realigning this portion of the roadway due to the current alignment of the corridor turning to the north, as outlined above. The drainage system in this portion of the roadway will be reconstructed with Type 6 curb inlets that will be connected via a cross drain to the dry detention area to the north. . The QE + GM + PMI team has included in our preliminary design to reconstruct the existing drainage inlets & cross drains within the existing two-lane access for the following reasons: It► The existing curb inlets consist of Type 9 curb inlets which convey water to cross drains that extend W north to mitered end sections, as seen in Exhibit 1.4, Type 9 corb inlets are typically intended far locations with light to moderate flows and/or where ROW width is limited and does not provide the space to construct throated curb inlets. VMB is classified as an arterial roadway within Cotlier County's roadway network and has sufficient ROW. Therefore we are proposing the use of Type 6 inlets along the corridor. The QE + GM + PMI considered the use of Type 5 inlets asnanking inlets on both sidesof the proposed Type 6 inlets, per Section 3.71.1 (Inlets) of the FDOT Drainage Manual. However, this would Increase the cost of the project and based on our experience with the County, Type 5 flanking inlets are not typical. For example recent construction on Livingston Road does not utilize flanking Type 5 inlets. GThe existing cross drain inverts are too high far the design of the proposed Type C Ditch Bottom Inlets (OBI) that are located within the proposed dry detention area. If the existing crass drains were to remain, then a junction box would be located within the median to allow for the construction of a deeper cross drain to the north to the proposed Type C DBI. Reconstruction of the proposed infrastructure will provide a consistent design with the new portions of the corridor which will consist of Type 6 curb Inlets conveying runoff to Type C ❑Bls located within the dry detention area. 07 G TRANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. PIPE MATERIAL TBD based on optional pipe analysis. Assumed RCP for conceptual plans and price. Potential cost savings if other FDOT approved material is deemed acceptable. DESIGN STORM FREQUENCY 10-year (Table 3.1 FDOT Drainage Manual). The rainfall intensity will be determined from the OF STORM DRAIN SYSTEMS "Rainfall Intensity -Duration -Frequency Curve for Zone 8" based on the time of concentration of each contributing sub basin within the project limits. DESIGN TAIL WATER Based on surrounding SFWMD ERP permits, surveyed elevations of high water lines/marks, and local tidal information. RUNOFF DETERMINATION Rational Method per Section 3.5 of FDOT Drainage Manual. POND SIDE SLOPES Side slopes will be no greater than 4:1. CONTROL ELEVATION 10.5' NAVD. Based on surrounding SFWMD ERP permits and site specific Seasonal High Water information provided byTurreli, Hall & Associates. TIME OF CONCENTRATION 10 minutes minimum. MINIMUM CLEARANCE Excluding minor losses, the storm sewer system shall provide a minimum clearance of 1 foot from the Hydraulic Grade Line (HGL) to the gutter elevation. This will not apply to ditch bottom inlets where temporary pond ing is not objectionable. if all minor losses are considered, then it is acceptable that the HGL. can be designed to the gutter elevation. MINIMUM VELOCITY The minimum velocity shall be 2.5 feet per second (fps) in the storm sewer pipes. OUTLET VELOCITY If greater than 6 fps then erosion protection and/or energy dissipation shall be considered. MANNING'S COEFFICIENTS TBD based on optional pipe analysis. Assumed 0.012 for concrete pipe for initial design. MINIMUM PIPE DIAMETER The minimum pipe diameter shall be 18 inches. MAXIMUM DISTANCE Maximum distance between pipe access shall be 300 feet for pipe diameters of 18 inches, 400 feet BETWEEN PIPE ACCESS for pipe diameters of 24 to 35 inches and 500 feet for pipe diameters of 42 inches or larger. CALCULATED SPREAD AT Using an intensity of 4 inches per hour, the calculated spread at each curb inlet shall be less than EACH CURB INLET one half of the width of the outside travel lane. MINIMUM VERTICAL Minimum vertical clearance from other utilities shall be a 1 foot unless otherwise specified by CLEARANCE Utility Standards. The corridor will drain to the wet detention pond located at the far west side of Phase I of the VIA extension and will have one control structure, S-136, located in the southeast corner of the pond. Exhibit 1.10 details the layout of the proposed wet detention pond. it MEOITERRA 5-133 I _ - 1 5-126 I I s-7zT swnn -- :.- : 1 VET of re NY7Q+Y �¢5- ! f f ApNC1 r _ r 0.57% AC C 0+00 y � �•!76 1 5-734} 5-73T 5-140 I _ � OFIFN7'10M POND AC_ BEGIN PROJECT BEGIN ROADWAY IMPROVEMENTS STA- 87a-56.45 PROPOSED HIGH SCHOOL SITE as TRANSMITTAL LETTER A EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CONT. PROJECT OUTFALL -The discharge from the control structure located on the southeast corner of the proposed wet detention pond will discharge south via a bubble up structure located within an existing outfall ditch just south of the existing ROW. This discharge Swale, highlighted blue, extends east ultimately to a ditch that runs along the eastern limit of the Imperial Golf Estates property, highlighted orange. The stormwater is then conveyed through a ditch which discharges into the Imperial Drainage outlet Basin, as depicted in Exhibit 1.11, and then eventually into the Cocohatchee River. IIII 1 !� - -- _ �� '--..., se- _•��- -^ .i ^'mod ADJACENT PROPERTY OUTFALL - Construction of Phase t of the VMB extension will impact the discharge for two existing outfalls from Mediterra, which is the residential community on the north side of the County's ROW. The outf ails will be impacted as follows: • WESTERN OUTFALL FOR MEDITERRA-The existing western outfall for Mediterra discha rges to the same drainage ditch located on the eastern limit of the Imperial Golf Estates property Via the existing swale on the south side of the ROW. A bypass system will need to be constructed extending from Mediterra's control structure, around the proposed wet detention that will be constructed with Phase 2 of the VMB extension project and ultimately to a junction box that will convey both the stormwater from the wet detention lake and Mediterra's western control structure to the bubble up structure just south of the ROW. 'EASTERN OUTFALL FOR MEDITERRA - The existing eastern outfall for Mediterra discharges south to the same drainage ditch located on the eastern limit of the Imperial Golf Estates property. A bypass system will need to be constructed from Mediterra's eastern outfall via a stormwater pipe under VMB and discharge into the outfall ditch adjacent to Imperial Golf Estates. POND SITING REPORT - The QE + GM + PMI team has a firm understanding of the five (5) pond locations that are being assessed for the future phase of the VMB extension. The team is familiar with the challenges associated with the ponds due to the potential need tilit--flirtc FPI trancmictirnn lines and havina to work with Conservation Collier and/or property owner of the T11ANSMITTAL LETTER & EXECUTIVE SUMMARY DESIGN AND CONSTRUCTION PLANS OVERVIEW CANT. SIGNALS -The intersection of VMS and Livingston Road is already signalized and adjustments to this location as well as desired upgrades (i.e. retroreflective backplates) will be incorporated into the signal design. Given that the original signal layout was based on a 6 lane by 6 lane layout and the proposed intersection will be a 6 lane by 4 lane layout, a new configuration of the mast arms is warranted. The QE + GM + PMl team has provided a design layout that meets current signal design approaches with staggered right turn stop bars for better sight visibility. The team has also provided a layout with far side intersection signal indications requested by staff and no need for supplemental near side signal heads. The team has laid out the intersection with 30 ft. radii entering VMS and 50 ft. radii entering Livingston Road to account for anticipated operations on the intersecting roadways. Two new signal installations are anticipated for the project at Veterans Memorial Elementary and at the future high school site. The team will design the signal system with fiber interconnect between the signals to be expanded in the future to the west as well (Le. to Old 41 and US 41). As an alternative intersection treatment, roundabout expert Michaei Wallwork with Afternative Street Design will review the feasibility of roundabout traffic control in lieu of signalization at these two locations. This design approach is consistent with FDOT recommendations and will help to achieve optimal safety and efficiency in the project's intersection design treatment. _T �_717, mll!lll"lk-qml `Exhibits 132,133,1.14 display the Preliminary Signal Layouts for this Design -Build project. LIGHTING - There is no existing street lighting along the 2-lane developed section of VMB. There is an existing overhead electric distribution line along the south ROW of VMS that will impact the placement of the proposed street lighting system. Due to the existing residential development along this corridor, consideration of a staggered lighting system with a lower mounting height as an accommodation is recommended. The team has prepared a design layout using Collier County's desired Apollo Light fixture (seen in Exhibit 1.15) and will use a lower mounting height base to address potential concerns of nearby residents. These fixtures are also available with house shields to prevent additional backlighting, which are included in the team's design. The results of using the LED Apollo light fixture mounted on a 30-ft aluminum pole with an eight foot arm results in an efficient staggered spacing on each side of the roadway. This layout would accommodate future median landscaping as well. In limited locations, the team would have median lighting to avoid conflicts with overhead electric lines and underground utilities. Light levels will meet exceed applicable FDOT Design Manual arterial criteria for average foot-candles and uniformities. 160 mph wind speed criteria would be met as well. UTILITY DESIGN -There is currently an existing 12-inch PVC water main and 12-inch wastewater PVC force main along the south side of the existing two-lane VMS. Exhibit 1.16 depicts the temporary blowoff assemblies at the western terminuses of the existing water and wastewater mains. The permit plans provided with Step 2 of this solicitation depict a proposed 12-inch water main and 12-inch wastewater farce main extending on the south side of the road for Phase 1 of the VMB extension+As part of this project, a 12-inch water main and 12-inch wastewater force main will be installed along the south side of the roadway, considering separation requirements per F.A.C. 62.555.314 and Collier County Standards and appropriate separation from the proposed light poles. Tustin Frederiksen, P.E. will manage utility coordination for the QE + Girt + PMI team and will be the point of contact for Collier County Public Utilities. Justin will ensure that the proposed utilities will be designed and constructed per Collier County's Utilities Standards Manual, the Florida Administrative Code, and AWWA Standards. The QE + GM + PMI DESIGN INCLUDES, • Isolation valves at no greater than 1,000 foot intervals • Fire hydrants at no greater than 500 foot intervals • Permanent sampling points every3000 feet • Air release assemblies at all high points • Stubouts for the proposed High School connections • Temporary blowoff assemblies for the future extension of the utilities to the west 10 CADO COLLIER COUNTY'S INPUT QE + GM + PMl will work diligently with and for Collier County during all project phases to provide the most economical design and best construction services. The team encourages input from the individuals that will own, operate, and maintain the system after its completion and value feedback from staff at all levels to ensure long-term project satisfaction. QE + GM + PMI strive to ensure that every project completed has a long -tasting positive effect on the County's infrastructure system. MANAGEMENT OF IMPACTS TO SURROUNDING COMMUNITIES QE + GM + PMI understands the importance of coordinating with adjacent property owners throughout the life of the project and has a vested interest that the project is constructed on time and with as little interruption as possible. Many of the team members live in close proximity to the project limits and are part of the impacted community, including Louis J. Gaudio [QE], Justin Frederiksen, P.E. (CM), and Ralph Verrastro (Bridging Solutions) who lives in Secoya Reserve which is along the project corridor. Below is a fist of the key stakeholders along the project corridor that will need to be coordinated with often. • Collier County Public Utilities • Mediterra • Collier County ROW & Road Maintenance • SFWMD • Collier County Real Property • Secoya Reserve • Collier County Public Schools • US Postal Service ■ Veterans Elementary School • Imperial Golf Estates MINIMIZE IMPACTS TO MAINTENANCE OF OPERATIONS The QE + GM + PMI team will work closely with Collier County Transportation, Collier County utilities, CCPS, and the surrounding communities to limit disruptions to the traveling public, pedestrians {walkers and bikersy and residents throughout project. This will be accomplished by always providing uninterrupted access to driveways and community entrances, as well as providing full access for vehicles related to the construction of the new High School. Additionally, utility tie-ins will be closely coordinated with the County to occur during peak down times to minimize disruptions to local residents and the nearby Elementary school. The team is aware that Collier County operates utilities within the Mediterra Facility yard and will provide full access to this as well. SITE SECURITY The QE + GM + PMI team prioritizes site security. With QV5 equipment yard 15 miles from the project site, mobilization, storage, and maintenance costs will be reduced. Site access during construction will be controlled and only authorized personnel will be allowed onsite. Clearly visible signage for permitted access will be furnished. Materials will be distributed throughout the project as