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Agenda 11/12/2024 Item #16B11 (Change Order #2 $17,377.84 and sixty-four (64) daysunder Agreement #20-7811 w/Quality Enterprises USA, Inc,)
11/12/2024 Item # 16.B.11 ID# 2024-1657 Executive Summary Recommendation to ratify administratively approved Change Order No. 2, adding $17,377.84 and sixty-four (64) days under Agreement No. 20-7811 with Quality Enterprises USA, Inc., for the “Design-Build of the Immokalee Area Improvements – Tiger Grant” project, and the Chairman to sign the attached Change Order. (Project No. 33563) OBJECTIVE: To reimburse Collier County permitting fees and add sixty-four (64) days under Agreement No. 20- 7811, Design-Build Immokalee Area Improvements - Tiger Grant Project, to complete the obligations of the construction contract. CONSIDERATIONS: On February 8, 2022, the Board approved Agreement No. 20-7811 (the “Agreement”) providing for the design-build of the Immokalee Area Improvements – Tiger Grant (the “Project”) to Quality Enterprises USA, Inc. (“QE”). On March 12, 2023, the Board approved Change Order No. 1 (Agenda Item 16.B.2) under the Agreement, extending the contract 237 additional days. Further extending the time of the Agreement is necessary because of delays related to the Area 4 Immokalee Water & Sewer Relocation Project (a separate project under Agreement No. 20-7800), which impacted the items of work in this area. As a result, the contractor requires 64 additional days to complete the obligations under the Agreement for the Tiger Grant Immokalee Area Improvements. This Change Order will also provide reimbursement for Collier County permit fees paid for by the designer/subcontractor Q. Grady Minor & Associates, LLC and QE, which under Article 3, section 3.8 of the Agreement, are the obligation of the County. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. The County’s Procurement Services Division administratively approved Change Order No. 2, as authorized under the Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3.b FISCAL IMPACT: Change order #2 increases the overall contract by $17,377.84. Funding is available in the Transportation Capital Fund (3081), within TIGER XI Project (33563). Funding source is General Fund (0001) ad valorem. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To ratify administratively approved Change Order No. 2, adding $17,377.84 and sixty-four (64) days under Agreement No. 20-7811 with Quality Enterprises USA, Inc., for the “Design-Build of the Immokalee Area Improvements – Tiger Grant” project, and for the Chairman to sign the attached Change Order. PREPARED BY: Jamie Khawaja, Project Manager II, Transportation Engineering Division ATTACHMENTS: 1. ITGP 33563 - CO#2_ Updated 2. 20-7811 QE Contract Page 1845 of 5419 Page 1846 of 5419 Page 1847 of 5419 Page 1848 of 5419 Page 1849 of 5419 Page 1850 of 5419 Page 1851 of 5419 Page 1852 of 5419 Page 1853 of 5419 Page 1854 of 5419 Page 1855 of 5419 Page 1856 of 5419 Page 1857 of 5419 Page 1858 of 5419 Page 1859 of 5419 Page 1860 of 5419 Page 1861 of 5419 Page 1862 of 5419 Page 1863 of 5419 DESIGN-BUILD AGREEMENT between Board of County Commissioners for Collier County Florida and QUALITY ENTERPRISES USA, INC. dated February b ,2022 IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 20-7811 Page 1864 of 5419 TABLE OF CONTENTS Article Name Page ARTICLE 1 CONTRACT DOCUMENTS 1 ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2 ARTICLE 3 OWNER'S RESPONSIBILITIES 4 ARTICLE 4 CONTRACT AMOUNT 5 ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5 ARTICLE 6 INSURANCE REQUIREMENTS 6 ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 8 ARTICLE 8 INDEMNIFICATION 10 ARTICLE 9 CONSEQUENTIAL DAMAGES 10 ARTICLE 10 LAWS AND REGULATIONS 10 ARTICLE 11 INDEPENDENT CONTRACTOR 11 ARTICLE 12 DISPUTE RESOLUTION 11 ARTICLE 13 ASSIGNMENT 12 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 13 ARTICLE 15 FORCE MAJEURE 13 ARTICLE 16 CHANGE IN LAW 14 ARTICLE 17 TERMINATION FOR DEFAULT 14 ARTICLE 18 TERMINATION FOR CONVENIENCE 16 ARTICLE 19 DOCUMENTS 16 ARTICLE 20 CONFIDENTIALITY 17 ARTICLE 21 SEVERABILITY 17 ARTICLE 22 PUBLIC ENTITY CRIMES 18 ARTICLE 23 EXHIBITS INCORPORATED 18 ARTICLE 24 NOTICES 18 ARTICLE 25 CAPTIONS AND HEADINGS 19 ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 19 ARTICLE 27 ENTIRE AGREEMENT 19 ARTICLE 28 SUBJECT TO APPROPRIATION 19 ARTICLE 29 ORDER OF PRECEDENCE 19 CPage 1865 of 5419 DESIGN-BUILD AGREEMENT This Agreement is made this 9) day of'evy UQl( , 2022 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"), 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 Proposals (RFP) #20-7811, "IMMOKALEE AREA IMPROVEMENTS — TIGER GRANT," on that property located in Immokalee, Florida, 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 #20-7811, "IMMOKALEE AREA IMPROVEMENTS —TIGER GRANT" in accordance with this Agreement; and WHEREAS,the Contractor and its sub-consultants and subcontractors are licensed in the State of Florida to provide all engineering and general contracting services required to develop,design and construct the Project; and WHEREAS, Contractor is willing and able to provide any and all services, labor, materials, and equipment necessary to construct the Project, to perform the Work and to bring the Project into full and complete operational status. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents are comprised of the following and are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the"Contract"): 1.1.1 This Agreement,the Exhibits described in Article 23 hereof,the Legal Advertisement,the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, and amendments relating thereto. 1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's Proposal. Page I of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1866 of 5419 1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this Agreement. ARTICLE 2 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services, and provide all material equipment, tools and labor necessary to complete the Work described in and reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying, hydro-geological, soils testing, procurement and construction, start-up, testing, training and warranty services("the Work")for the OWNER's Project. 2.2 Design Professional Services 2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including engineering surveying, hydro-geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2, and Article 1. The design for the Project shall be set forth in the Construction Documents. All changes,supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 2.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit K to provide all required professional design services for the Project List of Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit K must be approved in advance and in writing by OWNER. 2.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and following the meeting OWNER shall review and approve the interim design submissions. 2.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 2.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project. Page 2 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1867 of 5419 2.3 Construction Services 2.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide by itself or through duly licensed and qualified subcontractors the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described herein. 2.3.2 CONTRACTOR shall be solely responsible for the means,methods,techniques,sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 2.3.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs other work on the Project or at the site with separate CONTRACTOR under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTOR so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently,safely and without interfering with the use of adjacent land areas,including compliance with the Land Development Code, Article VI, Litter, Weed and Exotics Control. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction waste, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 2.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a.All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site and regardless whether purchased directly by the CONTRACTOR or OWNER; and c.Other property at the site or adjacent thereto,including trees,shrubs, lawns,walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. Page 3 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1868 of 5419 2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss;and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information i.e.,record as-built drawings and legal site descriptions if they are available the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subcontractors, reasonable access to the site. 3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 3.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 3.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subcontractors, with particular reference to utilities and hazardous substances or conditions. 3.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes,tanks,cables and utilities as known to OWNER. 3.7 OWNER shall,within seven(7)days of becoming aware of the occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 3.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in Article 1 and Exhibit A-2. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. Page 4 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CP.°Page 1869 of 5419 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 Twenty Two Million Eight Hundred Sixty-Nine Thousand Two Hundred Eighty Dollars and 20/100 ($22,869,280.20) for the entire Project, including alternate bid items, Owner's allowance and allowance items#1-4 outlined in Exhibit A-I. 4.1.2 Owner's Contingency and Allowance. The Contract Amount includes Owner's Contingency,if any,which is controlled by the Owner and available to defray expenses attributable to unforeseen circumstance relating to the construction and for added scope by the Owner. The allowance items identified in Exhibit A-1,if any,may be used per the general terms and conditions. ARTICLE 5 PERFORMANCE AND PAYMENT BOND 5.1 CONTRACTOR shall provide Performance and Payment Bonds,in the forms prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which is to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however,the surety shall meet the requirements of the Department of the Treasury Fiscal Service, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Moreover,the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York,New York 10038. Should the contract amount be less than $500,000,the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 5.2 If the surety for any bond furnished by CONTRACTOR is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the CONTRACTOR shall,within fourteen(14)calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 5.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER,of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder. Page 5 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1870 of 5419 ARTICLE 6 INSURANCE REQUIREMENTS 6.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,$2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$2,000,000 each claim and aggregate. E. Umbrella Coverage: $3,000,000 per occurrence. 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, 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 Page 6 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1871 of 5419 of subrogation from OWNER's separate CONTRACTOR,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B — Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address(if any). 6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 6.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. 6.8 Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty(30)days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 6.10 Should at any time the CONTRACTOR not maintain the insurance coverages required herein,the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONTRACTOR for such coverages purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. Page 7 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1872 of 5419 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten(10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. ARTICLE 7 CONTRACT TIME AND LIQUIDATED DAMAGES 7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to be completed in segments and each segment will have two phases (i.e. Design Phase and Construction Phase),the timely completion of the first phase is critical to the timely completion of the second phase and,therefore,completion of the entire Project. The"Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 7.2 The Work shall be substantially completed within Seven Hundred Forty(740)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 Eight Hundred (800)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,Nine Thousand Two Hundred Sixty-Seven Dollars and no/100 ($9,267) for each calendar day thereafter until substantial completion is achieved. Further,in the event Substantial Completion is reached,but the CONTRACTOR fails to reach Final Completion within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency(or agencies)of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Page 8 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1873 of 5419 Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 7.6 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.CONTRACTOR's sole remedy, if any,against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 7.7 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended,the CONTRACTOR'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Eight herein. 7.8 When any period of time is referenced herein by "days",the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 7.9 For all contracts,regardless of whether the Contract Time is stipulated in calendar days or working days,the OWNER will count default days as"calendar days. 7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER elects to complete the Work, in whole or in part, through another contractor or its own forces,the CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the OWNER. 7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreement in OWNER's sole discretion. 7.12 Notwithstanding anything herein to the contrary,the OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 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 9 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Cl` O Page 1874 of 5419 7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 7.15 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be liable to OWNER to the extent OWNER incurs damages from a third party as a result of CONTRACTOR'S failure to fulfill all of its obligations under the Contract Documents. OWNER's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude OWNER from recovering from CONTRACTOR any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER and its officers and employees from any and all liabilities, claims, damages, penalties, demands,judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by CONTRACTOR or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its Design Consultants, and its Subcontractors, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ARTICLE 9 CONSEQUENTIAL DAMAGES 9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract,tort(including negligence), statute or strict liability. ARTICLE 10 LAWS AND REGULATIONS 10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 10.2 This Agreement shall be governed by federal and State of Florida laws,rules,and regulations. Any suit or action brought by either party to this Agreement against the other party relating to or arising Page 10 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1875 of 5419 out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 10.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five(5)years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b)as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples,FL 34112-5746 Telephone: (239)252-8999 Pu blicReco rdReq uest(a,colliercou ntyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. ARTICLE 11 INDEPENDENT CONTRACTOR 11.1 CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s). Page 11 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Lt,O Page 1876 of 5419 ARTICLE 12 DISPUTE RESOLUTION 12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term"Claim"also includes other disputes and matters in question between Owner and CONTRACTOR arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight 48) hours from when the CONTRACTOR knew or should have known of the event giving rise to such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the CONTRACTOR shall be deemed to have waived the Claim. 12.3 The CONTRACTOR shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents pending resolution of any Claim. 12.4 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 12.5 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 13 ASSIGNMENT 13.1 CONTRACTOR shall not assign this Agreement or any part thereof without prior express written consent of OWNER,which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such OWNER's consent, shall be void. If CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require 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 12 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" LAO Page 1877 of 5419 ARTICLE 14 PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrants to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion,any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2 No later than thirty(30)days prior to expiration of the warranty,the Project Manager,or any other representative of the OWNER, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the CONTRACTOR to correct the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. ARTICLE 15 FORCE MAJEURE 15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER,by act of force majeure,by any act of CONTRACTOR,of OWNER or a third party,by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided,however, that the delay would not have occurred but for the act or the force majeure. 15.2 In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove,to carry out its obligation under this Agreement,other than its obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five(5)business days of discovery of the act or force majeure. Following such notice,the effective obligations of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. 15.3 The term "force majeure" as employed herein shall mean acts of Nature,acts of public enemy,war, blockade,insurrection,riot,act of terrorism,epidemic,landslide,lightning,earthquake, fire,storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to Page 13 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 0, 0 Page 1878 of 5419 obtain material(s) and/or any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. ARTICLE 16 CHANGE IN LAW 16.1 CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a)the enactment,adoption,promulgation,modification, repeal, or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity,if the issuance or modification of any such order,decree,or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension,termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. ARTICLE 17 TERMINATION FOR DEFAULT 17.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for OWNER to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) either fails to begin the Work under the Contract Documents within the time specified herein; or(2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Schedule of Values; or(3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable;or(4)discontinues prosecution of the Work;or(5)fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6)and(7) herein is allowed to the extent not prohibited by then applicable law. 17.2 OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against CONTRACTOR's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR's right to proceed under the Agreement, in whole or in part, and may take possession of all or any portion of the Work,may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means,method or agency which OWNER, in its sole discretion, may choose. Page 14 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1879 of 5419 17.3 If OWNER deems any of the foregoing remedies necessary CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and reasonable attorneys' fees, including appeals) or damages incurred by OWNER incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to OWNER on demand the full amount of such excess, including costs of collection, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. If the unpaid balance of the Contract Amount exceeds all such costs,expenditures and damages incurred by the OWNER to complete the Work, such excess with such interest shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or OWNER, as the case may be, shall be approved by the OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of CONTRACTOR'S right to proceed pursuant to this Section, it is determined for any reason that CONTRACTOR was not in default,or that its default was excusable, or that OWNER is not entitled to the remedies against CONTRACTOR provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Article 18 below. 17.6 The OWNER shall use all reasonable and diligent,good faith efforts to mitigate any of its damages against the CONTRACTOR. 17.7 In the event(i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and(ii)Owner has failed to cure such default within fourteen(14)days of receiving written notice of same from Contractor,then Contractor may stop its performance under this Agreement until such default is cured,after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor,the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen 14)days after receipt of Contractor's written notice,Contractor may,upon fourteen(14)additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. Page 15 of 63 RFP#20-7811 "IM1IMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1880 of 5419 ARTICLE 18 TERMINATION FOR CONVENIENCE 18.1 OWNER shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against OWNER shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred,but CONTRACTOR shall not be entitled to any other or further recovery against OWNER, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five(5)calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. ARTICLE 19 DOCUMENTS 19.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data,calculations and estimates,prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 19.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans,AutoCAD files,specifications,maps,evaluations,reports and other technical data,other than working papers, prepared or developed by or for CONTRACTOR under this Agreement("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 19.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed, or longer where required by law. 19.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. Page 16 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1881 of 5419 CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 20 CONFIDENTIALITY 20.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes, products, costs, equipment,operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 20.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a.Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees, agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; c.Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR; or e.Was required to be disclosed by law. Provided,however,CONTRACTOR shall not release,or cause or allow the release of,information to the communications media, except as required by law, concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two(2)years from the completion of Services. ARTICLE 21 SEVERABILITY 21.1 In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 21.2 All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. Page 17 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1882 of 5419 ARTICLE 22 PUBLIC ENTITY CRIMES 22.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ARTICLE 23 EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A-1: Contractor's GMP Schedule Exhibit A-2: Contractor's Proposal, Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E-1: Change Order Form Exhibit E-2: Work Directive Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I:Truth in Negotiation Certificate The Rfp #20-7811 "IMMOKALEE AREA IMPROVEMENTS — TIGER GRANT" Step-One Design Criteria and Step-Two,including attachments,exhibits,and Addenda with attachments,are expressly agreed to be incorporated by reference and made a part of this Agreement. These complete contract documents are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. ARTICLE 24 NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid or via e-mail,to the following addresses: Page 18 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 0 Page 1883 of 5419 CONTRACTOR: OWNER: QUALITY ENTERPRISES USA,INC. Collier County Transportation Engineering 3494 Shearwater Street Division Naples,FL 34117-8414 2885 Horseshoe Dr. S Naples,FL 34104 Louis J. Gaudio,Vice President Telephone: (239)435-7200 Michael Tisch,Project Manager Email: Lgaudio@qeusa.com Telephone: (239)252-5839 Email: Michael.Tisch@Colliercountyfl.gov For the purposes of this Agreement,notices shall be deemed to have been received upon three(3) days' time after posting of the written notice in the U.S. Mail or if by e-mail upon receipt. ARTICLE 25 CAPTIONS AND HEADINGS 25.1 The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify,amplify,or add to the interpretation,construction or meaning of any provision of,or scope of intent of,this Agreement nor in any way affect this Agreement. ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE 26.1 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Exhibit I certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate,complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate,incomplete,or non-current wage rates and other factual unit costs. All such adjustments shall be made within one(1)year following the end of this Agreement. ARTICLE 27 ENTIRE AGREEMENT 27.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third-party beneficiary is anticipated or intended by this Agreement. 27.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties,such as Purchase Orders,Work Orders,or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict,the terms of this Agreement shall govern. Page 19 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1884 of 5419 ARTICLE 28 SUBJECT TO APPROPRIATION 28.] It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. ARTICLE 29 ORDER OF PRECEDENCE 29.1 In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. signature page to follow) Page 20 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CPage 1885 of 5419 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST:BOARD OF C• NTY COMMISSIONERS COLLIER COUN" / • Crystal K,K,ipzel, Clerk of Court& C ot i,ptroller AIF By: y!' 4 C Willi..( L. McDaniel, Jr., Chairman afed: Q 10 ,a st'as to Chairman.', , signature'only,' Contractor's Witnesses: QUALITY ENTERPRISES USA, INC. Contract 's First Witness- Signature By: Signature—Authorized Agent Margarita Negron Type/print witness name* Louis J. Gaudio, Vice President Type/print title* Contractor's Second Witness—Signature Marcie Cohen Type/print witness name* pp oved a to or at Legalt y: A S .Te ch, Deputy ounty Attorney Page 21 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 0 Page 1886 of 5419 EXHIBIT A-1 GMP following this page) Page 22 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 1887 of 5419 ATTACHMENT A_REVISED GUARANTEED MAXIMUM PRICE (GMP) PRICE PROPOSAL FORM SOLICITATION NO: 20-7811 SOLICITATION TITLE: Immokalee Area Improvements-TIGER Grant CONTRACT TIME: 740 Calendar Days From Notice to Proceed to Substantial Completion, plus 60 additional Calendar Days to Final Completion— for a Total of 800 Calendar Days overall. Liquidated damages for delays from the Substantial Completion Date to be applied in accordance with FDOT Standard Specifications for Road and Bridge Construction, July 2021, Section 8-10 Liquidated Damages. DESIGN BUILD GMP Survey and Design 3,187,567.77 Road Construction(sidewalks/drainage) $12,699,338.84 Transit Center and Bus Shelters 1,504,873.19 Landscaping 1,060,497.93 Pavement Markings and Signage 228,832.41 Pedestrian Signal Installation 327,015.89 Design Build GMP Total: 19,008,126.03 STREET LIGHTING: 759.840.48 per Minimum Technical Requirements - Street Lighting Installation Section including Table X-1 Intersection Lighting, Table X-2 Continuous Street Lighting and Section N. Lighting Plans ENHANCED DRAINAGE IMPROVEMENTS: 3,101,313.69 per Minimum Technical Requirements- Section 0- Enhanced Drainage. TOTAL LUMP SUM GMP PRICE, 22,869,280.20 Design Build GMP + Street lighting + Enhanced Drainage Improvements NOTE: The availability of funds will determine if the street lighting and/or the enhanced Stormwater activities will be awarded. S Page 1888 of 5419 DESIGN-BUILD FIRM NAME: Quality Enterprises USA, Inc. DESIGN-BUILD FIRM ADDRESS: 3494 Shearwater Street Naples, Florida 34117-8414 AUTHORIZED AGENT SIGNATURE: PRINTED NAME: Louis J. Gaudio TITLE: Vice President The Guaranteed Maximum Price and Proposal Bond must be submitted separately in a sealed envelope and delivered to: PROCUREMENT SERVICES DIVISION ATTN: Lisa Dien 20-7811 Immokalee Area Improvements-TIGER Grant 3295 TAMIAMI TRAIL EAST, BLDG C-2- NAPLES, FL 34112 1. Proposer acknowledges that GMP submitted is unqualified and without exception, and submitted unconditionally without attachments. 2. The prices listed in the Guaranteed Maximum Price Form shall include the total cost to complete the Work including but not limited to materials, labor, equipment, profit, bonds, insurances, etc., as necessary to ensure proper execution of the design-build services and product requested by Collier County. 3. By signing above the individual certifies that he/she is authorized to act on behalf of the firm, individual, partnership, corporation or association making this proposal and that all statements made in this document are true and correct to the best of my knowledge. I agree to hold this proposal open for a period of one hundred and eighty (180) days from the deadline for receipt of proposals. 4. I understand and agree to be bound by the conditions contained in the Request for Proposal and shall conform with all requirements of the Request for Proposal. NOTE: TECHNICAL PROPOSAL SHALL BE SUBMITTED SEPARATELY ON-LINE VIA BIDSYNC Page 1889 of 5419 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA,Inc. herein after called the Principal) and Fidelity and Deposit Company of Maryland herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the City of Schaumburg and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners,Collier County,Florida (hereinafter called the Owner), in the full and just sum of -Five-Percent-of-Amount-Bid--- Dollars ($ 5%-of-Bid-- good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 20-7811 — Design Build — Immokalee Area Improvements-TIGER Grant. NOW, THEREFORE, if the Owner shall accept the RPS of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such RPS, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5%-of-Bid-- noted above as liquidated damages, and not as a penalty, as provided in the RPS Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 2nd day of September 2021. Quality Enterprises USA,Inc. Principal BY Seal) Louis J. Gaudio, Vice President Fidelity and Deposit Compan of aryland Surety b 6 Seal) Daniel J.Grygo,Attor' • Fact/ /LiCountersigned Non- Daniel J.Grygo Local Resident Producing Agent or Fidelity and Deposit Company of Maryland C Page 1890 of 5419 13ond Number Bid Bond Obligee Boam orCowmgCrnt,u,io ert Collier Cmum Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Daniel J.Gryeo its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver,for, and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 41EAL115 By: Robert D.Murray brte Vice President uro,,, it V WH 4 cdt6 /1.h Lyvt V S,a f4prro,y re ,1 By: Dawn E.Brown a 1 Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ptiuulgbq bJ+ ,•5,t Constance A.Dunn,Notary Public i;ix My Commission Expires:July 9,2023 anrnl'` Page 1891 of 5419 EXHIBIT A-2 CONTRACTOR'S PROPOSAL following this page) Page 23 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" C Page 1892 of 5419 QIN= i i i - ,,: a\ ' 4 jai x r Ts Immokalee Area wr t,ram" 1Improvements - c I TIGER GRANT 17.1t*,,,,, i1 4 ; COLLIER COUNTY, FL 0 RFP No. 20-7811 I Step 2 Statement of Qualification September 2, 2021 a a iiiir_ _ . „ Ix flii4,t,' I 24 t F ; 3., ate r.•,; e ` * I 4.4,' * \ tit‘ s,444::%:; ,,,• t Jj K. f Q UI L I TY 3494 Shearwater St. Naples, FL 34117 ENTERPRISES P 239.435.7200 I F 239.435.7202 I E contact@geusa.com Page 1893 of 5419 uN wr ' 44 - 4 TABLE OF CONTENTS Y i a ° 01: Transmittal Letter & Executive Summary 02: Project Team Approach o, DB Team - Why QE+ GradyMinor r DB Team Organizational Chart i «".fit 1 ' Its k'''4''' t DB Project Management DB Management Team & Staffing t, ,a Key Personnel Commitment &Team Availability Key Resources & Location s;° Project Schedule, CPM & Phasing Plan 03: Technical Information Project Background, History & Current Conditions Project Understanding Bicycle Boulevard Network i CAT Bus Transfer Facility Design & Construction Standards Deviations from Design Criteria Package a Permittinglir Project Risk & Mitigation QE+ GradyMinor - Supply Shortage QE's Technology k QE's Volumetric Concrete Trucks QE's Wirtgen SP25i Slipform Concrete Paver t''':::',,,,c,',: e:.,.‘;:•,, Project Safety Plan QE+ GradyMinor - The Local &Trusted Choice Phased Design & Construction Exhibits gyp,.. t/. 16,;„;,,,,t,,,:,,,,,,,,, k,, i.: 4„,,,,..,,:,,,,,,,,. Required Forms a k' S' k Preliminary Construction Plans s e N44 Page 1894 of 5419 as t HOLCOMBE a SECTION 1 4,,,,, i C MIXERS t ' Q AIIIIIIIIIIIIUIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIMIINIs• s e 1V.,4 0 ' ' lit,,,ccoe,,- amer . ley[° w.'TM e Ni, \, •' IS" * 4° 4+r 4 R 1- f SYL.,.: C\ " r Ilkik , ., .„„,, ,„ .ry,.; x^ w mart w Alev.,. 4F±. *` v`• i jiii)) kM Y,' xx+ i iH' r ij•• `V'.s` ix 1. 6,0* v. I to, G z. 4 ' ..' n}q.i. ro. "r'r i':4i".i, m(wi r°,#,'.r c.%" S YY mow.,•- ro a S r A..• @ es.1 .17 grjvt 4 1"°yj'' r at,.1 xR . ) * Pt "r a *"-"1 yL4F +fir r i , e Y 7.111/41: 4 ,,,ti iiev. ge..n i'i .:,, : !• '', ,74 tom'°1•„ 4, .„.?.'-''t . .'41 TRANSMITTAL LETTER & q, tttott N wEXEGUTIVE SUMMARY Page 1895 of 5419 NI TRANSMITTAL LETTER&EXECUTIVE SUMMARYaw.RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant 11 ,,gi ' r w:Si., a,,,, it y ;AVM i i S wwwl QU A L I TY Procurement Services Division Attn:Lisa Dien,Procurement Strategist Imo ENTERPRISES 3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112 J 02 SEPTEMBER 2021 DEAR MS. OIEN COMMITTEE TEAM MEMBERS, Quality Enterprises USA, Inc. (QE), in association with Q. GradyMinor & Associates, P.A. GradyMinor) is pleased to submit this Step 2 response to RFP No. 20-7811 for the Design-Build of Immokalee Area Improvements - TIGER Grant. The QE + GradyMinor team has received, reviewed, and understand the requirements of RFP No. 20-7811 - Step 2 and agree to be bound by these 1 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 under separate cover. QE+GradyMinor are an integrated team of experienced professionals who have a thorough understanding of Collier County's design and construction preferences, quality control practices, and community involvement. QE + GradyMinor have collaborated on 40+ projects in the local area, have assembled a i group of highly reputable, local companies with proven success to participate in this Design-Build r a` Z ,tt; Ill'- project, and have the unique ability to self-perform over 90%of the required work. 1„: Ar. -,,' il z Over the last 20years,f E has successfully completed the installation of:50+miles of concrete sidewalkse 6417, 20+ miles of multi use paths, and many miles of drainage ditches/swales. The company has 0, also constructed vertical buildings for various local government agencies, placed streetlights, and has Ouat>rr overseen the installation of many bus shelters for Collier Area Transit (CAT). QE self-performed all a projects, manyof which were grant funded. Additionally, QE's vast fleet of equipment includes six a N Volumetric Concrete Trucks and silos to provide onsite batching and a Wirtgen SP 25i MultifunctionalI Offset&Inset Slipform Concrete Paver for sidewalk installation. f ,.b * In preparation for this Step 2 response,QE+GradyMinor performed on-site utility investigations,mapped surveyed the area with QE's mdLiDAR 3000 Drone, created an MOT & Construction Phasing Plan, worked with QE's Safety Consultant to prepare a Project Safety Plan, and determined several areas in which the team can add value to the project for Collier County. QE+GradyMinor have also discussed the project with representatives from SFWMD and LCEC. More information on these efforts are provided throughout this Technical Proposal. QE+GradyMinor acknowledge receipt of Addendum 1 dated July 8,2021,Addendum 2 dated July 13,2021, Addendum 3 dated July 29, 2021, Addendum 4 dated August 4, 2021, Addendum 5 dated August 20, 2021, Addendum 6 dated August 24, 2021,Addendum 7 dated August 26, 2021, and Addendum 8 dated w August 31,2021 and have included the signed addenda at the end of Section 3: Technical Information. The Principal Contact for our team will be myself, Louis J. Gaudio, and my contact information is listed teogliallipu`' below.On behalf of the QE+GradyMinor Design-Build team, I thank you for the opportunity to 8mft2e1@Ip this project. Louis J.Gaudio l Vice President Igaudio@qeusa.com qeusa.com 3494 Shearwater St, Naples, FL 34114 239) 207-0660 ki .