needed. Staging areas will be secured with orange safety fencing and restored to existing conditions upon project completion. TRANSMITTAL LETTER & EXECUTIVE SUMMARY NOISE & ODOR ABATEMENT The team does not anticipate noise or odor exceeding acceptable limits For this project. All noise levels will be maintained at or below the allowable Collier County ordinance limits. In the event that rock is encountered during any excavation operation, QE will utilize its Epi Rock cutter attachment. This method of rock removal uses a rotating attachment on a hydraulic excavator to cut through rock layers and is no louder than a standard excavator. PUBLIC OUTREACH CONCEPTS Community awareness, outreach, involvement, and communication are imperative to the success of this Design -Build project and will be handled in full by Cella Molnar & Associates, Inc. (CMA) as follows. Politically sensitive issues will be immediately brought to the attention of Collier County staff. QE is currently working with CMA on two high profile Design -Build projects for Collier County. Both of these projects have required extensive outreach to the public and local businesses and communities due to the fact that they are in highly visible areas. • A public information meeting will be held at the 30% plan phase to solicit input from the surrounding communities including Secoya Reserve, Imperial Golf Estates, Mediterra, and Veterans Memorial Elementary School. • An introductory invitation newsletter will be mailed to the surrounding communities, elected officials, and agency representatives to provide information on the toll free 24-hour "hotline." A press release with detailed project information will be sent to all focal media, with additional information available upon request, and the meeting will be advertised in the Naples daily News. A flyer will be provided as the invitation to the second public meeting and all advertising will be included. • Coordination with Collier County School personnel, including staff from Veterans Memorial Elementary, will begin early on to determine design specifics and to ensure that construction activities do not interfere with bus transportation and parent drop-off and pick-up. ■ A second public meeting will be held between the 60% and 100% plan phase to al low the public to provide cam ments on the prior plan phase. A possible meeting venue is Vanderbilt Presbyterian Church near Immokalee Road & Airport Pulling Road. ■ A preconstruction public information meeting will allow for public review of plans and discussions with the QE + GM + PMI Design - Build (DB) Team and County personnel. The proposed MOT plan will be made available to the public to show travel pattern changes. • CMA staff will work with the DB team and County staff daily to provide the public with up-to-date MOT information and to ensure that they are informed about all aspects of the project, usually this is most successful through weekly email blasts, ■ CMA will attend the weekly construction meetings and will have phone contact with the ❑B team 24-hrs per day so that issues (le. unanticipated traffic or utility disruptions) can be resolved, and the public can be informed, imediately. • CMA will be available to make presentations to homeowner associations & civic organizations to provide project updates. TRANSMITTAL LETTER & EXECUTIVE SUMMARY CONSTRUCTION TRAFFIC CONTROL PLAN Extensive thought has been put into a Traffic Control Plan that will minimize impacts to the traveling public, local residents and pedestrian traffic during the VMB Extension - Phase 1 Design -Build Project. The QE + GM + PMI team believes that a five phase roadway construction plan wail allow for the least amount oftraffic disturbance and least amount of traffic control devices to minimize confusion. All plans and devices will be designed and placed in accordance with the latest FOOT Specifications. Q1 Clearing will be completed during Phase 1 of the project, which will occur west of the existing roadway end and will not impact any traffic or entrances. During Phase 2, construction of the future eastbound lanes will occur, with all activity occurring west of the existing roadway end. This will not impact traffic or entrances. r t Phase 3 will include the construction of westbound lanes, while r maintaining construction vehicles for the proposed new high school on the eastbound lanes. A temporary stop sign and stop bar will be placed just west of the entrance to Secoya Reserve so that construction traffic stops at this point for added safety. Additionally, the westbound lanes will be constructed on the north side of the existing roadway while maintaining access to the Mediterra Maintenance facility. During Phase G, the future westbound lanes will be utilized M/ as 2-way traffic so that construction of eastbound lanes from Secoya Reserve to Livingston Read can be constructed. Access to Secoya Reserve will be maintained at all times. GPhase S will involve the widening and construction of the turn lanes on the east side of Livingston Road along with the final overlay and line striping of the entire project limits. DEMOLITION & RESTORATION Demolition work on this project will be kept to a minimum and will be mostly concentrated to the west of the existing road terminus, as a majority of the project's demolition Involves clearing trees within this area. In order to minimize noise and vibration levels, existing pavement will be removed by milling. The QE + GM + PMI team will also minimize open cuts through existing pavement by utilizing Horizontal Directional Drills For conduits and pipes to the greatest extent possible. Areas requiring restoration within existing walkways and travel lanes will be prioritired immediately fallowing work in that area, EXTENDED PROJECT WARRANTY In addition to the standard one-year warranty typically provided on all Collier County projects, QE will extend the warranty an labor and rate rials for the VMB Extensian - Phase 1 Project by one year for a total of two years total warranty. In addition, QE will offer a five year warranty on the pavement in accordance with Section 339 of the FOOT Standard Specifications for Road and Bridge Construction, for a total of five years asphalt pavement coverage. This is beneficial for the County and reinforces QE* GM + PMI's dedication and interest in this Design -Build project. INNOVATIVE PROJECT APPROACHES ■ RECYCLED CONCRETE AGGREGATE BASE COURSE (RCA) - in conforming with FOOT specifications, the QE + GM + PMI team believes that the use of RCA is far more superior to the limerock base used throughout Collier County and is offering this an alternative base course if preferred by Collier County. The supply of virgin aggregate in many areas of the United States is, or is, becoming limited. In such areas, the use of recycled aggregate is beginning to serve as an environmentally friendly and economically viable solution. It is noted that several states have high tipping fees for disposal of RCA; this is done to control landfill usage, thus increasing the reuse of recycled concrete aggregates. RCA has several potential advantages over virgin aggregates as a pavement base course. First, RCA can be a stronger base than virgin aggregates (LBR Value of 150 vs.100 for limerock) and less subject to strength lass with moisture content fluctuations. Certain virgin materials in SW Florida that otherwise meet specifications can lose substantial strength with moisture content changes. These can be as small as 1% or 2% from optimum, even when properly compacted. • ASPHALT MIX DESIGN USING RAP - The QE + GM + PMI team has incorporated the use of Reclaimed Asphalt Pavement (RAP) into the proposed asphalt mix designs. RAP is a useful alternative to virgin materials because it reduces the use of virgin aggregate and the amount of virgin asphalt binder required in the production of HMA. Using RAP greatly reduces the amount of construction debris going into landfills, and it does not deplete nonrenewable natural resources such as virgin aggregate and asphalt binder. ultimately, recycling asphalt creates a cycle of reuse that optimizes the use of natural resources and sustains the asphalt pavement industry. • TURN LANE OFFSET - Vehicles turning left from opposing left turn lanes may restrict the sight distance from the opposing vehicle based on the horizontal location of the left turn lane. An offset is defined as the loterol distancebetween the left edge of a left turn lane and the right edge of the opposing turn lane. A negative offset typically restricts sight lines as the opposing vehicle is within the sight line of the other vehicle. A positive offset is achieved when the vehicle In the left turn lane is far enough horizontally in the median to avoid being within the sight line of a vehicle in the opposing left turn lane. The team has designed the left turn lanes in such a way to create a positive offset for future apposing left turn lanes. • MILLING/RESURFACING OF EXISTING PAVEMENT - In order to minimize cost to the County, the QE + GM + PMs team obtained existing roadway elevations, via field surveying, and determined that the existing lanes west of Livingston can be milled and resurfaced to meet the proposed roadway elevations. This will allow for faster construction time and results in cast savings for the County. ■ PHASING OF CONSTRUCTION - The QE + GM + PMI team believes that our proposed phasing is innovative, as it provides the best alternative to minimize impact to the local residents, traveling motorists and pedestrians. In addition, our phasing of placing the construction access for the new high school an the future eastbaund lanes while constructing the future westbound lanes eliminates 12 delays to both projects and creates an easier traffic flow for both. -0 021 Project Team Approach PROJECT TEAM APPROACH QE + GM + PMi is the local, trusted, and reputable choice for this Design -Build project, having completed hundreds of projects with sim liar components In Southwest Florida, the QE + GM + PMI team is confident in their ability to successfully complete this project on time, within budget, and at high levels of quality, QE + GM * PMVs past experience on Design -Build projects allows the team the ability to fast track construction as the design progresses. The team will divide the project Into five phases for roadway construction (described in detail toter in this section) in order to minlmize traffic interruption to the traveling public and to minimize impacts to construction traffic for the new high school. An Illustration of the Phasing Plan has also been included In the team's Construction Plans at the end of Scction 3. Technicttl information. The QE + GM + PM] team will immediately focus on drainage design to allow construction to start on the temporary road. As construction is on -going in Phase I, GM will focus their efforts on the remaining design so that construction work is streamlined with no delays, Final Overlay of Asphalt will be placed at the completion of Construction phase S. Collier County can trust the QE + CM + PMI team to deliver a timely, cost-effective, and high -quality solution that exceeds standards based on the team's proven local performance. COMPANY OVERVIEWS Quality Enterprises USA, Inc. [QE] is a leading construction firm based In Southwest Florida that focuses on major civil, building, and specialized construction in both the private and public sectors. QE hasworked in Collier County since 2002 on a variety of infrastructure projects and has a dynamic knowledge and understanding of local construction and regulatory conditions. with the ability to self -perform the majority of each project, QE maintains job site control and has never been assessed liquated damages for project delays. • Proven record of successfully completing Design -Build projects on time and within budget. PROJECT TEAM APPROACH Established 1n 1981, Q. Grady Minor & Associates, P.A. (GM) provides expert civil consulting services to a wide array of public and private clients throughout Southwest Florida. Fully licensed and insured, the company maintains a strong technical and business foundation and is a local industry leader in Civif Engineering and Land Development. GradyMinor has successfully completed a wide range of projects, is locally owned and managed, and supports a team of 54+ employees. Preferred Materials, Inc. (PMI) is the leader in production of high quality hot mix and warm mix asphalt. PMI produces DOT spec mixes as well as custom mixes, and is committed to sustainability and investing in recycled materials and technologies that reduce emissions. PMf has maintained the Annual Resurfacing Contract for Collier County since 2014, which results in roughly $7 million worth of work per year. PM[ has also received several industry awards & recongixitions, including. 