•.., a."' '7, A.,Page 1896 of 5419 TRANSMITTAL LETTER&EXECUTIVE SUMMARYrrr RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant I1 Poo QE + GRADYMINOR I A PROVEN & ESTABLISHED PARTNERSHIP The QE+GradyMinor team is highly qualified for the Immokalee Area Improvements-TIGER Grant Design- TOGETHER, QE+GRADYMINOR WILL: Build Project. QE+ GradyMinor_ha_vpcollabgrated on • Work closely with Collier County staff to identify AT A over 40+projects In the localsar.ea and have a vested and meet all project goals. interest in the success of this.project.The team is well established in Collier County and has over 92 years of • Provide industry proven,technical,construction G LAN C E management expertise. combined local experience.AS a.fesult of our in-house capabilities. local experience, and history of working • Use local resources to meet the County's together.QE+GradyMinor will provide Collier County desired schedule. with the most cost effective and successful design • Identify and mitigate risks to avoid delays and 2 5 and construction services. provide the most cost-effective solutions. QE + GradyMinor have assembled a group of highly * Comply with all Design Criteria and County reputable, local companies with proven success to Standards for roadway,utilities,and ROW. mi I I i o n participate in this Design-Build project. Working with • Prioritize public concerns to avoid impacts the team is Alta Planning+Design,Inc.who specialize to surrounding residents,areas,and the REVENUE FROM COLLIER in Complete Streets & Bike Boulevard Design and environment. COUNTY IN 2020 contributed to the Immokalee Complete Streets • Be available to Collier County at all times. Narrative,Cella Molnar&Associates,Inc. (CMA)who 70 will handle Public Information,Earth View, LLC who will provide Subsurface Utility Engineering (SUE) services, Forge Engineering, Inc. for Geotechnical Engineering, HLevel Architects for Design of the CAT Bus Transfer Facility,Passarella&Associates,Inc.for Environmental Consulting,and Trebilcock Consulting Solutions,PA for Million Street Lighting.There have be_e no changes made to the original team proposed in RFP No.20-7811_Step 1. QE is a versatile general contractor and will self-perform over 90%of this project,with the exception of lighting TOTAL REVENUE IN 2020 which will be subcontracted to a local company. This allows for flexibility in scheduling, adaptability to rapid project changes,and guarantees that a skilled workforce will be available throughout the entire project. QE's management team is efficiently structured and focused on strong communication and coordination. With 1 997 over 210 local employees and 350+pieces of modern heavy construction equipment QE has the resources of large competitors yet an attentive and responsive management structure characteristic of a small firm. FIRST PROJECT QE offers a unique advantage to this project...by producing and supplying its own concrete&aggregates,QE is IN FLORIDA NOT dependent on suppliers and can provide onsite batching.SWFL is experiencing a construction boom. With the vast amount of orders being placed and a limited supply of material&trucks,most concrete contractors are 2007 thrown off schedule.By supp.rina our own. we control our own schedule. QE recently acquired the 846 Mine, located 15-miles from the project site,where the company maintains a full-scale Mining Operation/Equipment Yard.This location will serve as the primary Equipment/Material Yard for this Design-Build Project. STARTED CONTRACT WITH COLLIER COUNTY UNDERSTANDING OF COLLIER COUNTY'S GOALS&OBJECTIVES SCHOOL BOARD& HELD EVERY YEAR SINCE The proposed improvements associated with the Immokalee Area Improvements-TIGER Grant Project will reshape and redefine the Immokalee Community.The lack of bicycle and pedestrian connectivity within Immokalee creates hazardous conditions for the residents who commute to their destination by walking,biking,and riding transit.In 2008 response,this project will improve connectivity throughout the community,allowing pedestrians and bicyclists to travel safely to their destination along dedicated facilities. STARTED COLLIER COUNTY The majority of the streets within the project area consist of a two-lane,two-way roadway within a 60-foot & 80-foot Right-of-Way(ROW). In the areas where sidewalks do not currently exist,worn footpaths confirm that UTILITY EMERGENCY pedestrians are currently using the grassed area adjacent to the paved roadway to commute to their destination. CONTRACT& HELD The improvements associated with this project will complete the sidewalk,bicycle,and transit network within EVERY YEAR SINCE the project area and include:approximately 20-miles of concrete sidewalks; 1-mile of shared-use path;20-miles of upgraded drainage/ditch and swales; 32 priority intersection enhancing treatments at priority intersections; enhanced bus stop amenities(including up to 22 bus shelters,35 benches,and 25 bike racks);construction of a Bus 201 9 Transfer Station at the Collier County Health Department;comprehensive lighting improvements including 5-miles of streetlights(providing up to 106 lit intersections);and 5-miles of a Bike Boulevard. STARTED COLLIER COUNTY QE+ GradyMinor provide a unique benefit to Collier County as the team has significant experience working ANNUAL AGREEMENT FOR together and have both completed projects in Immokalee,FL.This ensures that the project will be designed and WASTEWATER PUMP constructed effectively,providing positive improvements for decades to come.Additionally,.0radyMinor recently designed and successfully oversaw the construction of many local projects that involved redesigning existing STATION REPAIRS&corridors without facilities for vehicles,pedestrians,bicyclists,and transit. RENOVATIONS 2 Page 1897 of 5419 TRANSMITTAL LETTER&EXECUTIVE SUMMARY ailGLIB RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant WITH 92+YEARS OF COMBINED EXPERIENCE,QE+GRADYMINOR HAVE SUCCESSFULLY COMPLETED HUNDREDS OF PROJECTS IN COLLIER COUNTY, BOTH INDIVIDUALLY& COLLABORATIVELY,ALL ON TIME&ON BUDGET. DESIGN-BUILD DELIVERY PLAN QE+GradyMinor have successfully performed hundreds of projects for Collier County,including the recently completed Design-Build Logan Boulevard- Immokalee Road Forcemain Project and the Design-Build 1-75&Collier Boulevard Utility Relocation Project which will be completed in September 2021. With key players from QE+GradyMinor and Collier County involved on many of the same projects,a strong relationship has been formed and the QE+ GradyMinor team is aware of the County's high standards and expectations for local work.OE+GradyMinor have put a significant amounLQl_planning..into this project and the team's understanding of local conditions will expedite movement through all phases QE's role as the Construction Contractor includes self-performing construction survey,erosion control,excavation&earthwork,concrete sidewalks/driveways&asphalt multi-use path construction,drainage piping, ditches, swales,bus shelter installation, vertical construction,MOT and restoration efforts. Matthew A.Casey,QE's Construction Project Manager, will coordinate all submittals,RFI's,and payment requisitions with Collier County,and will confirm that all work is in compliance with plans,specifications, and permit regulations.GradyMinor will be instrumental in the project design and will provide survey,permitting,construction administration,and limited Construction Engineering Inspection(CEI)services. QE + GradyMinor have a firm understanding of the requirements detailed in the Minimum Technical Requirements (MTR) for the Immokalee Area Improvements-TIGER Grant Project.As detailed in Section I of the MTR,the submittals should be packaged in a way to allow adequate time for review,and no more than 25%of the project can be included in any one submittal.In response QE+GradyMinor have divided the Proj+ct into f.tit(4)smaller projects which will allow for standalone plan sets that w'll l g_pr yi +dto th#county for review. jltimatelvthe small+_r._plan ets vittlacili_tatn•pproval to_trpc.e.d withconstruction. The QE+GradyMinor team intends to design the smaller standalone projects one after the other such that the County would finish review of one phase submittal prior to receiving a phase submittal for the next smaller project. This will allow_the County to provide a_morestetailed reviewsiteach phase without overburd ring the CQunty with the entire project at once THE PHASED DESIGN APPROACH IS D TAILED BELOW. PROJECT PLAN OF APPROACH I PHASED DESIGN & CONSTRUCTION NOTE-FULL SIZE AREA PHASING EXHIBITS CAN BE FOUND IN SECTION 3:TECHNICAL INFORMATION ON PAGES NO.40-43. t AREA #1 I MULTI-USE TRAIL & E. DELAWARE • AREA #2 I NASSAU STREET. LEE STREET. & AVENUE SIDEWALK - NORTH 11TH STREET- Area #1 includes the streets with the proposed multi-use trail (School Area#2 includes the streets located in the central and western portions Drive &Stockade Road) as well as the sidewalk improvements along E. of the proposed project area. This includes sidewalk and lighting Delaware Street.The multi-use trails and the sidewalk along E. Delaware improvements along Nassau Street, Lee Street, N. 11'h Street, Santa Street are noncontiguous to the bulk of the proposed project area Rose Avenue,Orchid Avenue, Gladiola Street, Poinsettia Street, and the improvements. The limits of Area#1 make sense from both a design and western limits of Immokalee Drive&Roberts Avenue W. construction standpoint,as the residents in this area will only be affected by construction one time,at the beginning of the project FIGU A FIGURE NSEr i!pni: r a%// em '// ma/ i a /. . .'r,..7 CONTENDED..SEE iNSlT l . %%'. rF y"- NTI„NrU ED.::SEE INSET P G e. ‹" p v'r,rr.• ?ce: y., w - I 91wl /6l AREA E.. t AREA 2 LEOEno irt..lii.. ii.4. ..4F Standalone Projects Quantities Standalone Pr.'ects Quantities Area t i Area 2 Area 3 Area 4 Area 1 Area 2 Area 3 Area 4 1 Sidewalk(Miles) 0.20 Sidewalk(Miles) 3.40 A° WI,: FIGURE 4 Multi-Use Trail(Miles) 0.90 Multi-Use Trail(Miles) Roadside Swale(Miles) i 1.10 <i Roadside Swale(Miles) 3.40 Bike Boulevard(Miles)Bike Boulevard(Miles) r-. 3 Page 1898 of 5419 TRANSMITTAL LETTER&EXECUTIVE SUMMARY ill RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PROJECT PLAN OF APPROACH I PHASED DESIGN & CONSTRUCTION (CONT.) c AREA #3 j IMMOKALEE HIGH SCHOOL & • AREA #4 I MADISON AVENUE & JEFFERSON ALACHUA STREET EAST - AVENUE - Area#3 includes the streets located adjacent to Immokalee High School Area #4 includes the remaining streets which generally involve and Alachua Street,Jerome Drive,10th Street E.and Airport Access. The improvements along/in-between Madison Ave.and Jefferson Ave. QE+ construction of the CAT Bus Transfer Facility located at the corner of GradyMinor have decided to make this area the final area,as it will likely N. Pt Street and Immokalee Drive will also be included in Area #3. QE be the most challenging phase. By making this area the final phase, it GradyMinor intend to schedule Area #3 construction improvements will give the County and QE+GradyMinor the necessary time to work during the summer in an effort to lessen the impact to the area around through potential design adjustment in earlier phases,before reaching the High School.Alachua Street E.and the streets to the east provide a this final and largest phase.Area#4 will be broken into Sub-Areas for the suitable tie-in location for Area#4,which is the largest phase.County's review to ensure no more than 25%of the project is included in any one submittal to the County. FIGS NSETA FIGUR w1 N ' 1 , NEST Xf r r!j ti'va 7 4:7,,f,,,,,,,,,;;„,,.... , 7_7-7- T Nu !Imlay -N.. -• r74:404" toNTENUED..SEE INSET AREA j CONTINUE.D.:.SEE INSET M.. AREA J M. .tv uaExor.. 4 '' 1.. u....... w..u.ux.... ............. ...n......... • ..M-v Igtu...n.... I..,r:u."x.. r....o..... 116 uD . Standalone Projects Quantities Standalone Projects Quantities Area I Area 2 Area 3 ( Area 4 Area 1 Area 2 Area 3 Area 4 Sidewalk(Miles) i 2.90 Sidewalk(Miles) 13.70 1 Multi-Use Trail(Mies) Multi•Use Trail(Mies) I Roadside Swale(Miles)2.90 Roadside Swale(Miles) 13.70 Bike Boulevard(Miles)Bike Boulevard(Miles) 4.50 FIGURE 1 ., 1. FIGURE i PROJECT PLAN OF APPROACH I SIDEWALK, MULTI-USE TRAIL, ROADWAY SIDEWALK, MULTI-USE PATH, ROADWAY - QrgdyJMinor's recent.loyal experience inclu4esit elign of over 84,000 LF of new sidewalk within existing Collier&Lee_County's_ROWs..__GradyMirror was.also a key team member for the designQt7tu.lte..4f multi-use trail for the City of Capc_Cgral for their Shared_V NgmmQtojiy d_(SUNI rail Project whicbis currently under construction. The roadways within the project limits generally include two-lane,two-way roadways with 60-feet or 80-feet wide ROWs with roadside swales on both sides of the roadways. GradyMinor will perform a detailed survey along the streets to ensure that the proposed improvements maintain the existing capacity of the roadside swales while also ensuring that improvements are ADA compliant,including NOT exceeding maximum drop-offs resulting in the requirement of railing.The QE+GradyMinor team will supplement the survey obtained using traditional survey methods(2-man survey crews)with a mdLiDAR 3000 Drone Survey in an effort to expedite surveying such a vast area and to provide an extensive amount of topographic data.filling in the gaps from a traditional cross section survey approach.Although the team anticipates that certain areas will require railing,the goal is to provide a safe sidewalk and multi-use trail without the use of railing. Providing safe crossings for the proposed improvements will be essential. GradyMinor noted the crosswalks extending across:North 3rd Street, North 4th Street,North 5th Street,North 6th Street,North 7th Street and North 8th Street on the south side 2nd Avenue North are improperly marked for a crosswalk at an uncontrolled approach. GradyMinor's extensive experience will ensure all affected intersections will be striped and signed per the latest standard set forth by Collier County.the FOOT.and MUTCD. While this project extends over a large geographical area,paying attention to the small details will ensure that the pedestrians utilizing the proposed facilities will be safe. iCIN- ter/ 4 Page 1899 of 5419 rrr TRANSMITTAL LETTER&EXECUTIVE SUMMARYall1111RFPNo.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant DESIGN PLAN OF APPROACH I g UTILITIES - PERMITTING, DRAINAGE & UTILITIES The Immokalee Water&Sewer District provides potable water and wastewater service to the Immokalee Area Improvements TIGER Project area. Figures e PERMITTING - 1.9&1.10 depict the existing potable water and wastewater systems within QE + GradyMinor have provided expert services in SWFL for 35+ years the project area. QE+GradyMinor have performed multiple site visits and and have established an excellent rapport with staff at local regulatory noted multiple potential conflicts between the proposed improvements and agencies.The team's experience and understanding of local requirements existing above ground utilities (ie.fire hydrants& potable water meters.) and tendencies will be used to prepare detailed submittals and responses It will be important to relocate the above ground utilities outside the that contain appropriate information. This will help eliminate extensive roadside swales to avoid placing fire hydrants and meters in areas that will comments and questions by agencies. If selected.QE+ GradyMinor will be inundated with water.The proposed improvements associated with the schedule a meeting with SFWMD within the first week of receiving the project will be designed to minimize conflicts with existing utilities. Notice to Proceed(_NTP)to discuss the permitting aspects of the project in As part of the project's design, GradyMinor will coordinate with the etail To ensure that the meeting is productive,GradyMinor will separate Immokalee Water&Sewer District to determine the size,type,and location the project into multiple typical sections that will be utilized for the different of the existing utilities within the project area.Earth View,LLC will perform designs.The project encompasses a large geographical area;therefore QE subsurface utility locating as necessary to confirm the size, type, and GradyMinor propose to divide the project into four areas and permit each horizontal &vertical location of existing utilities. Additionally, early in the Sub-Project separately.design phase, GradyMinor will meet with the Immokalee Water & Sewer OE+GradyMinor held an informal Pre-Application meeting with SFWMD District to review the proposed improvements to determine if there are any on August 11.2021 and spoke to Jonathan Wadas:this meeting was used utility improvements that are desired that may be able to be completed in to confirm that separating the projects would be accepted and verified that conjunction with the Immokalee Area Improvements TIGER Project. the proposed improvements would be exempt. SFWMD stated that they QE + GradyMinor have reviewed the Immokalee Water & Sewer District ypically do not allow for projects to be separated into smaller projects due Capital Improvement Plan and noted one project WW-02 "Line 18" Clay to affecting the overall water quality and attenuation areas for the overall Pipe Sewers from N.18th&Roberts to WWTP(Piggyback onto Lee County large project;"however,they agreed that this project could be separated contract)" that may fall within the proposed project limits. The project into smaller areas as water quality and attenuation areas would likely not is budgeted for Fiscal year 2020-2021, so the improvements will likely be required as the projects would most likely be exempt.This approach will be completed prior to the start of the Project but it will be important to allow the team to begin construction on smaller,less complicated phases, coordinate any improvements between the two projects. while the larger phases are being permitted. a QE+GradyMinor have completed a large number of sidewalk and pathway FIGUREln projects in SWFL and are very familiar with Rule 62-330.051 which would a 4, allow the project to be exempt. t From the solicitation documents,the project is considered a Categorical Exclusion per National Environmental Policy Act(NEPA)regulations. Y i - f` •••• l s} 1 e. As required for all work within Collier County ROW, QE+GradyMinor t. will prepare and submit the required applications and support t• r • "• information for the necessary Collier County ROW Permits. The team 1` t +_._,. : proposes to submit separate ROW permit applications for each area. r It DRAINAGE - foo* QE+GradyMinor's drainage approach for the project will ensure that at a 1 1 minimum the capacity of the existing roadside swale system is maintained EXISTING WATER ssTEMLEGEND with the construction of the proposed improvements.With the addition of m j .,...,.. the sidewalk/multi-use trail,the swale will need to either be shifted or an underground storm culvert with a small swale will need to be constructed to Fay maintain the existing swale cross sectional area/capacity. FIGURgit The Immokalee Stormwater Improvement Program (ImmSIP) specifically references the Immokalee Area Improvements -TIGER Grant Project and o 410 notes that the roadside swale systems should be analyzed to ensure that b e i the swales convey stormwater to the appropriate outfalls. QE+GradyMinor will evaluate all of the swales within the project area to ensure that the proposed roadside swale improvements provide the greatest amount of s•d w. 9° lug capacity which will benefit the overall Immokalee Stormwater System. l • .- °, • ° e ' ym - r, QE+GradyMinor have reviewed the FY 2021-23 Immokalee Paving Plan 4" v e fT and will coordinate with County staff to phase the construction of cross j ° drains in an effort to ensure that open cuts are complete before the t° g °> it Z t ! paving of the streets are complete.This will ensure that open cuts for pipe A-4,„• a $ ¢ ,> :r"-11$' _tea... TEa Y TEM LEGEND construction,which could cause differential settlement,are not performed on newly paved roads.r r Page 1900 of 5419 TRANSMITTAL LETTER&EXECUTIVE SUMMARYQEN RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant DESIGN PLAN OF APPROACH I LIGHTING -._ TRAFFIC CONTROL, BIKE BOULEVARDS, Lighting is included to enhance the quality/safety of the pedestrian/bicycle LIGHTING/TRAFFIC CONTROL environment and consequently support a mode shift from vehicles to more sustainable modes of transportation. The 5-miles of proposed street lighting a CONSTRUCTION TRAFFIC CONTROL PLAN - and 106 proposed lighted intersections are located north and east of SR-29. QE + GradyMinor have reviewed the Design-Build Minimum Technical The proposed lighting system will consist of LED fixtures. Underground Requirements (MTR) and are aware of the lane closure restrictions stating and overhead utility conflicts will be identified and any special requirements that there will be NO LANE CLOSURES between the hours of 6 AM-9 AM and necessary for the lighting installation will be incorporated. For the continuous 4 PM -7 PM. Construction activities will also be coordinated to meet the street lighting,poles will typically be located along one side of the street to needs of special events.Special events include,but are not limited to:IHRA avoid conflicts such as overhead electric lines. Drag Races,Concerts at the Casino Hotel,sporting events and ceremonies at Lighting will be designed in accordance with the FDOT Design Manual(FDM); the area schools. Multiple professionals on the QE+GradyMinor team have FOOT Manual of Uniform Minimum Standards for Design,Construction and completed the FOOT Advanced MOT certification and will be responsible for Maintenance for Streets and Highways (Florida Greenbook); and Collier the development of the temporary traffic control plan. County requirements. Based on Table 6-2 of the Florida Greenbook, the Temporary traffic control for the improvements (sidewalk, multi-use trail, street lighting will be designed for 0.8 average horizontal foot candles and a drainage,lighting,etc.)will consider the nature of the work.Most of the work 4:1 or less average to minimum uniformity ratio. From FDM Table 231.2.1,a involves construction activity outside of the pavement so disruption to traffic 10:1 or less maximum to minimum uniformity ratio will be applied. will be localized to where the contractor is working-grading,concrete work, Intersection lighting will be designed to enhance crosswalk and pedestrian paving associated with the multi-use trail, installing cable and conduit and visibility for a safer pedestrian / bicycle environment. The intersection light poles.The traffic control plan will be in accordance with the FDOT Design lighting will be designed based on the same criteria as the street lighting, Manual and will utilize FDOT Standard Plans&MUTCD requirements. and poles will be located to avoid utility conflicts. Mid-block crosswalks will While many of the improvements will require MOT to be set up per FDOT be designed for a 2.3 foot-candle vertical illuminance for each approach. Standard Index 102-602"Two-Lane and Multilane,Work on Shoulder"(Figure Lighting for crosswalks crossing uncontrolled legs of intersections will be 1.11),there will be lane closures due to the addition of cross drains and when treated as mid-block crosswalks. the construction activities require a construction vehicle to be within the The Lee County Electric Cooperative(LCEC) is the franchise utility electric travel lane for an extended amount of time. provider in Immokalee. Thgproposed lighting systerns_wjtl be a combination Pedestrians will be accommodated in compliance with the Americans of Collier County Ighting systems and LCEC lighting.The lighting for the with Disabilities Act Standards for Transportation Facilities. The plan will CAT Transfer Facility will be a standalone Collier County system that will maintain existing or detour bicycle facilities throughout the project limits. either have its own service point or be tied-in to the electric panel for the Existing businesses in the work areas will be provided adequate entrances transfer facility. This proposal utilizes the cobra head fixture shown in the for vehicular and pedestrian traffic during business hours.concept plans for the transfer facility. As an Innovative Approach,.a .hoebox style fixture rather than the cobra heacHxt ire s._sgygs;osf_.14-bo_more FIGURE 1.11 1 harmonious with the lighting on the adjoining.sites. The continuous street lighting including associated intersection lighting Aa"10 9, will be standalone systems owned and operated by Collier County. Eachto a--• •«•1 street with lighting will have a service drop and control panel. The remainingfl intersection lighting will be LCEC lighting as is a common practice on such public streets. rt II1 A video conference was held on August 11. 2021. involving LCEC. QE_.. ti GradyMinor and Trebilcock Consulting Solutions (TCS) to discuss LCECnM 417A, 1 0 providing lighting at the intersections. LCEC separately provided information on the GE Evolve LED Roadway Lighting fixtures that LCEC utilizes. TCS WAYSHOULDERWORKLESSSSEDFROM4r1RFIVFI6Da will provide lighting plans, QE will be responsible for the installation of 4Nf7'H WORK ZONE SPEED OF S MPH OR LESS underground conduit,and LCEC will pull the wires and set poles and fixtures. BICYCLE BOULEVARDS - There would be an upfront cost for any poles that LCEC will need to set and Alta Is an expert in deslan/construction process of Bike Boulevards;bg a monthly charge for the light fixtures. Operation and maintenance of the company co=authore NACLO's Ur.ban_Bikeway Design Guide,prepared the intersection lighting will be by LCEC as part of the monthly charge. Electric Immokalee TIGER Grant .pplication. and has implemented hundreds of service will be overhead if an existing pole is used. miles of Bike Blvds.The grid network where the Bike Boulevard system is I* ACKNOWLEDGEMENT OF DB SCOPE proposed allows for an incremental installation approach,offering alternative routes during construction.Wayfinding signage&traffic calming treatments QE + GradyMinor have reviewed the "Detailed Scope of Work;' take no will be part of the system and MUTCD-approved signage and pavement exceptions, and will meet all required standards & schedules to deliver a markings, as well as branded treatments, will be applied. Attention will be successful project to Collier County.All design&construction for the project given to Bike Boulevard intersections/ crossings, particularly at locations will be held in compliance with County Utility ROW Standards/Ordinances where geometry will be improved to enhance visibility and safety (ie. New and FDOT Standards.QE+GradyMinor encourage input from the individuals Market Road at Broward Street,and Immokalee Drive at Escambia Street.)An that will own,operate,and maintain the system after its completion and the extensive plan is provided in Section 3:Technical Information, team will work diligently with Collier County to provide not only improvements that meet the intent of the project, but are also easy and inexpensive to maintain for decades to come. 6Page 1901 of 5419 TRANSMITTAL LETTER&EXECUTIVE SUMMARY INN RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant QUALITY CONTROL/ ASSURANCE THE PROJECT TEAM WILL CONDUCT A COMPREHENSIVE COMMUNITY AWARENESS PLAN DURING BOTH THE With extensive local design&construction experience,QE+GradyMinor DESIGN&CONSTRUCTION PHASES: are prepared to develop drawings and specifications that are in full , DESIGN compliance with the Design Criteria Package. Additionally, the team will provide a full time Quality Control Manager who will confirm that all To"kick-off"the project,a public information meeting will be held at materials/installations comply with Collier County&FDOT Standards. the 30%Plan Phase to solicit input from the Immokalee community. A second public meeting will be held between the 60% & 90% Plan MANAGEMENT OF CONSTRUCTION Phases to allow the public to provide comments on the updated IMPACTS TO SURROUNDING proposed improvements. A possible meeting venue is the Career COMMUNITIES Source near downtown. For the first public meeting,an introductory invitation newsletter in QE + GradyMinor understand the importance of coordinating with English/Spanish will be mailed to the surrounding community,elected adjacent property owners,residents,and businesses(key stakeholders) officials, and agency representatives. This newsletter will provide throughout the life of the project and are committed to completing the information on the toll free 24-hour "hotline" and website. A press project on time and with as little interruption as possible. Many of the release with detailed project information will be sent to all local media team members reside In Collier County and live-in close proximity to and additional information will be provided as requested.The meeting the project limits. During multiple.eite visits. OE+ GradyMinor noted will also be advertised in the Naples Daily News.A flyer will be provided a number otbomes with decorative headwalls,.mailboxes, and other as the invitation to the second public meeting and all advertising will features witthin the ROW that_wi l be impacted. These decorative be included.Flyers will be provided to all organizations listed above for feaatures are_important to each indwjdual homeowner and that is why the distribution to their respective communities and members. QE+GradyMinor team will make an ffort to meet with each property owneLtosj_Iscues-the improvements if necessary. t CONSTRUCTION - The team has taken into consideration the impacts that this project will A preconstruction public information meeting will allow for public have on the local residences and businesses during construction. QE+ review of plans and discussions with the project team including QE+ GradyMinor are aware of the vast amount of pedestrian traffic throughout GradyMinor and Collier County personnel.The proposed MOT will be the project site,specifically around the local schools.Although most of available to give the public an initial look at any future lane closures in the work will occur outside paved roadway areas,certified MOT Flaggers the vicinity of the many improvements being made. will be onsite daily to assist crews with equipment moves occurring on CMA staff will work with QE and County staff daily to provide the roadways, as well as during concrete pours when concrete trucks idle community with up-to-date MOT information and to ensure that the within a travel lane. These Flaggers will ensure safe movement for public are informed about all aspects of the project. This is usually vehicular and pedestrian traffic around the work zone. most successful through weekly email blasts to residents in the tff, PUBLIC OUTREACH CONCEPTS surrounding communities. CMA will attend the weekly construction meetings to ensure that Community awareness and communication will be critical to the upcoming activities are relayed to the public. CMA will have phonesuccessoftheImmokaleeAreaImprovements -TIGER Grant Project. contact with the project team at all times, allowing staff to resolve CMA conducted the Public Involvement Program for the SR-29 Project Development & Environment Study for FDOT over a ten-year period. issues immediately and inform the public via the media if unanticipated traffic or utility disruptions occur. Many techniques have been used During this program,CMA representatives developed relationships with in the past including project post cards,newsletters,point-of-contact local community members who assisted in reaching out to the general public.The bilingual community awareness campai,n will work with the cards, door-to-door flyers, a project website, variable message boards, local media, and one-on-one contact. In addition, CMA will following stakeholders to garner public awareness: be available to make presentations to homeowners'associations and Collier County Schools civic organizations to provide updates. Immokalee Community Redevelopment Agency(CRA) Florida Tradeport All team members and subcontractors will be required to carry point- Immokalee Chamber of Commerce of-contact cards that will be given to the public and the media in the Southwest Florida Hispanic Chamber of Commerce field directing them to contact CMA for information concerning the Coalition of Immokalee Workers project.Politically sensitive issues will be immediately brought to the Economic Development Council of Collier County attention of County staff. CareerSourceoflmmokalee IMPACT TO MAINTENACE OF Collier Area Transit(CAT) OPERATIONSMiccosukeeTribeofIndiansofFlorida(possibly) Seminole Tribe of Florida(possibly) QE+ GradyMinor will work closely with Collier County Transportation, Local Churches CCPS,and the surrounding communities/businesses to limit disruptions Many residents are reluctant to participate in government sponsored to the traveling public, pedestrians (walkers and bikers),and residents events but trust local organizations to provide information. CMA throughout the project.This will be accomplished by always providing will provide English/Spanish literature in newsletters and flyers and uninterrupted access to driveways and community entrances. have local organizations distribute the materials if preferred by the Additionally,utility shutdowns, if required,will be closely coordinated organization.GradyMinor is working with Immokalee CRA on pedestrian with the Immokalee Water&Sewer District to occur during low flow improvements along S. 1st Street and will utilize that relationship to demand times to minimize disruptions to local residents and businesses. ensure that the public outreach effort is efficient and effective. 7 A Page 1902 of 5419 rrr TRANSMITTAL LETTER&EXECUTIVE SUMMARY RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant NOISE & ODOR ABATEMENT INNOVATIVE APPROACH #2 I SAFETY The QE+ GradyMinor team does not anticipate noise or odor exceeding Providing a Bicycle Boulevard and Traffic Calming/Speed Management acceptable limits for this project. All noise levels will be maintained at throughout the project are a few safety innovations that will be utilized on or below the allowable Collier County ordinance limits. QE's Construction this project. The QE+GradyMinor team has included Alta on the team to Superintendent will also have a Decible Meter to monitor noise levels ensure that the latest national safety trends are instated with respect to throughout the project. pedestrians and bicyclists.Alta is an industry leading active transportation company who assisted with developing the national guidelines on Bicycle SITE SECURITY PLANS Boulevards.A traffic study will be performed along the limits of the Bicycle The QE + GradyMinor team prioritize site security. With QE's Material Boulevards to evaluate if Advisory Shoulders are applicable. If Advisory Yard/Mining_Operations 15-miles from the project site and plans to set Shoulders are applicable,then this would provide an extra layer of safety up an equipment&material yard in Immokalee.FL,mobilization,storage, for bicyclists along the Bicycle Boulevards. and maintenance costs will be reduced, Site access during construction INNOVATIVE APPROACH #3 I SAFETYwillbecontrolledandonlyauthorizedpersonnelwillbeallowedonsite. DETECTIONClearlyvisiblesignageforpermittedaccesswillbefurnished.Materials for construction will be distributed throughout the project as needed.Staging This Design-Build will implement a pilot study to automatically capture, areas will be secured with fencing and restored to existing conditions upon evaluate,and report safety-related issues after the project is constructed. project completion. The technology will be used to capture bicyclist/pedestrian interactions with motor vehicles and will help Collier County evaluate the proposed DEMOLITION & RESTORATION improvements after they are constructed. Any required pavement removal for storm drainage installation will bet. INNOVATIVE APPROACH #4 I GREENcompletedwithamillingmachine. Existing sidewalks and curbs that need COLORED PAVEMENT MARKINGStoberemovedwillbedonebysawcuttingintosectionsandremovedusing an excavator. To remain_envimnmenlally_c4nscience, QEwi1Lte yole Green-Colored Pavement Markings may be used to enhance the bicycle- materials removed during demolitio0,. Clearing and vegetation will be vehicular conflict areas within the project area. These areas may include chipped for mulch and compost, asphalt millings will be recycled in new portions of the Bicycle Boulevard,when the shared-use path crosses a side mixes, and all concrete will be crushed and recycled as stone bedding or street and other bicycle-vehicular conflict areas. base materials. Areas requiring restoration within existing walkways andt INNOVATIVE APPROACH #5 I UTILIZINGtravellaneswillbeprioritizedimmediatelyfollowingworkinthatarea. DRONE TECHNOLOGY R EXTENDED PROJECT WARRANTY & OE + GradyMinor will.e pand on the typical design survgyby_.itilizing DIRECT MATERIAL PURCHASE the latest drone technology to capture millorc of Qnts quickly oveithe entire project area. The points can be verified with actual survey data In addition to the standard one-year warranty typically provided on all to confirm the accuracy is within a tolerance to be able to utilize during Collier County projects,QE will extend the warranty on labor&materials the design phase of the project. During design, it is typical to interpolate for the Immokalee Area Improvements-TIGER Grant Design-Build project between two survey points to establish the existing grade of an area that by one year for a total of two years total warranty.This is beneficial for was not surveyed. The ability to pull actual elevations will confirm the the County and reinforces QE+GradyMinor's dedication&interest in this design is constructible for the entire limits of the project. Design-Build project. QE+ GradyMinor will also offer Collier County the option for direct material purchase,another cost savings benefit. a INNOVATIVE APPROACH #6 I PERVIOUS MULTI-USE PATH INNOVATIVE APPROACHES & ADDED Pervious material in lieu of typical asphalt is a great way to reduce nutrients VALUE TO DESIGN & DELIVERY in stormwater runoff as the majority of the stormwater flows through the INNOVATIVE APPROACH #1 DRAINAGE trail. The QE+GradyMinor team is familiar with recent techniques utilized in Southwest Florida and more specifically the City of Naples. Figure 1.12 Per the ImmSIP, Lake Trafford is currently listed as an impaired water details a recently constructed 8'wide pervious asphalt pathway connecting body by the State of Florida.The project areas that include multi-use trails 12th Street to 3rd Avenue North. Compacted open graded asphalt placed along School Drive and Stockade Road will require the construction of an over No. 57 and No. 2 stone allows for stormwater to percolate through underground drainage system due to the limited ROW.QE+GradyMinor have the trail. reviewed the geotechnical report as it relates to the estimated seasonal z ay. • FI",1't high-water table (SHWT)within the multi-use trail areas to determine the feasibility of an exfiltration trench.The SHWT appears to be between 1 to r 1t .re« A 3 feet from natural grade which would likely be too high for an exfiltration t - q= , a . trench.Providing nutrient removal to help alleviate an impaired water body is important for water quality; therefore the QE+ GradyMinor team will perform additional soil investigation to confirm the SHWT.If the additional soil investigation provides different results,QE GradyMinor will provide agPY cost benefit analysis for the addition of an exfiltration trench. S.: mo Page 1903 of 5419 1%5'5'§ x SECTION 2 ..F .'is,O.':'!:':::;:'; 17; 1. 3:!:('''7'i.'. e y k .. on QE's many e Aggrert.. Yards. Pictured QE is will eprovideof its own in-hous concrete and of R` materials on this Design-Build Project. T g ' `7' , eiv,,,,,,,,,,,:::,,,,, „':-,:i.,:. , ,41(:',.:;:::,., ', it7'''''' ire C 1. SSA •.. f :f' 'x y"' .: f . t ` a t ` yM te , . ' 'i' —'::4,', ."":::::,.'` ' 'f:' .'''''' 7,...,,tt: ' f4,,,,,,,J.:,,.,,,, ,., , ,, ,„2, , .1 i ,./m,„..„„7,.., ..,. . , ,i,4 1,„ i . 7 e mecso' ti Y'g 1 1...... -1 f ri 4— 77. -7`y PROJECT TEAM APPROAC Page 1904 of 5419 PROJECT TEAM APPROACH RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PROJECT TEAM APPROACH The QE+GradyMinor team is the local,trusted,and reputable choice for this 5000 Design-Build project. QE+GradyMinor's past experience on Design-Build projects allows the team the ability to fast track construction as the design a lona sprogresses. By dividing the project into four smaller sections,the County can provide a more detailed review of each phase. An illustration of the Phasing Plan is provided in Section 3 of this Technical Proposal. F I i t• QE+GradyMinor will immediately focus on survey,permitting,and design a° D to allow construction to start as quickly as possible.The team has already held an informal Pre-Application meeting with SFWMD and feel confident r 466, 4 dam - that permits will be expedited. The County can trust QE+GradyMinor to e deliver a timely, cost-effective, and high-quality solution that exceeds o... " r . r standards based on the team's proven local performance. QE+GRADYMINORS'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. QE + GRADYMINOR I TEAM OVERVIEW WHY QE + GRADYMINOR QUALITY ENTERPRISES USA. INC - Proven record of successfully completing Design-Build QE is a leading construction firm based in Southwest Florida that focuses projects on time and within budget. on major civil, building,and specialized construction in both the private and public sectors. QE has worked in Collier County since 2002 on a variety of • OE owns six Volumetric Concrete Trucks and Material Silos. infrastructure projects and has a dynamic knowledge and understanding of reducing the need to rely on suppliers for the project. local construction and regulatory conditions.With the ability to self-perform • The QE+GradyMinor team has the necessary experience and the majority of each project, QE maintains job site control and has never knowledge to fast track Design-Build Projects.On a recent been assessed liquidated damages for project delays.QE is a member of the Design-Build project for Collier County,QE+GradyMinor were National Asphalt Pavement Association(NAPA)and was also recently ranked successful in permitting a project involving Collier County 213_o_n Inc. Magazine _list of thetas est-crowing Florida-based private ROW,SFWMD ROW,and Dewatering within 30 days of the NTP, companies,representing a two-year revenue growth rate of 50%. and then mobilized and started work within 40 days of the NTP.This is unprecedented for a Design-Build project. 0. GRADYMINOR & ASSOCIATES, P. A. - Extended Project Warranty&Direct Material Purchase. Established in 1981, Q. GradyMinor & Associates, P.A. (GradyMinor) has • Knowledge of local seasonal traffic and wet season weather. provided expert Civil Consulting Services to a wide array of public and • Self-performance of major items of work. private clients throughout SWFL.GradyMinor is a local industry leader in Civil Engineering&Land Development and is fully licensed and insured.GradyMinor • Past Experience with Collier County Transportation,Collier is pre-qualified through FDOT in seven(7)different work groups,GradyMinor County Public Schools&Collier County Utilities. has successfully completed projects of varying size and scope ranging from • QE+GradyMinor is a truly integrated team with a genuine, small sidewalk improvements to complete streets, multimodal roadway collaborative philosophy.The team integrates the two prime improvements and the design and construction of new alignment roadways;as roles of Designer and Builder and supports collaboration and well as small utility relocation projects to complete water/wastewater systems; high performing team concepts. and small site improvements to large master planned communities. 01 ALTA PLANNING + DESIGN, INC. - C TREBILCOCK CONSULTING SOLUTIONS, PA - Alta Planning+Design(Alta)is a leader in helping communities develop Bicycle Trebilcock Consulting Solutions,PA(TCS)specializes in transportation Boulevard corridors and neighborhood greenways on lower-volume residential engineering and roadway design services. TCS coordinates with local, and collector streets.These facilities prioritize non-motorized travel through state, and federal regulatory permitting agencies and has built strong traffic calming treatments, intersection safety enhancements, wayfinding relationships with local offices. TCS is prequalified by FDOT in several signage,and specialized markings.Alta has developed multiple guidelines and key work groups, is a certified Small Business Enterprise (SBE) with standard documentation on bikeway design,and Bike Boulevards specifically, both FDOT and the SFWMD,can offer FDOT Advanced Work Zone Traffic including the NACTO Urban Bikeway Design Guide, FHWA's Small Town and Control, and is also a Veteran-Owned business. From the permitting Rural Design Guide,and NACTO's Don't Give Up at the Intersection Guide.process, through traffic studies and signalization plans, to detailed lighting and roadway design,TCS is qualifed to enhance a community's transportation needs. C/0' 9 Page 1905 of 5419 0 lit1 am ao Ai a p ar ' E 0 F..,a o N 2 C, Cc IC.L 2 c U in y o a c .0 oo Z(,) W? I. a) r of 747. 0 a u U ap W SV W GI Fe- c; ca.. W 47, CIJ u. tr rpn q a m L.,. s', cry I vc: CZ co clam U N c. u C7C m a c CTo 'ea' eMC. d v»=is 0 0 ao Wi0 N O V c, ow a CC a dNNa(4 a z eM C 09 III &W to i'7+0 a, c " '. eCD"I CO a a.) o f 0 w o v Q o CO F- s m a Y a O % c a Ce (1) m I ui a co a. a w 4Qcc 0E-o cW NW a cc 5 c 1. V W d 20o, La Z ro la. ro `oa a' Or a7 sas m ey z cn 3 m eL s Z Q N 0N 0 € v x o 4:E Z 4 v c J D c m S a ci -j ce v_ ti V w o aO Q G eac J w v a: W N c C 1G Vk ' U N Q 5 aJ u 11 0W Page 1906 of 5419 PROJECT TEAM APPROACHGIL=RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant tk PROJECT MANAGEMENT The Immokalee Area Improvements-TIGER Grant Design-Build Project will require significant coordination between QE+GradyMinor and Collier County. In response,the QE+GradyMinor management team is efficiently structured and is focused on strong communication,coordination,and decision making.QE has numerous equipment/material yards and offices throughout Collier County,with the closest being 15-miles to the Immokalee TIGER Grant project site.QE recently acquired the 846 Mine-in addition to giving QE+GradyMinor a base of operations,this also gives the team control over materials,aggregates,and select fill.With guaranteed materials less than 15 miles away.Collier County can be i assured that this project will remain on schedule.If awarded the contract,the team will also set up a secondary Equipment/Material Yard in close proximity to project limits in Immokalee,FL. i i\ tl tic-4' - 17QE will self-perform 90%of this Design-Build project and GradyMinor will oversee 4.4° ' ,„:,..,-; N' s„ „. ,..... „ t, temailait all design and engineering aspects for sidewalk&drainage, pathways,and utility y, : relocations.QE's experienced drainage/utility,concrete,and asphalt paving crews r . ' ate' a ,.it will self-perform the majority of the project(specific items are listed on Page 3 of i ilk. this Technical Proposal.)It is important for Collier County to know that throughout a the years,QE has successfully completed all their roadway,sidewalk,and drainage projects and self-performed over 90 i of the work on t ,• P every project.Similar to RFP No.20-7811,these projects have included:MOT,phased construction,sidewalks, multi-use paths,drainage/ditches and swales,bus shelters.and streetlighting QE has taken the necessary steps to create an unparalleled,state of the art equipment fleet and maintains a premier management and support staff to ensure that all projects are performed to the highest degree. A step ahead,QE will utilize the industry leading construction ERP solution,Vista by Viewpoint, to help manage this Design-Build project. A multi-faceted cloud-based t construction suite,this state-of-the-art technology program provides a direct line of - tr„ ..;Q, 4 4• FAQ a 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, I'i F a Procurement Register will be created to record all purchased goods and services. ----~- - % s Technology plays an integral role in QE's operations,as many machines are equipped V. 44.”..* with GPS, site positioning systems for machine grading, and 3D-Technology. The y d t.t.yi.'. company has also invested in Trimble Sitework Technology which allows millimeter Ae accuracy with fewer passes and no manual staking. All mid to large excavators are f equipped with CAT Pin Grabber Coupler System which increases machine performance, _ versatility,and jobsite safety. Collectively,these resources reduce project risk from ism,"x the County's perspective. CONSTRUCTION RESOURCES QE 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 210 local employees and 350+pieces of modern heavy construction equipment,QE+GradyMinor have the resources of large competitors but an attentive&responsive management structure characteristic of a small firm. The Following Graphs Demonstrate QE's Growth from 2018 - Present: Number of Employees New Equipment+Vehicles Purchased Number of Jobs 2016 2017 +a v\::, 4 ' 3,156,383 167 2018 Present 260 30,189,273 1 426 PROJECT MEETINGS I APPROACH s Kickoff meeting before project start to review project objectives/initiate coordination with County Staff, Seminole Tribe, Immokalee Water & QE's Corporate Office/Equipment Yard,and GradyMinor's office,are local in Sewer,LCEC,and other affected parties. Collier County and close to the project site;therefore,meetings between QE g Design review meetings at 60%,90%,and 100%plans to field questions. GradyMinor and Collier County can be held at either location and followed ,r Biweekly project progress meetings, with additional meetings as by site visits if desired. necessary,to coordinate with suppliers,regulatory agencies,etc. QE+GRADYMINOR PROPOSE THE FOLLOWING MEETING t Formal public meetings will be held at 30%, after 60%, and prior to APPROACH FOR THIS DESIGN-BUILD PROJECT: construction.The QE+GradyMinor team is committed to meeting with the public as necessary to inform residents, area businesses, local schools,and other community members etc.of upcoming activi es. Page 1907 of 5419 C17-PROJECT TEAM APPROACH RFP No.20-7811 -Step 2, Immokalee Area Improvements TIGER Grant DESIGN-BUILD MANAGEMENT TEAM & STAFFING This Design-Build project will require significant coordination between QE+GradyMinor and Collier County.QE+GradyMinor'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.N. changgs_have been made to QE+GradyM_inor's Key Prsonn.ei firm RFP No.20-7811 -Step 1._ Matt A.Casey, QE+GradyMinor's Construction Project Manager, will be available to Collier County and will guide construction operations. Matt will work under the leadership of Louis J.Gaudio,QE's Vice President. Matt will be supported by a qualified and experienced administrative staff and will work closely with GradyMinor, specifically Daniel Flynn, Design Project Manager,throughout this project. QE+GradyMinor's management staff will remain hands-on to identify opportunities,address challenges,and to mitigate risks.QE ensures that Eric Blair,the Project's Superintendent,will always, remain on-site with the construction crews and that FIGU ' regular site visits will be performed by other lead I ° Preconsfruction Construction staff throughout the process. Howard J.Murrell III, QE's Construction Technology Manager, will also N Louis J.Gaudio Y 4 k.' 50% W vice Fruition! Matthew A.Casey be on site regularly, as he is responsible for the installation, implementation,teaching, and training J Conatruct,on Project Monger A 80x of new control systems in all equipment. Eric Blair, i ad ' Cons[rucnwt SuE ric Blair x >- 100% yyZ FIGURE 2.1 SHOWS THE TEAM'S Howard Murrell III t00% Conataieaon technology Manger a a . .. COMMITMENT TO THIS DESIGN- Margarita Negron 80% BUILD PROJECT. 11111 Menngar of Heafrb 6 Sofaty o , ' Ise Cameras 80% Project AdmIntotrotor/EEO CamP9lanre DHleer ;,eta\ Daniel Flynn,PE.PTOE sox QE'S MANAGEMENT TEAM IS Dasign Prefect Manager EFFICIENTLY STRUCTURED Frank Feeney,P.E.1 60% C Quality%oaancel Quality Control AND IS FOCUSED ON JustfnFrederiksen,P.E. aa%. 50% STRONG COMMUNICATION UtryDacdnaton COORDINATION, AND DECISION Alex Dunko,P.E. 70% 50% Projoc:Engineer MAKING. WITH A MULT- 7; Alfsson Holland,PE. sox GENERATIONAL LEADERSHIPC.n Project Eopineer a . TEAM EQUIPPED WITH CUTTING- RichardChalupa,RLA so% sox EDGE TECHNOLOGY, QE IS PAVINGtandxapeArcbltet: Rick Featherstone,G.C. 40% ,< sex THE WAY FOR THE FUTURE OF Censtmctbn napector INFRASTRUCTURE:' Donald Saintenoy,PSM y0% CEl Protect Manager KEY PERSONNEL COMMITMENT & TEAM AVAILABILITY During the Committee's review of RFP No.20-7811 -Step 1,a concern was raised about QE's project back-log and the company's ability to successfully perform this project.We.take exception to this concern.as QE's work schedule will NOT negatively affect thl fro a t. QE recently completed Collier County's Logan Boulevard-Immokalee Road Forcemain Design-Build project ahead of schedule,and is set to complete the County's Design-Build 1-75 Utility project in September 2021.QE's Design-Build Veterans Memorial Boulevard project is currently 50%complete with final completion targeted for summer of 2022(approximately 1-year ahead of schedule).With the completion of these projects,QE has ample resources,including equipment and crews,to successfully complete the Immokalee Area Improvements-TIGER Grant project within the specified time frame. It should also be noted that QE's Design-Build Whippoorwill project is scheduled to commence field construction in November 2021 with final completion anticipated for June 2022.However.the Design 8wild Veterans and Design Build Whippoorwill projects will have no impactthe start of construction for the Immokalee Area Improvements-TIGER Grantpr.ject. With QE's ability to self-perform over 90%of each project,subcontractor use is limited,and the company is able to maintain full control of project schedules.This ultimately reduces project delays and allows QE to make changes/shifts in the work when necessary.QE has offices,personnel,and crews in Virginia, South Carolina, and Texas;should the need arise, QE is prepared to mobilize resources from those locations to ensure that the Immokalee TIGER Grant project is completed on time and within budget. QE's ability to manufacture concrete on site,along with a dedicated fleet of Volumetric Concrete Trucks,advanced equipment(i.e. the mdLIDAR 3000 Drone& Wirtgen SP 25i Multifunctional Offset&Inset S ipform Concrete Paver,) and capacity to self-perform over 90%o.f the required work on this project,sets the QE+Grady Minor team apart a a ensures Collier County that the project will be completed on time,within budget,and at high levels of quality. 41:1 12 t Page 1908 of 5419 PROJECT TEAM APPROACHGI. RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant KEY RESOURCES CATEGORY QTY.CATEGORY*, QTY o ' As one of the largest local heavy Broom Tractors Loaders 30 civil contractors,QE is prepared for the Immokalee Area Improvements Crawler Cranes 2 Milling Machine 2 1( TIGER Grant Design-Build Project. Crushing&Screening Equipment 12 Articulated Truck 7 With over 210 local employees, including drainage/utility,concrete, Dozers 4 Asphalt Pavers 3 asphalt paving and restoration crews,Dump Trucks 14 Rollers 14 the company has a large&skilled Epi Rock Drum Cutter 3 Volumetric Concrete Trucks 6 workforce and is proud to celebrate 52 years of service.QE is knowledgeable Excavators 50 Skid Steer 4 of local conditions,has the capacity Excavators with Hammers 4 Sheet Pile Vibratory Hammer 2 to bond this project,can acquire Fusing Machine 4 Trailers 38 materials in a timely fashion,and will provide machinery from the company's Graders 4 Tractors 5 350+piece heavy equipment fleet. Horizontal Directional Drilling Rigs 4 VAC Truck,Tankers,Mud Reclaimer 9 Lowboys 6 QE Mechanics&Lube Trucks 7 R+`t'Mt4.4+WfJt+S 4i4fttt4StMIt4+tH tii It•ttttttRt tttt pt d IA 1!44!!R4!tR6t 414*ARf I!t11tt 11tti 1t1t t Sit 1 tilt k. LOCATION The QE+GradyMinor team is the local choice for this Design-Build project.QE's closest Equipment Yard/Mining Operation is 15-miles from the project site and GradyMinor's office is 35-miles from the project site. The team is also prepared to set up an Equipment/ Material Yard near the project site which will not only reduce mobilization and transport costs,but also ensures Collier County that the required materials will be available and ready for use on this Design-Build project. QE'S RECENTLY ACQUIRED EQUIPMENT YARD/MINING OPERATIONS IS 15-MILES FROM THE PROJECT SITE.THIS GIVES QE+GRADYMINOR COMPLETE CONTROL OVER MATERIALS,AGGREGATES,AND SELECT FILL ON THIS DESIGN-BUILD, SETTING THE TEAM APART FROM ALL COMPETITORS.WITH GUARANTEED MATERIALS LESS THAN 15 MILES AWAY. COLLIER COUNTY CAN BE ASSURED THAT THIS PROJECT WILL REMAIN ON SCHEDULE AND WITHIN BUDGET. When it comes to managing day-to-day conditions and on-site information collection, QE + GradyMinor is in the unique position of being located a short distance from the project site.QE+GradyMinor are aware that Collier County owns a piece of property on Glades St. &Washington Ave. which may also be considered for the lay down area.Additionally, QE's Construction Superintendent,who is in constant communication with the Construction Project Manager and office personnel,will be on-site daily. The QE+ GradyMinor team maintains strong relationships with the County and regulatory agencies, is familiar with vendor pricing and availability,and commits to staffing this project with local personnel.A map has been provided to show the distance between the project site and QE+GradyMinor's office and/or Material/Equipment Yard locations. 1 QE'S EQUIPMENT YARD/ 1 N MINING OPERATIONS T r n,,,,,,,,, 16000 Immokalee Road 4 FL t ApprNaplesoximately3412031Miles from the Project Site t,reci+tlmor ` QE'S CORPORATE HEADQUARTERS 1 QC Mining tRt M 3494 Shearwater Street 11.aP„ .>, Naples, FL 34117 Approximately 31 Miles from the Project Site 1 Q. GRADYMINOR & ASSOCIATES Q 3800 Via Del Rey Bonita Springs, FL 343134 Approximately 35 Miles from the Project Site a,, 13 Page 1909 of 5419 Gas PROJECT TEAM APPROACH RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant QE + GRADYMINOR I DB EXPERIENCE - OE+GradyMinor are experienced with Design-Build projects and recognize that this process can provide the quickest delivery system for Collier County when the team is collaborative and accomplished.QE+GradyMinor are qualified for this Design-Build project and commit to completing the work within the County's allotted time frame.On a recent Collier County Design-Build project,QE+GradyMinor worked behind the scenes on design items before the NTP was provided.This work was completed at QE+GradyMinor's own risk,but the team felt that the reward of time out-weighed the risk.If awarded the contract,QE GradyMinor are prepared to do the same on this Design-Build project to ensure that all aspects are completed on time,within budget,and at high levels of quality..The QE+GradyMinor team have 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 traveling public,pedestrian traffic,and other community members. PROJECT SCHEDULE - AREA#4 1 MADISON AVE. & JEFFERSON AVE. - QE+GradyMinor have developed a schedule that will expedite the start of With a large amount of work in Area IV,design will be broken into multiple construction and ensures that the project is completed within the required areas to assist the County's review and QE will double crews to complete work duration of (740) days to substantial completion, and (800) days to final within the specified contract time frame. Anticipated to start mid February completion. The team proposes to divide the project into four major areas 2023 and completed by mid March of 2024,the work in Area IV will include plus the CAT Bus Transfer Facility. Design & permitting will start with the drainage piping/culvert installation, swale construction, the installation of smallest of the areas to expedite review and begin construction within 7 conduit&lighting,utility relocations, sidewalks/driveway installation,speed months.IHE CONSTRUCTION AREAS ARE AS FOLLOW:humps,bus shelters,sodding and line striping. QE will utilize ten(10)crews to AREA#1 J M U LT I U S E TRAIL 0 N STOCKADE & accomplish the work in this area by working in multiple locations at the same SCHOOL DR. & E. DE ARE AVE. SIDEWALKS time. Two (2) clearing/grubbing crews will begin with removal of existing vegetation and/or sod,followed by a two(2)utility crews to relocate utilities as Work in Area I is anticipated to begin end of September 2022 and completed necessary and install drainage piping/culverts,and two(2)earthwork/grading by the end of December 2022. Expected to be the shortest of all areas,the crews to bring all subgrades to proper elevations for sidewalks and swales. work will involve the installation of sidewalks on E.Delaware and a Multi Use QE's two(2)concrete crews will then follow to place concrete sidewalks and Trail on Stockade and School Drive. QE will utilize five(5)crews to accomplish driveways and install bus shelters, followed by two (2) restoration crews work in this area. A clearing/grubbing crew will begin with removal of existing to place sod and speed humps. QE will utilize subcontractors for lighting vegetation and/or sod, followed by an earthwork/grading crew to bring all installation and crosswalk striping and signage. subgrades to proper elevations. QE's concrete crew will then follow to place CAT TRANSFER FACILITY - concrete sidewalks and driveways,while QE's paving crew places asphalt for the multi-use trail. QE's concrete crews will then assemble and set bus stop Construction of the CAT Transfer Bus Facility will commence upon receival shelters,followed by a restoration crew to place sod. of a building permit expected by early April 2023 and completed by end of August 2023. QE will oversee construction of the facility as the General 4' AREA#2 I NASSUA ST.. LEE ST. & 1 1 TH ST. - Contractor and will self perform all civil site work. Subcontractors will Work in this area is anticipated to begin early November 2022 and be be utilized for building construction to include but not limited to masonry, completed by mid July 2023.The work in Area II will involve the installation roofing, MEP (mechanical, electrical and plumbing) trades, tile, painting, of drainage piping and culverts,conduit&lighting,possible utility relocations, doors,windows,fixtures and walkway canopy. sidewalks/driveway installation,sodding and line striping. QE will utilize five 5)crews to accomplish the work in this Area. A clearing/grubbing crew will CRITICAL PATH METHOD - begin with the removal of existing vegetation and/or sod,followed by a utility THE PROJECT SCHEDULE CRITICAL PATH IS crew to install drainage piping/culverts and relocate utilities as necessary.An PERMITTING&AREA#4 WORK. earthwork/grading crew will bring all subgrades to proper elevations. QE's concrete crew will then follow to place concrete sidewalks and driveways, To comply with the project schedule,QE+GradyMinor will expedite design followed by a restoration crew to place sod. QE will utilize subcontractors for and permitting. QE performed a topographic survey of Area #1 with their lighting installation and crosswalk striping&signage. mdLiDAR 3000 Drone; the information, which included all required survey data,was provided to GradyMinor.Additionally,an informal Pre-Application AREA#3 J 1 M M 0 KA L E E HIGH SCHOOL & meeting was held with SFWMD to discuss the project at length and determine ALACHUA ST. - the best solutions to provide a comprehensive package for review of each Work in this area is anticipated to begin early of December 2022 and be area to obtain quick approvals. These steps have allowed QE+GradyMinor completed by early September 2023. The work in Area III will involve the to assemble a set of 30%plans,putting the team in a position to go directly installation of conduit & lighting, possible utility relocations, sidewalks/ to 60%plans upon NIP.THIS WILL SAVE SEVERAL MONTHS OF WORK. driveway installation, speed humps, bus shelters, sodding and line striping. Construction for each phase will be handled so that multiple crews are QE will utilize five(5)crews to accomplish the work in this Area. A clearing/ available to work on site,allowing for overlap of work activities. For example, grubbing crew will begin with removal of existing vegetation and/or sod, a clearing/grubbing crew will begin work to remove existing vegetation/sod, followed by a utility crew to relocate utilities as necessary. An earthwork/ followed by a drainage or grading crew,etc. These crews will be followed by grading crew will then bring all subgrades to proper elevations for sidewalks a concrete placing crew. With the use of QE's Wirtgen SP25i Concrete Slip and swales. QE's concrete crew will then follow to place concrete sidewalks Form Concrete Paver, forming sidewalks will be virtually eliminated. This and driveways and install bus shelters,followed by a restoration crew to place will save a significant amount of time,This assembly line of work will allow sod and speed humps.QE will utilize subcontractors for lighting installation, for work to occur on different roadways within an Area. Upon completion of crosswalk striping&signage. sidewalks and driveways in each phase,a restoration crew will place sod so that use of sidewalks can take place immediately and in a safe manner with no drop-offs or debris. 1110 14 Page 1910 of 5419 In MC V 10 i 1QCD IX Lat 2 y Q al I- a! 0 0 0 O zz p go o a O. Q ar r- 73 E 1, N' 1 7 I- N.00 0 N eo o m e oCoo e 1., r o Z Vo oC _O E 1a b-fir- e e e EE ,ii n. o o o - f O o e o, ). a Eo M a , o m o e q Fe-0'r i e e co o a) a LLLL o• Y ' N - E E . O m E o. E a 1 O . 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F ' NN '2 N NF, NN Page 1916 of 5419 a F E j 3 1 Aft t QUd.Lt 1 k M' t w''• mrq 3 3 " x § 'a r US AgSOOT1023103 . , a rf n All\ 8 r yp t 9d''v 1 T 1,,.. 4",,,..4, iikv417,,, N nAd k c "` a .... a".' r x"*A y Any 4., i ,.:,., ',./:.; lit,/ x 74rotaa ' , A s r r ti°}' r i TECHNICAL INFORMATION Page 1917 of 5419 ram TECHNICAL INFORMATION EM III RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant UNDERSTANDING OF PROJECT BACKGROUND, HISTORY & CURRENT CONDITIONS The Immokalee community is an unincorporated area surrounded by agricultural lands in rural Collier County, Florida. The town's small size and centralized downtown roadways make it conducive to commuting by walking,public transit,or cycling. The proposed improvements associated with the Immokalee Area Improvements —Tiger(Transportation Investment Generating Economic Recover)Grant project will reshape and redefine the Immokalee Community. The project is designed to improve access to reliable,safe,and affordable transportation for this rural community,improve Infrastructure conditions, address public health and safety, promote regional connectivity, and facilitate economic growth and competitiveness. As stated in the Immokalee Complete Streets report,according to the 2010 Census,it has a population of 24,154 and median household income of$25,725(in 2014 dollars),putting nearly 45 percent of the population below the national poverty line.The median age is slightly over 27 and nearly 50%of those living within the proposed project limits use public transit,bike,or walk as their primary means of day-to-day transportation. Currently,there are gaps in the pedestrian facilities and little to no bicycle facilities which ---_..._._ acreatehazardousconditionsfortheindividualsthatwalkandbicyclearoundImmokalee. To make conditions worse,Florida's frequent rainfall combined with the lack of defined swales7turnsfootpathsintounusableareaswhichrequirespedestrianstowalkalongthestreets, as seen in Figure 3.1. Between 2005 and 2017, there have been 147 pedestrian-involved x+a. ' ; collisions and 93 bicycle-involved collisions in Immokalee.The improvements associated with the project include creating a safe sidewalk network as well as a Bicycle Boulevard that can be utilized by the community. Also included in the project are drainage improvements that t will better define the existing roadside swales which will provide a better overall stormwater r conveyance and treatment system for Immokalee. i ice • Obtainingthegrant for the project was a major success for Collier Count and required ,rimPj1Y4 e ° 7 y' strong collaboration betweeb the County, Florida Department of Transportation (FOOT), a ' , Seminole Tribe of Florida, The Immokalee Lighting and Beautification Municipal Service i Taxing Unity(MSTU), Immokalee Community Redevelopment Agency (CRA), Collier Area Q ' Transit,and Collier Metropolitan Planning Organization(MPO)&MPO Pathways Advisory Committee(Regional Partner). It. PROJECT UNDERSTANDING ( DRAINAGE DRAINAGE - QE+GradyMinor will utilize their local knowledge and experience to ensure that the drainage improvements within the project area are designed to Collier County and FOOT Standards. With the exception of QE + GradyMinor's Area #1 (Stockade Road, School Drive and E. Delaware Street)the entire project area is located within Collier County's Urban Immokalee Drainage Basin (Figure 3.2).QE+GradyMinor's Area#1 is located within the Barron River 1 I Canal Basin (North). Immokalee's general stormwater flow is either west to Lake Trafford via the Immokalee Slough or south to the Barron River via the SR-29 canal.The stormwater flow is evident in(Figure 3.3-LiDAR Exhibit),which depicts higher elevations as orange and I}. 1 1,1 ,,,,,,,I::„ OutfaII to SR-29 Carn.3I lower in pink.The red line in the exhibit approximately delineates the basin line for the areas , I' . J that outfall westerly to Lake Trafford&southerly to the SR-29 Canal. FIGU 1 i I i r ii."-i-....,.- , e a rye M ., t. OutfaII to Lake Trafford 1 xx 21 Page 1918 of 5419 I. TECHNICAL INFORMATION IM RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PROJECT UNDERSTANDING I DRAINAGE (CONT.) QE+ GradyMinor are familiar with the November 2018 Immokalee Stormwater Improvement Program (ImmSIP)and have reviewed the ImmSIP in preparation for this Design-Build Project.The ImmSIP's Madison Avenue Channel Project is important to note, as QE+GradyMinor's Area#4 drains to the Madison Avenue Channel which ultimately outfalls to the SR-29 canal. The ImmSIP identified a potential new stormwater treatment pond to provide additional water quality and reduction of nutrient loading to the SR-29 canal. Unfortunately,the area identified for the pond was recently developed by a private developer and is shown below in Figures 3.4&3.5. FI . g y{r,a te-. .---:r— a"` a: i ill 1 e ftt2 - Y;"$ . "s,i•fiouwaw+en WAY*" 'mod' v 11 4 ./ we' V!R y9 r fit., t; 4 7 1 t lit 1 X ._ . ' G Es Although the pond site was developed, the ImmSIP e identifies the Immokalee Area Improvements - TIGER MO i0 f '- A " t li Grant Project as a way to improve the roadside Swale I - II, it system within this portion of the project. The roadside j• -+swale system will be designed to convey stormwaterI. jL tN-.i.-. n. _. , "''`df t from Jefferson Avenue (and other streets further j upstream that currently drain to Jefferson Avenue)in a t;i I Cx :'- .i' -^sae• d sw14 f 'ti northeasterly direction to the Madison Avenue Channel.ei•J ice' I1''GradyMinor's drainage design will utilize the four cross ! 4. drains that convey stormwater from Area #4 under i - -- z . I. ,' 4, Madison Avenue to the Madison Avenue Channel. The I r four cross drains are at Glades Street(two cross drains), 1 r . , . E Indian River Street and Jackson Street. Figure 3.6 is a j. f ,r' ,-; LIDAR image detailing the drainage basin which shows s....._,.. r` v _ter 4,...- ., QE+GradyMinor's Area#4 area draining from the northwest to the southeast. Collier County's Stormwater Management Facilities within the project area can also be seen below in Figure 3.7.The northern portion of the Project area depicts the Madison Avenue Channel which will be the outfall channel for QE+GradyMinor's Areas#2,#3 and#4. FIGURES b ilFIGURE 7 1 i k?."''', 05' a, 'ar E'. t, PVT) vxvii a e TRAFFORD vac, r3„ Xs .7f1n COLLIER COUNTY'S STORM WATER MANAGEMENT FACILITIES WITHIN PROJECT Page 1919 of 5419 TECHNICAL INFORMATION NoGli. RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant b. PROJECT UNDERSTANDING I SIDEWALK & MULTI-USE PATHWAYS QE+GradyMinor are experts in sidewalk and multi-use trail design and construction and have significant local experience. When initially designing a sidewalk it is important to follow the order of desirability set forth by Chapter 222 of the FDOT Design Manual. The order of desirability for sidewalks are:1)As near the R/W line as possible.2)Outside the clear zone.3)Five feet beyond the limits of the full width shoulder.4)At the limits of the full width shoulder. The majority of the sidewalk detailed in the conceptual plans places the sidewalk at the limits of the full width shoulder. However,the proposed sidewalk is depicted at the ROW line along Jefferson Avenue from Hendry Street to Escambia and also along portions of Alachua Street in the conceptual plans. The existing asphalt trail adjacent to Immokalee High School that will be reconstructed with concrete is also strategically placed at the ROW line.Once survey has been obtained,GradyMinor will do a thorough analysis to determine if there are other areas within the project boundary where the sidewalk can be placed at the ROW line,outside the clear zone,or five feet beyond the limits of the full width shoulder. However,it should be noted that existing conditions will likely limit the ability to place the proposed sidewalk in any location other than at the limits of the full shoulder width FDOT Design Manual location desirability#4). Multi-use trails are paved facilities that are physically separated from motorized vehicular traffic by an open space or barrier. Widths for a two- directional multi-use path is dependent upon context,volume and mix of users but widths typically range from 10-feet to 14-feet wide,with a standard width of 12-feet.The proposed shared-use paths detailed in the conceptual plans are 12-foot wide and separated from the roadway by a shallow 8-foot wide roadside swale. Multi-use paths are used by bicyclists, pedestrians, skaters, runners and others and must comply with the Americans with Disabilities Act(ADA)standards. AS DETAILED LATER IN THIS SECTION,THE QE+GRADYMINOR TEAM PROVIDES AN ADDED BENEFIT TO COLLIER COUNTY.AS TEAM MEMBER ALTA IS AN INDUSTRY LEADER IN BICYCLE BOULEVARD DESIGN. FIG 4, \FIGURE k .1 1 iii:7;''44.t • ' k,,' '',..L ' 1 .'',' '''. '' 144$-,.",--" ''-'' ''''q•,',L, q 1e Ply,,s;..,?,,iy:I9 ,:•• .4e \ti p Z'r ' it jil 1,...11', ..,,,Awl„,*. i.j:„A.:7- ,,,..