201S - NAPA Larry H Lemon Award • 2016 - ACAF Urban Resurfacing Award Statewide SR 84 Collier Cty • 2017 - ACAF NonFDOT Project Award laurel Rd Sarasota Cry • 2018 - NAPA Quality In Construction Award US 17 Charlotte Cty • 2018 - NAPA Quality in Construction Award US 41 Sarasota Cty • 2019 - ACAF Urban Resurfacing Award District I US 41 Sarasota Cty • 2020 - ACAF Pat Bolton Award District SR 84 Collier Cty • 2020 -ACAF NonFDOT Project Award Sarasota 2019 Resurfacing PMI is also member of the following National Industry organizations: • National Asphalt Pavement Association (NAPA) - QE is also a member of NAPA • Florida Transportation Builders Association (FTBA) • Asphalt Contractors Association of Florida (ACAF) P The Organizational Chart on the following page displays the QE + GM + PMI team members for this Design -Build Project. • Extended Project Warranty. • Knowledge of local seasonal traffic a wet season weather. • The QE + GM + PMI team has the necessary experience and • Self -performance of major items of work. knowledge to fast track Design -Build Projects. on a recent Design -Build project for Collier County, QE + GM were successful in permitting a project involving Collier county ROW, SFWMD ROW, and Dewatering within 30 days of the • Past Experience with Collier County Transportation, Collier County Public Schools & Collier County utilities. • QE + GM+ PMI Is a truly integrated team with a genuine, collaborative philosophy. The team integrates the two prime NTP, and then mobilized and started work within 40 days of roles of Designer and Builder and supports collaboration the NTP. This is unprecedented for a Design -Build project. and high performing team concepts. MiPSI T:F3Z + :TTld.l�f:►ai )f: . Z . • • i■lil� ?t4Z3[�i'l.'I•I��■T. ]I[3�I■i�L■li[■L•iEli1�L`i1q:IK•isL'L■1F311>4ti'Ltli1■ ASPHALT PAVINC. THE •E 4 GM+ PM1 TEAVI IS TRE-PIPOVEN CHOICE FOR T141S JQB. 13 GAO a § ƒ I ! ( 22 L \ ) 6/Z ® � 0 d|: z O - k « 0 � p 0)\ / \ ; a k D o ` . | r , �j _ �) 72 aL LA ) ) > LL § \ a ' I) al �\ 1; }c !ul� - /. ; k �E ��\ k � � � m |� ! £ \r 2 ��22! jc !I 0 PROJECT TEAM APPROACH PROJECT MANAGEMENT The VMB Extension - Phase 1 Design -Build Project will require significant coordination between QE + GM + PMI and Collier County. In response, the QE + GM + PM management team is efficiently structured and is focused on strong communication, coordination, and decision making. Combined, QE + GM + PMI has over 300 employees living and working in the local area and QE's corporate office and equipment yard are less than 15 miles from the project site. This will strengthen project management, as key personnel can perform daily job site visits and will result in the prompt mobilization of equipment. QE will self -perform BO% of this Design -Build project. GradyMinor will oversee all design, permitting, and engineering efforts and PMl wilt provide all asphalt paving services. QE's experienced earthwork, utility, and concrete crews will self -perform the following items: embankment, storm piping and structures, utilities, base work, curb & sidewalk, MDT, and restoration to pre -construction conditions. A step ahead, QE will utilize the industry leading construction EPP solution, Vista by Viewpoint, to help manage this Design - Build project. A multi -faceted cloud -{used construction suite, this state-of-the-art technology program provides a direct line of communication between the office and field, reducing the need for superintendents and crews to leave the job site and visit the office. Additionally, as part of this process, a Procurement Register will be created to record all goods and services purchased by QE from suppliers. Technology plays an integral role in QE's operations, as many machines are equipped with CPS, site positioning systems for machine grading, and 3D technology. The company has also invested in Trimble Sitework Technology which allows millimeter accuracy with fewer passes and no manual staking. Ali rnid to large excavators are equipped with CAT Pin Grabber Coupler System which increases machine performance, versatility, and jobsite safety. Collectively, these resources reduce project risk from the County's perspective. 115210611 QE's Corporate Office/ Equipment Yard is 15 miles from the project site, and GM's office is F miles from the project site; therefore, meetings between QE + GM + PM and Collier County can be held at either location and easily fol lowed by site visits if desired. This is a great benefit for Collier County. QE + GM + PMI propose the following meeting approach for this Design Build project. ■ Kickoff meeting prior to project start to review project ■ Additional meetings as necessary to coordinate with objectives and initiate coordination with County staff suppliers, regulatory agencies, etc. ■ Design review meetings at 60%, 90%, and 100% plans to field ■ Public meetings as necessary to inform residents, area questions and incorporate questions from County staff businesses, etc. of upcoming activities ■ Biweekly project progress meetings CONSTRUCTION RESOURCES QE is prepared for the VMB Extension - Phase 1 Design -Build Project, as the company has experienced significant growth over the past few years, increasing in total number of pieces of equipment owned, personnel employed, and number of successfully completed jobs. With over 300 local employees and 35b+ pieces of modern heavy construction equipment, the QE + GM + PMl team has the resources of large competitors but an attentive and responsive management structure characteristic of a small firm. The Following Graphs Demonstrate QE's Growth from 207E - Present: Number of Employees ._, New Equipment+ Vehicles Purchased I Number of Jobs 2016 i I 2017 ww�w 2018 -Present 6• ! 15 0 PROJECT TEAM APPROACH DESIGN-8UIL❑ MANAGEMENT TEAM & STAFFING This Design -Build project will require significant coordination between the QE + GM + PMI team and Cal lier County. QE + GM + PMI's strong and experienced leadership will manage the skilled construction workforce and will ensure that the project is completed on time, within budget, and at high levels of quality. -More information on the team's key leadership is provided on the Following page. The QE + GM + PMI team is efficiently structured: Louis J. Gaudio serves as QE's Vice president and will oversee Fred L. Wiedner, the team's Design -Build Construction Project Manager for the VIAB Extension - Phase Design -Build Project. Additionally, Paul J. Moriarty will serve as the Construction Superintendent, Daniel Flynn, P.E. will serve as the Design project Manager, and Justin Frederiksen, P. E. will serve as the Utility Coordinator. Fred Wiedner will be available to Cal lier County at all times and will oversee construction operations, with Louis Gaudio available to assist when necessary. Fred will be supported by a qualified administrative staff and will work closely with GM, specifically Daniel Flynn, throughout this project. The management staff will remain hands onto identify opportunities, address challenges, and mitigate risks. QE ensures that Paul Moriarty, the Project's Superintendent, will remain on site with the construction crews at all times, and regular site visits will be performed by other lead staff throughout the process. KEY PERSONNEL COMMITMENT FIRM ROLE COMMITMENTNAME PRECONSTRUCTION f CONSTRUCTION Louis J. Gaudio QE vice President 40% 30% Harlan Sawyer QE Estimator 100% 40% Fred L. Wiedner QE Construction Project Manager 30% 100% Paul J. Moriarty QE Superintendent 30% 100% Margarita Negron QE Manager of Health and Safety 20% SG% Isa Carreras QE Project Administrator/ EEO Compliance Officer 20% 80% Daniel Flynn GM Design project Manager 80% 50% Justin Frederiksen GM Deputy Project Manager 60% 30°% Sally Goldman GM Design Project Engineer 80°% 50°% Alex Dunko GM Design Project Engineer 30% 60% Donald Saintenoy GM Survey Project Manager 20% 60% Frank Feeney GM Quality Assurance/ Quality Contra) 30% 50% Rick Featherstone GM Construction Inspector 15% 80% Richard Chalupa GM Landscape Architect 60% 40% Jason Hates PMI Project Manager 25°% 50% Jerry Fletcher PMI Area Manager 10°/0 70% Chuck Molloy PMI operations Manager 251% 70% KEY PERSONNEL PR07ECT TEAM APPROACH LDDIS • 30+yea rs of construction industry experience • Maintains a long-standing relationship with Collier County and is familiar with local conditions, GAUDIOregulations, personnel, etc. . Experience managing projects ranging from;S00K to $40 Mlllion for the Army Corps of Vice President Engineers, Charlatte County, City of Naples, City of Marco Island, FDOT, various Collier County divisions, Naples Airport Authority, and the Town of Fort Myers Beach to list a few • Oversees all QE roadway improvement and extension projects in Florida and South Carolina 4E• Louis will support Fred L. Weidner, Project Manager, on PPS #20-7708, Veterans Memorial wTM Boulevard Extension - Phase/ Project FREDL. . 20+ years of construction industry experience WIEDNER . Strong background working on large-scale construction projects . Holds several advanced certifications, including: FDOT Maintenance of Traffic, 0HSA 10 Hour, Construction OSHA Inspections for Construction and Multi -Employer worksites, OSHA Incident Investigation, Project ATSSA Worksite Traffic Supervisor, OSHA Permit Required Confined Spaces, OSHA 7obb Hazard Analysis, OSHA Excavation and Trenching Safety Manager .Fred will serve as the Main Poinli t of Contact to Coler County for RPS #20-7708, UEVeterans Memorial Boulevard Extension - Phase 1 Project PAULJ. . 30+years of construction industry experience . Extensive background working with Collier County's Transportation and Engineering Division MDRIARTY certified by the US Army Corps of Engineers, Quality Management far Contractors, and FDOT Construction Maintenance of Traffic • Strang understanding of SW FL construction and regulatory conditions Superintendent . Paul will oversee daily construction activities and field operations, while utilizing Viewpoint to generate electronic daily reports from the field on PPS #20-7708, Veterans 9Esoftware ��F Memorial Boulevard Extension - Phase 1 Project DANIEL - 13+yea rsof1ndustryexperience. • Works with FOOT, Collier County, multiple counties and cities in Florida to produce roadway and FLYNN, P.E. sid ewa I k cc n stru ction pi a ns • Extensive design background in projects ranging from minor resurfacing/ widening, to roadway Design Project reconstruction, to mu ItImodaI complete streets throughout the state of Florida Manager . Engineering experience in Maintenance of Traffic (MO7), signing/ paving marking, and horizontal and vertical geometry designs, super -elevation roadway layouts, and sidewalks! intersection © r;iaili sfranr projects • FOOT certified in Advanced MOT JUSTIN JUSTIN . 17+ years of engineering and construction experience in the State of Florida . Engineer of Record on various small and large utility projects in Collier County FREDERIKSEN, . Managed various Municlpal Projects, which required: preparation of master planning P.E. documents, engineering designs/ plans/ and specifications, project permitting, bidding assistance, contractor selection, and general construction coordination Deputy Project . $erved as the Deputy Director far the City of Naples where he performed: rate studies, annual Manager reports of utility operations, grant) loan program administration, and assisted in developing and administering the City of Naples Utility Standards, Utility Department annual budgets, and © 6ra* ttuttir standard utility policies �ASDN . Serves as the Project Manager on all Collier County projects and will handle scheduling, contracts, and billings BATES• Experlenced with SW FL regulatory and working conditions • P M I has maintained the Annual Resurfacing Contract for Collier County since 2014. resulting in roughly $7 million worth of work per year. Contract includes milling & resurfacing roadways Project Manager throughout the County. PM will perform all asphalt paving on RPS #20-7708, Veterans Memorial Boulevard Extension - *► Preferred MCM[v�F.'Kr Phase 1 project 17 KEY RESOURCES As one of the largest local roadway contractors, QE is prepared for the VMB Extension - Phase 1 Design -Build Project. With over 250 employees, including earthwork, utility and concrete crews, the company has a large and skilled workforce and is proud to celebrate 50 years of service. QE is knowledgeable of local conditions, has the capacity to bond this project, can acquire materials in a timely fashion, and will provide machinery from the company's 350+ piece heavy equipment fleet. LOCATION PROJECT TEAM APPROACH CATEGORY QTY. CATEGORY QTY. Broom Tractors os Loaders 30 Crawler Cranes 02 Milling Machine 02 Crushing & Screening Equipment 10 Articulated Truck 03 Dozers 03 Asphalt Pavers 03 Dump Trucks 08 Rollers 14 Epi Rock Drum Cutter 03 Rubber Tire Excavator 01 Excavators 39 Skid Steer 04 Excavators with Hammers 03 Sheet Pile Vibratory Hammer 02 Fusing Machine 04 Trailers 38 Graders 02 Tractors 05 Horizontal Directional Drilling Rigs 03 VAC Truck, Tankers, Mud Reclaimer O9 Lowboys 06 QE Mechanics & Lube Trucks 07 QE's Corporate Office/ Equipment Yard Is located 15 miles from the project site, GM's office is 6 miles from the project site, and PMI's office Is 8 miles from the project site: therefore, key personnel can be on location quickly should the need arise. Meetings between QE + GM + PMI and Collier County staff can be held at either the QE cr GM office location, and easily followed by site visits if requested. The close location will also allow for prompt equipment mobilization, resulting in significant cost savings for Collier County. A map has been provided to show the distance between the project site and QE + GM's office locations. KEY -The *shows the location of the Veterans Memorial Boulevard Extension - Phase 1 Design -Build Project. 