-,-,.., '"'Ilit, r4":74i0,,,,,,,',k'',..4:',‘... -c-','-'12 is ,,,414110,.; °:.,'"..,,, , , :1 11.,:11/1* I p. ',..„ r ,,. .,, '",;1:,' , r,; ,",,l':0,',.. 2*,':44:1 4,.:.'z- .-..2....-:,,,,- , -- \'','''''.- ',e 4"0', de, I" yr, j 1 1 a ` ^4--t ae MN vr i.,,,,,,,,,-,— - -„,,,.. ,,,,... - — ,,„,„.... . g».. ! k ,, a }"`-f,, r 'i- it III.. A r ". A4,,,,,,,,,,,!,,,,,,„ aal, I F pta m. 1.." v, e ' } p 4.in 6 I.a:,." k 177.4 y Y° 9I i 1 a R; (1-P''. E a R "3 Q 4 y ..:MR"; a F. ler•,. ili • k. . .. Na>Aa maaaxc,xtl,..' •-• e:' EXISTING&PROPOSED SIDEWALKS LEGEND PROPOSED MULTI-USE PATH LEGEND 0 BUS STOP S BUS STOP PROPOSED EXISTING l w—.— SIDEWALK EIDEWALK EXMiil: r:id M1lmrlr C wr Cowl v Eli L.n frvr Cl)11YI2ram.` SIDEWALK v.^`-tee^-'-^..'.'..-- PROPOSED SIDEWALK d, pA w' ULT I-USE PATHQeG L3.13•'•' pA R uRaS p RRp rvo.io E]rt . m.nN 9 Gnnt PROJECT AREA QeG L3.r3R •' 9 atl snpl RFD No.3a E]rr r.m.nts- 9 Gnn. EDPROJECT AREA m'R IQR R, - uw wn . 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I1 ikP' V m LL t E F 5 fti Page 1921 of 5419 aria TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant k`` BICYCLE BOULEVARD NETWORK I The success of Bicycle Boulevards is largely dependent on establishing a connected network of Bicycle Boulevards that allow users to utilize A LTA'S APPROACH both north-south and east-west streets to access key destinations Bicycle Boulevards are an asset for neighborhoods and businesses. from their homes. Focusing the proposed Bicycle Boulevard network Also known as"neighborhood greenways;'they are designed to provide within Downtown Immokalee facilitates short distance travel by bike. a comfortable and safe riding experience for cyclists of all ages and Additionally, connecting the network to public schools in the area is abilities and connect them to destinations.Bicycle Boulevards can also critical to providing safer routes to school.As the design progresses, encompass"green"drainage treatments that help in both stormwater several elements should be considered: management and aesthetic appeal. 6, To allow bicyclists to safely, efficiently, and conveniently cross Alta Planning+Design(Alta)is a leader in helping communities develop streets to access the different Bicycle Boulevards, it will be key Bicycle Boulevard corridors and neighborhood greenways on lower- to provide marked crossings at intersections, with appropriate volume residential and collector streets. These facilities prioritize associated signage and traffic control. Specifically, crosswalks non motorized travel through traffic calming treatments, intersection should be placed when the proposed north-south Bicycle Boulevards safety enhancements, wayfinding signage, and specialized markings. along Pinellas Street,Lee Street,Jackson Street,Escambia Street, Alta has developed multiple guidelines and standard documentation on and Broward Street)cross Jefferson Avenue,New Market Road,and bikeway design in general,and specifically Bike Boulevards,including Madison Avenue. Additionally, given the relatively higher posted the NACTO Urban Bikeway Design Guide,FHWA's Small Town and Rural speed limit of New Market Road and its functionality as a commercial Design Guide,and NACTO's Don't Give Up at the Intersection Guide. corridor, Rapid Rectangular Flashing Beacons (RRFBs) should be considered to cross the corridor at some of the intersections. Alta has an intimate knowledge of the Immokalee community - this t To provide a safer Bicycle Boulevard connection,it is recommended comes from the company's involvement in developing the winning TIGER Grant application for the proposed improvements identified in that the intersections of Immokalee Drive at Escambia Street,and the Design Cr eria Package. Alta will advance the design in a way Broward Street at New Market Road be realigned. The existing that will preserve the Immokalee Complete Streets(ICS)vision,while skewed geometry of these two intersections poses safety concerns proposing innovative and cost-effective implementation solutions. for both vulnerable road users and drivers due to limited visibility. QE + GradyMinor's approach to cost-effectively improve the THEfQLLOWING APPROACH OUTLINESLHE DESIGN ELEMENTS intersection geometry is to realign the intersections through THAT WILL BOLSTER THE DESIGN,AND CREAT_A _M. AIMED pavement markings and low-cost curb extension treatments. AT MAXIMIZING INVESTMENT: hw zP s R 4h Vi 11 ' FIGURE 3 4 e g f 4 ' 1iik,‘, 5 ` a" t y w 'ems .. r ''" iP'fi\ ''''' '- j ay N FIGURE 3.11 -PROPOSED ENHANCEMENTS TO THE INTERS'-` K . 4*. MARKET RD.AT BROWARD ST. TO MITIGATE THE SKEWED GEO' w,ow /id."A;au +w. ..Yap. .vMMxe The intersection of New Market Rd. at Broward St. forms an irregular junction that may confuse drivers and make it harder to see bicyclists and pedestrians.Therefore,the following improvements are recommended' The existing curb radii are large and conducive to vehicles turning at higher speeds,thus prompting potential speeding during turns and reducing driver reaction time in the event of a crossing pedestrian or bicyclists.By reducing curb radii to a more manageable radius(less than 20'),vehicle turning becomes more deliberate and cognizant of the surrounding environment.To reduce costs while maintaining treatment effectiveness,12" white striping can be placed at the radii to demarcate the tighter radii,coupled with bollards to prevent vehicle encroachment into the safety zone. Existing conditions include a striped median in front of the southern leg of the intersection.Given the introduction of dedicated bike and pedestrian facilities to this intersection,it would be prudent to install a concrete median to physically prevent illegal vehicle turning movements.This would also provide an opportunity to install a pedestrian refuge island in the median for added protection of pedestrians and bicyclists while crossing. To designate a crossing place for pedestrians and bicyclists to guide them and alert vehicles,placing dedicated pedestrian and bike crossings to prompt crossing at the western leg of the intersection is recommended. Providing street lighting to further enhance the maneuverability of the intersection. Finally,placement of an RRFB is recommended at this intersection given the geometric conditions and the bike boulevard crossing. C AU a, 25 Page 1922 of 5419 TECHNICAL INFORMATION : • Ihijt RFP No.20-7811 -Step 2, Immokalee Area ImproVements-TIGER Grant t= 1 FIGU 1 11 1 :" i ae..: a ',d, f, xa3: aeM "‘X'" ass 'nw- ,° . , I1 0 I i. Bollard, t (IVI') FIGURE 3.12-PROPOSED ENHANCEMENTS TO THE INTERS IMMOKALEE DR.AT ESCAMBIA ST.TO MITIGATE SKEWED GEOM"' y q id,' sr." a k, Similar to the previous intersection,the intersection of Immokalee Drive at Escambia Street presents geometric challenges given the angle of intersection. The existing wide curb radii at the northeast corner further exacerbates conditions,as vehicles will tend to turn at higher speeds,and the cone of vision to spot pedestrians and vehicles is reduced.Therefo_re_the following mprovements are recommended; c Reducing the curb radius at the northeast corner by adding 12"white striping and bollards would allow vehicles to pause before turning onto Escambia Street,thereby providing additional protection for bicyclists and pedestrians crossing Escambia Street. e Given the location of the intersection at Immokalee High School,adding safer crossing opportunities is important.In this case,a raised crossing can be provided at the intersection to cross Immokalee Drive—the raised feature of the crosswalk will provide additional visibility to pedestrians and bicyclists. Similar to the previous intersection,and given the skewed geometry,adding street lighting will greatly enhance the safety of all road users. FIGURE 3." o yea ' . Y'4t4: c- .(., 0 < l fir ,t1 o rt 5 :(I tom' .<- r nlirt( 'k)crlft it'''' 4 '}t* FIGURE 3.13-PROPOSED ENHANCEMENTS TO THE INTERSECTION OF IMMOKALEE DRIVE AT CHARLOTTE STREET/N 1ST STREET/JEFFERSON AVENUE W. tP The existing conditions of this intersection presents several challenges.The junction is effectively a five-legged intersection that is created through three intersecting streets,forming a wide area in the middle of the intersection that makes navigating it difficult.Further,the approaches along Charlotte Street and N.1st Street are currently not stop controlled,and N.1st Street intersects at a horizontal curve.In addition,a Bike Boulevard is currently proposed along Jefferson Avenue W.,and sidewalks are either proposed or existing at all legs of the intersection.The intersection is located within a school zone and is just east of the proposed CAT Transfer Facility.Therefore,the following minimum improvements are recommended at this intersection: Reducing the curb radii at the intersection where possible,to slow cars down at the intersection,especially while turning. Evaluate warrants for an all-way stop at the intersection to provide better traffic control for all approaches. s If an all-way stop is installed,install crosswalks at all approaches to facilitate pedestrian crossings through the intersection.At minimum,pedestrian crosswalks should be installed at the currently-stop controlled approaches. The existing crosswalk across the northeastern leg of the intersection(across Charlotte Street)is marked as a school crossing.To further enhance safety for school children,an RRFB is recommended to help navigate the intersection. Given that the CAT Transfer Facility is proposed to be located just west of the intersection,the proposed Bike Boulevard along Jefferson Ave W.should be extended along Immokalee Drive to tie into the CAT Facility.This will facilitate bike access to transit and should be implemented with bike crossings across Charlotte Street and Jefferson Avenue W.to guide bicyclists. e Similar to the previous intersections,and given the skewed geometry,adding street lighting will greatly enhance the safety of all road users.{ f,0 Page 1923 of 5419 TECHNICAL INFORMATION ' 'Q RFP No.20-7811 Step 2, Immokalee Area Improvements:.TIGER Grant , BICYCLE BOULEVARD NETWORK I WAYFINDING Wayfinding elements can create a deeper connection to places,cultivate a sense of pride by reflecting community values and identity,and support local economic development by encouraging residents and visitors to use services.Wayfinding can also help connect pedestrians and bicyclists to transit stations and transfer facilities,as well as other key destinations and points of interest.Alta has worked on a diverse set of wayfinding efforts that include establishing a comprehensive wayfinding system,implementing context-based and branded wayfinding,and applying appropriate technology features to encourage and promote the use of bike and pedestrian facilities.Alta has provided route mapping,branding,and design services to municipalities across the US,Canada,and Singapore. Given the high benefits and relatively low implementation cost of supplementing a Bike Boulevard network with Wayfinding,the foi. wing_approach is proposed for integrating wayfir di g into the Immokalee Bike Boulevard system C Implement wayfinding signage at key locations within the Bicycle Boulevard system to advise users of how to navigate the network. Proposed locations include: a Along Lee Street in the northeast direction at the intersection with Monroe Street. Eastbound along Lake Trafford Road. FIGU Northeast bound at Escambia Street and Immokalee Drive. At the intersection of New Market Road and Broward Street. CIO S Jackson St & 5th Ave S At the intersection of New Market Road and Pinellas Street. f" f 7 f"f.i- ail (/J filf : Approximately 28% of the population in Immokalee is of Limited English Proficiency (LEP), with the majority of the LEP population CH I N ATO W N about 79%) primarily speaking Spanish. Therefore, providing j;);A.f.3 multiliffgual_wayfiffding signag wi Lhelaresidents better utilie_the Bike 13 yard system. Providing wayfinding at the CAT Transfer Facility guiding travelers from and to the Bike Boulevard network will help facilitate bike access to transit. it International District j FIGURE 3.14-SEAMLESS SEATTLE PEDESTRIAN F" Chinatown Station A 2 min WAYFINDING PROGRAM-DESIGNED EtY ALTA 8enaroya Halt 5 min A targeted Bicycle Boulevard wayfinding system in Immokalee will Pike Place Market n tl a ®I %min help improve residents'quality of life, increase the facility usage,and can be customized to highlight the cultural assets of the community. 4"- Waterfront Q© 12 min Furthermore,the targeted wayfinding signage approach can be used as a stepping-stone to engage businesses and local community leaders in , ' 2 min Freeway Park -* establishing a more comprehensive wayfinding system that efficiently leverages economic development investments. Some of the creative ways the wayfinding system can grow and reap social and economic benefits is to utilize existing utility boxes to display wayfinding information.This form of"utility box wrapping"can help infuse artistic,cultural,and informational elements into Immokalee's built environment,maximizing the public investment. FIGUt . z.,. FIGURE 3.15- UTILITY BOX WRAPSa4, r`"6'"' '"` RCE-SOUTHEAST COMO IMPROVEMENTS ASSOCIATION n 440, i _ ::.: tv,.z- +- :, ,,,,,,,,,,-;::: 2+- '.,+-,..-+-ff.,,,,,,,:/....., ,,. +. 4„..,..X.ii.. r m a >x ,. r•"° y a. yam° Olkirr, dal • .x, . •y, 0 27 da Page 1924 of 5419 gmQom TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant Ib BICYCLE BOULEVARD NETWORK I r OTHER TRAFFIC CALMING IMPROVEMENTS- TRAFFIC CALMING If not designed properly and for everyone,intersections can pose a major conflict point for road users.For this reason,and to make the proposed When the TIGER Grant Application for the Immokalee Complete facilities more effective for the investment,QE+GradyMinor's design Streets (ICS) Improvements was submitted in 2017, crash analyses will consider enhancements to the following intersections: revealed that over 2,500 crashes occurred in Immokalee between LAKE TRAFFORD ROAD AT N. 9TH STREET/JEFFERSON 2005 and 2017. Almost half of these collisions impacted youths and AVENUE WEST- seniors.Additionally,half of Immokalee's bike and pedestrian-involved crashes occurred along roadways where vulnerable road users are This intersection's skewed geometry, proximity to Highlands forced to walk,and bike intermixed with motor vehicles under unsafe Elementary Schools, and its utility as an intersection of Bike conditions. Given that more than 30% of students walk or bike to Boulevards,necessitates installing traffic calming treatments. schools in Immokalee(three times the national average),it becomes a ALONG ESCAMBIA STREET- even more paramount to implement the proposed Complete Streets Particularly at the skewed intersection with Immokalee Drive,and at infrastructure set forth by the ICS in the grant application. the intersection with Jefferson Ave W.,where two Bicycle Boulevards To achieve measurable safety improvements, it will be critical to connect. Escambia Street serves as the longest north-south Bike design and construct the ICS improvements in such a way that Boulevard connection in the proposed plan,and intersects with major mitigates the crash probability and severity risk on bicyclists and corridors including Immokalee Drive,Jefferson Avenue W., and New pedestrians.This is done by implementing traffic calming treatments Market Road W.;therefore,considering traffic calming improvements along the Bicycle Boulevard Network,enhancing intersections to make at a corridor level is recommended. them safer for all road users,and adding street lighting.The following o ALONG NEW MARKET ROAD WEST, PARTICULARLY AT includes specific traffic calming treatments that will be considered in BROWARD STREET- the design process: New Market Road's utility as a commercial corridor provides an a TRAFFIC CALMING ALONG ROBERTS AVENUE-opportunity to connect pedestrians and bicyclists to destinations. However, given the higher volumes and speeds, it is recommended The concept plans in the Design Criteria Package show speed humps that low-cost, effective traffic calming treatments are installed, along Roberts Avenue east and west of North 3rd Street.This section, particularly near the Bike Boulevard crossings. which serves as the entryway to Immokalee Community Park is a straight roadway segment that is susceptible to speeding. To further a JEFFERSON AVENUE WEST AND LEE STREET- enhance the design, and to better utilize the proposed sidewalk This is another intersection where two Bike Boulevards cross in connectivity plan along Roberts Avenue, it is recommended that the Downtown Immokalee; therefore, adding traffic calming treatments speed humps extend further west along Roberts Avenue. Therefore, would provide a safer environment for pedestrians. the block along Roberts Avenue between N.9th Street and N.1st Street These intersections serve key destinations and the proposed Bike should include two speed humps, one at each end of the block, and Boulevard system.The intersection enhancements will consist of cost- a raised crossing at the entrance to the Immokalee Community Park. effective treatments such as narrowing curb radii through pavement Installing street lighting at the proposed crossing will be critical to markings,lighting,and signage. mitigate crash risk during nighttime. TRAFFIC CALMING ALONG IMMOKALEE DRIVE- FIGURt a r Mimicking the traffic calming approach outlined for Roberts Avenue, r l s , a e, speed humps and raised crosswalks should be installed along a -, - ,k iliki;Immokalee Drive between N.11th Street and N.1st Street.Each block ® w „ ,,. should begin and end with speed humps to slow down traffic.Near the ' a entrances to Immokalee High School and Immokalee Middle School,lit raised crossings should be installed. Nb.. .,..,,, ,, .,,,,,TRAFFIC CALMING NEAR HIGHLANDS ELEMENTARY C": SCHOOL- t Highlands Elementary School is located at the southeast corner of N.p s 11th Street and Lake Trafford Road.A Bicycle Boulevard is proposed 1 ,'' for the segment along Lake Trafford Road,and sidewalk gaps will be mow , M filled along N. 11th Street. Given that no sidewalk exists along the t ` a north side of Lake Trafford Road between N. 11th St and N 9th Street, " 1,0 -°wt it will be important to provide a safe crossing opportunity at each end of this segment.Both intersections are stop controlled,with the stop c, T01' 4 ..Legend condition along Lake Trafford Road; therefore, installing pedestrian c c k" N46 A Midblatk Gos,watk crossings at these locations will primarily involve thermoplastic white a fix, paint,ADA-Compliant Ramps,and street lighting. c R Speed Hump r IMKtaftiOn S o) I a , .,`knprbv,mcnt 4 ,4 ,OSED TRAFFIC CALMING IMPROVEMENTS a° 28 Page 1925 of 5419 vim TECHNICAL INFORMATIONGamRFPNo.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant BICYCLE BOULEVARD NETWORK I TRANSIT MOBILITY & ACCESSIBILITY Comprehensive pedestrian and bicycle networks broaden transit's reach via comfortable and safe"first/last-mile"connections.Where these modes interact,thoughtful planning and design consideration creates seamless links,vibrant community places,and higher ridership potential.This approach views transit connections,particularly major transit stations and transfer facilities,as more than a place whose primary function is to board and alight transit passengers.Realizing the benefits of these public investment sites as multimodal"mobility hubs"can facilitate mode transfers and create places that promote economic development. Alta provides design services to implement mobility hubs by linking land use.transportation,and economic development. The company's services Include analysis, plan alignment, regulatory and operations support, and mobility hub design, resulting in creative transportation demand management. Alta has both national and local expertise in designing transit facilities and mobility hubs.Local examples include developing implementation details for the Pembroke Pines Mobility Hub,and the planning and design of Palm Tran's West Palm Beach transit facility relocation. The key principles for the design of the new CAT Transfer Facility include providing efficient bus travel and seamless integration of the proposed bike and pedestrian amenities near and within the Facility.It will also be important to apply a practical and intuitive layer to these amenities to ensure smooth operations.Specifically,the following additional design elements are proposed for the CAT Transfer Facility: or The intersection of Immokalee Drive and N. 1st Street/Charlotte it The bus station pad can be utilized in a way that provides secure both Street/Jefferson Avenue presents an opportunity to connect the Bike short-and long-term bike parking.Bicycle parking and support facilities Boulevard network to the Facility to increase bike access to transit and such as lockers and showers are critical yet often overlooked elements reduce dependency on the car and vehicle parking needs. Therefore, of a complete bikeway system. Research suggests that providing bike the proposed Bike Boulevard along Jefferson Avenue should extend amenities such as secure parking at bus stops and transit centers west along Immokalee Drive to connect to the Facility entrance. This increases bus ridership.The bus pad can also be expanded to the south will involve improving the geometry and accessibility of the intersection to allow for additional amenities.While some of these amenities will be through pavement markings,bike and pedestrian crossings,and signage. implemented as part of this effort,the goal is to also"future-proof"the The proposed sidewalks within the Facility should be expanded to provide Facility by allowing enough design flexibility that allows the site to adapt higher emphasis on safely navigating the site on foot. Specifically, as to future technologies as demand rises. pedestrians enter the Facility,the sidewalk path leading to the bus station • The parking lot should be utilized to encourage forms of travel other than pad should be widened to accommodate a higher volume of pedestrians, single vehicle occupancy. For example,spaces should be dedicated to and allow for bicyclists to merge onto the path. car sharing and Transportation Network Companies(TNCs). r The proposed crosswalk crossing the parking lot should be demarcated c Signage and wayfinding will greatly enhance the user experience at the more prominently to establish the pedestrian space more clearly. A Facility. It can also be customized to display bus schedule and route raised crossing would also help achieve this. information,as well as integrated technologies. IMMOKALEE DRIVE 111 94 t7 l II d r C. wayfinding f Ar TYP.} TNC Pickup/ ' w Raised w.f Crosswalkwalk Dropoff11111111 18` -fir 101 DAwD LAWRENCE q \ 0 14 CEWER IIn 12 '/ ti if 3I r 136 1111 1, Secure bike parkinq Z 17, HEALTH DEPART MEN. FIGURE 3.17-PROPOSED CAT TRANS s SOURCE-BICYCLE AND TRANSIT INTEGRATION,A PR 4 eci Z.y•wTOBICYCLEINTEGRATIONANDEQUITABLELE k CO 29 Page 1926 of 5419 r TECHNICAL INFORMATION 11: Ern RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant11:: ss h. BICYCLE BOULEVARD NETWORK I GREEN INFRASTRUCTURE Complete Streets and enhanced bikeways offer opportunities to incorporate improvements beyond simply mobility solutions.Cities nationwide are starting FIGU I to view street projects as opportunities to manage stormwater,integrategreen A P 1 PP 9 9 S 7 tjr traffic calming, and beautify the street with landscaping all at the same time. , * -- ", G t E' Alta is adept at finding opportunities and solutions to add green infrastructure 1.% ` ' ' t h ;l"" T F +j" W and design It to handle expected runoff, support healthy plantings, and act I •acis ` K as a functional element of the street. In Downtown Lincoln, Nebraska, Alta implemented a two-way cycle track that provided stormwater infiltration planters as a buffer to the bike facility. The project received the American Council of at" Engineering Companies(ACEC's)2017 Engineering Excellence Award. To minimize project cost and apply sustainable stormwater management practices, infiltrationplanters& native plantings can be integrated within thep99 area's swale system.As the project moves towards the 60%design phase,this approach can be scaled to accommodate locations where an open system is ss. identified, to maximize stormwater capture and retention. The landscaping provided through this approach will also provide shade and aesthetic elements FIGURE 3.18-NORTH STREET to the design. I CAT BUS TRANSFER FACILITY I HLEVEL ARCHITECTURE, PLANNING & DESIGN COMPANY OVERVIEW - HLevel is an Award-Winning Architecture Firm located in Naples,Florida specializing in innovative design solutions with a unique,value-oriented and sustainable ideal. HLevel focuses on residential, commercial, civil,and industrial architecture in domestic and international markets.The following projects highlight HLevel's commercial design experience,with specific emphasis on the firm's Bayshore Redevelopment Project.The U.S.41 corridor between Davis Boulevard&Airport-Pulling Road has been identified as#5 on the FDOT District One high crash corridor list.The area is also considered a roadway heavily used by foot and bicycle traffic, similar to those within the Immokalee Area Improvement -TIGER Grant Project limits. Hlev_e1 performed studies for the FDOT aimed to reduce the traffic impact and beautify the area. we ee y4 p,}, aat s e y e k t i M~ x FIGURE 3.20-KAYAK LAUNCH FACILITYFIGURE3.19•MERITS USA HEki r 1 I I I t IIMs sicmot :--- 11334,111110 FIGURE 3.21 -GALISANO CHILI 4 FIGURE 3.22-BAVSHORE REDEVELOPMENT a a 5" BUS TRANSFER FACILITY DESIGN OVERVIEW - HLevel is proud to join the QE+GradyMinor team for the design and construction of the CAT Immokalee Bus Transfer Facility.HLevel staff are strong believers in the importance of public transportation,as it provides many critical benefits for communities. Sustainability is an important aspect to HLevel and mass transit certainly helps to reduce greenhouse gases.The HLevel team strives to can create an environmentally sensitive design,relating to the building's systems.This stems from the fact that Hlevel is a strong proponent of designs that provide economic opportunities and create social equity. Hlevel understands that this bus shelter will help to provide access to employment for all walks of life. In review of the rpeviouslyprepareddesign,Hlevel applauds the minimal and simple aesthetics and believe that their design ideals align with this type of project. Hlevel agrees that the lightweight canopies provide a strong linear form but are nicely articulated with the rhythmic and intersecting vertical columns. With a little development,this can be a functionally,beautiful structure.Upon award, HLevel will develop a more substantial set of plans for the County's review and approval;this will provide insight into the architectural finishes of the structures. 30 sm so-,Page 1927 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant CAT BUS TRANSFER FACILITY I REGULATORY AUTHORIZATION APPROVALS The Immokalee CAT Transfer Facility,as identified within the Design Criterion Package,requires several regulatory authorization approvals including: i Collier County Site Development Plan Amendment e Collier County Right-of-Way(ROW)Permit c South Florida Water Management District(SWFMD)Individual Permit(or Modification)OR a DEP 10/2 Self Cert(if less than 10 acres and 2 acres of impervious) Immokalee Water-Sewer District approval for water and sewer service connections. Obtaining a Title Opinion is recommended to identify the encumbrance upon the property,which will be identified in Exhibit B of the title report. The subject property appears to have shared access and possibly a parking agreement with the abutting David Lawrence Center. Ingress&egress easements may be required between property owners,GradyMinor will prepare the necessary sketch and legals. The location of the proposed dumpster may need to be modified to ensure the required access is provided as identified in LDC Section 5.03.04. Collier County will require portions of the existing property be brought to current LDC criterion, including parking space delineation, crosswalks with handicap ramps and truncated domes,and code minimum landscaping. The property falls within FEMA Flood Zone AH 34. The minimum FFE will be set at BFE+1. Floodplain compensation may be required depending on importer/exporter analysis. The proposed building does not appear to be sprinkler. The closest fire hydrant is located on Immokalee Drive about 220-ft from the furthest part of the building. Per NFPA,150-ft is the maximum a building can be from fire hydrant or fire access lane. Fire projection will require AHJ coordination. Should Collier County desire to construct a sewer connection for the food truck area,a grease interceptor will be required. GradyMinor will specify a hydromechanical grease interceptor to reduce construction costs and impact to the developable footprint. DESIGN & CONSTRUCTION STANDARDS The improvements associated with the Design-Build project will follow x Florida Department of Transportation Design Bulletins&Update Memos all applicable Manuals and Guidelines including the County,FDOT,FHWA, s Florida Department of Transportation Utility Accommodation Manual AASHTO, and additional requirements specified in the Design Criteria a AASHTO LRFD Bridge Design Specifications Package.THE PROJECT WILL ADHERE TO THESE STANDARDS: Florida Department of Transportation Flexible Pavement Design Manual c Florida Department of Transportation Design Manual(FDM) c; Florida Department of Transportation Rigid Pavement Design Manual Florida Department of Transportation Specifications Package x Florida Department of Transportation Pavement Type Selection Manual Preparation Procedure r Florida Department of Transportation Right of Way Manual x Florida Department of Transportation Standard Plans for Road& s Florida Department of Transportation Traffic Engineering Manual Bridge Construction a Florida Department of Transportation Intelligent Transportation System e Standard Plans Instructions(Refer to Part I,Chapter 115,FDM) Guide Book c Florida Department of Transportation Standard Specifications for a Federal Highway Administration Checklist and Guidelines for Review of Road&Bridge Construction(Divisions II&Ill),Special Provisions& Geotechnical Reports and Preliminary Plans and Specifications Supplemental Specifications AASHTO Guide for the Development of Bicycle Facilities c Florida Department of Transportation Surveying Procedure Federal Highway Administration Hydraulic Engineering Circular Number 550-030-101 18(HEC 18). x Florida Department of Transportation EFB User Handbook Florida Department of Transportation Manual of Uniform Minimum Electronic Field Book) Standards for Design,Construction and Maintenance for Streets& Florida Department of Transportation Drainage Manual Highways Florida Department of Transportation Soils&Foundations Handbook • Florida Department of Transportation Project Development and Florida Department of Transportation Structures Manual Environment Manual,Parts 1 and 2 c Florida Department of Transportation Computer Aided Design& c Florida Department of Transportation Driveway Information Guide Drafting(CADD)Manual AASHTO Highway Safety Manual AASHTO-A Policy on Geometric Design of Highways and Streets r Florida Statutes MUTCD-2009 Florida Department of Transportation Equal Opportunity Construction Safe Mobility For Life Program Policy Statement Contract Compliance Manual Traffic Engineering and Operations Safe Mobility for Life Program a Collier County Right-of-Way Permitting Handbook Florida Department of Transportation American with Disabilities Act c AASHTO Guide for Geometric Design of Very Low-Volume Local Roads ADA)Compliance-Facilities Access for Persons with Disabilities ADT<400) Procedure 625-020-015 Collier County Vertical Standards Florida Department of Transportation Florida Sampling& c Collier County Land Development Code Testing Methods c Immokalee Water&Sewer District Standards Florida Department of Transportation Flexible Pavement Coring& e Florida Administrative Code Evaluation Procedure DEVIATIONS FROM DESIGN CRITERIA PACKAGE The deviations that QE+GradyMinor anticipate from the Design Criteria Package are the addition of underground stormwater culverts in some of the areas where the concept plans show swales as well as the addition of a wall and pedestrian/bicycle railing along the multi-use trail along Stockade Road due to drop-off hazards. Please note that if the County elects to obtain an easement from the Seminole Tribe of Florida for grading purposes,the gravity wall and pedestrian/bicycle railing can be eliminated. w.. fit 31 Page 1928 of 5419 TECHNICAL INFORMATION Mil RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PERMITTING QE+GradyMinor conducted an informal Pre-Application meeting with SFWMD prior to submitting Step 2 of the Design-Build TIGER Grant Project. Unknowns associated with permitting can oftentimes delay a project; however, delays are not an option for the Immokalee TIGER Grant project, as there are federal funds associated with the improvements.GradyMinor was recently the prime consultant on a Collier County project(Goodland Drive Improvements) that required permitting coordination between Rookery Bay.the Conservancy of Southwest Florida,and Collier County. GradyMinor takes pride in their ability to obtain permits even when multiple co-applicants and stakeholders are involved in an environmentally sensitive area.- GradyMinor confirmed with SFWMD that the team can separate the larger project into four smaller projects. GRADYMINOR ALSO HELD IN-DEPTH DISCUSSION WITH SFWMD ON UTILIZING TWO SEPARATE EXEMPTIONS WHICH ARE DETAILED BELOW. SIDEWALKS IMPROVEMENTS ARE EXEMPT PER - RULE 62-330.051 (4)(C) BRIDGES, DRIVEWAYS,& ROADWAYS — c)Minor roadway safety construction,alteration,maintenance,and operation,provided: 1.There is no work in,on,or over wetlands other than those in drainage ditches constructed in uplands; 2.There is no reduction in the capacity of existing swales,ditches,or other systems legally in existence under chapter 403 or Part IV of chapter 373,F.S.; 3.All work is conducted in compliance with subsection 62-330.050(9),F.A.C.;and 4.The work is limited to: a)Sidewalks having a width of six feet or less; b)Turn lanes less than 0.25 mile in length,and other safety-related intersection improvements;and c)Road widening and shoulder paving that does not create additional traffic lanes and is necessary to meet current,generally accepted roadway design and safety standards. MULTI-USE TRAIL ARE EXEMPT PER - RULE 62-330.051 (10)THE CONSTRUCTION,ALTERATION, MAINTENANCE, REMOVAL,ABANDONMENT OF RECREATIONAL PATHS FOR PEDESTRIANS,BICYCLES,&GOLF CARTS,PROVIDED- a)There is no work in,on,or over wetlands or other surface waters other than those in drainage ditches constructed in uplands; b)There is no reduction in the capacity of existing swales,ditches,or other stormwater management systems legally in existence under chapter 403 or part IV of chapter 373,F.S.; c)The paths have a width of eight feet or less for pedestrian paths,and 14 feet or less for multi-use recreational paths; d)The paths are not intended for use by motorized vehicles powered by internal combustion engines or electric-powered roadway vehicles,except when needed for maintenance or emergency purposes;and e)The paths comply with the limitations and restrictions in subsection 62-330.050(9),F.A.C. With the project intended to be located entirely within the existing,maintained ROW,environmental issues are not anticipated to present a major hurdle for the project. However,the proposed sidewalk and multi-use trail alignment spans approximately 22-miles within habitat suitable for a number of listed species which may require additional permitting with the Florida Fish and Wildlife Conservation Commission prior to construction. If impacts are proposed to forested areas,then additional listed species including the Red-Cockaded Woodpecker and Florida Bonneted Bat will need to be addressed. The project will require a state Environmental Resource Permit(ERP)from the South Florida Water Management District or Florida Department of Environmental Protection(FDEP). As part of the state permitting process,the Florida Fish and Wildlife Conservation Commission may provide comments on the ERP application. If there will be impacts to State 404 wetlands or"Water of the U.S"(WOTUS),then a State 404 permit will be required from the FDEP. As part of the State 404 permit review,consultation for threatened and endangered species with the U.S.Fish and Wildlife Service will be required. QE+GradyMinor does not anticipate impacting any wetlands but if wetlands are impacted,mitigation will be required.Given the size and configuration of the project,the opportunity for providing on-site mitigation may not exist. Off-site wetland mitigation options include the purchase of wetland mitigation bank credits,preservation of wetland resources at risk for development within the same drainage basin,or other means of replacing lost wetland function that is amenable to the permitting agencies, Additionally,mitigation may be required to compensate for potential impacts to listed species within the site. If necessary,mitigation for listed species will be negotiated with the wildlife agencies during the environmental permitting process. ra. r .... IL y y Pictured is a QE Concrete, W r 1., E i I 41 one of the oorrrpanys: ttlgb - f''' :,,k,,‘; ' '",7-711 ; "Iklifit.„ will self-perform all colte 1 4 ', 1. i < nc to tia N 4 1111 'r a 4. s ' ?k rk MI r I— w,.. ' Ali es.. 1 a,, A' y 4," 7 ,`" ..k' Page 1929 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grantoo DESIGN-BUILD TEAM I PROJECT RISKS/ CHALLENGS & MITIGATION STRATEGIES CRITICAL RISK MITIGATION STRATEGIES Community awareness, outreach, involvement, and communication are imperative to the success Impacts to Local Residences,of this Design-Build project and will be handled in full by Cella Molnar& Associates, Inc. (CMA). Businesses,and Traveling Motorists& Additionally, QE+ GradyMinor's Phasing Plan and MOT Plan will help minimize impacts to area Pedestrians residents,businesses,motorists,and pedestrians. The QE+GradyMinor team conducted a Pre-Application meeting with SFWMD to discuss existing Permitting Delays permits and anticipated items for the Immokalee Area Improvements Design-Build Project. Use of Subcontractors QE is a versatile general contractor and will self-perform over 90%of this project. QE + GradyMinor reviewed the Concept Plan, obtained GIS locations from Collier County Utility Department, called-in a design ticket through 1-800 Sunshine,and performed preliminary GPR to Utility Conflicts determine the potential utility relocations and identify the utility owners.The Design-Build team has also been in contact with local utility companies to begin coordination efforts. QE+GiadyMin_orr are well versed in the area and Alta Planning+ReSign helped develop the Grant application and improvements: this will greatly reduce the learning curve of the specific project Design&Construction Change Orders context and provide continuity Also,the Design-Build model,along with the team's synergies and deep expertise in each subject matter will help streamline the design and construction processes. Material Availability GE will provide their own material for the majority of this project.With the ability to self-perform all concrete work,the issue of securing material and equipment from sub-contractors is eliminated. Designing driveways that are firm,stable,and slip-resistant will provide accessibility to individuals CHALLENGE#1 Large Non-Compliant that may have disabilities that currently would not be able to traverse along this area of the ROW. ADA Driveways&Vehicles Parking in Additionally, defining driveways and having a well thought public outreach effort concerning notROW parking vehicles not within the ROW will ensure that sidewalks are not blocked by parked vehicles. There are several areas within the project limits where a large swale currently exists adjacent to the roadway. Constructing a sidewalk in these areas will be challenging to maintain the existing swale's CHALLENGE#2 Large,Deep,&Wide stormwater capacity while not creating a drop off hazard. The swales in these areas will likely be Swales filled to maintain safe conditions for pedestrians and errant vehicles,including a stormwater culvert which will be required to maintain the existing capacity of the swale system. Bollards and a fire hydrant currently exist on the east side of School Dr. which may be within the alignment of the shared-use path. Adjusting valve covers,manhole rims,and relocating fire hydrants CHALLENGE#3- Existing Utilities will be important to identify early in the project to avoid timely delays in the field once construction within Sidewalk and/or Shared-Use Path starts. QE+GradyMinor will communicate early&often with the Immokalee Water&Sewer District to ensure that these conflicts are addressed in the design portion of the project. CHALLENGE#4-Decorative Headwalls There are areas within the project limits where decorative headwalls and mailboxes may fall within the footprint of the improvements associated with the project.Coordinating with the residents early in ROW will be critical to ensure residents are informed and educated on where the ROW begins/ends. ter YY , 04 r tf i„ ems. , adRi Pictured is one of 8' Page 1930 of 5419 TECHNICAL INFORMATIONa... RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant WHY QE + GRADYMINOR DURING A SUPPLY SHORTAGE SHORTAGE QE'S SO1 Concrete Shortage QE will produce&supply their own concrete on this project.QE owns&operates six Volumetric Concrete Trucks,and several silos,to provide onsite batching for this project.This will eliminate material.delays.. Fill Dirt&Aggregate QE will supply their own fill dirt&aggregates on this project.With the recent acquisition of the 846 Mine, Shortage located 15-miles from the project site,QE+GradyMinor will produce their own materials.This ensures that the project will remain on schedule and that needed materials will be available for use. Based on the 1% Sales Tax increase for Road Infrastructure, QE forecasted the need for additional Equipment Shortage equipment,resulting in purchases that are being delivered today.QE s.proactve-while other contractors are struggling with an equipment shortage,QE has the necessary resources in place for this project. QE will self-perform over 90%of this project.There is currently an abundance of work compared to the Subcontractor Dependency number of local subcontractors, causing project and completion delays. QE+GradyMinor will not face these delays. Personnel Shortage QE has over 210+ full time employees, including skilled field crews, admistrative staff, and upper management.QE's HR department is fully staffed&actively hires on a weekly basis. Equipment Maintenance QE has 7 full-time,in-house Mechanics&Lube Trucks working around the clock during the week.QE also has the ability and resources to complete all warranty work in-house. Driver Shortage QE has a large driving staff and chooses to promotes from within.This stems from QE's ability to hold in-house CDL trainings throughout the year. Survey Crew Availability QE recently purchased the Micro-Drone mdLiDAR3000 that creates topographic survey with millions of survey points within a days time vs. multiple weeks for traditional manual survey methods. QE has stockpiled materials for this project. The company also maintains strong buying power when Material Shortage it comes to materials and equipment. With significant purchases made throughout the past few years, vendors and suppliers prioritize QE,oftentimes delivering requested materials/equipment within a week. Pictured is QE's Equipment Yard/Mining Operations 15-miles from the project site.QE+GradyMinor will phfy.4 own materials,aggregates,and select fill on the TIGER tratst , Design Build Project,an added benefit for Collier County. r t •: a" ism•" bra.. . '^wd C ' \ ti',• 2' 1, m in J' i^ti0.0 1L1 4 yp i y4, 41411,4, sT, a.•., p.ewx'^IN1 51f e.y' a , gyp# M A gm a .Page 1931 of 5419 GinI= TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant QE'S LATEST TECH ! OGY I MICRGDRONE MDLIDAR 3000 INTEGRATED UAV SYSTEM 9 4 gyp. n k 7R 1 w as de• i• v I eaww VISTA BY VIEWPOINT EPIROC DRUM CUTTER EXAKTIME SOFTWARE n Iff QE utilizes Vista by project.pThe Viewpoint excavator attachment to cut through eliminated the need for paper Viewpoint to manage QE utilizes the Epiroc Drum Cutter QE's move to cloud-based solutions m allp j timecards. iPad application allows for real-time heavy rock and concrete. The machine Exaktime allows QE's management team collaboration between the office and uses rotating drums equipped with to create weekly schedules, send real- operations teams, as Superintendents strategically positioned picks and is time updates to field personnel, and can easily review invoices, request P0's, rotated at several hundred revolutions allows crews the ability to clock into their and complete daily reports.The software per minute. This new technology not pre-assigned job.Not only does it simplify is also used to capture labor time and only reduces sound and vibration, payroll, but ExakTime allows QE to track production units, and helps facilitate but also enhances job performance. labor to keep projects moving forward. safety training and weekly safety talks. øTrimbleCATAAGERS. ExakTmeVesta"Ji)An Company ill I''',... 1 At v At a re f l a r5 /1 , Y.- i' _iv.A.,ay6:Sk0wY TRIMBLE SITEWORK HCSS GPS TRACKING HEAVY EQUIPMENT 3D TECHNOLOGY Managing QE's fleet of equipment is always Within QE's advanced equipment fleet QE machines are fully equipped with site a priority.With crews working throughout is the Caterpillar NEXT Generation positioning systems for machine grading the Southest United States,it's important to Excavator with built in CAT grade and and 3D technology. QE has invested know where our equipment is at all times. slope technology. This machine was in Trimble sitework technology, a site With HCSS GPS,QE can track and monitor further upgraded to utilize a Trimble Total modeling program that leads to savings the location, usage hours, preventative Station which ensures the highest level of in material usage and manpower and maintenance, and performance data accuracy on projects and provides images improves accuracy from the ability to on all equipment. This allows the when satellites (GPS) are not available perform "as-built checks" or changes logistics team to effectively relocate our due to overhead obstruction. Many of on the fly. Trimble technology allows resources where we need them the most. QE's machines including CAT Dozers, QE to achieve millimeter accuracy with Motor Graders, and Pavers are also GPS fewer passes and no manual staking, enabled. The integrated GPS receivers and 3D site models yield detailed communicate with the base site station progress and material movement reports. and can control blade or bucket movement.35 Page 1932 of 5419 Q..TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant r HQLC' 3MBE h HOLCOMBE MIXERS HM1OHa —.., 4, s QE prides itself on self-performance. With industry N I° Ii ,I,.,°, Z.,L4"i', v leading equipment, advanced technology, and a highly w , r skilled team, QE completes all projects, including s concrete paving,in-house at the highest level of quality.fir' To ensure that standards are met QE uses Holcombe e Mixers' HM1OH, a Volumetric Concrete Mixer that has a load capacity of 10-cubic yards. Volumetric Concrete Trucks will allow QE to mix specific amounts A - of concrete with no waste or short load charges on er the TIGER Grant Design-Build Project. This mobile d , concrete mixer is prepared for all jobs but it's sleek and refined design makes it an excellent accompaniment x ' . to smaller, more confined spaces, narrow roads, ands. , residential areas where other mixers can't easily travel. QE's fleet includes(6)Volumetric Concrete Trucks,and M"` ; the team will dedicate vehicles to this project to avoid ' t supplier and scheduling delays. This, in combination s ' = 1 . with QE's on-site Equipment/Material yard,sets the QE r GradyMinor team apart from the others. it I A t,-, tot 1, ;$1 r CF v .. r, 9 yYA' R i yy j fr N rr11 s._ M,. rraw... w •_. +' fir i. 'C," n' f .+" S iF-d• m.,. mom` till tee MIXER STATS E*, VARIABLE CEMENT CONTROL SYSTEM ALLOWS FOR i SWIFT CHANGES BETWEEN MIX DESIGNS 1 PRODUCTION RATE OF 60-CUBIC YARDS PER HOUR ` X — ROLL& POUR CAPACITY 1z /; t-, " 7 a Page 1933 of 5419 TECHNICAL INFORMATIONMN RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant vv WI RTG E N AUTO PILOT-EFFICIENT STRINGLESS CONTROL -- i SYSTEM 1 1 r i 4' .1 -. pYrRiG6M c F. I s i5"„ B F. S B A 1S .3 44 4 "FiC r+« " —_"' ,,fir. DRIVING& STEERING FLEXIBLE OFFSET MOLD SYSTEM THAT FITS WITHIN SYSTEM FIELD REQUIREMENTS Unparalleled, 1 Multifunctional With the use of OE's Wirtgen SP 25i Slipform Offset & Inset Paver Concrete Paver. forming and stripping sidewalks will be virtually eliminated on Paves varying monolithic profiles up to 6-ft,the TIGER Grant Design-Build Project. This 7-inch in thickness and concrete surfaces up towillsaveasignificantamountoftime, and 12-ft in width. ultimately reduce cost for the County. The compact SP 25i slipform paver is an versatile machine for high quality concrete paving. In 40 Up to two hydraulic parallelogram swing arms in addition to a wide variety of different offset front and two hydraulically telescoping crawler profiles, the SP 25i will achieve perfection in units in rear. paving sidewalks of varying widths as well as slipforming gravity walls as required on vtoIntelligent, electronic steering the SP25i can turn this Design Build Project. The SP 25i sets through tight angles making it highly versatile for new standards in efficiency, and electronic any job. steering and control technology ensures full compliance with the specified requirements.Can be controlled through stringline scanning, Autopilot 2.0,or 3D Apps. ti Page 1934 of 5419 Q-TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant MEET QE'S SAFETY TEAM It. PROJECT SAFETY PLAN QE maintains a real-time safety program and continuously implements new cutting- edge safety measures. Employee involvement is key to company success, and QE prioritizes on-going safety training programs throughout the year.QE works diligently 1 to reduce and eliminate exposure to employees,subcontractors,and the public. QE works with Safe Site Consulting, Inc. to oversee all company safety measures. t.a p, Established in 1999,Safe Site successfully provides safety consulting and training to Mt" various construction companies throughout FL. QE recently updated the company's written Safety Manual and holds safety trainings for: Excavation Safety, Confined i Space Entry and Rescue,Rigging Safety, MOT,and Tool Safety to name a few. David KelleyQE also provides proper, maintained, and specialized safety equipment to each Safe Site Conk tj working crew. Personal Protective Equipment (PPE) is provided to each employee and safety policies are strictly enforced. Weekly safety inspections are completedMr.Kelley provides safety consulting and training to personnel at all job sites.He completes weekly at various QE construction sites/ maintenance facilities to ensure OSHA safety site safety reviews to ensure that crews utilize proper equipment and procedures and facilitates compliance and weekly safety meetings are also completed by each working crew. monthly classes on a variety of items,such as overhead power lines,manholes,and ladder safety. y}r, K t a p lF f , ' ' `' ta'R r "F SAFETY IS INGRAINED IN OUR CULTURE. a 3- ,.,a " - a mgg 2,..‘ h .3/ k 1 4IC 4 :,',. •• 1 1 4 r `at ' 'c' 4 t 3.• i.tin* f al t wV 4 ., x a,4 z ' 4Y 3 t'' jj ) ddttF a k w F, i . 4, .,,t i . - t, A P,,,,„ 1, 4TM k' a , " Mang , P;I QEIM , QE PRIORITIZES SAFETY FOR COLLIER COUNTY'S IMMOKALEE AREA Margarita Negron has 20+years of IMPROVEMENTS-TIGER GRANT DESIGN-BUILD PROJECT AND WILL ADHERE construction industry experience.Mrs.Negron TO THE FOLLOWING SAFETY PROTOCOLS: enforcesacts, complianced with govsets anmentd regulations, MAINTENANCE OF TRAFFIC:The safety of construction crews,vehicular traffic,andacts,and standards.She sets and reviews health and safety guidelines in order to minimize pedestrians within the work zone are of utmost importance. QE's Safety Committee accidents and injuries. consisting of field personnel,management,and Safe Site Consulting)will collaborate with Bob's Barricade on MOT plans to provide a secure and safe environment for all involved. QE crews are certified FDOT Flaggers. Approved traffic safety devices will be inspected and maintained before and during each work shift,as well as confirming that all devices are set in place per approved plans. TRENCH SAFETY: Trenches more than 5' in height will be shored, laid back to a stable slope, or provided with other equivalent protection to prevent cave ins. Trenches less than 5' will be examined for soil conditions and bracing systems by qualified personnel.Ladders used as access ways shall extend from the bottom of the trench to 3'above the surface and will be spaced no greater than 25'. t ELECTRICAL WORK: Electrical work will be completed by certified electricians. Controlling hazardous energy(Lockout/Tagout)will be mandated during any hot work and overhead electrical powerlines will be identified at the start of the project. QE 1._will contact FPL to identify the voltage and proper clearance for work operations.Ise Cad Employees are trained to evaluate their work zone and comply with OSHA standards.QE I Project Adminis 'a't . Ise Carreras facilitates all EEO compliance and training for QE personnel.She also assists with QE has proven that when management and field personnel work as a team,a continued safety education for construction crews productive company safety program is established and produced."by overseeing the weekly toolbox talks,and is responsible for submitting project permits and revisions. 38Page 1935 of 5419 Q TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant WHY QE + GRADYMINOR I PROJECT REQUIREMENTS & RELEVANT EXPERIENCE PROJECT REQUIREMENT .: 2. 20-Miles of Concrete Sidewalks QE has constructed over 50-miles of concrete sidewalks in SWFL.Additionally,QE owns and operates six 10 CY)Volumetric Concrete Trucks to provide onsite batching for this Design-Build Project. I-Mile of Shared-Use Path QE has constructed over 20-miles of Multi-Use Asphalt Pathways. 20-Miles Upgraded Drainage,Ditch&Swales QE has constructed over$200M worth of drainage/ditch and swales in Collier County. 32 Intersection Enhancing Treatments at QE has significant experience with intersection enhancement projects.Trebilcock Consulting Solutions,PA Priority Intersections has also joined the QE+GradyMinor team exclusively,a group who specializes in transportation engineering and roadway design services in the local area. Enhanced Bus Stop Amentities&Construction QE has installed many bus shelters(including shelters,benches,and bike racks,)specifically for Collier Area of a Bus Transfer Station Transit(CAT). Comprehensive Lighting Improvement Plan QE has successfully completed several local projects that included lighting improvements. Additionally, Including 5-Miles of Streetlights team member Trebilcock Consulting Solutions,PA specializes in Street&Site Lighting Design. 5-Mile Neighborhood Bike Boulevard Network QE has successfully completed several projects that included pedestrian and bike access. Alta has also exclusively joined the QE+GradyMinor team,who assisted Collier County with preparation of the TIGERwithTrafficGrantandspecializeinBikeBoulevardDesign. ADDITIONAL PROJECT ELEMENTS REL. k' ` 2 ° - ` 0 i is Grant Funded Projects QE has completed over$130M worth of Grant Funded Projects and are skilled with completing the vast amount of required paperwork. Collaboration with the Immokalee CRA QE worked with the Immokalee CRA on the $5M Immokalee Drive Stormwater&Sidewalk Improvement Project.QE is familiar with the Town of Immokalee and understands the sensitivities of local residents. Experience with Immokalee Water&Sewer QE has completed several million dollars worth of lift station,sewer,watermain,and irrigation projects in Immokalee,FL. QE is familiar with the project area,as the company has not only completed several utility projects in the localProjectExperienceinImmokalee,FL area,but also completed runway/taxiway improvements at the Immokalee Regional Airport.GradyMinor has completed over 20 projects in Immokalee,as well. Sensitivity to Local Indian Reservation QE understands the extra measures taken when working on Native American land.In response,QE has a full time Archeologist and two Environmental Biologists on staff who currently work on Miccosukee Tribal Land. Survey Technology QE owns a survey grade drone (the Micro-Drone mdLiDAR3000) that creates topographic survey with millions of survey points within a days time vs.multiple weeks for traditional manual survey methods. I Lr 4 A " t s s III. ate funs t, *1] v x` nR yig .....y , < ""»,,.. ^., fir. `_` t s.4 ''-:.: ,. -,T,;„" ....„, ....- ri.,„`''''''':::7.-I ', a4"^ e` `''' j y Y yr. n. t xJ+ t 7. ,, n " i m 4 m i Page 1936 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant k. PHASED DESIGN & CONSTRUCTION EXHIBITS I AREA #1 INSET AR..a,.AYE w c • £ sNN ro Sotkedo RD .. AREA 4 AREA 2 r IMMOKALEE HIGH SCHOOL AREA 3 tt CONTINUED...SEE INSET AREA 1 Grnclyi1li or Co ffer County LEGEND Q.Grady Minor&Associates,PA Collier County Board of County Commissioners 3800 Via Del Rey Design Build Step 1 -Immokalee Area Improvements-Tiger Grant AREA 1 Bonita Springs,FL 34134 RFP No.20-7811 239.947.1144 SEPTEMBER 2021 0 500 800 % tO 40 e Page 1937 of 5419 anGus TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PHASED DESIGN & CONSTRUCTION EXHIBITS I AREA #2 INSET N 7 Al 040, rz //'//,fifilx.,4 Lake Trafford 7r hid AVE AREA 4 Camellia AVE I- • Mimosa AVE J c Santa Rosa AV, (/) o r U 0 z I mokaI e DR H Forrester AVE IMMOKALEE HIGH SCHOOL Z Roberts AVE W I— c in AREA 3 Z W Main CONTINUED...SEE INSET AREA 2 EIGridyNliiior Cotter Comity LEGEND Q.Grady Minor&Associates,PA Collier County Board of County Commissioners 3800 Via Del Rey Design Build Step 1 -Immokalee Area Improvements-Tiger Grant AREA 2 Bonita Springs,FL 34134 RFP No.20-7811 239.947.1144 SEPTEMBER 2021 0 aso 900 1.800 42) 41Page 1938 of 5419 N.Qom TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant kk PHASED DESIGN & CONSTRUCTION EXHIBITS I AREA #3 INSET Ar//„...., b, v or ,././74., 4,,0 AREA 2 Immokalee DR IMMOKALEE 1.n CDHIGHSCHOOL z I-- C` Roberts AVE W _ ,i§›AO w Ir w t M 1-- Z a Ill z `n 2nd AVE w Oak ST E CC c 0 0 Z Q Z W Ma in ST E Main ST C CONTINUED...SEE INSET AREA 3 Gl'i:Id}NlIllO1' eo le-" t+- Y Y"y- LEGEND Q.Grady Minor&Associates,PA Collier County Board of County Commissioners 3800 Via Del Rey Design Build Step 1 -Immokalee Area Improvements-Tiger Grant AREA 3 Bonita Springs,FL 34134 RFP No.20-7811 239.947.1144 0 450 900 1 800CI)SEPTEMBER 2021 ee Page 1939 of 5419 TECHNICALQINFORMATIONr RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant PHASED DESIGN & CONSTRUCTION EXHIBITS I AREA #4 INSET N r//://,A 4 s .c.c, c., e ee rS FO b,',4404 41, b63.:it,,ejle' t AT csb,, i . III O : f, s cv AL.4s dojo a' / , 41*Ci* 4...* AREA 2 I r t 1///it/IMMOKALEE 1 HIGH SCHOOL O f AREA 3 11 CONTINUED...SEE INSET AREA 4 ICGradyNii1101` t#er County LEGEND Q.Grady Minor&Associates,PA Collier County Board of County Commissioners 3800 Via Del Rey Design Build Step 1 -Immokalee Area Improvements-Tiger Grant AREA 4 Bonita Springs,FL 34134 RFP No.20-7811 239.947.1144 SEPTEMBER 2021 o aso 900 Faoo Page 1940 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant UNANIMOUS WRITTEN CONSENT IN LIEU OF THE 2021 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF QUALITY ENTERPRISES USA, INC. The undersigned, being all the directors of Quality Enterprises USA, Inc. Ithe 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 2021. 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 D rectors, or until their successors shall be r1. ly elected and qualified: Howard J. Murrell, Jr, President Louis J. Gaudio Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Director of Risk Management Howard J. Murrell, Ill Construction Technology Manager 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. Gaudic Vice President Allison B. Murrell Chief Information Officer/Asst Secretary Rachel S. Murrell Director of Risk Management Howard J. Murrell, Ill Construction Technology Manager Stacey L. Murrell Secretary RATIFICATION: All acts taken on behalf of the Corporation oy the Corporation's officers since the last meeting of the Board of Directors are hereby ratified and approved. MINUTES; This Unanimous Consent shall be filed with and become a part of the Minutes of the Corporation. Effective date: January 1, 2021 D t/6/ e2 signed Ho ard J. Murrell, Jr. QUALITY eA 0 ENTERPRISES 44 17",4.""*""Page 1941 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Governing Regulations The services performed by the Design-Build Firm shall be in compliance with all applicable Manuals and Guidelines including the Local Agency, Department, FHWA, AASHTO, and additional requirements specified in this document. Except to the extent inconsistent with the specific provisions in this document, the current edition, including updates, of the following Manuals and Guidelines shall be used in the performance of this work. Current edition is defined as the edition in place and adopted by the Local Agency at the date of advertisement of this contract with the exception of the Standard Specifications for Road and Bridge Construction (Divisions II & Ill), Special Provisions and Supplemental Specifications, Manual on Uniform Traffic Control Devices(MUTCD), Design Standards and Revised Index Drawings. The Design-Build Firm shall use the edition of the Standard Specifications for Road and Bridge Construction Divisions II & Ill), Special Provisions and Supplemental Specifications, Design Standards and Revised Index Drawings in effect at the time the bid price proposals are due in the Local Agency Office.The Design- Build Firm shall use the 2009 edition of the MUTCD (as amended in 2012). It shall be the Design-Build Firm's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this Project. The services will include preparation of all documents necessary to complete the Project as described in Section I of this document. 1. Florida Department of Transportation Design Manuals (FDM) http://www.fdot.qov/roadway/FDM/ 2. Florida Department of Transportation Design Standards https://www.fdot.gov/design/standardplans 3. Florida Department of Transportation Standard Specifications for Road and Bridge Construction Divisions II & Ill), Special Provisions and Supplemental Specifications https://www.fdot.gov/programmanagement/implemented/specbooks/ 4. Florida Department of Transportation Surveying Procedure 550-030-101 http://fdotwpl.dot.state.fl.us/ProcedureslnformationManagementSvsteminternet/FormsAndProce dures/ViewDocument?topicNum=550-030-101 5. Florida Department of Transportation EFB User Handbook (Electronic Field Book) http://www.fdot.gov/geospatial/doc pubs.shtm 6. Florida Department of Transportation Drainage Manual http://www.fdot.gov/roadway/Drainage/ManualsandHandbooks.shtm 7. Florida Department of Transportation Soils and Foundations Handbook http://www.fdot.gov/roadway/Drainage/Manualsand Handbooks.shtm 8. Florida Department of Transportation Structures Manual http://www.fdot.gov/structures/DocsandPubs.shtm 9. Florida Department of Transportation Current Structures Design Bulletins https://www.fdot.gov/structures/Memos/currentbulletins.shtm 10. Florida Department of Transportation Computer Aided Design and Drafting (CADD) Manual http://www.fdot.gov/cadd/downloads/publications/CADDManual/default.shtm 11. Instructions for Design Standards (Refer to Part I, Chapter 115, FDM) http://www.fdot.gov/roadwav/FDM/ 12. AASHTO —A Policy on Geometric Design of Highways and Streets https://bookstore.transportation.orq/collection detail.aspx?ID=110 ATH 3a-1 Page 1942 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 13. MUTCD—2009 (or later) http://mutcd.fhwa.dot.qov/ 14. Safe Mobility For Life Program Policy Statement http://www.fdot.qov/traffic/TrafficServices/PDFs/000-750-001.pdf 15. Traffic Engineering and Operations Safe Mobility for Life Program http://www.fdot.qov/traffic/TrafficServices/SafetyisGolden.shtm/ 16. Florida Department of Transportation American with Disabilities Act (ADA) Compliance—Facilities Access for Persons with Disabilities Procedure 625-020-015 https://fdotwp1.dot.state.fl.us/ProcedureslnformationManagementSysteminternet/?viewBy=0&pro cType=pr 17. Florida Department of Transportation Florida Sampling and Testing Methods http://www.fdot.gov/materials/administration/resources/library/publications/fstm/disclaimer.shtm 18. Florida Department of Transportation Flexible Pavement Coring and Evaluation Procedure http://www.fdot.gov/materials/administration/resources/library/publications/materialsmanual/docu ments/v1-section32-clean.pdf 19. Florida Department of Transportation Design Bulletins and Update Memos http://www.fdot.qov/roadway/Bulletin/Default.shtm 20. Florida Department of Transportation Utility Accommodation Manual http://www.fdot.qov/programmanagement/utilities/Default.shtm 21. AASHTO LRFD Bridge Design Specifications https://bookstore.transportation.orq/category item.aspx?id=BR 22. Florida Department of Transportation Flexible Pavement Design Manual http://www.fdot.gov/roadway/PM/publicationS.shtm 23. Florida Department of Transportation Rigid Pavement Design Manual http://www.fdot.gov/roadway/PM/publicationS.shtm 24. Florida Department of Transportation Pavement Type Selection Manual http://www.fdot.gov/roadway/PM/publicationS.shtm 25. Florida Department of Transportation Right of Way Manual http://www.fdot.qov/rightofway/Documents.shtm 26. Collier County Right-of-Way Permitting Handbook https://www.colliercountyfl.qov/your-qovernment/divisions-a-e/development-review/right-of-way- row-permitting-and-inspection-section/right-of-way-row-ordinances-resolutions-and-row-pe 27. Florida Department of Transportation Traffic Engineering Manual http://www.fdot.qov/traffic/TrafficServices/Studies/TEM/tem.shtm 28. Florida Department of Transportation Intelligent Transportation System Guide Book http://www.fdot.gov/traffic/Doc Library/Doc Library.shtm 29. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications http://www.fhwa.dot.qov/engineerinq/qeotech/pubs/reviewquide/checklist.cfm ATH 3a-2 A() Page 1943 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 30. AASHTO Guide for Geometric Design of Very Low-Volume Local Roads (ADT < 400) https://store.transportation.orq/Item/PublicationDetail?ID=1209&gclid=EAlaIQobChMlsbC hOr33 gIVxluGCh36kwc-EAkYASABEgJvN D BwE 31. AASHTO Guide for the Development of Bicycle Facilities https://store.transportation.org/item/collectiondetail/116 32. Federal Highway Administration Hydraulic Engineering Circular Number 18 (HEC 18). http://www.fhwa.dot.gov/engineering/hydraulics/library arc.cfm?pub number=17 33. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http://www.fdot.gov/roadway/FloridaGreenbook/FGB.shtm 34. Florida Department of Transportation Project Development and Environment Manual, Parts 1 and 2 http://www.fdot.qov/environmentipubsipdemanipdeman1.shtm 35. Florida Department of Transportation Driveway Information Guide http://www.fdot.qov/plan ning/systems/programs/sm/accman/pdfs/driveway2008.pdf 36. AASHTO Highway Safety Manual http://www.hiqhwaysafetymanual.orq/Paqes/defaultaspx 37. Florida Statutes http://www.leq.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Ta%20b=st atutes&CFID=14677574&CFTOKEN=80981948 38. Collier County Vertical Standards https://www.colliercountyfl.qov/home/showdocument?id=86056 ATH 3a-3olitt Page 1944 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL HIGHWAY ADMINISTRATION CFDA 20.933 NATIONAL INFRASTRUCTURE INVESTMENTS CONTRACTOR OVERVIEW AND COMPLIANCE The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this engagement only. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. STATUTORY AUTHORITY USDOT Consolidated Appropriations Act, 2017 Title 23, U.S.C. —Federal-Aid Highways 2 C.F.R. Part 200 By entering into this agreement, the Contractor assures and certifies that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the County, and any applicable subcontractor. The applicable provisions to this agreement include, but are not limited to, the following: ATH 3a-4 Page 1945 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third- party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals,claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter. [Examination of Records (U.S.C. 49 § 5325(g).] 2. ACCESSIBILITY (Americans with Disabilities ACT) Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42 U.S.C. § 12101 et seq.; DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37; and Joint Access Board/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments. 3. AWARD AND EXECUTION OF CONTRACT (METHOD OF BIDDING) See RFP - Design Build Step 1 — Instructions: 9. Method of Source Selection. 4. BONDING REQUIREMENTS Applies to Subcontracts at Every Tier.) Upon award, furnish to the Agency, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Agency. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Agency, and has the Agency's approval. Ensure that the surety's resident agent's name, address and telephone number is clearly stated on the face of the Contract Bond. 5. BUY AMERICA AND FOREIGN CONTRATOR AND SUPPLIER RESTRICTION: Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size,or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pre-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1 ATH 3a-5 if) Page 1946 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES of the total Contract amount or$2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at$(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 6. BYRD ANTI-LOBBYING AMENDMENT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. See FHWA-1273, Section Xl. 7. CERTIFICATION OF CURRENT CAPACITY The Contractor must certify that he/she has the financial capacity to complete the project. 8. CHANGE ORDERS See Exhibit C Design Build Step 1: GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST; EVALUATION CRITERIA NO. 2: PAST PERFORMANCE; See Exhibit A Design-Build Agreement, Exhibit H General Terms and Conditions, Section 12 Changes in the Work. This project is considered a Project of Division Interest (PoDI) by FHWA and as such all change orders will require review and approval by FHWA prior to execution. This requirement is in addition to the County's general terms and conditions related to change orders. 9. CLAIMS AND DISPUTES See Design-Build Agreement ARTICLE 12. 10. CLEAN AIR ACT / FEDERAL WATER POLLUTION CONTROL ACT The Contractor shall comply with this provision, which applies to construction contracts of amounts in excess of $150,000, and incorporated in Form FHWA-1273, Section IX. 11 . CONFLICT OF INTEREST 23 CFR 1.22; 23 CFR 172.7(b)(4) applies to this contract. (See Certification.) 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Provision is applicable to Federal-aid construction contracts in excess of$100,000; see language in form FHWA-1273. 13. CONTRACTOR PURCHASED EQUIPMENT FOR STATE OR LOCAL OWNERSHIP Provision excluded from this contract. 14. COPELAND "ANTI-KICKBACK" ACT 18 U.S.C. 874 Applies to construction contracts in excess of $2,000.) The Contractor shall comply with 18 U.S.C. 874, as supplemented in Department of Labor regulations (29 CFR Part 3). See Contract Provision provided in form FWHA-1273, Section IV. 15. DAVIS-BACON ACT (FEDERAL PREVAILING WAGE RATE REQUIREMENTS) 40 U.S.C. §§ 3141, et seq., as applicable under 23 U.S.C. 113, Title 23. See Contract Provision provided in form FWHA-1273, Section IV. ATH 3a-6 Page 1947 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 16. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) See form FHWA-1273, Section X.) The Contractor shall comply and facilitate compliance with Executive Orders 12549 and 12689 and U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e)Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 17. DEPARTMENT OF LABOR EEO CONDITIONS The Contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note. 60-4.2(d) Pursuant to 41 CFR 60-4.2(d),the following notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of 10,000 to be performed in geographical areas designated by the Director pursuant to §60-4.6 of this part see 41 CFR 60-4.2(a)): NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION To ENSURE EQUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Time- Goals for minority participation for each Goals for female participation in each tables trade trade 17.1% 6.9%. ATH 3a-7 Page 1948 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regulations in 41 CFR part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4.As used in this Notice, and in the contract resulting from this solicitation,the"covered area" is(insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978, as amended at 45 FR 65977, Oct. 3, 1980] 18. DISADVANTAGED BUSINESS ENTERPRISE (DBE) AND BID OPPORTUNITY See Exhibit B.4"Federal Certifications and Assurances" and Section 29 Federal Contract Provisions. The Contractor shall comply with applicable solicitations and contracts as defined in the State's approved DBE program. The Contractor will submit an Anticipated DBE Participation Statement and a Bidders Opportunity List. The Florida Department of Transportation began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT currently has an overall program goal of 10.65% goal it must achieve. 19. DOMESTIC PREFERENCE FOR PROCUREMENTS 200.322; 23 U.S.C. §313; 23 C.F.R. §635.410 a)As appropriate and to the extent consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. ATH 3a-8 0 Page 1949 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 20. ENERGY EFFICIENCY The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). 21. EQUAL EMPLOYMENT OPPORTUNITY These requirements apply to construction subcontracts of $10,000 or more [not including contracts for supplying materials].) 23 C.F.R. Part 230 41 CFR Chapter 60; 60-1.4(b); 60-1.4(d) as referenced in FHWA-1273. During the performance of this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. The Contractor shall include a Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) in all solicitations on all federally assisted construction contracts or subcontracts in excess of $10,000. (See DOL's Technical Assistance Guide for Federal Construction — Appendix E.) Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex,or disability and to promote the full realization of equal employment opportunity through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color, national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Equal Employment Opportunity Officer: The Contractor will designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer)who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees, the notation, An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: a. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. ATH 3a-9 CAO Page 1950 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES c. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence, if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. d. Investigate all complaints of alleged discrimination made in connection with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation, inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: a. The number of minority and non-minority group members employed in each work classification on the project. b. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities(applicable only to Contractors who rely in whole, or in part, on unions as a source of their work force). c. The progress and efforts being made in locating, hiring, training qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. d. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Federal Highway Administration. Upon request, submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by this Contract work. 22. EQUIPMENT RENTAL RATES 48 CFR Part 31 For any machinery or special equipment(other than small tools), including fuel and lubricant,the Contractor will receive 100% of the "Rental Rate Blue Book"for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition(as of the date the work to be performed begins)of the"Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by_Machinery Information Division of PRIMEDIA information, Inc. (version current at the time of bid), using all instructions and adjustment contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%, b. Allowable Hourly Operating Cost= Hourly Operating Cost x 100%. c. Allowable Rate per Hour=Allowable Hourly Equipment Rate +Allowable Hourly Operating Cost. d. Standby Rate =Allowable Hourly Equipment Rate x 50%. The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight hours or more. Standby payment ATH3a-10 CAO Page 1951 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. 23. E-VERIFY The Contractor shall utilize the U.S. Department of Homeland Security's EVerify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. The Website for E-Verify is: http://www.uscis.gov/e-verify See Step 1: Exhibit C Design Build Instructions Form 1 - Section 35— Immigration Law Affidavit Certification. See Step 1: Exhibit A Design Build Agreement Exhibit H General Terms and Conditions, Section 14 24. FEDERAL ENDANGERED SPECIES ACT AND OTHER WILDLIFE Contract/Bid must include references to the FDOT's Division 1 Standard Specifications for Local Agencies to ensure compliance of the Contractor's proposed staging/storage area with the Endangered Species Act, Section 4F and Section 106 of the Code of Federal Regulations. 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department's investigation determines that there is a potential impact to a protected, threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed on the plans or in permits as identified in 7-2.1. In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, the Department has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/files/endangeredwildlifeguidelines.p df Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Provide this notification sufficiently in advance of planned commencement of the off-site activity, to allow a reasonable period of time for the Engineer to conduct an investigation without delaying job progress. Do not perform any off-project activity without obtaining written clearance from the Engineer. In the event the Department's investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify ATH3a- 11 CM) Page 1952 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off-project activities. 7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f)of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off-project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area,wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity, the Financial Project ID,the location of the site by township, range, section, a county or city map showing the site location and including the access route and the name of the property. It is the Contractor's responsibility to provide justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Provide this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off-project activity without obtaining written clearance from the Engineer. 25. FEDERAL FAIR LABOR STANDARDS ACT (FLSA) 29 U.S.C. §§201, et seq. The Contractor shall comply with FLSA, which establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. 26. FHWA FORM 1273* The FHWA 1273 Electronic Version, dated May 1, 2012 is posted on the Department's website at the following URL address: http://www.fdot.qov/programmanagement/Implemented/URLinSpecs/files/FHWA1273.pdf Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850)414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. 27. FOREIGN CONTRACTOR AND SUPPLIER Proposal may not limit this project to domestic-owned contractors only. 28. INCENTIVE/DISINCENTIVE CLAUSES (PROJECT SPECIFIC) Provision excluded from this contract. 29. INDIAN PREFERENCE ON FEDERAL-AID PROJECTS (LABOR & EMPLOYMENT) Provision excluded from this contract. 30. LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. EQUAL EMPLOYMENT OPPORTUNITY(TITLE VI ASSURANCE-DOT 1050.2, Appendices A and E) REV 10-23-12) (FA 11-15-12) (7-13) Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal ATH 3a- 12 CM) Page 1953 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13(b), the Contract Collier County signs with the Contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: "The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: a. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. b. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. c. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1.Anticipated DBE Participation Statement-within 3 business days after the Pre-Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: a. the procedures adopted to comply with these Specifications; b. the number of subordinated Contracts on Department projects awarded to DBEs; c. the dollar value of the Contracts awarded to DBEs; d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; e. a description of the general categories of Contracts awarded to DBEs; f. the specific efforts employed to identify and award Contracts to DBEs. ATH 3a-13 CAl) Page 1954 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example. a. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work)will be counted as DBE credit. b. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function,the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 31 . LIQUIDATED DAMAGES See Design Build Agreement: Article 7: Contract Time and Liquidated Damages 32. LOCAL GOVERNMENT PROMPT PAYMENT ACT CAS) ATH 3a-14 Page 1955 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Contractor acknowledges that construction services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds are subject to federal grantor laws and regulations or requirements. See F.S. Chapter 218.735 (8)(a-h) Local Government Prompt Payment Act. 33. LOCAL PREFERENCE (LOCAL/STATE HIRING PREFERENCE) Provision excluded from this contract. 34. NATIONAL HISTORIC PRESERVATION ACT OF 1966 Section 106 - 54 U.S.C. § 306108 and F.S 267.031 are applicable to this contract. 35. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicable to all contracts.) The federal government shall not be subject to any obligations or liabilities to any third-party Contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of this contract. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third-party contract, the federal government continues to have no obligations or liabilities to any party, including the third-party Contractor. 36. NON-COLLUSION (CERTIFICATION) 23 CFR 635.112(f) The Contractor shall certify through the appropriate State form the following non-collusion provision as follows: Each bidder shall file a statement executed by, or on behalf of the person, firm association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint, of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. See Exhibit B4: Federal Contract Provisions and Assurances FDOT Form 575-06-013. 37. OFF-SITE STORAGE AND STAGING AREAS The Contractor will comply with applicable Sections of the Standard Specifications including the Endangered Species Act proposed staging/storage area, Section 4F and Section 106 of the Code of Federal Regulations. 38. ON-THE-JOB TRAINING REQUIREMENTS As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide On-The-Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that,when feasible, 25%of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: A) No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days; and, B) If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required ATH 3a-15 CAO Page 1956 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 2,000,000 or less 0 Over$2,000,000 to $4,000,000 2 Over$4,000,000 to $6,000,000 3 Over$6,000,000 to $12,000,000 5 Over$12,000,000 to $18,000,000 7 Over$18,000,000 to $24,000,000 9 Over$24,000,000 to $31,000,000 12 Over$31,000,000 to $37,000,000 13 Over$37,000,000 to$43,000,000 14 Over$43,000,000 to$49,000,000 15 Over$49,000,000 to $55,000,000 16 Over$55,000,000 to $62,000,000 17 Over$62,000,000 to $68,000,000 18 Over$68,000,000 to $74,000,000 19 Over$74,000,000 to $81,000,000 20 Over$81,000,000 to $87,000,000 21 Over$87,000,000 to $93,000,000 22 Over$93,000,000 to $99,000,000 23 Over$99,000,000 to $105,000,000 24 Over$105,000,000 to $112,000,000 25 Over$112,000,000 to $118,000,000 26 Over$118,000,000 to$124,000,000 27 Over$124,000,000 to$130,000,000 28 Over$130,000,000 to One additional trainee per$6,000,000 of estimated Construction Contract amount over$130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On-The-Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: 1. When a start date on the approved On-The-Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary Termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A"banked" trainee is described as an employee who has been trained on a project, over and above the established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. ATH 3a- 16 Page 1957 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4. Credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the Contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees)to the extent such persons are available within a reasonable area of recruitment. If a non-minority male is enrolled into the On-The-Job training Program, the On- The-Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate against any applicant for training,whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status or have been employed as a journeyman. The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used,the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract.Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On-The-Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators, etc.,where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract ATH 3a-17 CAO Page 1958 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On-The-Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub-phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On-The-Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 39. OWNER FORCE ACCOUNT/COST-EFFECTIVE JUSTIFICATION Provision excluded from this contract. 40. PATENTED/PROPRIETARY MATERIALS The Owner certifies that neither patented nor proprietary material are required or specifically named in the specifications to be used for this project. 41. PREQUALIFICATION PROGRAMS FOR CONTRACTORS 23 CFR 635.110(c): Under this Agreement, the Contractor shall obtain the required prequalification rating as a condition for submission or award of contract only if the period between the date of issuing a call for bids and the date of opening of bids affords sufficient time to enable a bidder to obtain the required prequalification rating." c) No contractor shall be required by law, regulation, or practice to obtain a license before submission of a bid or before the bid may be considered for award of a contract. This, however, is not intended to preclude requirements for the licensing of a contractor upon or subsequent to the award of the contract if such requirements are consistent with competitive bidding. Prequalification of contractors may be required as a condition for submission of a bid or award of contract only if the period between the date of issuing a call ATH 3a- 18 Page 1959 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES for bids and the date of opening of bids affords sufficient time to enable a bidder to obtain the required prequalification rating." 42. PREVAILING MINIMUM WAGE Unless Exempted by the Florida Department of Transportation) Be familiar with the reference, "Legal Requirements and Responsibility to the Public - Wage Rates for Federal—Aid Projects, revised (01/2014). For construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a case by case basis upon review and approval from the Florida Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) FL20210110 06/18/2021 Heavy and FL20210201 07/09/2021 Building, as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineer's Office. For guidance on requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Wage Rate Coordinator, at 850) 414-4492, if the Department's website cannot be accessed or there are questions. 43. PROCUREMENT OF RECOVERED MATERIALS § 200.323 The Contractor shall comply with section 6002 of the Solid Waste Disposal Act as appropriate, EPA Guidelines. 44. PROGRESS PAYMENTS/ESTIMATES See Exhibit C Design Building Step 1 Instructions Form, Section 20. Payment Method. Step 1 - Exhibit A Design Build Agreement General Terms and Conditions. Step 1 - Exhibit H, 4 Progress Payments. See Step 2 Design Build Agreement: Exhibit D and Exhibit H. 45. PROHIBITION AGAINST CONVICT PRODUCED MATERIALS AND LABOR FHWA policy prohibits the use of convict labor and material for projects located on Federal-aid highways. 23 CFR § 635.117 Labor and Employment. (a) (2018) No construction work shall be performed by convict labor at the work site or within the limits of any Federal-aid highway construction project from the time of award of the contract or the start of work on force account until final acceptance of the work by the STD unless it is labor performed by convicts who are on parole, supervised release, or probation. materials are prohibited from use on the Federal-aid highway system, except that"Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway construction project if such materials have been: 1. Produced by convicts who are on parole, supervised release, or probation from a prison or 2. Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal-aid highway construction does not exceed the amount of such materials produced in such facility for use in Federal-aid highway construction during the 12-month period ending July 1, 1987." ATH 3a- 19 Page 1960 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 46. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT The Contractor is prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 47. PUBLIC ACCESS TO PUBLIC RECORDS See Design Build Agreement Article 10. 48. PUBLIC AGENCIES IN COMPETITION WITH THE PRIVATE SECTOR The County does not allow other Public Agencies to compete with, or bid on, construction projects against the private sector. 49. PUBLIC ENTITY CRIMES STATEMENT See Step 1: Exhibit C Design Build Instructions Form 1 - Section 31 — Public Entity Crime. See Design Build Agreement Article 22 50. PUBLICLY-OWNED EQUIPMENT The County does not allow Contractors the use of publicly owned equipment. 51. REMEDIES FOR BREACH OR VIOLATION OF CONTRACT TERMS Required for all contracts in excess of $150,000 and must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 52. SALVAGE CREDITS Provision excluded from this contract. 53. STANDARDIZED CHANGES CONDITIONS CONTRACT CLAUSES Differing site conditions: I. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. II. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. III. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. IV. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of Work Ordered by the Engineer: C AO ATH 3a-20 Page 1961 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES I. If the performance of all, or any portion, of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay,the contractor shall submit to the engineer, in writing, a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. II. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract, in writing, accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. III. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. IV. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant Changes in the character of Work: I. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. II. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for, or against, the contractor in such amount as the engineer may determine to be fair and equitable. III. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. IV. The term "significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 54. STATE OF FLORIDA STATUTES Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with 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 ATH 3a-21 Page 1962 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 55. STATE - (FLORIDA OR OTHER) - PRODUCED MATERIALS Provision is excluded from this contract. 56. STATE/LOCAL OWNED/FURNISHED DESIGNATED MATERIALS Provisions are excluded from this contract. All materials required for this project shall be furnished by the contractor. Projects located on the National Highway System shall require FHWA approval for direct purchase of materials. 57. SUBCONTRACTING FHWA 1273 requires the prime contractor to perform 30% of work on NHS projects. See Design Build Agreement Exhibit H, 29 Subcontracts I. GENERAL 1. FHWA 1273 Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the County O iqiatu 6encty/ImbfittAPt.s in excess of $10,000.) See Step 1: RFP; Design Build Instructions Form 1 - Section 26—Termination. See Step 2: Design Build Agreement -Article 17 and Article 18. 58. TERMINATION OF CONTRACT ATH 3a-22 CAO Page 1963 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 59. TEXT MESSAGING WHILE DRIVING Financial Assistance Policy to Ban Text Messaging While Driving) a. Definitions. As used in this clause- Driving" - Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging" - means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. b. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. c. The Contractor should- i. Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. ii. Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. d. Sub-agreements/sub-contracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all sub-agreement/subcontracts that exceed the micro-purchase threshold. 60. TIME EXTENSIONS See Step 1: Exhibit A: General Terms and Conditions—Section 11; Contract Times and Time Extensions. 61. TITLE VI REQUIREMENTS The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. During the performance of this Contract, the contractor, for itself, its assignees, and successors in interest hereinafter referred to as the "Contractor") agrees to the following: 1. Compliance with Regulations: The Contractor shall comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors. This includes obtaining materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. ATH 3a-23 C Page 1964 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives. He/she shall also permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Collier County and the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, Collier County will impose contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate. Sanctions may include, but are not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies; and/or, b. cancellation, termination or suspension of the contract in whole, or in part. 6. Incorporation of Provisions: The contractor shall include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor shall take action on any subcontract or procurement that Collier County or the Florida Department of Transportation, the County or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration directs in order to enforce provisions including sanctions for non-compliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 62. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 42 U.S.C. §§4601, et seq. Provisions under Subpart D — Payments for Moving and Related Expenses — may be applicable to the contract. 63. WARRANTY CLAUSES See Design Build Agreement Exhibit H General Terms and Conditions—Section 17 Warranty 64. APPENDIX E Pertinent Non-Discrimination Authorities) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the"contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); ATH 3a-24 Page 1965 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131— 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100). ATH 3a-25 2 Page 1966 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES THE CONTRACTOR CERTIFIES THE FOLLOWING STATEMENTS Non-Collusion Provision The undersigned hereby certifies,to the best of his or her knowledge and belief,that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. Complete Federal Certifications and Assurances FDOT Form 575-06-013 Lobbvinq Certification The undersigned hereby certifies, to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying", in accordance with its instructions. c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." Complete Federal Certifications and Assurances Disclosure for Lobbyinq Activities Suspension and Debarment The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and d) has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. ATH 3a-26 CM) Page 1967 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Complete Federal Certifications and Assurances Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions ATH 3a-27 Page 1968 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FHWA FORM 1273 See following pages for this document. FHWA form 1273 must be included in all subcontracts. FHWA Form 1273 must not be modified from its original version. ATH 3a-28 Page 1969 of 5419 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973, as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider.1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under ATH 3a-29 1 Page 1970 of 5419 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement:applicants may be referred to the contractor for employment consideration. It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include:contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type, including hiring, upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion, layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees.such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are AO ATH 3a-30 2 Page 1971 of 5419 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color, religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. 1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, 2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union 3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency.to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor ATH3a-31 c,/+p 3 Page 1972 of 5419 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification 10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class oftimeclocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve anorsingle-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as iii)The proposed wage rate,including any bona fidelocalroadsorruralminorcollectors,which are exempt. fringe benefits,bears a reasonable relationship to theContractingagenciesmayelecttoapplytheserequirementsto other projects. wage rates contained in the wage determination. The following provisions are from the U.S. Department of 2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less 3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or ATH 3a-32 eq 4 Page 1973 of 5419 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the 4)The wage rate(including benefits plan or program has been communicated in writing to the appropriate)determined ing fringeto where.( 2)or laborers or mechanics affected,and records which show the appro)of thissecrion,shallpursuantb paid to allparagraphsworphs performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls toequivalentthereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program, Provided,That the Secretary of e.g. ,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, 2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shalllaborerormechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and during apprentice,ylland trainee)employedtheh full the contract preserved for a period of three years thereafter for all laborers during the earned, period has been paid weekly wages without rebate,either directly or indirectly, and mechanics working at the site of the work.Such records and that no deductions have been made either directly orshallcontainthename,address,and social security number of indirectly from the full wages earned,other than each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR of wages paid(including rates of contributions or costs part 3;anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- ATH 3a-33 5 Page 1974 of 5419 3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable 4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer beinspection,copying,or transcription by authorized representatives of the contracting agency,the State DOT,the permitted todutilizet apprenticesr ther atp less than theapplicable FHWA, or the Department of Labor,and shall permit such predetermined rate for work performed until an acceptable representatives to interview employees during working hours program is approved. on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment, advance,or permitted to work at less than the predetermined rate for theguaranteeoffunds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received priorbegroundsfordebarmentactionpursuantto29CFR5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan greatereym thanr the ratio approved by the Employment and Training Administration shallsiteinanycraftclassificationshallnotbe permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. Iapprenticewagerate,who is not registered or otherwise excess addition, f any traineeo rperformingedand work gin the job site a employed as stated above,shall be paid not less than the of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly ATH 3a-34 6 Page 1975 of 5419 d. Apprentices and Trainees(programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV.contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless suchFormFHWA-1273 in any subcontracts and also require the laboreror mechanic receives subcontractors to include Form FHWA-1273 in any lower tier than one and one-half timesthe compensation at a rate not less subcontracts.The prime contractor shall be responsible for the basic rate of pay for all hours w compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth in paragraph(1.)of this section,the contractor and anycontractclausesin29CFR5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract.guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9. Disputes concerning labor standards. Disputes arising calendar day on which such individual was required or out. of the labor nce ning provisions tan af this contraet shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours setfot payment iparagraph the( 1.)overtimethiswages required by the disputes shall be resolved in accordance with the procedures clause forth in of section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S. Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal for U.S.C. 1 statements subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. ATH 3a-35 CA() 7 Page 1976 of 5419 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts; however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T his pro v i s i o n is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall 23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it • equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance 1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees;health or safety,as determined under construction safety and 2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work 3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and 4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T his pro v i s i o n is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law, To prevent any necessary to assure the performance of the contract.misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4. No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is ATH 3a-36 CAO 8 Page 1977 of 5419 Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented;circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants:debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below.participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.ciov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this ATH 3a-37 9 Page 1978 of 5419 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings.submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause, are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower 1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into 2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," 3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a 4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httos://www.epls.gov/),which is Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the ATH 3a-38 10 Page 1979 of 5419 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal, Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed 100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. ATH 3a-39 Cp1CM-) Page 1980 of 5419 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification, (c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. ATH 3a-4011) 12 Page 1981 of 5419 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION See following pages for this document ATH 3a-41 A( Page 1982 of 5419 DOL WAGE DETERMINATIONS This solicitation/contract includes multiple types of construction. As such TWO (2) APPLICABLE WAGE DETERMINATIONS ARE APPLICABLE. The project is estimated to be approximately 90% Highway Infrastructure Construction sidewalks, lighting, streetscaping, improved drainage, traffic calming, intersection safety enhancements, bicycle facilities, bus stops) and 10% New Transit Transfer Station construction. Work to construct the Highway Infrastructure is classified as Heavy Construction and requires use of General Wage Decision Number FL20210110 06/18/2021 Work to construct the Transit Transfer Station Facility is classified as Building Construction and requires use of General Wage Decision Number FL20210201 07/09/2021 ATH3a-42 C10 Page 1983 of 5419 HIGHWAY INFRASTRUCTURE General Wage Decision Number FL20210110 06/18/2021 General Decision Number: FL20210110 06/18/2021 Superseded General Decision Number: FL20200110 State: Florida Construction Type: Heavy County: Collier County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol . gov/whd/govcontracts . ATH 3a-43 Page 1984 of 5419 Modification Number Publication Date 0 01/01/2021 1 04/09/2021 2 06/18/2021 ELEC0728-006 03/01/2021 Rates Fringes ELECTRICIAN 34 . 78 12 . 89 ENG10487-014 07/01/2013 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydraulic, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work) ; Gantry & Overhead Cranes; Hydraulic Cranes Over 25 Tons but not more than 50 Tons; Hydraulic/Friction Cranes; All Types of Flying Cranes; Boom Truck 29 . 05 8 . 80 Cranes with Boom Length Less than 150 Feet (With or without jib) ; Hydraulic Cranes 25 Tons & Under, & Over 50 Tons (With Oiler) ; Boom Truck 28 . 32 8 . 80 OPERATOR: Drill 25 . 80 8 . 80 OPERATOR: Oiler 22 . 99 8 . 80 IRON0272-005 10/01/2019 Rates Fringes ATH 3a-44 CAO Page 1985 of 5419 IRONWORKER, STRUCTURAL 25 . 79 13 . 34 LABO1652-004 05/01/2018 Rates Fringes LABORER: Grade Checker 22 . 05 7 . 27 PAIN0365-007 06/01/2021 Rates Fringes PAINTER: Brush, Roller and Spray 20 . 21 12 . 38 SUFL2009-149 06/24/2009 Rates Fringes CARPENTER 14 . 95 2 . 92 CEMENT MASON/CONCRETE FINISHER $ 14 . 77 3 . 50 LABORER: Common or General 9 . 72 1 . 31 LABORER: Landscape 7 . 25 0 . 00 LABORER: Pipelayer 11 . 33 0 . 00 LABORER: Power Tool Operator Hand Held Drills/Saws, Jackhammer and Power Saws Only)10 . 63 2 . 20 OPERATOR: Asphalt Paver 11 . 59 0 . 00 OPERATOR: Backhoe Loader Combo 16 . 10 2 . 44 OPERATOR: Backhoe/Excavator 14 . 91 1 . 08 OPERATOR: Bulldozer 17 . 00 0 . 00 OPERATOR: Grader/Blade 16 . 00 2 . 84 OPERATOR: Loader 14 . 75 0 . 00 ATH 3a-45 Page 1986 of 5419 OPERATOR: Mechanic 14 . 32 0 . 00 OPERATOR: Roller 10 . 76 0 . 00 OPERATOR: Scraper 11 . 00 1 . 74 OPERATOR: Trackhoe 20 . 92 5 . 50 OPERATOR: Tractor 10 . 54 0 . 00 TRUCK DRIVER, Includes Dump Truck 11 . 00 0 . 00 TRUCK DRIVER: Lowboy Truck 12 . 73 0 . 00 TRUCK DRIVER: Off the Road Truck 12 . 21 1 . 97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol . gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5 . 5 (a) (1) (ii) ) . ATH 3a-46 Page 1987 of 5419 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 ATH 3a-47 CA0 Page 1988 of 5419 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. ATH 3a-48 CA° Page 1989 of 5419 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION" ATH 3a-49 CAO Page 1990 of 5419 TRANSIT TRANSFER STATION FACILITY General Wage Decision Number FL20210201 07/09/2021 General Decision Number : FL20210201 07/09/2021 Superseded General Decision Number: FL20200201 State: Florida Construction Type : Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol . gov/whd/govcontracts . Modification Number Publication Date ATH 3a-50 CAO Page 1991 of 5419 0 01/01/2021 1 01/22/2021 2 04/09/2021 3 07/09/2021 ASBE0067-003 01/01/2021 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR 30 . 12 13 . 11 ELEC0349-008 09/01/2020 Rates Fringes ELECTRICIAN (Includes Low Voltage Wiring) 31 . 05 10 . 91 ELEV0074-001 01/01/2021 Rates Fringes ELEVATOR MECHANIC 43 . 95 35 . 825 FOOTNOTE: A. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years . Paid Holidays : New Year' s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day. ENGI0487-021 07/01/2016 Rates Fringes OPERATOR: Crane ATH 3a-51 CAO Page 1992 of 5419 All Cranes 160 Ton Capacity and Over 33 . 05 9 . 20 All Cranes Over 15 Ton Capacity 32 . 05 9 . 20 OPERATOR: Forklift 23 . 25 9 . 20 OPERATOR: Mechanic 32 . 05 9 . 20 OPERATOR: Oiler 23 . 50 9 . 20 IRON0397-007 07/01/2019 Rates Fringes IRONWORKER, STRUCTURAL 30 . 85 16. 47 IRON0402-001 01/01/2019 Rates Fringes IRONWORKER, ORNAMENTAL 23 . 69 12 . 70 SFFL0821-004 07/01/2021 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) 30 . 63 20 . 55 SUFL2014-009 08/16/2016 Rates Fringes CARPENTER 18 . 00 0 . 64 CEMENT MASON/CONCRETE FINISHER $ 14 . 85 0 . 60 IRONWORKER, REINFORCING 26 . 37 12 . 65 LABORER: Common or. General, Including Cement Mason Tending $ 12 . 25 1 . 03 LABORER: Pipelayer 14 . 00 1 . 40 OPERATOR: Backhoe/Excavator/Trackhoe 22 . 07 8 . 80 OPERATOR: Bulldozer 15 . 40 1 . 90 ATH 3a-52101) Page 1993 of 5419 OPERATOR: Grader/Blade 18 . 97 0 . 00 OPERATOR: Loader 14 . 00 1 . 40 OPERATOR: Roller 14 . 43 4 . 78 PAINTER: Brush, Roller and Spray 14 . 72 2 . 13 PIPEFITTER 21 . 36 7 . 93 PLUMBER 18 . 01 2 . 88 ROOFER 19 . 00 1 . 17 SHEET METAL WORKER, Includes HVAC Duct Installation 19 . 10 3 . 27 TILE SETTER 18 . 01 0 . 00 TRUCK DRIVER: Dump Truck 13 . 22 2 . 12 TRUCK DRIVER: Lowboy Truck 14 . 24 0 . 00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO ATH 3a-53 CAS Page 1994 of 5419 is available at www.dol . gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5 . 5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that ATH 3a-54 Page 1995 of 5419 classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a, wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests ATH 3a-55 CAO Page 1996 of 5419 for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Write to : Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" ATH 3a-56 Page 1997 of 5419 FEDERAL CONTRACT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH BID SUBMITTAL TO BE CONSIDERED RESPONSIVE 1. Grant Acknowledgement of Terms and Conditions 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 3. Disclosure of Lobbying Activities 4. Conflict of Interest 5. Anticipated DBE, M/WBE, VETERAN or Small Business Concern Participation Statement 6. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 7. FHWA Buy America Certification for Manufactured Steel 8. Non-Collusion Declaration FDOT (575-060-13) 9. Sublet Form 10. Certification of Current Capacity FDOT (525-010-46) 11. Acknowledgement of Changes in DOL Wage Determinations ATH 3a-57 Page 1998 of 5419 EXHIBIT BA FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla.Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Quality Enterprises USA, Inc. Date 2/25/21 Authorized Signature Louis J. Gaudio, Vice President Address 3494 Shearwater Street, Naples, FL 34117-8414 Solicitation/Contract# 20-7811 2- 20-7811 EXHIBIT B-56 CAO Page 1999 of 5419 EXHIBIT BA FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions 1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity Federal,State or local) with commission of any of the offenses enumerated in paragraph (l)(b)of this certification;and d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. 2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Design Build Step 1 - Immokalee Area Louis J. Gaudio Improvements Tiger Grant Name Project Name Vice President 20-7811 Title Project Number Quality Enternris-,si _Inc 54-0947002 Firm Tax ID Number 050997386 DUNS Number 3494 Shearwater Street, Naples, FL 34117-8414 Street Address, City,State,Zip Signature 3- 20-7811 EXHIBIT B-57 Page 2000 of 5419 EXHIBIT BA FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract, grant, loan,or cooperative agreement. 2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Foim- LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, Quality Enterprises USA, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. 3"- Signature of Contractor's Authorized Official Louis J. Gaudio. Vice President Name of Authorized Official and Title 2/25/21 Date 20-7811 EXHIBIT B-58 CA0 Page 2001 of 5419 EXHIBIT B.4 FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 20-7811 Collier County Solicitation No. 1, Louis J. Gaudio hereby certify that to the best of my knowledge, neither I nor my spouse,dependent child, general partner,or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. l further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest 1,or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Louis J. Gaudio Name Signature Vice President 2/25/21 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; 3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter, This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. s- 20-7811 EXHIBIT B-59 Page 2002 of 5419 EXHIBIT B.4 FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY, WOMEN OH VETERAN PARTICIPATION STATEMENT tarn:'a.I tr ver.tod. Lr,erd^nle ss arrtrs will rc-Tu re the v Coed r?Pnrnn Lam factor to eider Prc.v in a rrvr:e,,st:temr,nt er Fn,:.dr,source iceumentatten that•...1dat;a aat.l:. Gnnfractor rraosa.an Cr:ItF that rece innt a carrtrect. A. VENDOR/PRIME CONTRACTOR INFORMATION PHI11I E!Ia.t.1L RIME FEW N WHIP CON I HACI COLLAR AMOt1N I Quality Enterprises USA, Inc. 54-0947002 i TF•F F.'WI A F:.DFIDA CEP!IPt DISdDVANTACitf, VI!IRANI 't tl is IF!ACTIV'1Y C#TFIIS CUNT RAC/. IIM1CF.ro OF. etr.1EN BL'5L',tAt PrTFRPRItF OSENSF•.':3r1'CF HAV'c A SNIAI DISLDVANTdfFD Dian Y L(1NSIHLI':a iIfr:' Y tt 31,Ir SSHAi.RY THESt/ALt BUS',KIS NI,UE? v h D:1Nrvn :IA IIUNi P t f! STRAFDVr OR A SFRACI DISAP.LFO 4FTEPAS' 'NSF? i Ott,!LI IRIS SUI3OSSYJ'N A,OLY'I :Jf:r' Y N IJf Y-?S,Rf.'A',UN NUN 31 B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME 15 TO COMPLETE THIS NEXT SECTION DBL.VIBE,'NCE CUBCONTF'tACIUR OH SUPPLIER TYPE OF WORK OR Ert NICIIY CODE PERCENT OF CONTRACT VET,SMBBA NAME SPECIALTY (Sec Eclow+ DOLLARS TBD C. SECTION TO LII COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF ALIBM11ILR DATE TITLEOF SUBMFrTER Louis J. Gaudio 2/25/21 Vice President EMAIL ADORE SS UP PHIML!SLIM MEW; IIU.PHUNL NL'MLLR FAANUMLER LGAUDIO@QEUSA.COM 239-435-7200 239-435-7202 MOIL.'na infcrtaa0n x,Isad to rock and rory.rt ant ctfaled D"d'.:Co tSAr ::Ire Cet,Dn n fcdrtait;Ord rut r,rot rafts, Ite lot tie xtad Dt11 c•r EAU ar+cur:I1 YelVnt:^i and Anil Oct t^.corre Dart Jf t. rro,ra_^.u: P;'n. Ih;form oTu..1 ac tune-Ped tt'm-::c rt„V rsr 17 0 cline tahnn. If and aben awarded:{:c.lrT+'Tnn:roe,'tc an-pc e,II bin 'JDM:te th^. ifarr It1Qn far he cram Carr:Owen f ETHNItlrif CCD1 B la[k America BA I Iropu nit American FI:. Nutve Arncrlcan NA iubrort.Arran Arnnr,o,n PLO Ascot PacrlcF.mcrictn APA hen M.ncrCr A mmo., NilA ether,not of an,other grctp listed U D.SECTION TO BE COMPLETED BY COLLIER COUNTY L7LPAF7 R.11.N 1 11AM{. COLL f?.CCPITIAC T u f.°E;RF0'ar r-q'SFO1 LiP,At1I FFIC4Rh,'.t;O:ON I RAC] ACCEPTED SY: DATE 6• 20-7811 EXHIBIT B-60 CA() Page 2003 of 5419 EXHIBIT 8.4 FEDERAL CERTIFICATIONS AND ASSURANCES r.cLLiF? .1 IJr; ....a::1 rr;:'.,tL,:,n:E EIP CID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AHD PROFESSIONAL CONSULTANT SERVICES is the policy of Cui,i_,r county!hordsadvontc.,^,ed businesses and minority'endors,us defined in the Code of Federal Regulations(CPC)Cr piorddostorutesIFS),most have the opportunity toporticipateoncontracts Firth federoi endfor state cruntess stonce. Prim=Contractor/Prime Consultant.Quality Enterprises USA, Inc. Address and Phone Number 3494 Shearwater Street, Naples Fl 34117-841.4_,239-435-7200 Procurement Number/Artvertisamem Number:20-7811 The list below is intended to be a listing of rims that are,or attempting to,participate on the project numbered abore.The fist must indude the firm bidding or quoting as prime,as e;oll as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 42,3,and 4.and,should provide any information they ha're for Numbers 5,6,7,and B.This form must be submitted with the bid pa:kagt 1. Federal Tan ID Number. 54-0947002 6._- DBE B. Annual Gross Receipts 2. Finn Flame: Quality Enterprises USA,Inc. X lion-DEE Less than;1 million 3. Phone Fturnt_r 239-435-7200 Berween 51-3 million 4.Address 3494 Shearwater Street Between 5 5-10 million Naples, FL 34117-8414 7._- subcontractor Between 510-15 million subccn:uhant X More than;13 million 5. Far Firm Established 1973 1. Federal Tea ID Plumber. 59-2583954 6.- DBE 0 Annual Gross Receipts 2. Firm Name- Q.Grady Minor&Assoc.,PA X- Fun-CBE Less than Si million 3. Phone++urn ber 239-947-1144 I____ Ber.'.een 5 1-3 million a Address 3800 Via Del Rey X Between;5-10 million Bonita Springs,FL 34134 subcontractor Between 5 10.13 million X su:c:nsuhent —t.•tore than a 15 million 5. roar Firm Established. 1981 1. Federal Tot'it number' 6 - DBE 9 Annual Gross Receipts 2. Firm Name Nun-06E Loss than$1 million 3. Phone Number Between S i-s million s Address Between S 3-10 million Subcontractor Between i 10-15 milllcn sutconsuitent More than 2 13 million 5 tear Firm Established 1. Federal Tax ID Plumber: 6 - DBE D.Annual Gross Receipts 2. Finn Flame Ncn-OBE Less than S 1 million 3. Phone Number Between 5 1-5 milllen I. Address Between 5 5-10 million 7 tutc,rdracior Between 5 10.13 million Su biro rsutant More than S 15 mil lion 5. year Firm Established 7 20-7811 EXHIBIT B-81 CAO Page 2004 of 5419 EXHIBIT B.4 FEDERAL CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Highway Administration (FHWA) Buy America Certification Steel, Iron or Manufactured Products This project will be utilizing federal funds which requires compliance with Buy America through certification. Please complete only ONE of the following three choices below. Certificate of Compliance with Buy America I certify that all materials used on this project will meet the requirements of 23 CFR 635.410 Buy America and any amendments thereto. Any waivers to this requirement that have been approved by the FHWA are attached to this certification. During project execution, additional certification will be required following a two-step process. The first certification will be provided on all steel mill test reports. The second certification will be from each supplier/fabricator on transfer of intermediate product in order to generate a chain of custody documentation trail. Date 2/25/21 Signaturr( Louis J. Gaudio Company Name Quality Enterprises USA, Inc. Title Vice President Certificate of Compliance with Buy America(Minimal Use) I certify that a minimal amount of foreign steel and iron materials will be used on this project. The cost of such materials does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or 2,500, whichever is greater. All other materials used on this project will meet the requirements of 23 CFR 635.410 Buy America and any amendments thereto. Any waivers to this requirement that have been approved by the FHWA are attached to this certification. Date Signature Company Name Title Certificate of Non-Compliance with Buy America The bidder or offeror hereby certifies that it cannot comply with the requirements of 23 U.S.C. 313 and the applicable regulations in 23 C.F.R. Part 635.410., but it may qualify for an exception pursuant 23 U.S.C. 313 and the applicable regulations in 23 C.F.R. Part 635,410. Date Signature Company Name Title 8- 20-7811 EXHIBIT B-62 Page 2005 of 5419 EXHIBIT B.4 FEDERAL CERTIFICATIONS AND ASSURANCES NON-COLLUSION DECLARATION AND P1°1-70`',•^'' c>nl COMPLIANCE WITH 49 CFR§29 Pne'711 ITEM/SEGMENT NO.: F.A.P.NO.: MANAGING DISTRICT: PARCEL NO.: COUNTY OF: Collier BID LETTING OF: 2/25121 I, Louis J. Gaudio hereby declare that I am NAMEl Vice President of Quality Enterprises USA, Inc iTITLE) FIFld) of Naples, Florida C•T Y AND STATE) and that I am the person responsible within my firm for the final decision as to the price(si and amount of this Bid on this State Project. I further declare that: 1 The prices(s)and amount of this bid have been arrived at independently,without consultation: communication or agreement,for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the phce(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder cn this project,and will not be so disclosed prior to the bid opening. 3. No attempt has been made cr wit be made to solicit,cause or induce any other firm or person to refrain from bidding on this project,or to submit a bid higher than the bid of this firm,or any intentionally high or non-competitive bid or other fort of complementary bid 4 The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,or inducement from.any fimt or person to submit a complementary bid. 5. My fimi has not offered or entered nto a subcontract or agreement regarding the purchase of materials or services from any firm or person. or offered,promised or paid cash or anything of value to any firm or person,whether in correction with this or any other project,In consideration for an acreement or promise by any flm`or person to refrain from bidding or to submit a complementary bid on this project. r3 Mv'fir)has not accepted or been promised any subcontract cr agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project,in consideration for my firm's submittrcl a complementary bid,or agreeing to do so,on this project. 7. I have made a diligent inquiry of all members,officers.employees.and agents of my firm with responsibilities relating to the preparation,approval or submission of my fnm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation,discussion,agreement. collusion,act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8 As required by Section 337 165, Florida Statutes,the firm has fully informed the Department of Transportation in writing of all convictions of the firm,its affiliates(as defined in Section 337.165(I)(a),Florida Statutes), and all directors,officers,and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud,bribery collusion,conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the fimt or affiliates who were convicted of contract crimes while in the employ of another company. e. 20-7811 EXHIBIT B-63 AO Page 2006 of 5419 EXHIBIT B.4 FEDERAL CERTIFICATIONS AND ASSURANCES F] y 9 I certify that,except as noted below,neither my frm nor any person associated therewith in tile capacity of owner,partner,director,officer,principal.investigator,project director,manager,auditor,andor position involving the administration of Federal funds: a) is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions,as defined in 49 CFR§29.110(a) by any Federal department or agency; b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a Federal,State or local government transaction or public contract violation of Federal or State antitrust statutes;or commission of embezzlement.,theft,forgery.bribery, falsification or destruction of records,making false statements or receiving stolen property; c) is presently indicted for or otherwise criminally or civilly charged oy a Federal,State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this certification,and d) has within a three-year period preceding this certification had one or more Federal,State or local government public transactions terminated for cause or default. 10. l(We), certify that l('We),shall not knowingly enter into any transaction with any subcontractor,material supplier,or vendor who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered f 1>through(101,I have provided an explanation in the"Exceptions"portion below or by attached separate sheet. EXCEPTIONS: Any exception listed above will not necessarily result in denial of toward,but will be considered In determining bidder responsibil ty. For any exception noted,indicate to whom it applies,initiating agency and dates of agency action Providing false information may result in criminal prosecution andrer administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR.Quality Enterprises USA, Inc. ealr BY: Louis J. Gaudio, Vice President 1VITNESSi e NTH, ce/ j' BY: l^_: WITNESS: 0 144GeZi liL s"=r'tiru-E Marcie Cohen Executed on this 25th —day of February 2021 FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT MAY RESULT IN THE BID BEING DECLARED NONRESPONSIVE io- 20-7811 EXHIBIT B-64 CA Page 2007 of 5419 EXHIBIT BA FEDERAL CERTIFICATIONS AND ASSURANCES F?:a.o-13 P.IUF•'JPYA'?C5201C3of REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors,material suppliers,vendors and other lower tier participants. Appal di<< B of 49 CFR Part 29— Appendix B—Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions lnstructrons for Certifcefion I By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below 2. The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was entered If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension andror debarment 3. The prospective lower tier participant shall provide'mediate written notice to the person to which this proposal Is submitted if at any time the prospective lower her participant learns that its certifcaton was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred,""suspended,""Ineliglle.""lower tier covered transaction," participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12E49. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared inelgDDie,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction ontlinated 6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tided"Certification Regardingr Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,In all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant In a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,Ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certifcation is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its pnncipais Each participant may. but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in oroer to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions.If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension andror debarment. Ceitlfcal:ion Recording Debarment,Suspension.l,nelig!biYty arc!Voluntary Exclusion—Lower Tier Covered Transactions 1) The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred,suspended,proposed for debarment declared ineligible.or voluntary excluded from participation In this transaction by any Federal department or agency. 2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 11- 20-7811 EXHIBIT B-65 Page 2008 of 5419 3 6 1 C D cr) a) Lt) n C 4 , a r •,-, :' a) N 1.... ..... 2 L1J 1.., Z''4. I'r•J l'. N— 4 co E •;., L.r) rE.' it'g 8 0 S o 8 .k cc LL. .2 a) 0 g 0 17 l ' v li t.' li El 2 I n g 2; r. t Lr)N. x up 6 0 6 0 QS CO 0 03 ii v ,,•'° .-, 11 .. ,. v X 6 LU CV CA() Page 2009 of 5419 Gym TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant STA r oF',ORQ,A DEPAR1MENT 1cANSPORTA1101',1 575-010-16 LAP CERTIFICATION OF CURRENT CAPACITY PRC,GPANIMANAGEMEN/ 1)9120 Pe 1 91 2 CONFIDENTIALser Oh 337.14r1LF S. r • r I 2.9 45 WeAalt,'"'Page 2010 of 5419 0 et 2 } g aEt w 0 , kf 7 Uj e $ 0 a. E S N k ; k a Page 2011 of 5419 Exhibit B.4 COLLIER COUNTY Acknowledgement of Changes in Department of Labor Wage Determinations DOL WAGE DETERMINATIONS (Davis-Bacon and Related Acts) The vendor acknowledges that the 01/01/2021 Publication Date of the General Wage Decision Numbers (FL20210110 and FL20210201) was updated respective to the Publication Date of 06/18/2021 and 07/09/2021 and is further subject to change pursuant to the following DOL policy: If the wage determination changes more than 10 days before the bid opening date, the solicitation will need to be modified to reflect the new wage rate. The wage determination is valid for 90 days after bid opening. If the contract is not awarded within 90 days, the wage determination must be updated with any changes that have occurred during that period. If the contract is awarded within 90 days, the original wage determination becomes fixed for the life of the contract." Certification On behalf of my firm, I acknowledge these terms, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Quality Enterprises USA, Inc. Date 9/16/2021 Authorized Signature Address 3494 Shearwater St, Naples, Florida 34117 Solicitation/Contract# RFP NO.: 20-7811 05/21 Ju t EXH871of71 2; Page 2012 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant COttler C01,4111ty Lisa.Oien@colliercountyfl.gov Adrionisirative Services Dtvision Telephone:239-252-8935 ADDENDUM# I Date: July 19,2021 From: Lisa Dien,Procurement S:rategist To: Interested Bidders Subject:Addendum#1 -20-7811 Design Build Step 2— Immokalee Area Improvements—TIGER Grant This Addendum has been issued for the tbllowing items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or hid schedule for the above referenced solicitation: Addendum#1: Add CADD Drawings for Sidewalk-Bus Stops and Transit Links for CADD Drawings Sidewalk-Bus Stops CADD - Part one littps:,Aolliergov.box.com,sb9ta512 gf2inc vaem i-911rwcb 7c Sidewalk Bus Stops CADD - Part two hups:,teolliergov.box.com s kil‘,983git9zygr5n6q3olhw9coo92wq5 Transit CADD Files - Part three https://colltergov.box.comls/09nyba6lo4tpz6vIoy8bolk8anuisv8o If you require additional information,please post a question on our Bid Sync twww.bidsvm...cono bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 7/19/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) 0. 0 47Page 2013 of 5419 TECHNICAL INFORMATION mg RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant yEmail: Lisa.Oien@colliercountyfl.gov Administrative Services Division relephone:239-252-8935 Procurement Sereis s ADDENDUM#2 Date: July 20,2021 From: Lisa Olen, Procurement Strategist To: Interested Bidders Subject:Addendum #2-20-781 i Design Build Step 2 Immokalee Area improvements•-TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions. and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: Addendum#2:Correct typing error on Proposal Bond form Project number corrected to 20-7811 20-7811-Attachment B-PROPOSAL BOND Replaced with 20-7811-Attachment B-PROPOSAL BOND Ri If you require additional information.please post a question on our Bid Sync(www.bids)nc.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 7/20/21 Signature) Louis J. Gaudio, Vice President ate Quality Enterprises USA, Inc. Name of Firm) ykk 48 Page 2014 of 5419 TECHNICAL INFORMATIONGLIMRFPNo.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant Co 1c r C..op ity Email: I.isa.Qien®colliercountyfl.gov Aclrtvilstrakv-a Serous Dosur, Telephone:239-252-8935 tar;a:r,t ti,;,,,, ADDENDUM#3 Date: July 29,2021 From: Lisa Olen,Procurement Strategist To: Interested Bidders Subject:Addendum#3-20-7811 Design Build Step 2—Immokalee Area Improvements TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: ADDITION: In response to Question 20: Can the County please provide the C'ADD files listed below as they appear to he referenced in some of the previous CADD tiles that were distributed. Bordrd00.01,02,03& 101.dgn Utexrd0I,dgn Survey right of way.dgn Exist grading.dgn Dsgnrd0l.dgn Algnrd0i.dgtr Aerial_CC.dgn MASTER LAYOUT.dgn Cs-collier.dgn Site plan.png(for bus stops) Answer: Please use the below link to access the additional CAD)files. https://colliertov.box.corn/s/1s22a6eiwg'bb42cl3zstrwrwxltuzxb If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. tf 7/29/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) 49Page 2015 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2., Immokalee Area Improvements-TIGER Grant County Lisa,Oiengcolliercountyllgov Adminstrahe Setvices Diviston Telephone:239-252-8935 PrMikmPX11 S'tv ADDENDUM#4 Date: August 4,2021 From: Lisa Dien,Procurement Strategist To: Interested Bidders Subject:Addendum tl 4-20-7811 Design Build Step 2—Immokalee Area Improvements— TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions. and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation, ADDITION: Question 23: Please provide CAD file for 06b CAT Transfer Facility Conceptual Lighting Plans R02.pdf All CAD files associated with RWA's'Transfer Facility 60%Construction Plans as detailed in Section A of the 06a_CAT Transfer Facility Design Criteria Package_1(3.pdf Answer: Please use the link below to access RWA's CADD files (Press:Ctrl + Click to follow link): RWA Transit(*ADD If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this pro2.ect. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 8/4/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) 50Page 2016 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER GrantQom 4c, Corrier Comity Lisa.Oien@colliercountyfl.gov Admns abve Seraces Divlson Tel ephone: 239-252-8935 procni-e-new 6erNone,,.e ADDENDUM#5 Date: August 20,2021 From: Lisa Dien,Procurement S:ratcgist To: Interested Bidders Subject:Addendum #5 -20-7811 Design Build Step 2—linmokalee Area Improvements— TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or hid schedule for the above referenced solicitation: CHANGE: The Collier Area Transit(CAT)has revised their bus mutes and the number of proposed bus shelters has changed from -443 to 9. ADDED: In response to Question 42,a copy of the"Design Build Contract"template has been attached for your reference, 20-7811 -Addendum S-Design Build Contract Template Question 42: Both Attachment E from Step 1,and Attachment 3a from Step 2 continually reference a Design Build Agreement''and Exhibits A through H.These documents are absent from the document package. Please advise.(Submitted: Aug 9.2021 12:43:44 PM EDT) If you require additional information,please post a question on our Bid Sync(www.hidsync.cotril bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 8/20/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) 51 Page 2017 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant CAT' Comity Lisa.Oien@colliercouniyil.gov Attistatme. Aces Down Telephone:239-252-8935 PrFx4,tem-ryt ADDENDUM #6 Date: August 24,2021 From: Lisa Oien, Procurement Strategist To: Interested Bidders Subject:Addendum#6-20-7811 Design Build Step 2-lmmokalee Area Improvements- TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE: As a follow-up to Question 47 stating: Please clarify the contract duration from NTP'?The Minimum Tech Requirements document states project duration is 830 calendar days where the REP Step 2 document states 800 calendar days." Response: The below change has been made to document:01 Minimum Technical Requirements_R1 l.pdf of the Design Criteria Package. J.Contract Duration (Page 17 of 33) The Design-Build Firm shall establish the contract duration for the subject Project. In no event shall the contract duration exceed&MI 800 calendar days. If you require additional information,please post a question on our Bid Sync(www bids‘nc.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 8/24/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) c7° 52 4 RN=Page 2018 of 5419 TECHNICAL INFORMATIONallaRFPNo.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant Collier County Email: Lisa.Oien(a?colliercountyfl.gov AdrnsiatSermces Division Telephone:239-252-8935 Pro0,0:.,tr*nt Service ADDENDUM#7 Date: August 26,2021 From: Lisa Oien,Procurement Strategist To: Interested Bidders Subject:Addendum #7-20-7811 Design Build Step 2-Immokalee Area Improvements - TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions, andlor additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE: Due to Grant Requirements.the°MP form has been updated to add a cost breakdown of the"Design Build GMP". 24-78-1-1--4144wismm4--k---trometil has been replaced with 20-7811 -Addendum 7-Attachment A Guaranteed Maximum ['rice Form 8.2(L2021 If you require additional information,please post a question on our Bid Sync(www.bidsvne.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the abase referenced solicitation. 8/26/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) co 53Page 2019 of 5419 TECHNICAL INFORMATION NE RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant Cater County Email: Lisa.Oien@colliereountyll.gov AdilinistrativeServicesDiviston Telephone:239-252-8935 PKA.0.,nent Servkx-s ADDENDUM#8 Date: August 31, 2021 From: Lisa Dien,Procurement Strategist To: Interested Bidders Subject:Addendum #8-20-7811 Design Build Step 2—Immokalee Area Improvements— TIGER Grant This Addendum has been issued for the following items identifying clarifications,changes,deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE: The previous answer to Question 39 "Which optional drainage pipe material is permissible on this project?"has been replaced with the below answer. UPDATED ANSWER: RCP is the only approved material. If you require additional information, please post a question on our Bid Sync(www.bidsvnc.com)bidding platform under the solicitation for this project. Please sign below and return a cop) of this Addendum with your submittal for the above referenced solicitation. 8/31/21 Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. Name of Firm) 54 Page 2020 of 5419 TECHNICAL INFORMATIONWMIMRFPNo.20'7811 -Step 2, hnmohollee Area Improvements'TIGER Grant PROPOSAL BOND KNOW ALL MEN 8Y THESE PRESENTS, that vye Quality Enterprises USA,Inc, herein after called the Principal) and Fidelity and Deposit Company v/Maryland herein called the SUnatv\, a corporation chartered and existing under the laws of the State uf mm»/s with its principal offices in the City of «:^"^m»«'n ___ and authorized todobusiness in the Floridatatoof '/u are held and firmly bound unto the Bo^.^"/County ommt-mcws,C"m",c"".,*n"*^. (hereinafter called the Oener). in the full and just sum of 'r/ve'ppm"n of-xmo"v^o/u-Dollars (G5%-of-om-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 execuh>,a, adminiatnatore, and oseigns, ioinUyand severally and firmly by these presents. Whereas, the Principal is about to GUbmit, or has submitted to the Owner, a Bid for furnishing all |ebor, rna[eria|a, equipment and incidentals necessary to furnish, |nstaU, and fully complete the Work on the Project known as 20-7811 - Des|0n Build - |ronnoha|ee Area Improvements-TIGER Grant. NC)VV. 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 dab* of a vvhUen Notice of Award in accordance with the 1a,rom of such RPS, and give Such bond 0rbonds in aO amount of10UY6 the total Contract Amount as specified in the Proposal Documents Or Contract OouUnDentS 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 bonda, and deliver to Owner the required certificates o/ insuuance, if the PRINCIPAL shall pay to the OBLIGEE the fixed aunn ofS «m~'^am- noted above as liquidated danneges, and not as a penalty, as provided inthe RP3 Documents, then this obligation shall be null and VVid, nthemvise to remain in full force and effect. IN TESTIMONY Thereof, the Prinuipo| nndSoretyhave caused these presents tobeduly signed and sealed this znu day Of_September 2021 Quality Enterprises USA,Inc. Principal BY Seal)Sea|) Louis J. Gaudio, Vice President Fidelity andDeposit Company ofMaryland Surety Seal) nu' Countersigned Non- Daniel--'"~^ Local Resident Producing Agontlor Fidelity and Deposit Company of Maryland 55Page 2021 of 5419 NE TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant Bond Number Bid Bond Obligee Zt'RICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DE POSI r COMPANY OF MARV LAND POVN ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS;That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Daniel 1.Gnevi its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for,and on its behalf as surety,and as is act and deed: any and all bonds and undertakings,and the execul ion of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland,,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPA COLON!AL AMERICAN CASIALTV ,AND SURKTV COMPANY. and FIDELITY AND DEPOSIT COMPANY OF MARV LAND.this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANI COLONIAL AMLKICAN CASUALTY AND SU RETI COMP INN M1DF LIT IAND DEPOSI I*COMPANY Oh NI AR 1 I,AND 3EA By: Robert D.Unreel 6‘Itice President 0 Stag, an. I t 41;51"414t$.\ aL1L. Ota 411) Vol By: Dawn E.Brown issn 12ikt Secretary State of Maryland County of Baltimore On this 19th day of June, AD.2019, before the subscriber.a Notary Public of the State of Maryland,duly commissioned and qualified,Reheat Murray,Vice President and Dawn E.Brown.Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposals and saith.that Ire/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Comparites,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument b}the authority and direction of the said Corporations. IN TESTIMONY WHEREOF.I hare hereunto set my hand and affixed my Official Seal the day and year first above written, CCers4stary.r,s„.., e ;si v6trqo Duni".Nolo>,Publit num,sion Inures hila IM.21 CAO 56Page 2022 of 5419 MI TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant EXTRACT FROM BYLAWS OF THE COMPANIES Article V.Section 8,Attornevs-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, reeognizanees,stipulations, undertakings, or other like irstruments on behalf of the Company,and may authorize any officer or an} such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time," CERTIFICATE I, the undersigned, Vice President or the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature o fa Secretary or an Assistant Secretary and the Seal of the Company may he affixed by facsimile on any Power of Attorticy—Any suet Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND at a meeting duly called and held on the lOth day of May, 1991). 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 nude heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same three and effect as though manually aftlxed. IN TESTIMONY WHEREOF,1 have hereunto subsenhed my name and affixed the corporate seals of the said Companies, this 2nd day of September ,202 I , 06074/... t SEAL 7e.t i ktk mpae3 \ ''''''jje•st*...........,,,, Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsTh la imsalzurichna.com 800-626-4577 r C''° 57 Page 2023 of 5419 TECHNICAL INFORMATION RFP No.20-7811 -Step 2, Immokalee Area Improvements-TIGER Grant CONSTRUCTION PLANS QE÷ GradyMinor's preliminary construction plansfor the Immokalee Area Improvements-TIGER Grant Desigri-Build Project are provided at the end of this section,Technical Information.nf ormation.These plans include the team's proposed sidewalk,pathway& drainage layout,lighting layout,MOT Safety Plan,and CAT Bus Transfer Facility. The plans have been used to generate QE+GradyMinor's proposed Project Schedule and Guaranteed Maximum Price(GMP). There is always a solution. No is not an option - it's just a matter of figuring it out." Howard Murrell, Jr., President of Quality Enterprises USA, Inc. Pictured is QE's Equipment Yard/Mining Opet;,,,, 15-miles from the project site.QE.1-GradyM In 4".! own materials,aggregates,and select fill on ... i, Design-Build Project,an added benefit for i.:,_ ow- 1).•:"--: 4 :, • „..„ ,,.„., ,• 4 • r,,,•• k"'" 7,7,-, ,- ---• --1,r1}0- ' '' -'-.r7fr'''' ' ::‘;Ft),b'4X,.r.'„A', 4.0%.,,.:, ,.., 777,•,5•,,,• ,,,:.„,.:': '!::: ;•,;:.„, f,,iktt ',:"-:,:•, ,,, ,-:',•' ::,-i:"Stl$7,' ,,A,,,k, s' '''':.--11'.' "?"10:00,;:17-tift,,i;C. , ' •:f,:'',‘,,=-,,,,,:F• "•-,-,,, k,Zkk:i: :"::'n; t:Nor •4::,,,1•04,;:y„ ir.-,!,,,art.,,,,.e',;,'", •4:*'14.-N,'', -41,tfyktt.v., •:,;--,-- --,,,,,,,, 4 nk,40:44M,,'• '''i:,' ' 40,•''' , ;',., .',.... li;:i. 1,,<,.,,,,O,A,,,g; s', iti!,.,:-: ,‘!!,. 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Boa ::+ w ne sm,• Page 2031 of 5419 EXHIBIT A-3 LIST OF PROFESSIONALS AND KEY PERSONNEL Name Title Firm Louis J Gaudio Vice President Quality Enterprises USA, Inc. Matthew Casey Project Manager Quality Enterprises USA, Inc. Eric Blair Project Superintendent Quality Enterprises USA, Inc. Howard Murrell III Construction Tech Manager Quality Enterprises USA, Inc. Margarita Negron Manager of Health & Safety Quality Enterprises USA,Inc. Isa Carreras EEO Compliance Officer Quality Enterprises USA, Inc. Daniel Flynn Design Project Manager Grady Minor Frank Feeney QA/QC Grady Minor Justin Frederiksen Utility Coordination Grady Minor Alex Dunko Project Engineer Grady Minor Alysson Holland Project Engineer Grady Minor Richard Chalupa Landscape Architect Grady Minor Rick Featherstone Construction Inspector Grady Minor Donald Saintenoy CEI Project Manager Grady Minor Norm Trebilcock Lighting Design Engineer Trebilcock Planning&Engineer Dave Dratnol Lighting Design Engineer Trebilcock Planning& Engineer Page 24 of 63 RFP#20-781 I "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" G` Page 2032 of 5419 EXHIBIT B-1 PUBLIC PAYMENT BOND Bond No. 9387492 Contract No. 20-781 1 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 Business Address)are held and firmly bound to Board of County Commissioners,Collier County,Florida as Obligee in the sum ofTwentyTwoMillionEighthundredSixtyNinelhousandTwo Hundred Eighty Dollars and 20Hn0 22,869,280.20 ) 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 a day of vory 20 22 with Obligee for Design-Build of Immokalee Area Improvements g Tiger Grant-Contract Number.20.781 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this end day of February 2022 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Page 25 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" k>) Page 2033 of 5419 Signed,sealed and delivered in the presence of: PRINCIPAL 19 -i Quality Enterprises USA,Inc. Anna Rice BY: Witnesses as to Principal Matt Casey NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 2nd day of February 2022 , by Louis J. Gaudio as Vice President of Quality Enterprises USA. Inc.a Virginia corporation, on behalf of the corporation. Fie/she is personally known to me OR has produced N/A-Known as identification and did(did not)take an oath. My Commission Expires: 2/11/22 11<<« Signature of Notary) I N MARCIE L.cCHEN MY CCMMIS_IQt, GC, .:. NAME:_ Marcie L. Cohen ES:Fecruary;12[2_ Legibly Printed) no,:41 thou Nntary Public Underwriters AFFIX OFFICIAL SEAL) Notary Public, State of_Florida _ Commission No.:GG 152066 ATTEST:SURETY: Printed Name) Business Address Authorized Signature) Witnesses to Surety Printed Name) Page 26 of 63 RFP#20-78 I I "IMMOICALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2034 of 5419 OR Fide•y and posi C mpany of Maryland Devon C. Heath As At orney i Fac Attach Pow •of Attorney) CAJYYP(1 Daniel J.Grygo Witnesses Tammy A'\Ward Printed Name) 1299 Zurich Way,Schaumburg, IL 60196 Business Address) Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of x physical presence OR online notarization, this 2nd day of February 2022 , by Daniel J.Grygo as Attorney-in-Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety.He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: September 30,2022 1 fL/l/ A Signature) Name: Terri K.Strawhand Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg #247448 My Commission Expires 9/30/2022 I Page 27 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2035 of 5419 EXHIBIT B-2: PUBLIC PERFORMANCE BOND Bond No. 9387492 Contract No. 20-7811 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 Business Address) are held and firmly bound to Board of County Commissioners,Collier County,Florida as Obligee in the sum of Twenty Two Million Eight Hundred Sixty Nine Thousand Two Hundred Eighty Dollars and 20/100 22,869,280.20 ) 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 Fe)broarui 2022 , with Obligee for Design-Build of Immokalee'Area Improvements-Tiger Grant-Contract Number: 20-7811 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract;and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,for value received,hereby stipulates and agrees that no changes,extensions of time,alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 2nd day of February 2022 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Page 28 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2036 of 5419 Signed,sealed and delivered in the presence of: PRINCIPAL Quality Enterprises USA,Inc. Anna Rice BY: Witnesses as to Principal Matt Casey NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 2nd day of February , 2022 , by Louis J. Gaudio as Vice President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A-Known as identification and did (did not) take an oath. My Commission Expires: 2/11/22 CG'r'!X ciG' Signature) 1177777." 