8orlta SP Vnrys QUALITY ENTERPRISES, USA, INC. Approximately 75 miles from the project site 3494 Shearwater Street Naples, FL 34117 239.435.7200 geusa.com North Naples Q. GRADYMINOR & ASSOCIATES, P.A. NAP ES PARK Approximately 6 miles from the project site 3800 Via Del Rey P6LICA4 BAY Bonita Springs, Florida 34134 vmeyares r+ Preferred 239.947.1144 at -- gradyminor.com PARK 9"Dker PREFERRED MATERIALS, INC. Approximately 8 Mlles from Balder I G � i e the project site 18080 Green Meadow Road QE Ft. Myers, Florida 33913 10 239.98S.1138 preferred materia ls.com 7B 1 ` t A i v. '._J PR03ECT TEAM APPROACH SCHEDULE & CRITICAL PATH METHOD The QE + GM + PMI team has reviewed the milestone dates set forth in RPS#20-7708 for Completion of Temporary Roadway, as well as Substantial and Final Completion, and believe that these dates are easily obtainable using the Design -Build Process. The team has established the Critical Path Method (CPM) as the permitting process, which should be a non -issue with most permitting occurring by Collier County prior to the project's start. The QE + CM + PMI team has worked to create non -disruptive design, permitting, and construction phases to ensure that the Veterans Memorial Boulevard Extension - Phase 1 Design -Build Project is successful and economical. QE + GM + PMI has developed a Master Schedule ('Found on Pages 20-27 of this proposof i for this Design -Build project that will yield success from day one. The QE + GM + PMI team has laid out the project in Five Phases to minimize disruption to vehicular traffic, pedestrians, and local residences, as well as allow for ease of entry and exit by construction vehicles for the new High School. Upon issuance of Contract and Notice to Proceed, the QE + GM + PMI team will immediately start gathering Survey Data for design purposes, as well as to set project boundaries. PHASING PLAN QE is experienced with Design -Build projects and recognizes that this process can provide the quickest deiiVery system for an owner when the team is collaborative and accomplished. QE + GM + PMI is quaillfled for this Design -Build project and will complete the project within the County's alloted time frame. On a recent Collier County Design -Build project, QE worked behind the scenes on design items before the NTP was provided. This work was completeled at QE's own risk, but the company felt that the reward of time out -weighed the risk. If awarded the contract, QE is prepared to do the same on this Design -Build project to ensure that all aspects are completed on time, within budget, and at the highest levels of quality. The QE + GM + PMi team has outlined a Phasing Plan for this Design -Build project. The plan will provide the most economical approach to the County, as well as the least disruptive approach to the construction of the new high school, traveling public, and pedestrian traffic, The Phases are described in detail as follows. PHASE 1 - Clear and Grub all vegetation for the entire width of the ROW from end of existing road to west end of project. This phase of the project is projected to start late September 2020 and be completed within two months. Three Clearing Crews will be committed to this phase. PHASE z - Construct drainage piping and roadway for future east bound lanes (south side of VMB) to be utilized as a temporary access road for construction of the new High School. This phase of the project is projected to start upon completion of Construction Phase 1, late November, and be completed within five months. QE will start this phase with two earthwork crews to excavate future drainage areas to generate fill material for roadway as well as import additional Fill as required to complete this phase. QE will have two utility crews committed to this phase for the installation of utility piping and storm piping. Upon completion of utility and storm piping and testing of pipes, QE will mobilize a road crew to install base material for roadway. QE will complete this phase by coordinating with PMI to place asphalt base course to be used as access by Co I I le r Co u n ty Pubiic Schools contractors to construct the new High School. PHASE 3 - Construct drainage and roadway for west bound ianes on north side of VMB from Livingston to west end of project. Phase 3 is scheduled to start in late April 2021 and be completed within 15 months. This phase will commence with the completion of Construction Phase 2. QE will set up MOT and perform survey work for future westbound lanes of VMB. QE will utilize the same earthwork and utility crews used during Phase 2 to perform work in this phase. The familiarity with the previous phase should allow for quicker installation of work during Phase 3. This phase will also involve the installation of the drilled shafts for signalization mast arms. QE's same road crew will place base material for roadway which will be followed by two concrete crews to install curbs and sidewalks. Two crews will be used to place sod which will be followed by PMI installing asphalt base course and temporary line striping to prepare the future westbound lanes for two-way traffic PHASE 4 - Place 2-way traffic on west bound lanes and modify existing lanes for eastbound traffic. This phase is scheduled to start mid July 2022 and be completed by mid -September 2022. This phase will start with setting up MOT and switching all traffic in a two-way set up on the westbound lanes. Once the traffic switch is completed. QE will mobilize its milling crew to mill existing lanes and then utilize one utility crew for this installation of storm piping and utility piping. Concrete crews (2) will complete curb and sidewalks. PHASE S - Construct widening and turn lanes on VMB east of Livingston. This phase is scheduled to start mid -September 2022 and be completed by late January 2023. This phase will focus on the widening of VMB east of Livingston Road. Again, QE will utilize crews familiar with the project. One utility crew will complete installation of storm pipe, followed by one roadway crew installing base and one concrete crew complete curbs. This phase will also involve this installation of mast arms and poles at all locations. Sod will be installed along with signage which will be followed by PMI paving all widening as well as final lift of asphalt throughout the entire project. --1 Ijj N Y .,r - I 9 =�31 tti j I I N1 0 S Y.� a a c � o •� w s � c a �I a` — 5 II!IMII ITIIII 5 � � � � � !� � � •a � � � I� a � a a � � a a � � a � a n � a � a � � 1�' a= a a 24 A Y i g 2 x i y E 3 '3 $ x € I% 3 C 2 .Y o=G. fir`. 'CsC S o 6 � yr X .'S c • sc 2 ,p g e PRO]ECT TEAM APPROACH COLLABORATION WITH COLLIER COUNTY PUBLIC SCHOOL (COPS) DISTRICT QE GradyMinor have significant experience working with the local COPS District. Recent projects include. BARRON COLLIER HIGH SCHOOL WM REPLACEMENT PHASE? $ 2 - GradyMinor performed the design, permitting, and construction administration for the replacement of 3,000 feet of 8" water main piping, the transfer of ownership of 1,400 feet of 8" water main piping, milling & resurfacing, and striping improvements throughout Barron Collier High School. QE performd Phase I of this project, which included installation of 1.400 LF of 8" water main piping along Cougar Drive, tie-ins to the existing water main, milling and resurfacing. The water mains replaced affected service to Barron Collier High School, Osceola Elementary School and the County's School District Administration Building. This project involved extensive coordination between the Collier County Utility Division, the Public School District, and the affected schools. BARRON COLLIER HIGH SCHOOL TRAFFIC ANALYSIS - GradyMinor completed an analysis of the traffic conditions throughoutthe Barron Collier High School campus and provided recommendations to improve the safety and movement for student/faculty parking, student drop-off and pick-up, pedestrian access crossings, and bus drop-off/pick-up. 8TH STREET IMPROVEMENTS - GradyMinor performed the design, permitting, and construction administration for roadway, utility, stormwater, landscape, irrigation, and improvements along 8th Street from 7th Avenue North to Sth Avenue South and along 3rd Avenue South from 8th Street to US 41. One of the property owners which was affected by this project included Gulfview Middle School as it abuts Sth Street for 800 feet. Extensive coordination was required with the School District for this project to receive input by the Schooi District an the design, schedule, and the changes to the intersection of Bth Street and 3rd Avenue South. PELICAN ELEMENTARY WM REPLACEMENT - GradyMinor performed the design, permitting, and construction administration for the abandonment of the existing 8-inch DIP water main along Airport Pulling Road from Crescent Lake Drive to Vanderbilt Beach Road. In order to abandon the water main the water service main to Pelican Marsh Elementary School needed to be replaced with a new service main connected to an existing 15-inch water main, GradyMinor performed extensive coordination with the School District and Pelican Marsh Elementary School to ensure the new water service was installed and cleared for use without affecting water service to Pelican Marsh Elementary School, COUGAR DRIVE CONNECTION ROAD SPEED AND TRAFFIC CALMING - GradyMinor completed an analysis of the access drive leading from the bus depot north of Barron Collier High School to Osceola Trail, also known as Cougar Drive. This analysis reviewed the existing conditions, traffic patterns, existing speed controls and recommendations of improvements for traffic calming. AiFL Fla TECHNICAL INFORMATION DESIGN AND CONSTRUCTION STANDARDS The improvements associated with this Design -Build project will adhere to the following standards: ■ MANUAL OF UNIFORM MINIMUM STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE (FLORIDA GREENBOOK) • FDOT DESIGN MANUAL REQUIREMENTS AND STANDARDS SFWMD REQUIREMENTS AND STANDARDS ■ COLLIER COUNTY UTILITY STANDARDS, DETAILS, AND SPECIFICATIONS • FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND THE FLORIDA ADMINISTRATIVE CODE REQUIREMENTS & STANDARDS • 10 STATE STANDARDS DEVIATIONS FROM DESIGN CRITERIA PACKAGE QE + GM + PMI's proposed design and construction for this project will adhere to the criteria in this document. At this paint, it is anticipated that no design exceptions or variations will be needed for the construction of Veterans Memorial Boulevard Extension - Phase 1 Design -Build Project. Design exceptions are required when any of the 13 contrail ing Design Elements established by AASHTO, cannot be met. Design variations are required when FDOT's criteria, outside of AASHTO's 13 controlling elements, cannot be met. The QE + GM +PMI team has reviewed the information provided in Step 2 of the Design -Build process and has included in cur design slight mod if icationslrecommendations for safety improvements versus the permitting plans that were provided by Collier County in Step 2. The design modifications include adjusting the median width of the typical section for Phase ] of the VMB extension due to a total of three dual left turn lanes within the first phase. Another modification to the horizontal design is the layout of the left turns along the corridor. The proposed left turns will be designed to provide a positive offset for any future opposing left hand turnsthat may be added. Fxhibit 3.1 details the benefit of providing a positive offset for opposing left turn lanes. Negative and Positive Offset between opposing left turn lanes �. � MA Negative Offset Positive Offset Source: Plans Preparation Manual Vol, 1, 2.13.3 TECHNICAL INF091MATION PERMITTING As stated in PPS #20-7708, the Veterans Memorial Boulevard Extension - Phase 1 ❑esign-Build Project will be subject to all required regulatory approvals including, but not limited to: • FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) • SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) • UNITED STATES ARMY CORPS OF ENGINEERS (USACE) • ALL APPLICABLE AND REGULATORY AGENCIES POLICIES AND REQUIREMENTS Collier County has contracted separately with consulting firms to produce a pond siting report and obtain permits from the District and iSSACE. Although permitting will not be required as part of this contract, QE + GM + PM14s experience and knowledge of permitting agency requirements will be beneficial in coordinating any minor modifications that may present themselves during the life of this project. In preparation for this project, the team felt that it was extremely important to have a firm understanding of all the items associated with the County's current submittal's to the SFW MD and USAC E. In preparation for this project, our proposed Design Project Manager Daniel Flynn, P.E. spoke to both the SFWMD Environmental Reviewer and the USACE reviewer to gain a firm understanding of the status of the permit applications. Below are specific items of importance that were identified in the documents provided by the County during Step 2 of this solicitation process. SFWMD SUBMITTAL • ENGINEERING - Veterans Memorial Boulevard Extension is separated into two separate phases for both design and permitting through the District. The first phase includes approximately 6,600 linear feet of a four -lane divided roadway, 2,200 linear feet of which currently exist as a two -cane road, which extends west from Livingston Road to allow for an entrance to the proposed high school on the south side of the right of way. The first phase of the Veterans Memorial Boulevard Extension includes one (1) major basin divided into three (3) sub -basins. Each sub -basin will include either an on -site wet detention or dry detention pond to allow for water quality and attenuation. The project will ultimately discharge through a control structure located on the southeast portion of the wet detention pond to a swale along the south side of the corridor which ultimately ❑utfalls to a ditch on the east side of Imperial Golf Estates residential community. The ditch on the east side of Imperial Golf Estates residential community ultimately discharges to the Coca hatchee River via a canal on the south side of Imperial Golf Estates+ . ENVIRONMENTAL - The first phase of the Veterans Memorial Boulevard Extensions project extends west through undeveloped natural habitat of both upland and isolated wetlands. At the pre -application meeting with SFWMD, Collier County was asked by the SFWMD to propose 100% impacts to all the wetlands which accounts for 1.07 wetland impacts. The proposed mitigation will provide compensation for impacts to the waters of the state through purchase of mitigation bank credits at Panther Island Mitigation Bank. The County's consultant provided a listed species survey to determine if any threatenedlendangered plants or wildlife could be utilizing the site. The charts on the following page list what was Observed and what was Not Observed but Have a Strong Presence Potential. TECHNICAL INFORMATION PERMITTING CONT. I OBSERVED The closest nests lie approximately 1.65 miles southwest of the site, 0.9 miles south, 0.35 miles south (the BALD EAGLE new high school site), and 2 newer nests located 2.7 miles due west. Bald eagles were noted flying over the project area, but not foraging. Observed foraging along the drainage swale to the south of the right of way. No signs of nests or signs SNOWY EGRET of nesting were observed onsito. Observed foraging within the open trails and grassed areas on the north and south sides of the ROW. WHITE IBIS The White Ibis were also observed perching in Cypress trees immediately to the west of Phase1. No nests or signs of nesting were observed onsite, observed foraging along the drainage swale to the south of the right of way. No signs of nests or signs Lr1'TLE BLUE HERON of nesting were observed onsite. One Wood Stork was observed within the drainage trail to the south of the right of way. No signs of nests WOOD STORK ❑r signs of nesting were observed onsite. Burrows were observed in the scrubby habitat in the western portion of Phase I. Two active burrows GOPHER TORTOISE were located and flagged within the right of way boundary, Please refer to Exhibit 3.2 concerning the location of the burrows. BLACK CYPRESS FOX TURTLE FLORIDA BLACK BEAR FLORIDA BONNETED BAT EASTERN INDIGO SNAKES SOUTHEASTERN AMERICAN KESTERAL USACE SUBMITTAL During the initial Due ❑iligence stage of the environmental portion of the project it was determined that a two-phase approach to the environmental permitting associated with the USACE submittal would be the best path forward. The County's environmental consultant conducted a pre -application meeting with the USACE in ]uly of 2019 to discuss the project with staff. The County's consultant performed onsite inspections and determined that permitting through the USACE would not be required for the first phase of the project due to the isolated nature of the three small wetlands and how they are not connected to any waters of the U.S. The three wetland areas are located at the far west section of the first phase of the Veterans Memorial Boulevard Extension Design - Build project as shown in Exhibit 3.3. A request for a 3urisdictional Determination was submitted to the local USACE office on October 15, 2019 in an effort to confirm if the first phase qualifies for "no permit required" through the USACE. 