4. ' I Name: Marcie L. Cohen is Legibly Printed) AFFIX OFFICIAL. Notary Public, State of: Florida Commission No.: GG 152066 Page 29 of 63 RFP#20-7811 "IMIMOK LEE AREA IMPROVEMENTS—TIGER GRANT" Page 2037 of 5419 ATTEST:SURETY: Printed Name) Business Address) Authorized Signature) Witnesses as to Surety Printed Name) J./OR Fideli and D o it Company of Maryland Devon C.Heath As Attorney in act Attach Power f Attorney) yY1 r)- `+ / Daniel J.Grygo Witnesses Tammy .Ward Printed Name) 1299 Zurich Way,Schaumburg,IL 60196 Business Address) Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me by means of x physical presence OR online notarization,this 2nd day of February 20 22 , by Daniel J.Grygo as Attorney-in-Fact of Fidelity and Deposit Company of Maryland a Surety,Y, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did(did not)take an oath. My Commission Expires: September 30,2022 ZC[ Signature) ) TERRI K STRAWHAND I Notary Public Terri K.StrawhandCommonwealthofVirginiaName: Reg.#247448 Legibly Printed) My Commission Expires 9/30/2022 AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 Page 30 of 63 R(:P#20-781 1 "IiVIMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2038 of 5419 Bond Number 9387492 Boardu of County Commissioner,.Collier County.Obligee riorid ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of NewYork,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois, and the FIDELITYANDDEPOSITCOMPANYOFMARYLANDacorporationoftheStateofIllinois (herein collectively called the "Companies"), byRobertD.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which aresetforthonthereversesidehereofandareherebycertifiedtobeinfullforceandeffectonthedatehereof,do hereby nominate,constitute,and appoint Daniel J.Grygo its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of suchbondsorundertakingsinpursuanceofthesepresents, shall be as binding upon said Companies, as fully and amply, to all intents andpurposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCECOMPANYatitsofficeinNewYork, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY ANDSURETYCOMPANYatitsofficeinOwingsMills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSITCOMPANYOFMARYLANDatitsofficeinOwingsMills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,oftheBy-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the saidZURICHAMERICANINSURANCECOMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, andFIDELITYANDDEPOSITCOMPANYOFMARYLAND,this 19th day of lune,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 8E• By: Robert D.Murray Vice President Ayer' last: l By: Dawn E.Brown rase jz e Secretary a State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and whoexecutedtheprecedinginstrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer oftheCompanyaforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public eh4131x mp>> J' My Commission Expires:July 9,2023 Page 2039 of 5419 Bond Number 9387492 Huard Obligee n,of County Commu•oone Collier County.Florida ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of NewYork, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITYANDDEPOSITCOMPANYOFMARYLANDacorporationoftheStateofIllinois (herein collectively called the "Companies"), byRobertD.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which aresetforthonthereversesidehereofandareherebycertifiedtobeinfullforceandeffectonthedatehereof;do hereby nominate,constitute,and appoint Daniel J.Grvgo its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of suchbondsorundertakingsinpursuanceofthesepresents, shall be as binding upon said Companies, as fully and amply, to all intents andpurposes,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 ANDSURETYCOMPANYatitsofficeinOwingsMills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,oftheBy-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, andFIDELITYANDDEPOSITCOMPANYOFMARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND sSEALBy: Robert D.Murray Vice President S use. s i G Gtlit. gtG'L f f* o`L°F. By: Dawn E.Brown t lae lr Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duty commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and whoexecutedtheprecedinginstrument,and acknowledged the execution of same,and being by me duly sworn,deposed'and saith,that he/she is the said officer oftheCompanyaforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals andthesignatureassuchofficerweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaidCorporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. lstf ; Constance A.Dunn,Notary Public i \h Xrpi.o My Commission Expires:July 9,2023 7l/11111\\\ Page 2040 of 5419 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA Before me,the undersigned authority,personally appeared who after being duly sworn, deposes and says: 1) In accordance with the Contract Documents and in consideration of $paid, Contractor" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida,("OWNER")relating in any way to the performance of the Agreement between Contractor and OWNER, dated 20 , for the period from to 2) CONTRACTOR hereby certifies for itself and its subcontractors at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which OWNER might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. 3) This Release and Affidavit is given in connection with CONTRACTOR's [monthly/final] Application for Payment No. QUALITY ENTERPRISES USA, INC. Contractor" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence OR _ online notarization, this day of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to me or produced as identification, and did not take an oath. My Commission Expires: Signature of Notary) Name: Legibly Printed) AFFIX OFFICIAL SEAL) Notary Public, State of Page 31 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2041 of 5419 EXHIBIT D APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) Owner's Project Manager's Bid No. Name: Project No. County's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative:Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: Total Value of Work Completed&Stored to Date: Retainage @5%through $Retainage @ 5%through Insert Date] Insert datel Retainage @ %after $Less Retainage Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed to AMOUNT DUE THIS Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to Be $Remaining Contract Balance $ Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor Name Contractor Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: Page 32 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" C'AO Page 2042 of 5419 EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% % TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS STORED reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue col into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column.This states what has happened since the change in retainage, Page 33 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 0 Page 2043 of 5419 Exhibit D Continued) Stored Materials Record Formula: A+B - C- D=E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install Page 34 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" 11:0 Page 2044 of 5419 EXHIBIT E-1 CHANGE ORDER Change Order Form Contract#:Change#: Purchase Order*: Project*: Contractor;;Finn Name: Project Name: Project Manager Name Department: Original ContractWoat Order Amount Original BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Approval Date; Agenda Item# Current Cant acLWark Order Amount SAP Contract Expiration Date(Master] Dollar Amount of this Change 4DIV.r0! Total Change from Original Amount Revised Contract4Vm Order Total $ 333 DIVJO! Change from Current BCC Approved Amount Cumulative Changes S 3.33 IVCI! Change horn Curr ant Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceei Original Last Approved Revised Date Date Completion DateE7= Date incl}s Via claiget. of Days Added Select Tasks 0 Add new task(sj 0 Deletetask(s) 'Change task(s) Other{eeeoe.aw Provide a response to the following:1.)detailed and specific explanationirationaleof the requestedchange(s)to the task(s)and!or the additional days added(if requested);21 why th i s change was not included in the original contract;and,3.1 describe the impact if this change is not processed. Attach additional irrformalior from the Design Professional andtor Contractor if r e . Prepared by:Dale: Project,Ma Name and Department) Acceptance of this Charge C =.rita nor stnutea modification tocontract work order identified above and eillbe subject to all the same terms and conditions as coats e contract;work order indicated above.as fuliyes ifthe same were stated in this acceptance. The adjustment,if any,to the Contra.s a a onstkiteafullandfinalsettlementofanyarsdaflclaimsoftheContractor.`Vendor;Corschartt` Des g n Professional arising out of or related to t he c harge set forth herein,including claims for impact and delay coals. Accepted by:Date: Contractor;Vendor;Consultant;Design Profess foreland Nameof Firm.if project applicable) Approved by:Date: Design Professional and Name of Firm,if project applicable) Approved by:Date: Procurement Professional r ra ._ -a; ':a ni asa-a:e may r,, Gjt Page 35 of 63 RFP#20-781 I "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2045 of 5419 EXHIBIT E-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR:ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract amount or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract amount: Method of determining change in Contract Times: Unit Prices CONTRACTOR's records Lump Sum Engineer's record Other Other Estimated increase(decrease) in Contract amount Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative Page 36 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2046 of 5419 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 37 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" cp Page 2047 of 5419 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title Page 38 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2048 of 5419 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: Company Name) Signature) Typed Name & Title) By Design Professional: Firm Name) Signature) Typed Name&Title) By Owner: Department Name) Signature) Name&Title) Page 39 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2049 of 5419 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 Contractor and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Contractor and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 1.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s)for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Contractor and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Article 1 of this Agreement hereof. 1.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 1.4 If Owner's Project Criteria contain design specifications: (a) Contractor shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner's Project Criteria, including any performance specifications; and (b) Contractor shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Contractor's cost and/or time of performance have been adversely impacted by such inaccurate design specification. 1.5 The Contract Documents form the entire Agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways,railways,drainage facilities and utility services above,upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the Page 40 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2050 of 5419 prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 3. SCHEDULE. 3.1 The Contractor, within ten(10) calendar days after receipt of the executed Agreement, shall prepare and submit to Project Manager, for their review and approval, a Schedule of Values for the Project(herein "Schedule of Values"). The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval,a Risk Safety Management Plan,Quality Assurance/Quality Control Plan,a Critical Path Method Schedule showing critical path,interdependencies and slack or float,a Hurricane Plan and a schedule of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3 Unless expressly approved by Owner in advance and in writing,said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges,security interests and encumbrances,together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment,the Stored Materials Record attached hereto and made a part hereof as Exhibit D. Page 41 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2051 of 5419 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner. After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or(3)return the Application for Payment to the Contractor indicating, in writing,the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten(10)business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent(5%),as permitted by Section 255.078,Florida Statutes.The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment,subsequent to the first pay application,shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Schedule of Values. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of 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. Page 42 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2052 of 5419 4.12 The County may,at its discretion,use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges(credit card transaction fees)as a result of using the County's credit card for transactions relating to this Agreement. 4.13 Allowance Items and Allowance Values. 4.13.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit A-1 hereto. 4.13.2 Contractor and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Contractor and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Contractor that the Allowance Item in question can be performed for the Allowance Value. 4.13.3 No work shall be performed on any Allowance Item without Contractor first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Contractor is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Contractor, Contractor may be entitled to an adjustment of the Contract Time(s)and Contract amount. 4.13.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Contractor's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract amount, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 4.13.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs incurred by Contractor for the particular Allowance Item and the Allowance Value. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents.The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor,to such extent as may be necessary in the Owner's opinion to protect it from loss because of: a)Defective Work not remedied; (b)third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. Page 43 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2053 of 5419 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. COMPLETION. 6.1 When the entire Work(or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work(or designated portion thereof) to determine the status of completion. If Owner, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site(or designated portion thereof)after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 6.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance,Project Manager will make such inspection and, if the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents,that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: 1) Receipt of Contractor's Final Application for Payment. 2) The Release and Affidavit in the form attached as Exhibit C. 3) Consent of surety to final payment. 4) Receipt of the final payment check list. 5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 6.3 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,OWNER shall release to CONTRACTOR any retained amounts relating, as applicable,to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 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. Page 44 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" C Nth Page 2054 of 5419 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 6.1 herein,provided that Contractor first,and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C,as well as,a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Project Manager at the time of final inspection. 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data,test results,schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 8.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier,the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 8.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with Owner for the Project)to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 8.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,method,sequence,technique or procedure of construction acceptable to the Project Manager,if Contractor submits sufficient information to allow Page 45 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CAU Page 2055 of 5419 the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change,a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the cost for evaluating each proposed substitute. 8.6 Notwithstanding anything in the Contract Documents to the contrary,Contractor expressly acknowledges and agrees that Owner's review or approval of any design documents submitted by Contractor, including but not limited to any submittals as described herein, shall not relieve Contractor of its responsibilities or liabilities for design hereunder. Notwithstanding anything in the Contract Documents to the contrary, Contractor further expressly acknowledges and agrees that any such review or approval shall not be deemed as Owner's approval of any deviations to such design documents unless such deviation is expressly brought to Owner's attention by Contractor in writing and Owner expressly approves such deviation in writing. 9. HAZARDOUS AND SAMPLES. 9.1 Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. 9.2 NON-HAZARDOUS SAMPLES. At OWNER's written request,CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. 9.3 HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. If samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage,transport,and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 10. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 10.1 Unless waived in writing by Owner,Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 10.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site,and any other weather conditions which adversely affect the Work; 10.1.2 Soil conditions which adversely affect the Work; 10.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 10.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; Page 46 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2056 of 5419 10.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 10.1.6 Description of Work being performed at the Project site; 10.1.7 Any unusual or special occurrences at the Project site; 10.1.8 Materials received at the Project site; 10.1.9 A list of all visitors to the Project 10.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 10.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments,Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Chang e Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean, and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents,together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 11. CONTRACT TIME AND TIME EXTENSIONS. 11.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 11.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,Contractor shall notify the Owner in writing within forty-eight(48)hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 11.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy,if any,against Owner will be the right to seek an extension to the Contract Time;provided,however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Page 47 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS-TIGER GRANT" cao Page 2057 of 5419 Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 11.4 Notwithstanding anything contained within Section 2.3 to the contrary, if Contractor encounters on the Project site any materials reasonably believed by Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless,Contractor immediately shall (i)stop Work in the area affected and(ii)report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Lump Sum Price and Contract Time as appropriate. If no hazardous material is found after the Work is stopped,no Change Order is required to resume the Work in the affected area. Notwithstanding the foregoing sentences in this, if the hazardous material encountered was generated or caused by Contractor or any of its employees, agents, subconsultants, subcontractors, or material suppliers, no adjustment to the Contract Time or Lump Sum Price shall be made and Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. Contractor will coordinate and cooperate with any person or entity who is hired to perform any hazardous material mitigation services. 11.5 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 12. CHANGES IN THE WORK. 12.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property,or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner,and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 12.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 12.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event,the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination,Contractor must make a claim or else be deemed to have waived any claim on this matter it might otherwise have had. 12.4 In the event a requested change results in an increase to the Contract Amount,the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change in 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 Page 48 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2058 of 5419 by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 12.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 12.6 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design,quality,performance and workmanship required by the Contract Documents. Contractor may make minor changes in the Work consistent with the intent of the Contract Documents,provided,however,that Design-Builder shall promptly inform Owner,in advance and in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 12.7 No action, conduct, omission or course of conduct by Owner shall act to waive, alter, or change the requirement that Amendments, Change Orders, and Work Directive Changes must be in writing and signed by Owner. Such written and signed Amendments, Change Orders and Work Directive Changes are the sole and exclusive way to change either the amount of compensation to be paid to Contractor or the time within which Contractor is to perform its obligations hereunder. No changes will be allowed based upon actual, constructive, or oral notice or lack of prejudice to Owner. Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 13. OTHER WORK. 13.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents,written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 13.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract(or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 13.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner(or Owner),Contractor shall inspect and promptly report to Project Manager in writing any delays,defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 14. COMPLIANCE WITH LAWS. Page 49 of 63 RFP#20-781 I "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2059 of 5419 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances,rules,regulations and requirements applicable to the Project,including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances,rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States including the requirements set forth in Florida Statute, § 448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid(ITB) and Request for Proposals(RFP) including professional services and construction services. Exceptions to the program: Commodity based procurement where no services are provided. Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq.and regulations relating thereto,as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions Page 50 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2060 of 5419 of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris,rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site,as well as all tools,appliances,construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks,pipes, utilities,footings, structures,trees and shrubbery,not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. PERMITS, LICENSES AND TAXES. 16.1 Pursuant to Section 218.80,F.S.,Owner will pay for all Collier County permits and fees,including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 16.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 17. WARRANTY. 17.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials,equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers,fabricators,suppliers or processors except as otherwise provided for in the Contract Documents. If,within one(1)year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.Failure of the Contractor to correct the cited deficiencies Page 51 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2061 of 5419 shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 18. TESTS AND INSPECTIONS. 18.1 Owner, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections,tests or approvals. 18.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 18.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 18.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 18.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight(8) hour day and for any work performed on Saturday, Sunday or holidays. 18.6 Neither observations nor other actions by the Project Manager nor inspections,tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 18.7 Owner shall have the right,but not the obligation,to hire any consultant it deems appropriate to perform a peer review on Contractor's design documents. Contractor agrees to cooperate with any such peer review. 19. DEFECTIVE WORK. 19.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 19.2 If the Project Manager considers it necessary or advisable that covered Work be observed or inspected or tested by others and such Work is not otherwise required to be inspected or tested,Contractor,at Project Manager's request,shall uncover,expose or otherwise make available for observation, inspection or tests as Project Manager may require,that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is Page 52 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CAO Page 2062 of 5419 found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to,fees and charges of engineers,architects,attorneys and other professionals),and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,however,such Work is not found to be defective,Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time,directly attributable to such uncovering, exposure, observation, inspection,testing and reconstruction. 19.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work,or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 19.4 Should the Owner determine,at its sole opinion,it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 19.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site,take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner and their respective representatives, agents,and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 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 Page 53 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" O Page 2063 of 5419 binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-3 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 20.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Article 7 of the Agreement, for services not rendered. 21. PROTECTION OF WORK. 21.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final completion is achieved. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same,and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 21.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 21.3 Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Project Manager. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. EMERGENCIES. 22.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 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 Page 54 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2064 of 5419 coordinate its Work and cooperate so as to cause no unreasonable interference with or disruption to Owner's operations. 24. SAFETY. 24.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 24.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 24.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 24.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 24.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection, removal,relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 24.3. Contractor shall designate a responsible representative located on a full-time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 24.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 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; Page 55 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2065 of 5419 24.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further,all Employees shall comply with the dress,conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 24.5.9 At all times,Contractor shall adhere to Owner's safety and security regulations,and shall comply with all security requirements at Owner's facilities,as said regulations and requirements may be modified or changed by Owner from time to time. 24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site. 25. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference)as may be directed by the Project Manager. 26. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 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. Page 56 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CNO Page 2066 of 5419 All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 28. SALES TAX SAVINGS AND DIRECT PURCHASE. 28.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below: 28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary,Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 28.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 29. SUBCONTRACTS. 29.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts,based on the current Schedule of Values,and shall supply a copy of that breakdown and composition to Owner for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 29.2 A Subcontractor is any person or entity who is performing,furnishing,supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors.Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess all licenses required by state or local law and be "qualified" as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. Page 57 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2067 of 5419 29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner, Contractor also shall identify any other Subcontractors,including their addresses,licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, 2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4)provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 29.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 29.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 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. Page 58 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2068 of 5419 29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 30. CONSTRUCTION SERVICES. 30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 30.1.1 Subcontracts and Purchase Orders 30.1.2 Subcontractor Licenses 30.1.3 Shop Drawing Submittal/Approval Logs 30.1.4 Equipment Purchase/Delivery Logs 30.1.5 Contract Drawings and Specifications with Addenda 30.1.6 Warranties and Guarantees 30.1.7 Cost Accounting Records 30.1.8 Labor Costs 30.1.9 Material Costs 30.1.10 Equipment Costs 30.1.11 Cost Proposal Request 30.1.12 Payment Request Records 30.1.13 Meeting Minutes 30.1.14 Cost-Estimates 30.1.15 Bulletin Quotations 30.1.16 Lab Test Reports 30.1.17 Insurance Certificates and Bonds 30.1.18 Contract Changes 30.1.19 Permits 30.1.20 Material Purchase Delivery Logs 30.1.21 Technical Standards 30.1.22 Design Handbooks 30.1.23 As-Built" Marked Prints 30.1.24 Operating& Maintenance Instruction 30.1.25 Daily Progress Reports 30.1.26 Monthly Progress Reports 30.1.27 Correspondence Files 30.1.28 Transmittal Records 30.1.29 Inspection Reports 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 Page 59 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" CAO Page 2069 of 5419 information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 31. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five(5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to,checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one(1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS(acolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 32. HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS. 32.1 Hazardous Conditions. 32.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 32.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered,(ii)prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 32.1.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or site. 32.1.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract,to an adjustment in its Contract amount and/or Contract Time(s) to the extent CONTRACTOR's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. Page 60 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2070 of 5419 32.1.5 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE,NLPA,NIST& API referenced standards pertaining to the storage of hazardous materials and petroleum products. 32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. 32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 32.2 Differing Site Conditions. 32.2.1 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. Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are(i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition to such determination by OWNER must be made within ten(10) calendar days after CONTRACTOR's receipt of OWNER's written determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost or time of performance,the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 33. ABOVEGROUND/UNDERGROUND TANKS. 33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110&30/30A; FDEP chapter 62 regulations:specifically,761,762,777,and 780;376&403 Florida Statutes;and STI,UL,PEI,ASME, NACE,NLPA,NIST& API referenced standards pertaining to the storage of hazardous materials and petroleum products. 33.2 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will Page 61 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" C hc) Page 2071 of 5419 be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to Contractor's submittal for permitting. 34. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. Page 62 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT" Page 2072 of 5419 EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes,QUALITY ENTERPRISES USA, INC., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional Services to be provided under this Agreement, concerning IMMOKALEE AREA IMPROVEMENTS — TIGER GRANT, are accurate, complete and current as of the time of contracting. QUALITY ENTERPRISES USA, INC. BY: Louis J. Gaudio TITLE: Vice President DATE: off'i-- Page 63 of 63 RFP#20-7811 "IMMOKALEE AREA IMPROVEMENTS—TIGER GRANT"AO Page 2073 of 5419 AC'® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT A Marsh&McLennan Agency LLC PHONE Marsh&McLennan Agency LLC FAX 222 Central Park Avenue, Suite 1340 INC.No.Ext1: 757-456-0577 A/C,No): Virginia Beach VA 23462 ADDRESS: certificates@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Evanston Insurance Company 35378 Quality Enterprises USA, Inc. & Quality Environment Company, Inc.INSURER C:Phoenix Insurance Company 25623 3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURER E:XL Specialty Insurance Company 37885 INSURER F: COVERAGES CERTIFICATE NUMBER:493124031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP 1 LTR JNSD WVD, POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY), LIMITS C X COMMERCIAL GENERAL LIABILITY Y DTCO7N91352APHX21 7/1/2021 7/1/2022 ' EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: C AUTOMOBILE LIABILITY 8107N672126G 7/1/2021 7/1/2022 COMBINED SINGLE LIMIT $1,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) X Comp various X Coll various PIP 10,000 aggregate D X UMBRELLA LIAB X OCCUR CUP8N00458A2126 7/1/2021 7/1/2022 EACH OCCURRENCE 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 15,000,000 DED X RETENTION$1n non A WORKERS COMPENSATION WC017931006 7/1/2021 7/1/2022 X AND EMPLOYERS'LIABILITY Y/N STATUTE ERH USL&H included ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N 'N I A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution/Prof Liability MMAENV001943 7/1/2020 7/1/2022 $2,000,000 each claim 4,000,000 Aggre E Installation Floater UM00030160MA21A 7/1/2021 7/1/2022 $200,000 2,500 DED i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For Any and All County projects performed on behalf of Collier County required in a written contract: Collier County Board Of County Commissioners are included as additional insureds under the General Liability policy as respects to work performed by the insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board Of County Commissioners 3925 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE Er)L9L 61 C:,,,,,±& 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 2074 of 5419