25 CAQ TECHNICAL INFORMATION CONSTRUCTION PLANS QE + GM + PMI's preliminary Roadway, Signalixation & Lighting Plans for the Veterans Memorial Boulevard Extension - Phase 1 Design -Build Project can be found at the end of this section, Section 3: Technical information. These plans include the team's proposed roadway alignment (plan and profile), drainage layout, preliminary lighting layout, and preliminarysignaI layout. The plans have been used to generate QE+ GM + PMI's proposed Project Schedule and Guaranteed Maximum Price [GMP]. UNANIMOUS WRITTEN CONSENT IN LIEU OF THE 2020 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF QUALITY ENTERPRISES USA, INC. The undersigned, being all the directors of Quality Enterprises USA, Inc. (the "Corporation"), pursuant to Virginia Code Section 13.1-685, hereby approve and consent to the following actions in lieu of the Annual Meeting of the Board of Directors-, WAIVER OF NOTICE: Execution of this Written Consent will constitute full waiver of notice of the Annual Meeting of the Board of Directors of the Corporation for the year 2020. ELECTION OF OFFICERS: The following persons are elected to the offices following their names to serve until the expiration of their terms at the next annual meeting of the Board of Directors, or until their successors shall be duly elected and qualified; Howard J. Murrell, Jr. President Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S, Murrell Corporate Officer Howard J, Murrell, III Corporate Officer Stacey L. Murrell Secretary WHEREAS, the Directors believe it is in the best interest of the Company to grant, without limitation, signing authority and the authority to conduct business on behalf of the Company to each of the following Officers: Howard J. Murrell, Jr„ President WHEREAS. the Directors believe it is in the best interest of the Company to grant authority to enter into and sign contracts on behalf of the Company to each of the following Officers: Louis J. Gaudio Vice President Allison B. Murrell Chief information Officer/Asst Secretary Rachel S. Murrell Corporate Officer Howard J. Murrell. III Corporate Officer Stacey L. Murrell Secretary RATIFICATION: All acts taken on behalf of the Corporation by the Corporations officers since the last meeting of the Board of Directors are hereby ratified and approved, MINUTES: This Unanimous Consent shall be filed with and become a part of the Minutes of the Corporation. Effective date: January 1. 2020 A h 0z-I Date signed QE QUAL1 Y ENTERPRISES Cn��.ier GauMlr3, A[1n wl !; raM Seivcas DIASO I 1'fCfj 4t,8nhd1f Date: From: To: Subject; Email f'[tu'ICk,13e�� IC r� rollicrenutin [t.��!� Telephone: (239) 252 - 8941 Addendum 1 03/17/2020 Patrick f3oyie. Proe:t+teenettt Strategist - Acquisitions Interested Bidders Addendum I 1'he folIowine cImitications are issued as act addendum identifying the fnito4vine- cfarificatinn (0 the scope of ► ork, changes, delel ions, or additions to Ilie original solicitation dOCLtineill far tiic referenced solicitation: Change 1. Added 3;11es: ACOE-PDF. PON1) SITT; NG.PDF wid F,RV SU BM ITTAL.PDF Change 2, All CADD files are made avaiilable t[, the design fn,ild teams rrotn March 1811i2020 at 8:00am - March 251" 2020 ai 5.00PM One [ 1) clash drive is made: to each design teach. Pickup location: Procurement Services Division Past 3295 Tamiami Trail Naples PI 32112 Change 3: Extended Bid Open Dale to April 219"' 7-020 at 3-.00 NNII }extended Q & A session to April 23"'. 2020 at 5:00Ph1 I vott rcgttire additional in formal ion, please post a gtiestion on our 13id Sync tc► c► F►..hidsV 1 le-c-Q-1 H.i biddin1 pia3trorm under the solicitation for Ihis project. CC: Bee Thao. Project Manager Please sign below and return a copy of this Addend uni with your subniittal for the above referenced solicitation. (Signature) Louis J, Gaudio, Vice President Quality Enterprises USA, Inc. (Name of Firm) 3/ 17/20 Date CA0 Collier GoUP.ty Adrrwustrative Serkes DK sion Pmrurwvefn 5ert%;e-- Date: 03/ 18/2020 Entail: 1'atiici..#tug l� rr'�ollierrnunh lLs m Telephone: (239) 272 - 8941 Addendum 2 From: Patrick Boyle. Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 2 The following clarifications are issued as an addendum identifying the fallowing clarification to the scope of work. changes. deletions. or additions to the original solicitation document far the referenced solicitation: Change I. Added additional vendor account to the solicitation. Ifyou require additional information. please post a question on ntIr laid Sync 6%\\%\.hici;yne,coin) bidding platform under the solicitation far this project. CC: Bee Thao, Project Manager Please sign below and return a copy ❑l'this Addendum with your submittal for the above referenced solicitation. (Signature] Louis J. Gaudio, Vice President Quality Enterprises USA, Inc. (Maine of F irnt) 3113/20 Date Coffie,r County Admrusnhve 5elwces I )Mskxt prp-urf-,MRM $emq :Rs D"te: From To: Subject: 1<InaiI: I1;arii h.l iol Ik: ci trrflicrcomil_ _\ fl.gok Telephone: (239) 232 - 8941 Addendum 3 3/30/2020 Patrick Boyle. ProcurenIent Strategist - Acquisitions interested Bidders Addendum 3 'The foNowingclarilications are issued as an addendum identifying the ['allowing clarification to the scope of work, changes, deletions, or additions to the original solicitation document for 1lie referenced solicitation: Question # 15. II. :WI: O; .l 1141410 ,ail l'1 poll- .ili. i. ..,! ,•,.I I,- . I u.l.'rl I.. ti. II' l- ,• Its 11.4 'I . kw— I 1 t111' 111, ,.,....1 1 .' 11 ,od I., '.I'. IV!. it ,•. �I,�, i�-.I �. ��•..':•I 1.1111' Is lll.l� l'..I 111_I� li, 11111111+.'; I I.. �,i,' i.. I,i 141� �.• •.'•: 1111111'- ln' 11111i IN 1II II• 1 ....I..I I .I. i ,1iln, 11� iiln Iv .�1.� .. �..,I �- :III -1; l.Ilti� lil Ii•..i+i•� iii I�11 1 I}!il 111ItrI. Role 1111111r, k�O.4'Ivd I III�I 11{I •111! iJt 111,I}1i '!7 i.11i {?l V I IIIJII11IAH1 I� I ..•I 111 II .I ` u,101111 Change 1. Added sample design Build Cnntract. Change 2. Added supplemental documents to address questions #8 and # 10 Il'you require additional intiormation. please past a question tin o tir Bid Sy'nt. (v.+►►4.i�irlsr?tc ccrl�t.j bidding platform under the solicitation for this project. CC. Bee Thao, Project Manager �J� Please sign below and return a ropy of this Addendum with your submittal for the above referenced solicitation. (Signature) Louis Quality Enterprises USA, Inc. (Name of Firm) r President 3/30120 Date e Coder Cotinty Artmimtmhve Sewers Uvisiai Pl!H'Arre,,o-tent Se+ryces Da te. 04/21 /2020 Email: P�ttrick.iietyfrrcol Iiere oil nty11.eov Telephone-: (239) 252 - 9941 :Addendum 4 Frorn: Patrick Boyle, Procurement Strategist - Acquisitions To: Interested Bidders Subject: Addendum 4 The folIuwing clarifications are issued as an add enduin idcnttfying the loIIowing clarification to the scope of wink, changes, deletions, or additions to the ❑tiginal solicitation document for the referenced solicitation: Cllartee 1. Extcnded Rid to Tuesday May 121", 2020 at 3:001'M If you require additional information, please post a yuurtion on our Bid Sync (%ww,bidsync.com) bidding platform udder the solicitation for [his project. CC: Bee Than, Project Managcrr Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. J. Gaudio, Vice President Quality Enterprises USA, Inc. (Name. of Finn) 4/21/20 Date Co Ter Comity Adrttrnistrative SeryrCes i]imsrai rracrrrt'rrsem $e�va'-�: Date: 04/23/2020 Etna& P:ttrick.liovlc(�r.ctsllieret)iirjt�il.Lfnv 1'00ph nte: (239) 252 - 8441 Acidendum 5 From: Pattick Boyle, Vrocurctnent Strategist - Acquisitions TO: Inferested Bidders subject: Addendittn 5 The following Clarifications are issued as an addendum identifying the rotlowing clariCcaion to the scope of work, changes, deletions, or additions to the original solicitauon ducuntent for the referenced solicitation: Question 2. See N1.1R letter and V M B A.tD GRAPIIICS A!❑ FORM attachinents. Question 10: See Collier County Roadway Design Standards and CiUcr Conduit atiachittents, Questirm 17- Link provided helaw: htt�rs: �w+v►v_ctallicrrourttvll.ar�+ You r-govemmejwAdivisruns-s-zr iraJTw-o e;rationsltruffic-lKltnical- sr}rt.inl -prnvi s ientti (,)uestipn 23 Link provided below. littps:l/www.colIiel-countXfl.)UV/ our- overtunelluJivtsions-s-zAraffic-o erat i oils/trafli sliccill-Provisions Question 30 Link provided below: hitvs:/'►vw%,vxolIiercountyll.,ovIyuttr-govcniing Wdiv-isions-s-v'trttl'fic_o2 ratiwvn tratlic-(echnical- slnil_-In'nyisions Question 31 Link provided below; Istr 7�w++�culliercuuntvll.ctr�:+-t�nr-givctYtntenlJtli+isions-�-zJiralfic�nper:►tionsltraflit;-Recttrtic:tf- suscial-provisions. Question 33. See SFWMD 3-18-21.) ntretittg 2101cs ttttachmer,t. Ifyou require additional information, please post is question %tit our Iiit] SyttC (+s+v►r.hidsvrtc.cont) biddijig pl-at f6mi unduy the solicitation for this pr(Ject. CC: Bm Than, Projeci Manager Please sign below- and return a copy of this Addendum with your submittal For the abo►•e referenced solicitation. (Signature) J. Gaudio, Vice President QualitY Enterprises USA Inc (Narne of Firm) 4/23120 Date e CO1ter- counq E n�atl: i'at� icR.[iu lc rt cUIlrLrcourtt tl e)v- Y___=g _ Adrrinistratire Services Dv+sion Telephone: (239) 252 - 8941 Rrotiire mew SeNicc-s Addendum 5 Date: 05; 512020 From; Patrick Boyle. Procuicment Strategist - Arquisitinrts To: Interested Bidders Subject; Adderidurn 8 I he fol€owing clarifications are issued as an addendum identifying the following clarification 1n llte scope of work, changes, deletions, or additions to the original soIicitat ion document for the referenced solicitation: Change 1. EXLended Bid to Wednesday May 20th, 2020 at 3.00PM Fxteuded A to Wednesday May 13"'. 202t1 tit 5:0013e1v1 Change 2. A(I(led supporting documents For gtiustions 18, 39, 40, 4 I, -12. attd 4-1 Design eritciia Package 1IMB Utilities final signied.pdf 059902-23.pdf Conceptual Veterans Memorial Blvd.pdf P(7_WO_Prop_RWA,pdf Veterans Preliminary Spread Cales.pdf' Bond Proposal.pdf' Change 3. Question 50 - Updated Section 1.0 on Design Build Step 2 PDI" to retied the max imUrn aI10WAle pages firum k -- 12 pages I you regtttt'c additional information. please host a questintt on our Bid 5yne [www.hidc.cum] bidding platform under the 5nlicitatiots €'or r h i s prgjecl. CC. Bee Than, Projw Managoi 0 Please sign below and return a copy of this Addendum with your submittal For the above referenced solicitation. (Signature) s J. Gaudio, Vice President 5j1/20 fate 2uality Enterprises USA, Inc. (Namc of Firm) 00#76r CauM.ty Administrative Services Division Procuremed Services Date: 05/12/2021) Email- evelyst.cnloittakc011iercauntyfl.gov Telephone: (239) 252�- 2667 Addendum 7 Frain: Evelyn C:oion, Procurement Manager - Acquisitions 'ro: Interested Bidders Subject: Addendum 7 The fallowing clarifications are issued as an addendum identifying the Following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Bid Opening time was changed as follows: Wednesday Mav 20th, 2020 at 3.0041 4-0011N1 If you require additional information, please Lost a question on our Bid Sync: (Lyy K-bidsync.c) bidding platfonn under Ilie solicitation for this project. CC: Bee Than, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 5/12/20 (Signature) Louis J. Gaudio, Vice President [)ate Qualitv Enterprises USA, Inc. (Name of Firm) G PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, ine. (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (heroin called the Surety), a corporation chartered and existing udder the laws of the State of Illinois with its principal offices in the City of sel,aumlaurg _ _ and authorized to do business in the �tate of Florida are hetd and Firmly bound unto the oard of County Ga7Prrefrss (hereinafter called the Owner), in the full and just sum C'n,inl� Finrirta of •Five•Percent•of•Amount-Bid-- —Dollars ($ 5%-af•Bid-• ) good and laWful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Design Build Design Build of Veteran Memorial Boulevard Extension - Phase I. NOW, THEREFORE, if the Owner shall accept the RPS of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such RPS, and give such band or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed SUM of $ 5%k of•sld, 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 aoth day of May 20,*21) . Quality Enterprises USA, Inc. Principal BY - (Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Company of Maryland Surely ).�A_M_' i s1 { i(.,.A—A C;L (Seal) Terri K. Strawhand, AltKney-i a ]� Countersigned I Non- Daniel J. Gryg Local Resident Producing Agent for Fidelity and Deposit Company of Maryland 13ond Numbcr Bid Bond ZURICH AMERICAN INSI)RANC'F: C'OSIPANI COl ONIAI. AN1F RICAN CASUALTY AND SURFTI' C'ONIPANN FIDELITY AND KPOSIT COMPANY 01i NlARl'LAND POWER OF ATTORNEN KNOW ALL MEN BY THESE PRESENTS: That thr ZUTUCH AMERICAN INSURANCE COMPANY, a sole❑ration orthc Slate of New York, [lie COLONIAL A.MERICAN CASUALTY AND SURETY COMPANY. a corporation of the Stale of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAID a carporatirin or the State of Illinois (herein collectively called the "Cotnpauies"), by Robert D. Murray, Vice President, in pursuance ofauthority granted by Articic V, Section 8, of the By -Laws of said Companies, which arc act forth on [lie reverse side hereot'and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constiruie, and appoint 'Terri K. SIra%hand it.q true and lawful atguent and Attorney -in -Fact, to make, exegete, seal and deliver, for, and on its behalf as surely, and as its act and deed. any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of thcst Presents, shall be as binding upon said Companies, as Fully and anlpty, Io all intents and purposes, as if they had been duly executed and acknowledged by the regularly cicctcd officers of the ZURiCH AMERICAN NSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL ANIERICAN CASUALTY AND SURETY COMPANY at its office: in Owings lvlills, Maryland., and the regularly cicctcd officers of the FtDEL1TY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vise President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, oi- 1 lie By -Laws ofseid Companies, and is now in €ores. IN WITNESS WHEREOF, the sit id Vice -President has hereunto subscribed hiAer names and affxed the Corpora to Seals or ate said ZURICH AMERICAN INSURANCE. CONIPANW. ('01AINLLL AMERICAN CASUALTY AND SURE:T1 COMIIAN)i, and FIDELI Ti' AND DFAfISE'T ('0NIPANV OF MARYLAND, thoi f 9th Jay aflune, A.D. »tit'+. ATTEST. ZURICH A1tiLERIC A 1NSk FIANCE ['061PAN) COLONL4L &NIERIG0 CASUALTI ANn SURETY COMPASS t+ll DUTY AINt1 1)EPOSIT CONIP1%NY OF MAR YI.A N It _ SEA[. � 0y: Robert D. Marrul• a Vice I'resicfent ' a �.� Gtt•v7i. - +4�L9i1 Y�� Br; Denv+r C. Brower Rerreraq State of N111" land C atla(y of Raltinulre On [his 191h day oflune, A.D. 2019, before the sub.scritxr. a notary public of (lie Slate of Maryland, duly commissioned and qualified, Robert D+ Murray, fire President and Dawn & Brawn, Secretary al'Oe Companres, to me personally known to be the individuals and ol7iccrs dekcnbed in and iNho executed t1w preceding iAsirUmml, and acknowicdged the rvecution ursamo, and being by me duly saUni, defroseth and saith, that heishe is the said otlicrr of the Couipxny aforesaid, and that the seals aMxed to the pro eding insirument arc Ili Corporate Seals of said Companies, and that the said Corporate Se:its and the signauine a such offCer Lti'rc duly atfited and subscribeI io the said Irl5irumcni by the au ftrity and direction CI€the Said Cog) rxatnlnS• IN T3EST11MONY WHEREOF, l have Hereunto set my hand and affixed my Orftcial Seal the Clay and year first above written. ilvlslnntr. A. ❑unit. Notary Ptihltc ,rely Coll tilllssihll 1j13rCS hilt y, 2112J C(_�Ad EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Sccuan S, uonre -i - aC , The Chief Exccutivc Officer. the Presidcn[, or any Executive Vice President or Vice President finny, by +vritrcn instrunwilt under the attested corporate scat, appoint atinrneys-in-fact will, authority to execute bond%, policies, recoa izances, stipulations, undersal<ings, or other Iike instruments on behalf of the Company, and may authorize any oM"r or any such a]forncy-in-faC1 to affix the corporate scat thereto: Anti army With ur Withou I call nudity o f revoke any such appoininicnI or authority at any lime." CERTIFICATE 1, tiie undersigned, Vicc President of (lie ZLFRICII AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAPM, do livrehy ccnify that the foregoing Pmver of Anomay is still in frill force and effect on the date of this certificate; nod I do further certify that Article V, Section $, of the By-Lati+s of the Companies is still in force. This Power of Attorney and Cerlificate may be signed by facsiiniIc under and by aU(hod ty of the rollnNVins resolution nl'the Board uI' Directors aF(Ite ZURICH AMERICAN rNSURANCC COMPANY at a meeting duly eatled and held an the 1501 day of December 1998. RES0LVED: "That the signature of the President or a Vice President and the atiesting signature of a Stere tary or an Assistant Secrelary and the Seal of the Company may be aflixcd by facsimile. on any Power of Atlorney...Any such Power or arty certiEcate IIiereof bearing Stich facsirill lc signature and seal shall be valid and braiding on the Coripany." This Power of ,Attorney rind Certificate mazy be signed by facsimile under and by authority or the following resolution or the Board of Direciors of the COLONIAL AMERICAN CASUALTY AND SURET)' COMPANY at u meeting duly called and held on the Slh duy of Mety, 1994. and tite following resolution of the bo"d of Directors refine 171DELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called slid held on the 10th day of May, 090 rtB- QLVED] "Thai tha facsimile cr mtchanically reproduced seal of the company Arid tacsimile or mechanically reproduced signature of any Vicc- Presidon t, Secreiary, or Assistant Secretary of (,,e Conipany, tvhc(hcr macie her eti�fnre or hereafter, wherever appearing upon a certificd copy of aiiy power of itanrncy issued by the Company, shall be valid and binding upon the Company ►with the same force end effect as though manually affixed. IN TESTIMONY W}IEREOF, I have hereunto subscribed my name and aflixed the corporate seals of the said Corn paIIiCs' this _'Pih day of MaN , .'t)_'{.1 , BEAL 9 err � c1 Svcs —3'=W11PjQ1— B6an M. I-todges, Vicc Pre sideni TO REPORT A CLAM WITH REGARD TO A SURETN' HOND. PLEASE SlltRMu A COMPIXI E ❑ESCIII PTION OF THE CLAIN1 INCLUDING tHE PRINCIPAL ON THE BOND, THF. BOND NlUMSER, AND Y(-')tlR CONTACT iNFORMATiON TO: Zurich Surety Claims 1399 Zurich Way Schaumburg, IL 60196-1056 tvtvw.renorts Cc Iaims(4—Z--xttrichtln,coin 800-626-4577 o j ❑ 4 w 9 C w k c x I ZD 4 N i w K 4 3 C �Y � V 3 n ti � o��i W N RVK�i W ✓� ti w A � a� K R a a LLI 4 W ?C LL� ❑ .. - L CL Q ❑ 9Y ui 4q q a r a L C 4I LU �W w LU m _ U I', wQD L��nnj a a9za z itR m vl ❑ L 35Z FJ _ _ Q m W W w —'Z Q.1 ru �- l - 4s n_ U r °a QD r-L C Q L cM I a J a O LU � 1 ®F I ] /z1^r� ��r. V V-Jl .�5 f ]• .li i �•el]�iwA ��Z n z` CL o a — �- 4 L o m a q d Lr7 z a {~`yak ; taN yp� aaa �iR w awayy C�3:E a -'J p I.. 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EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Firm Role/Title Pre- Construction Construction Louis J. Gaudio QE Vice President 40% 30% Harian Sawyer QE Estimator 100% 40% Fred L. W'ledner QE Construction Project Manager 30% 100% Paul J. Moriarty E Superintendent 30% 100% Margarita Ne ron QE Mana er of Health and Safer Isa Carreras QE Project Administrator/EEO Compliance Officer 20% 80% Daniel Flynn GM Design Project Manager 80% 50% Justin Frederiksen GM Deputy Project Manager 60% 30% Sally Goldman GM Design Project Engineer 80% 50% Alex Dunko GM Design Project Engineer 30% 60% Donald Saintenoy GM Survey Project Manager 20% 60% Frank Feeney GM Quality Assurance/Quality Control 30% 50% Rick Featherstone GM Construction Inspector 15% 80% Richard Chalu a GM Landscape Architect 60% 40% Jason Bates PM1 Project Manager 25% 50% Jerry Fletcher PMl Area Manager 10% 70% Chuck Molloy PMI Operations Manager 25% 70% Page 26 of 65 RPS# 20-7708 "Design Build ol'Veteran Memorial Boulevard F.xlensian-Phase 1" I MID U 11X HAMPTON RUAD5 BON❑ING September 29, 2020 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Hampton Roads Bonding 1080 Laskin Road, Suite 204 Virginia Beach. VA 23451 .1 757 491 1100 Fax + 1 757 491 .3134 www.hrbonding.com Re: Quality Enterprises USA, Inc. — Band No. 9356241 Design Build of Veteran Memorial Boulevard Extension — Phase i Contract No. 20-7768 To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds and the power -of - attorney once it has been established by the county. Sincerely l a� Terri K. Strawhand MARSH & MCLENNAN EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 9356241 Contract No. 20-7708 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich way, Schaumburg, IL 60196 (I3us1ness Address) are held and firmly bound to Board of_County _Commissioners, Coilier County, FLaS Obl igee In the seem of Ten Million Sixty Five Thousand and 001100 (S 10,065,000.00 ] for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ' day of ! 20 , Design Build of Veteran Memorial Boulevard with Obligee far g in collier courtly � accordance spec) an with drawings an lcails, w 3hntract Is'incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS HON❑ is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(i), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full Force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of September 2020 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Page 27 of 65 RPSN 20-7708 "Orsign BulId of Veteran hternoriel Boulevard Extension -Phase 1" Signed, sealed and delivered in the presence of - Margarita Neg on C. Witnesses as to Principal Anna Rice STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. BY: _ NAME: Luis J. Gaudio ITS: Via, President— The foregoing instrument was acknowledged before me by means of X physical presence or _ online notarization, this 29th day of September 202Q, by _ Louls. J. Gaudin , as Vice President of Quality Enterprises USA Inc a Vifginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced NIA - Known as identification and did (did not) take an oath My Commission Expires: 2/11/22 "ARC:IE L. :. '.Wlsslo"1 :_.r a L - c-.tf , .ES: For,, iy 11 7417 fir rn. u Nisary I vh5t L[tNwo" rp• d5affi&WG6QMft (AFFIX OFFICIAL SEAL.) ArrEST: Witnesses to Surety (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 152066 SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) Page 29ar65 PPSY 20.7708 " Defte Su11d of Veteran Memorial 6vs2leysrd E%tenslon-Ph ase V OR Witnesses ❑aniet J. ryga STATE OF Virginia CM.'N'TY OF Virginia Beach Fidelity and deposit Company of Maryland As Attorney in Faci (Attach Power of Attorney) Tammy A. Ward tPrinted Natne) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) (Telephone NUITIbe1') The foregoing instrument was acknowledged before Inc by means of x _ physical presence or: online notarization, this 29th day of _ September . 2020 , by' Tammy A. Ward , as _Attvmey-in-Fact of Fidelity and Deposit Company of MaryLan.4. SLirety, on behaif of Surety. He/She is personally known to me OR has produced _ _ _ _ as identification and who did (did not) take an oath. r r 1J My Commission Expires' September 30. 2022 i' �. • + r 1 r ; (Signature) (AFFIX OFFICIAL SEAL) E-f=STRAVYANDg�n�a,30,f NameTerri K Strawhand (Legibly Printed) Notary Public, State of. Virginia Commission No.: 247448 Page 29 ar65 RPSH 20 7709"Uestgn Buitd of Vttcran ! IemorhI Be. uIcvard Extension Phase 1" EXHIBIT B-2: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE as Bond No. 9356241 Conti -act No. 20-7708 That and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way, Schaumburg, It. 60196 (Business Address) are held and firmly bound to Board of County Commissioners, Collier County, FL as Obligee in the suns of Ten Million Sixty Five Thousand and 001100— (S 10,065,000.00 _j for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of f 20 with Obligee for Design Build of Veteran Memorial Boulevard Extension Phase 1 - Contract No. 20-7708 in accordance PRESENTS: Principal, Quality Enterprises USA, Inc. with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: i. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of September , 20 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Page 30 of 65 RP3t120.770811Msign 0ulid of Veteran NrenrorinI 0auI"ard Estie nslen-P11Rse I'' Signed, sealed and delivered in the presence of- garita Neoron 1 nesses as to Principal Anna Rice STATE, OF Fiorlda COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. BY --- NAME.: Louis J. Gaudio ITS: Vice Presidgrit The foregoing instrument was acknowledged before me by means of _X_ physical presence or — online notarization, this 29th day of _September , 2020 , by Louis J. Gaudio _, as Vice President of Quality Enterprises USA- Inc- _ _, a _Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced {VIA - Known as identification and did (did not) take an oath. My Commission Expires: 2111/22 N*11�fE L. Cli E14 tti',Y',,:ryi�,f155i0t. �+,t; 151: EXFFjr,LS: Fci:ruary it 4C:2 nomf4d tr,!SI Halary Public Uwvr*-M&n (AFFIX OFFICIAL SEAL) (Signature) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of: Florida Commission No.: QG 152066 Page 31 ❑r65 RPSM 20-7709"Oeslgn build or Veteran Mitmorial Boulevard ExIerviion-PhAse P' ATTEST: Witnesses as to Surety Witnesses Dani J. Grygo STATE OF Virginia COUNTY OF Virainia Beach C1LIKIx I (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fidelity and Deposit Company of Maryland As Attorney in Fact (Attach Power of Attorne)} Tammy A. Ward (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) (Telephone Nutnber) The foregoing instrument was acknowledged before me by means of x physical presence ol- — oriline notarization, this 29th day of September , 2020 by Tammy A. Ward as Attorney -in -Fact of Fidelity and Deposit Compan ofi fiNa lam Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30, 2022 _ (Signature) Name' Terri K. Strawhand (Legibly Printed) Notary Public, State of: Virginia NotaryPubllc Commission No.: 247448 Commonweafth of Virginia Reg. 0 247448 nny Commission Expires 9/300122 Page 32 or b5 RPSN 20-77pR "Design Build of Veteran Memorial Bouiev;ird Extension-PhAse t" Bond Number 9356241 Obli cc� '•J'" ZURICH ANIERICAN IN5L+RANCF COMPANI COLONIAL ANIF.RICAN CAS L1AL,TY AND SLFRF.TY CONIPA'NI' FIDELITI AND DEPOSITCOl1PANY OF 1I.AR1 LAND POWER OF aTTOR-NEV "OW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE CO\IPANY, a Corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section $, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Terri K. Stra►r ba nd its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed; any and all bands and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland„ and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland„ in their awn proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section S, of the By -Laws of said Companies, and is now in force, fN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZL RICH ANIF:RICAN INSURANCE CONIPANI, COLONIAL A-MERICAN CASUALTI AND -SURETY C-O.MPANY, and FIIIF.LITI AND DEPOSIT COMPANV OF INI.ARYLkND, this 19th day of June, A.D, 2019. ATTEST: ZURICH AMERICAN INSURANCE CONIP:1.NV COLONIAL AMERICAN C.ASIJALTI' A744D S!]RETY COMPANY FIDELITY AND 1)KPONIIrCOiiPAN1 OF MARI LAND SEAL � BY: Robert D. lbfurrav � Vice President •+ fR- By. Dawn E. Brown Secretary State of Maryland County of Baltimore On this i 9th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary oi'the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and aclmowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. LN TESTLMONY WHEREOF, I have hereunto set my hand and affixed my 0Mcial Seal the day and year first above written. Constance A. Dunn. Notary Public Mr Commission Expires July B, 202 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section S, Attome s-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognixances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time," CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1995. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney,- Any such Po«'er or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power cf Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board or Directors of the COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MAI3YLAND at a meeting duly called and held on the 10th day of May. 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shalt be valid and binding upon the Company with the same force and effect as though manually affixed. IN TE STINIOW, WHEREOF, I have hereunto subscribed my name and aff iced the corporate seals of the said Companies, this 29th day of September 12020 ■ — nE to tf e$A1, Brian M. Hodges, Vice President TO REPORT A CLAINT WITH REGARD TO A SURETV BOND. PLEASE SU8N1IT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE. PRINCIPaL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO. - Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfc:laims('@Ztirichna.com 800-626-4577 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA Before me, the undersigned authority, personally appeared , who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, "Contractor" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida, ("OWNER") relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20_, for the period from to (2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which OWNER might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/final/ Application for Payment No. Quality Enterprises [USA, Inc. "Contractor' Date: ATTEST: First Witness Printed Name Second Witness Printed Name STATE OF Title ol'individual sigming 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 is personally known to me or produced not take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, on behalf of the corporation. He/she as identification, and did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Page 33 of 65 RPSN 20-7708 11Design Build of VelerHn Memorial Boulevard Extension -Phase l" ( lt7 EXHIBIT D APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: (Contractor's Representative) {Contractor's Name) (Contractor's Address) RE: Original Contract Time: Revised Contract Time- Retainage @ 10% thru[insert date] $ Retainage @ _°% after (insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date 11/0 Liquidated Damages to be Accrued $ Bid No. Project No. Purchase Order No. Application Date _ Payment Application No. for Work accomplished through the Date: Project Name) Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment Is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR forthe above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Paige 34 of 65 RPSft 20-7708 "Design RuiId of VeteMrl Alenioriul Boulevard Extension-Phuce I" FXHIBITD (Continued) SCHEDULE OF VALUES Project Name- "Cal rum her: Dale: Per{pd 70: ' Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cw into play. if this happens, all information up to the date of the %change in retainage is placed in the Thru date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. I'age 35 of 65 RPS# 20-7705 "Design 0uild of Veteraa Memorial boulevard ErtenMen-Phase I" Exhibit ❑ (Continued) Stored Materials Record Formula: A + B-C-D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 36 of 65 RPS4 20-7709"Design Build arVeteran Memorial Boulevard Extension -Phase 1" EXHIBIT E-1 CHANGE ORDER Change Order Form Contracts ChangeirPurchasaOrd erp: pro*ts:� Contractor)Firm Name: Project Name: Project Manager Name Department- Original Cantfact'Wc y doer Amount Orgir+al 9CC Approval Date; Agerds Item# Currem 9CC Aa rmedAmcunt isst BCC AcRrovai Date; Acends Item# Cu"ent ContractWort Oroar Am cunt SAP C0rtractExpiraticn Date tNUS tc-!) Dollar Arno unIof this Change 40IV/D! Tcml Charge from C)oIgiWAmount FLeviaeo Contract'tNerx Oroe- Total S 6.64 00IV D! Changaffcm Current GCC Approved AmcwM Cumulative Charges 5 -.nj I t1DIV.9ChangefromCurrerxArrlount �yf Com�pletionl� Slate. Description of the Tasks} Change, and Rationale for the Change Notice to Proc �I Original � Last Approved Revised Date Date Completion Dat Date r a 7,313 RofDays Added 5elecffa5ks ❑ Add new task(s) 0 Deletetaskfsf ❑ Ch3nget3sk(s) ❑ Other sp Provide a responseto the following: I-) detailed and spmftexpIanationhationale of the raquestedchangelsl to the tasklsj and 1 or the additional days added (if requested): 2.$why this change was not included in the original contract; and. 3.1 describethe impact if this change IS not proses 5ed. Ai sc'! a•Sr.A*ral :rform ad yr fr:•T 1 h g 7)e5 . F-Y955Ur'a, 3 7 = J: ZD.": r3 �:7r � ^r;- Prepared by Dale: iPrajett It,lana„er Hama and epar,rnsr;; Ac sepia rye of t F is C lash y}e Oroer a n air con st n:-*a m octft mr- ! o sort. raot ; 'r4 ork nioer deT t fed a bove 3 r f •N ell tP 5 ub)L-m to a 111 pie s a m L. lerm3 dnd COW,, or r. as contaRred m t,.e cowaa r work orar md,=ed above, as fully as if the Same -4 efe i13!eC 1n tha swept a:nce, The adjust mer.S, if ary, to the Contras shall conr.rmi: a fuH and flaal9atllaanent of ar.y and sllrsrrns of :te Ccr^a_tori Very -tor: Crnsuftartr D e3 yin profess k7nal ariH irg Out of cr fei3l c. telhz charsie ael forth herein, rrc lud irg tla ims for im pal. 3'..eay CoaIs. Accepted by Date f Cor;f 3Cl of: Ver-jo('C7r56^.ar'. Des i2rc P rafm;r.313r. N a n a of F:m_ eprajec: aov:ran Approved by DDaae. ,os qfl proles s ioraI ;nd Name of Firm, d prosrcl ap linat4k Approved by: Date ,72'rxuremert Professrara Page 37 of 65 RPS# 20-7708 "Design Build of Veteran Memorini Boulevard Extension -Phase I" 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 change(s) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of detennining change in Contract amount: Method of detennining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract amount Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer ❑WNER's Representative Page38 or65 RP5420-77081,17esign Build or Veteran Memorial Boulevard Extension -Phase I" OWNER'S Project No, PROJECT: Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project 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 39 of 65 RPS# 20-7708 "Design Huild of Veteran Memorial 1WuIt! vand Extension -Phase 1" The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of 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 120 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 5 Type Name and Title , 20 Page 40 of65 "NESA Interim Treatment Plant and Pipelines" RPS 418-7474 EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: Contractor: The following items have been secured by the for the Project known as Date: . 20 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: U. 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 41 of 6.1; RPSH 20-7708 "t)esign Build or Veteran Memorial Boulevard Exlension-Phase r' EXHIBIT H GENERAL TERMS AND CONDITIONS EXH1111T H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT I)OCUMENTS. 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. I,2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement. Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article I 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 compatibiIity with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power: availability and condition of roads; work area; living facilities; climatic conditions and seasons: physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions: equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Page 42 ol'65 RPS# 20-7708 "Design Build of Veteran Memorial Boulevard Eatensl4n-Phase I" �- � Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface orotherwise 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 tern (14) 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 perfonmed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited tothe 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 ofthe 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 IQual ity Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan and a schedule of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Page 43 of Gi RPS1t Z0-7708 "Deslau Build of Veteran Memorial Boulevard Extension-Pha-se V 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 he subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner. After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent ( 10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.079 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work, 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Schedule of Values. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. Page 44 ol'65 BPS# 20-7708 "Design Build or Veteran Memorial Boulevard Extension -Phase I" —� 5 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit Gard transaction fees) as a result of using the County's credit card for transactions relating to this Agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 if any conditions described in 5.1. are not remedied or removed. Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also inay offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. COMPLETION. 6.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use. Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list Page 45 ar 65 RPS;V 2( 071A "Design auild a Veleran Memorial Boulevard Extension -Phase 1" G)) 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, thatthe entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shalt become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and A ffidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check fist. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 6.3 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.4 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work, 6.5 OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the CONTRACTOR may have issued its recommendations. Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit , as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed. Page dG ol'65 RPSN 20-7708 "Desi¢n Build e(Veteraa MemorhiI Houlevard Extension -Phase I" to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTiONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof, 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish (lie 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 (o 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 fumish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contains an itemized estimate of all coststliat 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 specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute. No substitute will be ordered. installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the cost for evaluating each proposed substitute. Page 47 or 65 RP5# 20-7709 "resign Baild or Veteran MemorhoI Boulevard Ex ten sin n-Phase I" 8.6 Notwithstanding anything in the Contract Documents to the contrary. Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. 9.2 NON -HAZARDOUS SAMPLES. At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator. CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 10. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS, 10.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager, The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 10.1. l 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; 10.13 The hours of operation by Contractor's and Sub -Contractor's personnel; 10.1 A 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); 10.1.5 Description of Work being performed at the Project site; 10.1.7 Any unusual or special occurrences at the Project site; 10.1.8 Materials received at the Project site; 10.1.9 A list of all visitors to the Project Page 38 ol'65 RP5# 20-7708 "Desien Build or Veteran Memorial Boulevard E.xtensian-Phase I" 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 DOCLlments, itie] uding, 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 a Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph [ 2,2. 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 a[' 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 wii11 be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11.4 Notwithstanding anything contained within Section 2.3 to the contrary, if Contractor encounters on the Project site any materials reasonably believed by Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Contractor immediately shall (i) stop Work in the area affected and 00 report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Lump Sum Price and Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume Page 49 01-65 RP%H 24.7708'Desipn Bnild of Veleran Memorial nnulerard Extension -Phase 1" 0 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 hantlless for any costs incurred by Owner with respect to Stich 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 casts 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 claiin by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 12.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 12.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. I f 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 ofthe increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -consultants' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 12.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 12.6 Minor changes in the Wort: do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship Page SO of 65 RPS# 20-7708 "design Build or Vcicran Memorial Boulevard Extension -Phase 1" 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 atthe time such modifications are authorized. 13. OTHER WORK, 13.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 13.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors, 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure I report w i I I constitute an acceptance of the otlie r work as fit and proper for integration with Contractor's Work. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety [including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes]. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's Page 51 o1`65 RPSt120-7708 "nesi,-n mai(l or Teleran Memorial Boulevard Extension -Phase I" 0 time or cost of perfonnance 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 sag 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. 143 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: ■ Commodity based procurement where no services are provided. ■ Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors 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 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-Veriry evidence and the executed affidavit the bidder's 1 Contractor's proposal may- be deemed non -responsive. Additionally, Contractors small 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: h!V.//www.dhs.gov/E-VerJfy.. 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 sew. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firin(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. Page 52 or65 RPS# 20-7708 "De,,ign Build or Veteran Memorial Boulevard Extension -Phase 1" 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 219-80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfers). 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 file Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one(]) 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. I T2 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 he grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. Page .93 of i-5 RPS# 20-7709 " Desig n Build of Veteran Memorial Boulevard Extension -phase I" •V lJ 11� 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 Wort; to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay a[l costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor a[I engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and For any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 18.7 Owner shall have the right, but not the obligation, to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 119. 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 casts 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 l f 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 Iim ited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. I f, however, such Work is not found to be defective, Contractor shall be al lowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such Uncovering, exposure, observation, inspection, testing and reconstruction. 19.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until Page 54 of 65 RPS" 20-7709 ^r"gn Build or Veteran htemoriul Ito ulevard Extension -Phase 1" { .,RC the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 19.4 Should the Owner determine, at its sole opinion, it is in the Owner's hest 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 i n the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances. construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 20. SUPERVISION AND SUPERINTENDENTS, 20.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace. its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 20.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Page 55 ❑f G5 RPSH 20-7708 "Design Sniid of Veteran Memorial BouIn-ard Extension -Phase [" 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 foss or damage shall be deducted from any amounts due Contractor. 21.2 Contractor shaI I not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 21.3 Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's benchmarks. Contractor shall immediately notify Project Manager. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. EMERGENCIES. 22.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency. a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 23. USE OF PREMISES. 23.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 23.2 Contractor acknowledges that Work may be performed at a particular Project site where Owner simultaneously is conducting and continuing its operations upon the same site. In such event, Contractor shall coordinate its Work and cooperate so as to cause no unreasonable interference with or disruption to Owner's operati ons. 24. SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: Page _% of (k% UPS# 2 0-7 708 "Design $nild of Veteran Memorial Boulevard Eitension -Pbase i" GIN 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 noti fy owners of adjacent property and of underground structures and improvements artd uti I ity 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 Wort: is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 24.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 24.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 24.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 24.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 214.5.5 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 faci lity regulations issued by Owner's officials onsite, as said regulations may be changed from time to tirne; Page 57 of SS RPS# 20-771% "Design Build of Veteran Memorial Boulevard Extension -Phase I" 0 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 24,5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times. Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals. and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager, The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon coin pletionitermination 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 (I0) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AN 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 he applied to sales tax. Page 58 of 65 RPSAI Ni-7708 "Design Ruud of Veteran Memorial Boulevard Extension -Phase I" 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 tares. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all ❑irect 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 tenns of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase. upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Schedule of Values, and shall supply a copy of that breakdown and composition to Owner for their review and approval prior to submitting its first Appiication 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 shal l negotiate all Change Orders, Work Directive Changes, Field Orders and Bequests 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 I'Lfge 59 (W65 RPM 20-7708 "Design 13uild of Veteran Memorial Roulevnrd Extension -Phase 1" (- �3i commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (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, wi it be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business autornobile 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 Subontractor performing work at the project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry. mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 29.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 29.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or attributable to Owner and including claims based on breach of contract or negligence, shall be an extension of its contract time. 29,6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 29.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 29.6 into their sub -subcontracts and purchase orders. 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of'such claims. Page 60 of 65 RPS4 20--770R "Design Build or Veteran Memorial Buulevard Eaiension-Phase I" �I [cT��K�]s'[��Il�IYLI�r��x.�•LC�I��I 30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, al I 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 Subin itta [/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 30.1.1 1 Cost Proposal Request 30.1. l2 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. l7 Insurance Certificates and Bonds 30.1.18 Contract Changes 30.1.19 Permits 30,1,20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks 30.1.23 "As -Built" Marked Prints 30.1.24 Operating & Maintenance Instruction 30.1.25 Daily Progress Reports 30.1.26 Monthly Progress Reports 30.1.27 Correspondence Files 30.1.28 Transmittal Records 30.1.29 Inspection Reports 30.1,30 Punch Lists 30.1.31 PMIS Schedule and Updates 30.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner or their designees for reference, review or copying. 30.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. Page61 of65 RPS# 20-7708 "Design HOW of Veteran Memorial Boulewd Extension -Phase I" i'�l� 31. SECURITV. 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. 1f 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 �eollier og v.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. if there are additional fees for this process, the Contractor is responsible for all costs. 32. HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS. 32.1 Hazardous Conditions. 32.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 32. L2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (i i) 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 Tilne(s) to the extent CONTRACTOR's cost and/or time of perfonr3ance have been adversely impacted by the presence of Hazardous Conditions. 32.1.5 The CONTRACTOR shall ensure compiiance with ail NFPA regulations: specifically, 1 10 & 30/30A; FDEP chapter fit regulations: specifically, 761, 762, 777. and 780; 376 & 403 Florida Statutes; Rage fit of 65 RPSt12n-77U8'1Design Build or veteran Memorial BouFevard Extension -Phase 3" and STI, UL, PEI, ASME, NACE, NLPA. MIST & 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 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. 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, l Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, perfonnance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, Far 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 detennination 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 tirne of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 33. ABOVEGROUND/UNDERCROU ND TANKS. 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, i 10 & 30130A; FDEP chapter62 regulations: specifically, 761, 762.777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 33.2 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 will be storing; petroleum products or hazardous materials. The contractor shall provide a 10 day and 4$-hour notice to SHWM❑ 239-252-2508 prior to commencement. The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials I petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD m€Ist approve the plans prior to contractor's submittal for permitting. Page Q ❑r65 RPS# 24-7708 "Design BieiId of 1'eteran Memorial nuulerurd F:xreits inu-Phase I` rl 34, STANDARDS ❑F CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOVE ES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties, The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. Page 64 of 65 RPSP 20-7708 "Desien Build of Veteran Memorial Houirvard Extension -Phase i" EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287,055, Florida Statutes, Quality Enterprises USA, Ine,, hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning 20-7708 "Design Build of Veteran Memorial Boulevard Extension -Phase I", are accurate, complete and current as of the time of contracting, Quality Enterprises USA, Inc. TITLE: Vice President DATE; Pap 65 or 6s RP$O 20.7708 "Desrgn His IId ar Veleraa WlemoHal nonlevord Exle101on-F110se I" C ht7 ACCIIIR& CERTIFICATE OF LIABILITY INSURANCE CAI �1112ozoyYY} 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(iea) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A Marsh & McLennan Agency LLC 222 Central Park Avenue, Suite 1340 Virginia Beach VA 23462 CONTACT Marsh Marsh 8 McLennan en LLC & McLennan PHONE FAx 0577 E-MAIL - AODR s certificates MarshMMlA.Com INSURERS AFFORDING COVERAGE MAICS INSURER A: Zurich American Insurance C o m pany 16535 INSURED Quality Enterprises USA, Inc. & Quality Environment Company, Inc. INSURER XL'S ecla Ity Ins uranoe COm a ny 37885 INSURER : Phoenix Insurance Com pany 25623 INSURER 0 : Travelers Prop & Casualty Co of America 25674 3494 Shearwater Street Naples FL 34117 INSURER E : Evanston Insurance Company 35378 INSURER F COVERAGES CERTIFICATE 14UIll ER: 7809647RA RFVISinN NUMIRIPW THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDiTiONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LR TTR TYPE OF INSURANCE ADD SUER POISCY NUMBER POLICY EFF MMIDWffYY POLICY �P IM oor LIMITS C. cOMMERCIALGENFRALLIABILITY Y C07N91352A20 711I2020 7/1/2021 EACHOCCURRENCE S1,000,000 DAMAGE TO HEN P LIJ CLAIMS -MADE � OCCUR PREMIS S JEa Mamirrm e $300,000 MED EXP Any oneperson) $10.000 PERSONAL 8 ADV INJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY � JE T LOC PRODUCTS - COMPIOP AGG S 2,000,000 S OTHER: C AUTOMOBILSLIABILITY 8107N67219020 71112020 71112021 COMBINED SINGLE LIMIT a acodentl S 1,000,000 SOOILY INJURY (Per person} S ANY AUTO IX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per eoadenl) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE P r $ PIP s 10,000 aggregate Xcow various x Car raaoua I 0 x UMBRELLALFAB X OCCUR CUP81`400458A 7M M20 7/1/2021 EACHOCCURRENCE $15,000,000 AGGREGATE s 15,000,000 EXCESS LIAR CLAIMS -MADE OEO I X RETENTION s1 a nnn S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN VVCD1793105 7/1/2020 7/112021 X PEATERR Ind 115E&H _PTANYPROPRIETORIPARTNERJExECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFF ICERIMEMB ER E](CL UD E ❑ 7 NIA E.L. DISEASE- EA EMPLOYEE S 1,000,000 (Mandatary in NH) If yes, descnba under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1.000.000 8 8 F Protection & Indemnity P&I Excess Pollution lPror.Llabdliy UM00077D83MA20A UM00077085MA20A MMAENVO01943 711=20 711/2020 71IW20 71112D21 711I2021 711,2022 $1.000.900 each claim S1,000,000 S2MM each dmm s1,000.10D0 Aggre Excess S4MM aggre. DESCRIPTION OF OPERATIONS LOCATIONS i VEHICLES [AC ORD 191, Additional Remarks Schad ula, may ba atta[had If mom apace Is recluimd} RE: For Any and All County projects Board of County Commissioners in Collier County are included as additional insureds under the General Liability policy as respects to work performed by the insured as required by written contract CERTIFICATE HOLDER CANCELLATION Board of County Commissioners in Collier County 3925 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD