Agenda 03/10/2020 Item #11B (Contract #19-7605 w/Quality Enterprises U.S.A.)03/10/2020
EXECUTIVE SUMMARY
Recommendation to award Agreement No. 19-7605 in the total amount of $9,858,072 to Quality
Enterprises USA, Inc., for "Design-Build of Immokalee Road, Logan Boulevard, and Vanderbilt
Beach Road New 24-inch Force Main Project," authorize the Chairman to sign the attached
agreement and authorize the necessary budget amendment in the amount of $2,908,000 (Project
70233).
OBJECTIVE: To secure a design-build team to provide design and construction services for the
Immokalee Road, Logan Boulevard and Vanderbilt Beach Road New 24-inch Force Main Project to meet
demand, stay in compliance, and serve customers efficiently by providing a compliant and reliable
wastewater system to Collier County Water-Sewer District (“CCWSD”) customers.
CONSIDERATIONS: This design-build project is consistent with the proposed scope of work under
Project No. 70233, “Logan Boulevard FM (Immokalee Rd to VBR),” and is also consistent with the
FY2020 Budget approved by the Board on September 19, 2019.
On January 28, 2020 (Agenda Item 16.C.3) the Board approved the selection committee rankings for
Request for Professional Services (“RPS”) No. 19-7605, “Design-Build of Immokalee Road, Logan
Boulevard, and Vanderbilt Beach Road New 24-inch Force Main Project,” and authorized staff to enter
into negotiations with the number one ranked team, Quality Enterprises USA, Inc./Q. Grady Minor &
Associates, Inc. The proposed contract, insurance information and project presentation are included as
attachments 1, 2 and 3 respectively.
To alleviate the conveyance constraint of the 12-inch force main along Immokalee Road, the 2014 Public
Utilities Master Plan called for the construction of a 24-inch force main from the Heritage Bay Master
Pump Station (“MPS” 167) west along Immokalee Road then south along Logan Boulevard to MPS 104
located on Vanderbilt Beach Drive, just east of Logan Boulevard. This also allows for diverting
wastewater flows to the existing South County Water Reclamation Facility and/or the future Northeast
County Water Reclamation Facility and allows for maintenance of the County's aging force main system.
(See Attachment 1 for the Project Map). Eliminating the 12-inch bottleneck results in an increased
capacity of approximately 176%.
The proposed force main will begin at the termination of the existing force main and continue west in the
Immokalee Road corridor. It will then proceed south on Logan Boulevard to Vanderbilt Beach Road,
thence east a short distance to MPS 104, approximately 19,000 feet of 24-inch force main. The project
also includes the installation of approximately 1,400 feet of 12-inch wastewater force main along Logan
Boulevard from the Logan Boulevard Bridge at Immokalee Road north to Treeline Drive.
Staff recommends acceptance of allowance items 2, 3 and 4, described in the below table, which results in
a total bid of $9,230,000 as follows:
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Item # Item Description Unit Quantity Price
1 Design-Build Based Bid LS 1 $8,600.000
2 FPL Electrical Services and/or PS
Electrical/Instrumentation work allowance
Amount 1 $100,000
3 Legal Sketches and Description for easements
(temporary and permanent easements) work allowance
Amount 1 $100,000
4 Owner’s allowance 5% of Design Build Based (Bid
Item #1)
Amount 1 $430,000
TOTAL AS BID GMP AMOUNT $9,230,000
The Guaranteed Maximum Price (“GMP”) bid is $9,230,000. On January 29, 2020, staff began contract
negotiations with Quality Enterprises USA, Inc. and Q. Grady Minor & Associates, Inc. During
negotiations, staff discussed changes to the proposed scope that will reduce cost, reduce impact to the
community, provide improved hydraulic performance, and add operational flexibility. Those changes are:
• Revise the connection of the existing 8” Treeline Drive force main to the new 12” force main t o occur
on the northeast corner of the intersection of Logan Blvd. and Treeline Drive. ($11,630 savings)
• Do not abandon (cap and grout) the existing 8” force main that runs along the east side of Logan
Boulevard from Treeline Drive to Immokalee Road. ($5,500 savings)
• Connect the proposed 24” force main to the Immokalee Road force main at the transition of the
Immokalee Road force main from 16” diameter pipe to 20” diameter pipe ($554,087 additional cost)
resulting in an 85% increase in conveyance capacity enabling the entire system to benefit more from
eliminating the 12” bottleneck, and less impact to the intersection. Cost drivers include larger, more
costly materials, greater excavation area and a sub-aqueous canal crossing.)
• Install a 24-inch plug valve and cap west of the proposed canal crossing to accommodate a possible
future connection. This could be done as a separate project, but since the contractor will be working
at this site, best value is obtained by including it in the project to sav e mobilization, excavation and
bypass pumping costs. ($65,215 additional cost)
• Install one 16-inch plug valve on the existing 16” influent force main at MPS 104 to provide the
flexibility to send flows to the south service area. This could be done as a separate project, but since
the contractor will be working at this site, best value is obtained by including it in the project to save
mobilization, excavation and bypass pumping costs. ($25,900 additional cost)
The project design criteria package was amended to include those changes and is included in the attached
proposed agreement.
The following table is a breakdown of the negotiated changes to the GMP:
Description Cost Cost Basis
Total credits from above -$17,130 Negotiated
Total cost additions from above $645,202 Negotiated
Net cost increase $628,072 6.8%
TOTAL REVISED GMP AMOUNT $9,858,072
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The CCWSD intends to direct purchase approximately $2,000,000 worth of the materials for this project
in order to realize sales tax savings estimated to be $140,000.
The revised GMP of $9,858,072 remains significantly less than the #2 ranked firm’s GMP of
$11,700,650. In summary, the negotiated changes will yield a better end product at a significantly lower
cost than the next qualified vendor. An analysis of the negotiated costs listed above were reviewed by an
independent third-party professional engineering consultant and were found to be reasonable (See
Attachment 4).
Staff recommends that the Board approve attached Agreement No. 19-7605 in the amount of $9,858,072.
FISCAL IMPACT: A budget amendment in the amount of $2,908,000 is required to reallocate funding
from various projects within the Wastewater User Fee Capital Fund (414). The source of funding is
wastewater user fees.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities and to remain in compliance
with all regulatory programs.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To award Agreement No. 19-7605, “Design-Build of Immokalee Road, Logan
Boulevard and Vanderbilt Beach Road New 24-inch Force Main Project,” to the Quality Enterprises
USA, Inc. design-build team in the amount of $9,858,072, authorize the necessary budget amendment,
and authorize the Chairman to sign the attached Agreement for Project Number 70233.
PREPARED BY: Zamira DelToro, CSM, Project Manager, Public Utilities Engineering and Project
Management Division
ATTACHMENT(S)
1. [Linked] Attachment #1 - Agreement #19-7605 Design-Build Logan CAO approved (PDF)
2. Attachment #2 - 19-7605 Quality_Insurance_2-3-20 (PDF)
3. Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (PPTX)
4. Attachment #4 - Third-party professional Letter (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 11609
Item Summary: Recommendation to award Agreement No. 19-7605 in the total amount of
$9,858,072 to Quality Enterprises USA, Inc., for "Design-Build of Immokalee Road, Logan Boulevard,
and Vanderbilt Beach Road New 24-inch Force Main Project," authorize the Chairman to sign the
attached agreement and authorize the necessary budget amendment in the amount of $2,908,000 (Project
70233). (Michael Stevens, Public Utilities Principal Project Manager)
Meeting Date: 03/10/2020
Prepared by:
Title: Project Manager – Public Utilities Planning and Project Management
Name: Zamira Deltoro
02/06/2020 12:45 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
02/06/2020 12:45 PM
Approved By:
Review:
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 02/07/2020 1:22 PM
Wastewater Beth Johnssen Additional Reviewer Completed 02/10/2020 1:55 PM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 02/12/2020 10:19 AM
Public Utilities Planning and Project Management Michael Stevens Additional Reviewer Completed 02/12/2020 12:28 PM
Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 03/02/2020 4:32 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/02/2020 4:32 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 03/02/2020 4:39 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/03/2020 10:09 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/03/2020 11:56 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/03/2020 3:43 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/03/2020 3:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 4:58 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/04/2020 8:18 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/04/2020 2:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM
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11.B.3
Packet Pg. 293 Attachment: Attachment #2 - 19-7605 Quality_Insurance_2-3-20 (11609 : Design-Build of Immokalee Road, Logan Boulevard, and Vanderbilt
Design-Build of Immokalee
Road, Logan Boulevard, and
Vanderbilt Beach Road New
24-inch Force Main Project
Public Utilities Department
March 10, 2020
Agenda Item 11_
Collier County | Florida
11.B.4
Packet Pg. 294 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Objectives
u Alleviate the conveyance constraint of the 12-
inch force main along Immokalee Road.
u Reduce flow into MPS 103 by diverting to MPS
104.
u Ability to divert wastewater flows to the existing
SCWRF and/or to the future NECWRF.
u Allow for maintenance of the County's aging
force main system through parallel force mains
that allow shut down.
u Coordinate with developer’s bridge widening
project.
Public Utilities Department
2
11.B.4
Packet Pg. 295 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Project Location
Immokalee
Rd & 951
Existing 24”
FM Terminus
MPS 104
Logan Blvd
Proposed
24” FM
Va nderbilt
Beach Rd
3
Public Utilities Department
Proposed
12” FM
11.B.4
Packet Pg. 296 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Flow Constraint
Immokalee
Rd & 951
Logan
Blvd Existing 12” FM
(constrained)
16” FM 16” FM
4
Public Utilities Department
11.B.4
Packet Pg. 297 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Flow Constraint Resolved
Existing 24” FM
(not in service)
New 24” FM
(176% Increased
Capacity)
Existing 12” FM
(constrained)
16” FM 16” FM
Pa ra llel 24” force main relieves overloading of 12”
force main and adds operational flexibility.
5Public Utilities Department
11.B.4
Packet Pg. 298 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Immokalee Road Open Cut
Open Cut
u Needed to access
forcemain in the
median
u Performed at night
in stages
u Partial lane
closures
u Coordinated
w/Traffic Ops and
Road Maintenance
6
Existing
New
Public Utilities Department
11.B.4
Packet Pg. 299 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Scope
u Approximately 19,000 feet of 24-inch
force main
u Installation of approximately 1,400
feet of 12-inch force main to
supplement the capacity of the
existing 8-inch force main on Logan
Blvd. between Immokalee Road and
Treeline Drive.
Public Utilities Department 7
11.B.4
Packet Pg. 300 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
Recommendation
To award Agreement No. 19-7605,
“Design-Build of Immokalee Road, Logan
Boulevard and Vanderbilt Beach Road New
24-inch Force Main Project,” to Quality
Enterprises USA, Inc. team in the amount
of $9,858,072; approve the necessary
budget amendment; and, authorize the
Chairman to sign and execute the attached
Agreement for Project Number 70233.
8Public Utilities Department
11.B.4
Packet Pg. 301 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
QUESTIONS?
11.B.4
Packet Pg. 302 Attachment: Attachment #3 -PowerPoint D-B project New 24 FM Imm-Logan-VBR (11609 : Design-Build of
2350 Stanford Court ■ Naples, Florida 34112
(239) 434-0333 ■ Fax (239) 434-9320
SINCE 1946
February 25, 2020
Via Email Only: Zamira.Deltoro@colliercountyfl.gov
Zamira DelToro, CSM.
Collier County Public Utilities - EPMD
3339 Tamiami Trail East, Suite 303
Naples, FL 34112-5361
RE: Q. Grady Minor and Associates (Designer) - Quality Enterprises (Builder)
Logan Boulevard-Immokalee Road -VBR New 24” FM
Third-Party Review
Dear Zamira:
Please accept this letter in response to your request to provide a third-party review of Quality Enterprises’
request for cost adjustments for the above-referenced project. Per the documentation provided, the requests
include the following:
1. Logan Boulevard/Canal Crossing - Connection of the proposed 24” FM to the existing Immokalee
Road FM will be made at the transition of the Immokalee Road FM from 16” diameter pipe to 20”
diameter pipe. A 24” pipe stub with plug valve will be added west of the proposed canal crossing
to accommodate a possible future connection.
2. Treeline Drive Alignment - Revise the connection of the existing 8” Treeline Drive force main to
the new 12” force main to occur on the northeast corner of the intersection of Logan Blvd. and
Treeline Drive
3. MPS 104 Additional Plug Valve - Add one 16-inch plug valve to the existing 16” influent force main
at MPS 104.
Collier County provided plan sheets 3, 26, 41 and 43 from the DB team’s technical proposal, exhibits from
the Negotiated Scope change, and an add/credit table for review. Based upon details provided, our research
and recent similar projects, we believe that after making corrections to the unit quantities the total change
order of $628,072.00 is reasonable.
Location Add Deduct Change
Logan Boulevard/Canal Crossing $945,702 $326,400 +$619,302
Treeline Drive Alignment $15,580 $32,710 -$17,130
MPS 104 $25,900 $0 +$25,900
Total $628,072.00
Should you have any questions, or require additional information, please let me know.
Sincerely,
JOHNSON ENGINEERING, INC.
Jared R. Brown, P.E.
11.B.5
Packet Pg. 303 Attachment: Attachment #4 - Third-party professional Letter (11609 : Design-Build of Immokalee Road, Logan Boulevard, and Vanderbilt Beach
DESIGN -BUILD AGREEMENT
between
Board of County Commissioners, acting as the
Governing Board of the Collier County Water Sewer District
and
Quality Enterprises USA, Inc.
dated
2020
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road
New 24 -inch Force Main Project"
#19-7605
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS #19-7605
■
TABLE Or 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..........................................................................................
11
ARTICLE 10 LAWS AND REGULATIONS .................................... ................ ........... I ....... I .... I...............
I1
ARTICLE 11 INDEPENDENT CONTRACTOR......................................................................................12
ARTICLE 12 DISPUTE RESOLUTION...................................................................................................12
ARTICLE 13 ASSIGNMENT....................................................................................................................
13
ARTICLE 14 PERFORMANCE OF WORK AND REMEDY.................................................................
13
ARTICLE 15 FORCE MAJEURE.............................................................................................................14
ARTICLE 16 CHANGE IN LAW..............................................................................................................14
ARTICLE 17 TERMINATION FOR DEFAULT......................................................................................15
ARTICLE 18 TERMINATION FOR CONVENIENCE............................................................................
16
ARTICLE19 DOCUMENTS.....................................................................................................................
17
ARTICLE 20 CONFIDENTIALITY..........................................................................................................
18
ARTICLE 21 SEVERABILITY.................................................................................................................
18
ARTICLE 22 PUBLIC ENTITY CRIMES................................................................................................
18
ARTICLE 23 EXHIBITS INCORPORATED..................................................................I.........................
19
ARTICLE24 NOTICES.............................................................................................................................19
ARTICLE 25 CAPTIONS AND HEADINGS...........................................................................................
20
ARTICLE 26 TRUTH IN NEGOTIATION CERTIFICATE....................................................................
20
ARTICLE27 ENTIRE AGREEMENT......................................................................................................20
ARTICLE 28 SUBJECT TO APPROPRIATION......................................................................................
21
ARTICLE 29 ORDER OF PRECEDENCE...............................................................................................21
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS 419-7605
DI
DESIGN -BUILD AGREEMENT
This Agreement is made this —day of , 2020 between Quality Enterprises USA, Inc.,
authorized to do business in the State of Florida (hereinafter called "Contractor") whose business address
3494 Shearwater Street, Naples, Florida 34117-8414 and the Board of County Commissioners acting as
the Governing Board of the Collier County Water Sewer District, a political subdivision of the State of
Florida, (hereinafter called the "COUNTY" "OWNER"), (collectively referred to as the "Parties").
WITNESSETH:
WHEREAS, the Owner solicited for the provision of design and construction services related to
the project as described in Request for Professional Services (RPS) #19-7605, "Immokalee Road, Logan
Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project," 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 #19-7605 "Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road
New 24 -inch Force Main Project' 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.
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RPS #19-7605
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1.1.2 The Basis of Design Documents, including the Owner's Project Criteria, Contractor's
Proposal.
1.1.3 Construction Documents prepared and approved in accordance with Article 2 of this
Agreement.
ARTICLE 2
CONTRACTOR'S SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR shall perform, or arrange for the performance of all design and construction services,
and provide all material equipment, tools and labor necessary to complete the Work described in and
reasonably inferable from the Contract Documents, including but not limited to, engineering, surveying,
hydro -geological, soils testing, procurement and construction, start-up, testing, training and warranty
services ("the Work") for the OWNER's Project.
2.2 Design Professional Services
2.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide
through qualified, licensed design professionals employed by CONTRACTOR, or
procured from qualified, independent licensed design consultants, the necessary design
services, including engineering surveying, hydro -geological and other design professional
services, for the preparation of the required drawings, specifications and other design
submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-2,
and Article 1. The design for the Project shall be set forth in the Construction Documents.
All changes, supplements and additions to the Construction Documents shall be subject to
OWNER's review and written approval, such approval to be obtained prior to the
commencement of any portion of the Work relating thereto.
2.2.2 The standard of care for all design professional services performed by or arranged by
CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised
by members of the design profession practicing under similar circumstances and in the
same or similar locality. CONTRACTOR shall use the services of those persons identified
in the attached Exhibit IC 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.
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RPS 919-7605
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.
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.
23.3 CONTRACTOR shall coordinate the activities of all Subcontractors. If OWNER performs
other work on the Project or at the site with separate CONTRACTOR's under OWNER's
control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with
those of such separate CONTRACTOR's so that the Project can be completed in an orderly
and coordinated manner without unreasonable disruption.
2.3A 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;
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RPS #19-7605
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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
Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
2.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body
having jurisdiction for safety of persons or property or to protect them from damage, injury
or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue
meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for
protection of the construction shall continue until such time as all the Work is completed.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is
to be performed and will furnish CONTRACTOR with all available information i.e., record as -built
drawings and legal site descriptions if they are available the physical characteristics, legal
limitations and utility limitations at the site. OWNER will assist in establishing test or boring
locations in cooperation with the design professional.
3.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or
subcontractors, for the purpose of performing and with the right to perform all acts, studies, and
research including, without limitation, the making of tests and evaluations, pursuant to the agreed
Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and
subcontractors, reasonable access to the site.
3.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work,
a representative who shall be fully acquainted with the Work and who has authority on behalf of
OWNER to approve changes in the scope of the Work, approve any daily reports submitted by
CONTRACTOR, render decisions promptly, and furnish 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.
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RPS #19-7605
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. CONTRACTOR shall be responsible for the costs of obtaining all
other required permits.
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 price
("GMP") lump sum of $9,858,072 (Nine Million Eight Hundred Fifty -Eight Thousand Seventy -
Two) for the entire Project, including alternate bid items, Owner's allowance and allowance items
#2-4 outlined in Exhibit A-1.
4.1.2 Owner's Contingency and Allowance. The Contract Amount includes Owner's
Contingency, which is controlled by the Owner and available to defray expenses attributable to
unforeseen circumstance relating to the construction and for added scope by the Owner. The
allowance items identified in Exhibit A-1 may be used per the general terms and conditions.
ARTICLE 5
PERFORMANCE AND PAYMENT BOND
5.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit
B -I 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.fins.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.
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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.
ARTICLE 6
INSURANCE REQUIREMENTS
6.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This
shall include Premises and Operations; Independent Contractors; Products and Completed
Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall
include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for
claims arising out of the performance of professional services under this Agreement. Contractor
waives its right of recovery against County as to any claims under this insurance. Such insurance
shall have limits of not less than $1,000,000 each claim and aggregate.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate
Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with
respect to any other insurance maintained by, or available for the benefit of, the Additional Insured
and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies
will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice,
or in accordance with policy provisions. Contractor shall also notify County, in a like manner,
within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal
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RPS #19-7605
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or material change in coverage or limits received by Contractor from its insurer, and nothing
contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements that
the Contractor is required to meet.
6.2 OWNER and CONTRACTOR waive against each other and OWNER's separate
CONTRACTOR's, Design Consultant, Subcontractors, agents and employees of each and all of
them, all damages covered by property insurance provided herein, except such rights as they may
have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate,
require similar waivers of subrogation from OWNER's separate CONTRACTOR's, Design
Consultants and Subcontractors and shall require each of them to include similar waivers in their
contracts.
6.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance.
6.4 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in this Article 6, and Exhibit B —
Insurance Requirements, with certificates attached as Exhibit B to this Agreement. Certificates
must identify the specific Project name, as well as the site location and address (if any).
6.5 All insurance policies, other than the Business Automobile and Workers Compensation policies,
provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier
County, Florida, as an additional insured as to the operations of CONTRACTOR under this
Agreement and shall contain a severability of interests provisions.
6.6 Collier County Board of County Commissioners shall be named as the Certificate Holder.
NOTE --The "Certificate Holder" should read as follows;
Collier County Board of County Commissioners
Naples, Florida
6.7 The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONTRACTOR must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONTRACTOR's sole responsibility.
6.8 Coverage's shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the Project by the OWNER or as specified in this
Agreement, whichever is longer.
6.9 The CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to the
OWNER of policy cancellation or non -renewal on the part of the insurance carrier or the
CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material
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RPS #19-7605
change in coverages or limits received by CONTRACTOR from its insurer and nothing contained
herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder,
CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
6.10 Should at any time the CONTRACTOR not maintain the insurance coverages required herein, the
OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR
fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the
right to offset these costs from any amount due CONTRACTOR under this Agreement or any other
agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance
company or companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Contract Documents.
6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER,
renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the
date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal
certificate(s) shall be considered justification for the OWNER to terminate the Agreement.
ARTICLE 7
CONTRACT TIME AND LIQUIDATED DAMAGES
7.1 Time is of the essence in the performance of the Work under this Agreement. The Work is to
be completed in segments and each segment will have two phases (i.e. Design Phase and
Construction Phase), the timely completion of the first phase is critical to the timely completion of
the second phase and, therefore, completion of the entire Project. The "Commencement Date" shall
be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall
commence the Design Phase of the Work within five (5) calendar days from receipt of the notice
of the Design Phase Commencement Date, No Work shall be performed at the Project site prior to
the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase
Commencement Date shall be at the sole risk of CONTRACTOR.
7.2 The Work shall be substantially completed within four hundred twenty-five (425) calendar days
from the Commencement Date. The date of substantial completion of the Work (or designated
portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that
construction Is sufficiently complete and in accordance with the Contract Documents, so that
OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which
it is intended.
7.3 The Work shall reach final completion and be ready for final acceptance by OWNER within four
hundred fifty-seven (457) 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
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RPS #19-7605
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, three -thousand four hundred forty-seven
($3,447) for each calendar day thereafter until substantial completion is achieved. Further, in the
event Substantial Completion is reached, but the CONTRACTOR fails to reach Final Completion
within the required time period, OWNER shall also be entitled to assess, and CONTRACTOR shall
be liable for all actual damages incurred by OWNER as a result of CONTRACTOR failing to
timely achieve Final Completion. The Project shall be deemed to be substantially completed on the
date the OWNER's Project Manager or his designee issues a Certificate of Substantial Completion
pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights
which it may have to seek to characterize the above noted liquidated damages as a penalty, which
the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the
time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work
as scheduled.
7.5 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed
upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida
arising as a result of CONTRACTOR's failure to substantially complete the scope of work within
the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of
Collier County to contest and/or otherwise dispute any and all such fines and/or penalties should
any be threatened to be imposed.
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.
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7.9 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the OWNER will count default days as "calendar days.
7.10 In the event CONTRACTOR defaults on any of its obligations under the Agreement and OWNER
elects to complete the Work, in whole or in part, through another contractor or its own forces, the
CONTRACTOR and/or its surety shall continue to be liable for the liquidated damages under the
Agreement until OWNER achieves Substantial and Final Completion of the Work. OWNER will
not charge liquidated damages for any delay in achieving Substantial or Final Completion as a
result of any unreasonable action or delay on the part of the OWNER.
7.11 The OWNER has the right to apply any amounts due CONTRACTOR under this Agreement or
any other agreement between OWNER and CONTRACTOR, as payment on such damages due
under this Agreement in OWNER's sole discretion.
7.12 Notwithstanding anything herein to the contrary, the OWNER does not waive its right to damages
due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
7.13 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by
the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but
the OWNER will not charge damages for any delay in the Final Completion of the OWNER's
performance of the work due to any unreasonable action or delay on the part of the OWNER.
7.14 The OWNER considers the Contract complete when the CONTRACTOR has completed in its
entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work
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.
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8.2 The duty to defend under this Article 8 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, OWNER
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's
obligation to indemnify and defend under this Article 8 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
OWNER or an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
ARTICLE 9
CONSEQUENTIAL DAMAGES
9.1 Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential
damages, whether arising in contract, tort (including negligence), statute or strict liability.
ARTICLE 10
LAWS AND REGULATIONS
10.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations.
10.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. Any
suit or action brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in Collier County,
Florida, which courts have sole and exclusive jurisdiction on all such matters.
10.3 Contractor shall keep all records and supporting documentation, which concern or relate to the
Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or
the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119,0701(2)(a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
Keep and maintain public records required by the public agency to perform the service.
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
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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 systerns of the public agency.
ARTICLE 11
INDEPENDENT CONTRACTOR
11.1 CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method
of performing the Work are under the sole control of CONTRACTOR or its subcontractor(s).
ARTICLE 12
DISPUTE RESOLUTION
12.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of
the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and CONTRACTOR arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
12.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight
(48) hours from when the CONTRACTOR knew or should have known of the event giving rise to
such Claim or else the CONTRACTOR shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants additional time in writing, or else the
CONTRACTOR shall be deemed to have waived the Claim.
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
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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 expressed written
consent of OWNER, which shall not be unreasonably withheld. Any attempt to assign or otherwise
transfer this Agreement, or any part herein, without such OWNER's consent, shall be void. If
CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward CONTRACTOR all of the obligations and
responsibilities that CONTRACTOR has assumed toward OWNER.
ARTICLE 14
PERFORMANCE OF WORK AND REMEDY
14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to
CONTRACTOR or any subcontractor(s) by any material men supplying materials, equipment or
fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any
materials and equipment furnished under the Contract Documents shall be new except to the extent,
if any, expressly specified otherwise, and that all Work shall be of good quality, free from all
material defects and in conformance with the Contract Documents. CONTRACTOR further
warrants to OWNER that all materials and equipment furnished under the Contract Documents
shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable manufacturers, fabricators, suppliers or processors except as
otherwise provided for in the Contract Documents. Where any work is performed by the
CONTRACTOR's own forces or by subcontractors under contract with the CONTRACTOR, the
Contractor shall warrant that all materials and equipment included in such work will be of good
quality, free from improper workmanship and defective materials and in conformance with the
drawings and specifications. The work shall be under warranty for a two-year period (per proposal)
from the date of acceptance by the County (i.e., the date of final completion), unless superseded in
the scope of work. The CONTRACTOR further agrees to correct all work found by the County to
be defective in material or workmanship or not in conformance with the drawings or specifications
at no expense to the County during the aforementioned warranty period. Additionally, the HDPE
pipe manufacturer shall also provide an extra three years materials warranty coverage for a total of
five -years HDPE pipe coverage from the date of acceptance (final completion) by the County.
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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.
14.2 No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other
representative of the OWNER, shall conduct an inspection of the warranted work to verify
compliance with the requirements of the Agreement. The CONTRACTOR's Representative shall
be present at the time of inspection and shall take remedial actions to correct any deficiencies noted
in the inspection. Failure of the CONTRACTOR to correct the cited deficiencies shall be grounds
for the County to disqualify the CONTRACTOR from future County bid opportunities.
ARTICLE 15
FORCE MAJEURE
15.1 Notwithstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any
time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force
majeure, by any act of CONTRACTOR, of OWNER or a third party, by adverse weather conditions
not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond
CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the
Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be
compensated for changes in the Work necessitated by such force majeure event provided, however,
that the delay would not have occurred but for the act or the force majeure.
15.2 In the event either party to this agreement is rendered unable, either wholly or in part, by an act or
force majeure as described hereinabove, to carry out its obligation under this Agreement, other than
its obligations to make payments when due, then the party affected by such act or force majeure,
as described hereinabove, shall give written notice with clear explanation to the other party within
five (5) business days of discovery of the act or force majeure. Following such notice, the effective
obligations of the party giving notice shall be suspended only during the continuance of the act or
force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause.
15.3 The term "force majeure" as employed herein shall mean acts of Nature, acts of public enemy, war,
blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, storm,
flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to
obtain material(s) and/or any other substantially similar cause(s) not within the reasonable control
of the party claiming a suspension despite that party's due diligence.
ARTICLE 16
CHANGE IN LAW
16.1 CONTRACTOR shall be compensated for changes in the Work and the time for completion of the
Work shall be extended as necessitated by the occurrence of any of the following on or subsequent
to the Agreement Date; (a) the enactment, adoption, promulgation, modification, repeal, or formal
change in interpretation of any federal, state or local law or regulation having the force of law; (b)
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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.
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
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paid in frill) 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.
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
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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.
CONTRACTOR warrants to OWNER that it has frill 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.
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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 pants hereof shall remain in full force and effect, and binding upon the parties hereto.
21.2 All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall
survive the completion of the Services and the termination of this Agreement.
ARTICLE 22
PUBLIC ENTITY CRIMES
22.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed
by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows;
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"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 and Additional Negotiated Items
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
Exhibit J:
County's Negotiated Design Criteria
The RPS #19-7605 "Immolcalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -
inch Force Main Project" 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, to the following addresses:
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CONTRACTOR:
Quality Enterprises USA, Inc.
3494 Shearwater Sheet
Naples, FL 34117-8414
Telephone: 239-435-7200
Email: lgaudio meusa.com
OWNER:
Board of County Commissioners, Acting as
the Governing Board of the Collier County
Water Sewer District
c/o Tom Chmelik, Director,
Planning and Project Management
Department
Collier County Public Utilities Division
3339 Tamiami Trail East, Suite 303
Naples, Florida 34112
Telephone: 239-252-6213
Email: Tom. Chmelilc &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.
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.
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27.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as
to any form writings signed by the Parties, such as Purchase Orders, Work Orders, or other Order,
and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to
the Parties without altering any of the terms or provisions hereof, regardless of the language
appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement
shall govern.
ARTICLE 28
SUBJECT TO APPROPRIATION
28.1 It is further understood and agreed by and between the parties herein that this Agreement is subject
to appropriation by the Board of County Commissioners.
ARTICLE 29
ORDER OF PRECEDENCE
29.1 In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Agreement and the General Terms and Conditions shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement and the General Terms and Conditions. To the extent any conflict
in the terms of the Contract Documents including the Owner's Board approved Executive Summary
cannot be resolved by application of the Supplemental Conditions, if any, or the Construction
Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
(signature page to follow)
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent,
have executed this Agreement on the date and year first written above,
ATTEST: BOARD OF COUNTY COMMISSIONERS,
ACTING AS THE GOVERNING BOARD OF THE
Crystal K. Kinzel, Cleric of Court COLLIER COUNTY WATER SEWER DISTRICT
& Comptroller
Dated:
(SEAL)
Contractor's Witnesses:
Contractor's First Witness - Signature
*Type/print witness name*
Contractor's Second Witness — Signature
*Type/print witness name*
Approved as to Form and Legality:
Scott R. Teach, Deputy County Attorney
to
Burt Saunders, Chairman
QUALITY ENTERPRISES USA, INC.
Signature - Authorized Agent
*Type/print title*
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EXHIBIT A-1
GMP SCHEDULE
Item #
Item Description
Unit
Quantity
Price
Unit Design -Build Base Bid including the following owner -directed allowances (Items #24)
1
Design -Build Based Bid
LS
1
$8,600,000
2
FPL Electrical Services and/or PS
Electrical/Instrumentation work allowance
Amount
1
$100,000
3
Legal Sketches and Description for
easements (temporary and permanent
easements) work allowance
Amount
1
$100,000
4
Owner's allowance
Amount
1
$430,000
5
Net cost increase of additional negotiated
as outlined on Page 23 of this Agreement
Amount
1
$628,072
TOTAL LUMP SUM GMP PRICE INCLUDING ALLOWANCES
$9,858,072
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ADDITIONAL NEGOTIATED COST AND CREDITS
Unit Price (Furnish & Total
Install)
MPS 104
Plug Valve @ MPS 104 16" 1 EA $25,900.00 $25,900.00
Revise Drill crossing Immokalee
Drill Pipe 24" 450 LF $418.00 $188,100.00
Fittings - 45's 24" 0 EA $6,060.00 $0.00
24" HDPE To west of bridge
24" Pipe from East side of bridge towest side
24"
600 LF
$170.00
$102,000.00
Exploratory dig in meeting to confirm 20" pipe
1 LS
$2,500.00
$2,500.00
ARVs
24"
2 EA
$9,265.00
$18,530.00
Canal Crossing
1 EA
$213,225.00
$213,225.00
Remove/Reinstall Guardrail
1 LS
$4,500.00
$4,500.00
Open Cut Across Immokalee
1 LS
$25,875.00
$25,875.00
Hot tap 20x20
1 EA
$29,500.00
$29,500.00
Plug Valve
24"
4 EA
$41,600.00
$166,400.00
Tee
24"x24"
1 EA
$9,000.00
$9,000.00
Reducer
2420
1 EA
$5,440.00
$5,440.00
Cap
24"
1 EA
$9,175.00
$9,175.00
Restore Pathway
1 LS
$38,057.00
$38,057.00
Restore Immokalee Rd
1 LS
$90,000.00
$90,000.00
Landscape Median Restoration
1 LS
$20,000.00
$20,000.00
Design/Permitting Fee
1 LS
$18,000.00
$18,000.00
North Side of Bridge
Plug Valve
24"
0 EA
$41,600.00
$0.00
Tee
2412
1 EA
$5,400.00
$5,400.00
Open Cut HDPE
24"
0 LF
$0.00
$0.00
Treeline Drive
HPDE
12"
20 LF
$78.00
$1,560.00
Plug Valve
8"
2 EA
$5,760.00
$11,520.00
Fitting - Reducer
12x8
1 EA
$2,500.00
$2,500.00
Page 24
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS #19-7605
CREDITS
Remove Diagno) Drill
24"
2350 LF
-$418.00
-$146,300.00
16" Piping at Immokalee Rd Tie In
12"
1 EA
-$6,885.00
-$6,885.00
Open Cut Pipe Install
16"
65 LF
-$220.00
-$14,300.00
Pipe at Canal
16"
1 EA
-$26,450.00
-$26,450.00
Plug Valve
16"
1 EA
-$25,900.00
-$25,900.00
Tapping Sleeve & Valve
16"
1 EA
-$22,030.00
-$22,030.00
Fittings 22,5
24"
1 EA
-$5,010.00
-$5,010.00
Fittings reducer
2416
1 EA
-$4,260.00
-$4,260.00
Fittings reducer
16x12
1 EA
-$2,900,00
-$2,900.00
Tee
16"
1 EA
-$3,790.00
-$3,790.00
HDPE Open Cut at Logan Immokalee Rd
12"
70 LF
-$78.00
-$5,460.00
Restoration
1 LS
-$70,000,00
-$70,000.00
Treeline Drive
Fitting - 45
12"
2 EA
-$3,000.00
-$6,000,00
Plug Valve
12"
1 EA
-$6,885.00
-$6,885.00
Fitting - Reducer
12x6
1 EA
-$2,200.00
-$2,200.00
Plug Valve
6"
1 EA
-$2,825,00
-$2,825.00
Fitting 22.5
6"
1 EA
-$1,800.00
-$1,800.00
Road Restoration Grout 8"
1 LS
-$7,500.00
-$7,500.00
Pipe
1 LS
-$7,500,00
-$5,500.00
Grand Total:
$628,072.00
Page 25
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS #19-7605
EXHIBIT A-2
CONTRACTOR'S PROPOSAL
(following this page)
Page 26
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS #19-7605
■
[1GAN BWfI
CONTACT
Phone 239.435.7200
Fax 239.435.7202
contact@geusa,com
■
0 1 Transmittal Letter & Executive Summary
02 Project Team Approach
03Technical Information
■
011 Transmittal Letter &Executive Summary
N
Procurement Services Division
Attn: Geoff Thomas, Procurement Strategist
3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112
OCTOBER 22, 2019
'16 X't, MAU
Enclosed please find our Step 2 response to RPS No; 19-7605 for the Design Build of Logan Blvd-
Immokalee Rd- VBR New 24" FM. This response is submitted on behalf of the Quality Enterprises
USA, Inc. and Q. GradyMinor & Associates, P.A. Design -Build team. We have received, reviewed, and
understand the requirementsof RPS No:19-7605- Step 2 and agreeto be bound bythose 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 has been delivered to
you under separate cover.
We acknowledge receipt of Addendum 1, Addendum 2, Addendum 3, Addendum 4, Addendum 5,
Addendum 6, Addendum 7, Addendum 8, Addendum 9, Addendum 10, Addendum 11, and Addendum
12. The signed addendums are included at the end of Section 3: Technical Information, as well. It
should be noted that a change has been made to the Design Build Team's Key Personnel, with the
addition of Fred L. Wiedner and Christopher S. Speros serving as the Construction Project Manager
and Superintendent, respectively.
The principal contact for our team will be myself, Louis 7. Gaudio, and my contact information is listed
below. On behalf of the Quality Enterprises USA, Inc. and Q. GradyMinor & Associates, P.A. team, I
thank you for the opportunity to propose on this project.
Sincerely,
Quality Enterprises USA, Inc.
3494 Shearwater St.
Naples, FL 34117
239-435-7200
IgaudioC geusa.com
01 )
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
E + GRADYMINOR ( A PROVEN & ESTABLISHED PARTNERSHIP
The Quality Enterprises USA, Inc. + Q. GradyMinor & Associates, P.A. design -build team is highly qualified for the
Logan Blvd-Immokalee Rd-VBR NEW 24" FM Design Build Project. Having collaborated on over 36 projects, the
QE+ GradyMinor team is well established in Collier County and has more than 20 years of experience in the local
area. Combined, QE + GradyMinor have successfully completed hundreds of projects with similar components,
maintain an outstanding working relationship with each other and with Collier County, and have a vested interest
in the success of this project.
QE + GradyMinor will work collaboratively to provide Collier County with the most cost effective and successful
design. Together, QE+ GradyMinor will:
• Work closely with Collier County staff to identify and meet all goals
• Provide industry -proven, technical, construction, and management expertise
• Use local resources to meet the County's desired schedule
• Identify and mitigate risks to avoid delays and provide the most cost-effective solutions
• Comply with all design package criteria and County standards for utilities, roadway, and ROW
• Prioritize public concerns to avoid impacts on surrounding residents, areas, and the environment
• Be available to the County at all times
QE is a versatile general contractor and will self -perform over 90% of the project. This cost saving practice
will allow for flexibility in scheduling, adaptability to rapid project changes, and guarantees that a skilled, local
and dynamic workforce will be available throughout the project. The team has also assembled a group of highly
reputable, local companies with proven success to participate in this Design -Build project: Earth View, LLC,
QE's in-house trenchless technology sister company, for Horizontal Directional Drilling (HDD), Fusing, and
Utility Location Services, Brierley Associates for Trenchless Design, Forge Engineering Inc. for Geotechnical
Engineering, Passarella Associates, Inc, for Environmental Consulting and Celia Molnar & Associates, Inc. for
Public Information.
•0•: •� •:
The QE+ GradyMinor team understands the County's goal to: "increase the capacity of the existing wastewater
system along Immokalee Road. Itshall be capable to transport wastewater flows in multiple directions including,
but not limited to, 7) directing flow from the Heritage Bay Master Pump Station (HBMPS) to MPS 704, MPS 103 or
MPS 707; 2) directing flow from MPS 704 to the HBMPS; or 3) directing flow from the HBMPS to the North County
Water Reclamation Facility (NCWRF)." QE+ GradyMinor's projected workload aligns with the proposed design -
build schedule and the team commits to providing the required services, mobilizing resources in response to
the established timeline, and to being readily available and accessible during all phases of the project.
QE has successfully completed hundreds of projects for Collier County. With key players from QE and Collier
County involved on many of the same projects, a strong relationship has been formed and the QE + GradyMinor
team is aware of the County's high standards and expectations for local work. The QE + GradyMinor team
has put a significant amount of planning into this project and the team's understanding of local conditions will
expedite movement through all phases.
QE's role as overall project manager includes: overseeing pipe installations, all testing, tie-ins, and restoration
work. GradyMinor will be instrumental in the project design and will provide survey, permitting, construction
administration, and construction engineering inspection (CEI).
02
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
In order to provide wastewater transmission capacity to the North County Water Reclamation Facility (NCWRF) and provide operational
flexibility for the growing northeast quadrant of Collier County's utility service area, Collier County desires to construct a 24 -inch force
main from the Heritage Bay MPS (HBMPS) west along Immokalee Road then south along Logan Boulevard to MPS 104 located on
Vanderbilt Beach Drive, just east of Logan Boulevard. A section of the required force main has been constructed along Immokalee
Road, north of the Cocohatchee Canal from the extension of Collier Boulevard (CR 9S1) west to about 170 feet east of Rose Boulevard.
The proposed 24 -inch HDPE force main associated with this Design -Build project will begin at the termination of the existing section
(170 feet east of Rose Boulevard) and continue west along Immokalee Road, north of the Cocohatchee Canal, At Logan Boulevard, the
force main will turn south to Vanderbilt Beach Road, then east to MPS 104.
Additionally, as part of this project, approximately 1,400 feet of proposed 12 -
inch HDPE will be constructed to replace an existing 8 -inch PVC wastewater
force main along Logan Boulevard from Immokalee Road north to Treeline
Drive. The existing 8 -inch PVC force main is connected to an existing 16 -
inch PVC transmission force main in Immokalee Road and an existing 12 -inch
PVC and 6 -inch PVC wastewater force main at Treeline Drive. The 12 -inch PVC
force main receives the wastewater flows of Riverstone of Naples and Stone
Creek Developments and the 6 -inch PVC force main receives wastewater
flows from pump station 107.50 at Olde Cypress Development.
For the purpose of this technical document, QE +GradyMinor has divided
the project into four (4) segments as follows:
MPS 104 to Vanderbilt Beach Road (1,000 LF of 24 -inch HDPE force
main piping)
Logan Boulevard from Vanderbilt Beach Road to Immokalee Road
(11,000 LF of 24 -inch HDPE force main piping)
Immokalee Road from Logan Boulevard to east of Rose Boulevard
(7,000 LF of 24 -inch HDPE force main piping)
Logan Boulevard from Immokalee Road to Treeline Drive (1,400 LF of
12 -inch HDPE force main piping)
The proposed force main will increase the capacity of the existing wastewater system along Immokalee Road and will allow wastewater
flows to be conveyed in multiple directions including, 1) directing flow from the Heritage Bay Master Pump Station (HBMPS) to MPS
103, MPS 107, or the NCWRF; 2) directing flow the HBMPS to MPS 104; or 3) directing flow from the MPS 104 to the HBMPS. The various
wastewater flow scenarios are depicted below. It should be noted that the Design Criteria Package, dated July 30, 2019, depicts the
scenario of pumping from HBMPS to the NCWRF independent from HBMPS to MPS 103 and MPS 107. However, in reference to the
proposed 24 -inch force main associated with this project, this scenario is no different from pumping HBMPS to MPS 103 or MPS
107, through the existing 16 -inch force main in Immokalee Road west of Logan Boulevard. Additionally, if the intention is to send
wastewater from HBMPS to MPS 104 and then from MPS 104 to the NCWRF, this scenario is no different than directing flow from the
HBMPS to MPS 104.
03
MPS 104 is currently offline and does not receive wastewater flow
into the station. MPS 104 is designed to receive wastewater flows
from Wastewater Basins 107, 167, 168, 169, 170 180, and 190 via an
existing 16 -inch force main along the north side of Vanderbilt
Beach Road. MPS 104 is designed to convey wastewater flows to
the NCWRF via a 20 -inch force main on Vanderbilt Beach Road.
MPS 104 has the infrastructure in place to receive flow from MPS
313, located at the southwest corner of the intersection of Santa
Barbara Boulevard and Radio Road. MPS 313 typically pumps
wastewater to MPS 312, which pumps to MPS 302, wh ich ultimately
pumps to the South County Water Reclamation Facility (SCWRF).
Existing infrastructure is in place to allow the wastewater from
MPS 313 to be reversed, and therefore can divert waste water flow
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
from MPS's 302, 312, and 313 to MPS 104 and ultimatelythe NCWRF.
Conversely, MPS 104 can direct wastewater flows received from
Wastewater Basins 107,167,168,169,170180, and 190 to MPS 313.00
and thus ultimately to the SCWRF.
With the connection to MPS 104, the proposed 24 -inch force
main will provide Collier County the ability in the future to direct
flows to the east to the North East Service Area's (NESA) future
Northeast Water Reclamation Facility through the HBMPS.
Additionally, with the completion of the proposed 24 -inch force
main associated with this Design -Build project, wastewater flows
from MPS 107 will be able to be conveyed to the NCWRF through
MPS 104 which will help reduce the wastewater flows currently
within the 16 -inch force main (which ultimately upsizes to a 24 -
inch) along Immokalee Road.
SEGMENT 1- Master Pump Station 104 to Vanderbilt Beach Road
Segment No. 1 consists of approximately 1,000 linear feet (LF) of proposed 24 -inch DR11 HDPE force
main piping to be installed via a combination of open cut and horizontal directional drill (HDD) from
MPS 104 to Logan Boulevard. Beginning at MPS 104 the proposed 24 -inch force main will connect
to MPS 104 underground, outside of the MPS perimeter wall and is proposed to be constructed as
follows:
• Via HDD under Vanderbilt Beach Road, to the northern ROW of Vanderbilt Beach Road,
approximately 200 LF;
® Via open cut along the northern ROW of Vanderbilt Beach Road to just east of Logan
Boulevard, approximately 550 LF;
® Via HDD under Logan Boulevard to the western right turn lane, approximately 250 LF.
Segment No. 1 incudes the connection of the proposed 24 -inch force main to MPS 104. Addendum No. 10, dated October 11, 2019,
provided the required pumping scenarios, two of which are achievable with the existing piping and valves at MPS 104. A total of six
(6) pumping scenarios shall be achievable following the completion of this Design -Build Project as follows:
" Existing Scenario No. l: MPS 104 to NCWRF via the existing 24" FM
® Existing Scenario No. 2: MPS 104 south on Logan Blvd. via the existing 20" FM, via
the existing 20724" interconnect
® Proposed Scenario No. 3: MPS 104 north on Logan Blvd via the new 24" FM
• Proposed Scenario No. 4: Bypass MPS104via the new 24" FM interconnect between
the existing 24" FM and the new 24" FM
® Proposed Scenario No. S: New 24" FM flow into MPS 104 wet well via existing 16" FM
® Proposed Scenario No. 6: New 24" FM flow into MPS 104wetwell via existing 20" FM.
As understood from Addendum No. 10, the pipe alignment and connections to MPS 104
will be determined during contract negotiations with the selected Design -Build Team.
In preparation for Step 2 of this Project, QE + GradyMinor analyzed the existing and
proposed pumping scenarios and created the sketch to the right to meet the County's
pumping scenarios. *A larger image can be found in Section 3: Technical Information. If selected for this design build project, the QE+
GradyMinor team has the knowledge to discuss pumping scenarios with the County in depth during contract negotiations.
04
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
SEGMENT 2- Immokalee Road from Logan Boulevard to Rose Boulevard
Segment No. 2 consists of approximately 11,000 LF of proposed 24 -inch DR11 HDPE force main to be
installed via a combination of open cut and HDD along Logan Boulevard from Vanderbilt Beach Road
to Immokalee Road. The proposed 24 -inch force main will be installed within the western right-of-
way (ROW) of Logan Boulevard, outside of the future Logan Boulevard expansion project. Beginning
at Vanderbilt Beach Road the proposed force main will be installed as follows (south to north):
m Via open cut to the north for approximately 4,350 LF;
® Via HDD for approximately 4,150 LF;
m Via open cut for approximately 2,150 LF;
® Via HDD under Immokalee Road and the Cocohatchee Canal approximately 350 LF,
Per the Design Criteria Package, dated July 30, 2019, and Addendum No. 7, dated October 7, 2019, both the proposed 24 -inch force
main and the proposed 12 -inch force main must connect to the existing 16 -inch force main in Immokalee Road. The purpose of the
connections is to allow wastewater flows to be conveyed in multiple directions, 1) directing flow from the Heritage Bay Master Pump
Station (HBMPS) to MPS 103, MPS 107, or the NCWRF; 2) directing flow the HBMPS to MPS 104; or 3) directing flow from the MPS 104
to the HBMPS. GradyMinor does not believe that two separate connections to the existing 16 -inch force main in Immokalee Road is
necessary to achieve the desired flexibility. One proposed 16 -inch connection would achieve the desired scenarios as depicted below.
. Larger images can be found in Section 3: Technical Information.
SEGMENT 3 - Immokalee Road from Logan Boulevard to Rose Boulevard
Segment No. 3 consists of approximately 7,000 LF of proposed 24 -inch DRII HDPE force main to be
installed via horizontal directional drill (HDD), less a small amount of main that will be open cut to
make connections, along Immokalee Road from Logan Boulevard to approximately 170 feet east of
Rose Boulevard. The proposed 24 -inch force main will be installed as follows (west to east):
a Via HDD from Logan Boulevard approximately 3,700 LF to just east of Preserve Lane;
® Via H DD from just east of Preserve Lane approximately 3,300 LF to the existing 24 -inch force main
approximately 170 feet east of Rose Boulevard.
The proposed 24 -inch force main within SFWMD ROW is proposed as two HDDs in Segment No. 3.
This will minimize impacts to the existing concrete sidewalk that extends the entire length of the
proposed 24 -inch force main and to eliminate impact to the SFWMD's Spreader Waterway and Coco -
3 Slide Gate Weir.
05
■
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
SEGMENT 4- Logan Boulevard from Immokalee Road to Treeline Drive
Segment No. 4 consists of approximately 1,400 LF of proposed 12 -inch DR11 HDPE and 16 -inch PVC/
DIP to replace an existing 8 -inch PVC wastewater force main along Logan Boulevard from Immokalee
Road to Treeline Drive, At Immokalee Road, the force main will connect to the existing 16 -inch force
main in the middle of Immokalee Road (via a proposed 16 -inch force main) and will connect to existing
6 -inch and 12 -inch force mains at the intersection of Treeline Drive. The proposed 12 -inch force main
will be installed as follows (south to north):
• Via 16 -inch PVC force main piping open cut from the existing 16 -inch force main (hot tap
connection) across the west bound lanes of Immokalee Road to the Cocohatchee Bridge;
• Via 16 -inch ductile iron pipe (DIP) aerial crossing of the Cocohatchee Canal (attached to the
bridge);
• Via 12 -inch HDPE piping open cut across Logan Boulevard, a distance of approximately 100 LF;
• Via 12 -inch HDPE piping HDD, from just north of the bridge, a distance of approximately 600 LF;
• Via open cut a distance of approximately 700 LF to Treeline Drive.
The connection to the existing 6 -inch force main at the intersection of Treeline Drive is proposed to be completed on the south side of
Treeline Drive, in the eastern ROW of Logan Boulevard. The connection to the existing 12 -inch force main at the intersection of Treeline
Drive is proposed to be completed on the north side of Treeline Drive, in the eastern ROW of Logan Boulevard.
<, i O ",x ;1:
QE+ GradyMinor have dramatically minimized impacts to the
local community by designing the project to use primarily HDD
methods. The proposed force mains mains associated with the
Logan Blvd, Immokalee RD, VBR New 24 FM Project will impact,
affect, or be installed adjacentto the following individual property
owners or entities with jurisdiction:
• Collier County Public Utilities
• Collier County ROW and Road Maintenance
• Collier County Real Property
• Fairway Preserve at Olde Cypress
• Island Walk
• Lantana at Olde Cypress
• Longshore Lake
• Saturnia Lakes
• SFWMD ROW (Cocohatchee Canal)
• The Cove
• US Postal Service
• Numerouse Businesses, Commercial and Residential Properties
WIffil TV
r
OPERATIONS
QE + GradyMinor will work closely with Collier County to minimize
impacts and disturbances to facility operations. Tie-ins to existing
facilities will be scheduled to occur out of season. Actual tie-in days
will be limited to Tuesday through Thursday with flexibility to perform
these tie-ins during off -shift hours. QE will utilize multiple crews to
limit duration of tie-ins.
Community outreach, involvement, and communication is
imperative to this Design -Build project and will be handled in full
by Celia Molnar & Associates, Inc. as follows:
• A website will be developed and maintained throughout
the project.
• A comprehensive mailing list of all property owners and
tenants in the project area will be prepared.
• An email database will be developed and maintained.
• Small group or one-on-one meetings will be held with
stakeholders in the project area.
• A newsletter about the project will be mailed prior to
construction.
• A pre -construction information meeting will be held for the
public to learn about the project, view plans, and have one-on-
one discussions with the Design -Build team and Collier County
staff.
• Project contact cards containing the website address and 24-
hour contact information will be distributed to affected parties.
• Media releases and roadwatch reports will be provided.
• During construction, public inquiries, requests and concerns
will be responded to and recorded.
• Notifications will be made to businesses and residents
regarding water shut -offs and driveway or access changes.
• A technical memorandum will summarize the public
information activities.
06 i�
QE + GradyMinor will follow all FDOT indexes when preparing traffic
control plans for the Logan Blvd-Immokalee Rd-VBR NEW 24" FM
Design Build Project. Bob's Barricades will prepare plans as necessary
and the team will incorporate all requirements from the Collier County
ROW Department. The MOT for the proposed improvements will not
significantly affect traffic, as a majority of the work is either within
the roadway shoulder regions of existing County ROW or SFWMD
easement, far enough off the edge of travel where the work zone will
not require shutting down travel or turn lanes, or being directionally
drilled, However, operations that will likely require lane closures are
Segment 1, Segment 2 and Segment 4:
I The improvements associated with the proposed western
terminus of the HDD •under Logan Boulevard at Vanderbilt
Beach Road. The proposed connection between the HDD and
open cut portions of the force main will be within the western
turnlane of Logan Boulevard and require a right turn lane
closure on Vanderbilt Beach Road. FDOT Standard Index 102-
601,102-602 or 102-603 will need to be adhered to depending
on how far the offset of the work zone is from the edge of
travel.
I The proposed connection of the proposed 16 -inch force main
to the existing 16 -inch force main in the middle of Immokalee
Road, which is a six lane divided roadway, will likely require
the utilization of FDOT Standard Index 102-611,102-612 or 102-
613 depending on how far the offset of the work zone is from
the edge of travel. Standard Index 102-615 may apply as well
since the work will be near the intersection.
I The connections to the existing 6 -inch and 12 -inch force mains
at Treeline Drive. FDOT Standard Index 102 -601,102 -602,102-
603,102 -611,102-612,
02-601,102-602,102-
603,102-611,102-612, and 102-660 will be utilized
In addition to the standard one-year warranty typically provided on
all Collier County projects, QE will extend the warranty on labor
and materials for the Logan Blvd-Immokalee Rd-VBR NEW 24" FM
Project by one year for a total of two years total warranty. The HDPE
pipe manufacturer will also provide an extra three years material
warranty for a total of five years HDPE pipe coverage. This is
beneficial for the County and reinforces QE+ GradyMinor's dedication
and interest in this Design -Build project.
QE+ GradyMinor will work diligently with and for Collier County
during all project phases to provide the most economical design
and best construction services. The team encourages input from
the individuals that will own, operate, and maintain the system after
its completion and value feedback from staff at all levels to ensure
long-term project satisfaction. QE + GradyMinor strive to ensure that
07
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
every project completed has a long-lasting positive effect on the
County's utility infrastructure system.
. x �, � • •, x � x ■ . • � x
® Prioritize the needs of residents, businesses, and stakeholders
within project limits
Prepare sound engineered designs that minimize
environmental impact
® Maintain clear, accurate communication through the entire
project
® Install lasting utilities
® offer exceptional service to Collier County at an economical cost
The QE+ GradyMinor team prioritizes site security. With QE's
equipment yard less than 8 miles from the project site, mobilization,
storage, and maintenance costs will be reduced. Site access during
construction will be controlled, and only authorized personnel will
be allowed onsite. Clearly visible signage for permitted access will be
furnished. QE will utilize green spaces along the ROW on Logan Blvd.
for staging of equipment and materials, Materials will be distributed
throughout the project as needed. Staging areas will be secured
with orange safety fencing and restored to existing conditions at the
completion of the project.
QE+ GradyMinor will implement over 12,300 LF of pipe installation
by Horizontal Directional Drilling (HDD) to minimize impact to the
environment, traveling public, local businesses and residences, and
pedestrian facilities. HDD minimizes demolition & restoration and
allows for a more time efficient installation. Areas that are open cut
will be scheduled at times to minimize impact to the affected public,
local businesses and residents, and testing of open cut pipelines will
be prioritized so that those segments can be restored quickly upon
completion, All areas will be restored to pre -construction conditions
or better.
QE will also utilize in situ material and recycled material to minimize
environmental impact. All areas of pavement will be removed using
a milling machine; millings can then be recycled and used by local
asphalt plants. Removed concrete will be crushed off site and recycled
as stone bedding. Rock removed from trenches will also be hauled off
site and recycled for stone bedding.
The QE+ GradyMinor team does not anticipate noise or odor exceeding
acceptable limits for this project. All noise levels will be maintained at
or below the allowable Collier County ordinance limits.
QE+ Grady Minor propose the following innovative concepts for the Logan
Blvd-Immokalee Rd-VBR NEW 24" FM Design Build Project:
Horizontal Directional Drilling (HDD): Of the 20,000 LF of force main
piping associated with this project, QE + GradyMinor have proposed to install
60% by HDD which will greatly reduce the impacts to the environment
(no clearing on Logan), surrounding residents, communities, businesses,
motorist and general public. This equates to approximately 12,000 LF of
ROWS and roadways that will not be disturbed and approximately 12,000
LF force main piping installed with the average person not being aware of
the installation and thus not impacted.
• Immokalee and Logan Force Main Connection: Addendum No, 7, dated
October 7, 2019, stated "both the 24" FM and the upsized 12" FM must be
connected to the existing 16" FM in Immokalee Road". QE and GradyMinor
have analyzed this requirement in great detail, including the required
wastewater flow options between HBMPS, the NCWRF, and MPSs 103, 104,
and 107, and we believe the connection of the proposed 12 -inch and 24 -inch
force mains can be accomplished with one proposed 16 -inch connection to
the existing 16 -inch force main in Immokalee Road. As depicted on sheet
26 of our preliminary drawings included in section 3, the proposed 12 inch
and 24 inch force mains can be combined into one 16 inch force main
with a proposed 24 inch HDD force main under Immokalee Road. This will
achieve all the wastewater flow options required. QE + GradyMinor propose
one 16 -inch force main crossing from the north side of Immokalee Road to
the existing 16 -inch force main in the center of the roadway to provide the
connection of the 12 -inch and 24 -inch force mains as required, in addition
to the required crossing to the south side of Immokalee Road to convey
flows to and from MPS 104, GradyMinor examined the hydraulic impacts
as a result of combining the force mains into one 16 -inch connection and
determined that the additional loss due to the 16 -inch connection would
be minimal. Essentially, the impact from the combination into one 16 -inch
connection is only felt in the +/-150 LF of proposed 16 -inch piping, Even with
separate connections to the existing 16 -inch force main, when both the
proposed 12 -inch and 24 -inch force mains pump into the existing 16 -inch
force main, all three force mains experience essentially the same hydraulic
conditions, QE + GradyMinor believe that this innovated approach to the
existing 16 -inch connection will save money and time on this project and
create an easier system to operate with all the valves necessary to divert
wastewater flows outside of Immokalee Road travel lanes.
TRANSMITTAL LETTER & EXECUTIVE SUMMARY
In an effort to avoid the looped installation, QE and GradyMinor have proposed
to cross the Cocohatchee Canal with a combination of HDD and open cut.
As depicted In the preliminary drawings provided with this submittal, we
have proposed to end the 24 -inch HDD crossing of Immokalee Road within
the northern bank of the Cocohatchee Canal. The Canal will be dammed
such that the 24 -inch HDD force main can be intercepted via open cut to
allowfittings to be installed. Therefore, the minimum HDD curve radius that
would require the HDD to extend far north of the Cocohatchee Canal will no
longer be a limiting factor and the large loop north with the proposed 24 -
inch force main is not required. it should be noted that QE was the lowest
bidder on the widening of the Logan Bridge over the Cocohatchee Canal
and is in negotiations with CL Homes to perform this work which would
run concurrently with this project. This would significantly simplify the
coordination between these two projects and would allow QE to install
utilities within the same timeframe and footprint of the bridge project. As
part of the bridge widening, the canal would need to be dammed off and by
passed in order to perform work in the dry, providing QE the ability to install
the 24 -inch FM as depicted in our plans. This pipe routing removes the large
loop north of the bridge thereby reducing fittings, pipe length and roadway
restoration, thereby reducing cost to the county.
® Existing 8 -inch Force Main: The project includes the upsizing ofan existing
8 -inch PVC wastewater force main to a 12 -inch PVC wastewater force main
(approximately 1,400 feet) north on Logan Boulevard from the intersection
at Immokalee Road. Per the Design Criteria Package, dated July 30, 2019,
the existing force main shall be removed and/or grouted -in-place. QE and
GradyMinor feel that it may be advantageous for Collier County to leave the
existing 8 -inch force main in service, valved off, as a backup force main or a
force main to handle future capacity.
- MPS 104 Connection: Segment No. 1 incudes the connection of the
proposed 24 -inch force main to MPS 104. Addendum No. 10, dated October
11, 2019, provided the six (6) required pumping scenarios to be achieved
by this project, however detailed connections would be discussed during
negotiations for GMP. In preparation for Step 2 of this Project, QE and
GradyMinor analyzed the existing and proposed pumping scenarios and
determined an innovative means to connect to MPS 104, which includes
piping and valving to achieve the required, above, The proposed piping and
valving is constructible, with little impact to MPS104, and once completewill
achieve the County's required pumping scenarios.
• Addendum No. 10 pumping scenarios: Addendum No. 10, dated October
11, 2019, provided the six (6) required pumping scenarios, one which included
bypassing MPS 104 and connecting the proposed 24 -inch force main to
the existing 24 -inch force main effluent main, This connection can also be
achieved at the southeast corner of the intersection of Logan Boulevard and
Vanderbilt Beach Road. An additional -200 LF of 24 -inch force main can be
installed across Vanderbilt Beach Road and connected to the existing 24 -
inch effluent main on the east side of Logan Boulevard with the appropriate
- Cocohatchee Canal Crossing: Sheet 27 of the 2014 24" Force Main
valving to provide the requested pumping scenario.
Alignment Analysis Plans depicts the proposed 24 -inch force main extending
approximately 150 feet north of the Cocohatchee Canal ROW. 08
021 Project Team Approach
■
gE+ Gmuvwino,is the local, trusted, and reputable choice
for this Design -Build project. Having completed hundreds of
projects with similar components inSouthwest Florida, the 0s
+orudywinu,uoem is confident in their ability uo successfully
complete this project on time, within budget, and at high levels
of quality.
QE recently completed improvements at the intersection
cx|mmnua|ee Road and ooUkv Boulevard. This project was
within the same geographical footprint as the Logan Blvd-
|mmoka|aa nd-vsn New 24" FM Design Build Project and
involved utility wmrk, including a oo" Horizontal oi,acdono|
ohU under |mmoha|ee Road. The |mmoka|ee Road and
Collier Boulevard project was succes,hu|, strengthened the
company's familiarity with drilling and excavating through
heavy rock imthe area, and xWpr* prepare QE+Grouvminu,
for any geotechnical and environmental issues that may arise
onthe Design Build job site.
- Familiarity with Collier County specifications &
requirements including: utility, roadway, and ROW
requirements for construction and restoration
Open cut installation with fused HDPE is not typical
and very few contractors have experience with this
installation method, especially locally
- Knowledge of MPS 104 and surrounding Wastewater
Basins
Quality Enterprises USA, Inc. is leading construction firm
based inSouthwest Florida that focuses onmajor civil, building,
and specialized construction in both the private and public
sectors. Qehas worked inCollier County since 2ooaunavariety
of infrastructure projects and has dynamic knowledge and
understanding oflocal construction and regulatory conditions,
With the ability to self -perform over som of each project,
QE maintains job site control and has never been assessed
Uquatoudamages for project delays.
Established in19a.Q. Grady Minor mAssociates, pA.provides
expert civil consulting services to awidv array ofpublic and
private clients throughout Southwest Florida. Fully licensed and
insured, the company maintains astrong technical and business
09
PROJECT TEAM APPROACH
Furthermore, gEwas recently named lowest bidder "nthe
widening of the Logan Bridge over the Cvooxatohee Canal
and iyincurrent negvdnnswith the developer u,perform this
work. This project would be performed by QE's bridge crew
and would not take away resources from the Logan mvu-
|mmoxa|em Rd-vBm New 24P FM Design Build project. This
isnoted as QE+o,auvw|nvrhas the ability and flexibility to
coordinate Force Main installation mt this location. This drill can
he shortened across |mmoka|eo Rood to exit within the north
bank of the CuoohotcheeCanal, just *uthe south ofthe bridge
(on the northeast corner) and fittings can baplaced toinstall the
pipe heading east ofthe bridge without the additional length
and fittings thatwou|dberequired toenfurther north nnLogan.
Collier County can be confident in the QE + mouvwinc"
partnership based on their proven local performance. The
County can trust the team mprovide ahigh-quality solution that
exceeds standards, and to deliver timely, cost-effective results.
^ Knowledge oflocal seasonal variations inweather,
population, and wastewater flows
^ QE's role aaGeneral Contractor onthe Logan Bridge widening
pndenovviUaUovvfordesign changes, benefidngthevVastewausr
Department
^Gradywinp,was the Design Engineer for *BoxPS
^Extended Project Warranty
^gE+G,adX«oinorboth maintain large, local off ices
QE + GradyMinor will still be here when the project is done
Collier County
foundation and isalocal industry leader incivil engineering and
land deve|opmert, n"adywino, has successfully completed
avvide range ofprojects, is locally owned and managed. and
supports a team of 64+ employees.
Earth View, LLC. (EV) is pleased mpartner with the QE+
orauvminorteam for HDD onthis design -build project. Founded
in 2004, QE's in-house t,encmesytechnology sister company
has multiple drill rigs and isone ovfour companies inthe state
of Florida to own and operate the American Auger oo-440T
Maxi Rig Directional Drill. Earth View, LLC and has successfully
completed 31 directional drills on 10 projects for Collier County.
The organizational chart on the following page
displays a// team members for this Design Build,
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TRANSMITTAL LETTER & EXECUTIVE SUMMARY
The Logan Blvd-Immokalee Rd-VBR NEW 24" FM 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. Combined, QE+ GradyMinor has over 300 employees living and working in the
local area and QE's corporate office and equipment yard are less than 8 miles from the project site. This will strengthen project
management, as key personnel can perform daily job site visits and will result in the prompt mobilization of equipment.
QE will self -perform 90% of this design build project, including utility construction by QE's ten experienced pipe installation crews.
Earth View, LLC will provide HDD with its multiple drilling crews and GradyMinor will oversee all design, permitting, and engineering
efforts, 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 construction suite, this state-of-the-art technology program provides a direct line
of communication between the office and field, reducing the need for superintendents and crews to leave the job site and visit the
office. Additionally, as part of this process, a Procurement Register will be created to record all goods and services purchased by QE
from suppliers.
QE's corporate office and equipmentyard are less than 8 miles from the project site; therefore, all meetings between QE+ GradyMinor
and Collier County can be held at QE's office and followed by project site visits if desired. This is a great benefit for Collier County.
QE +GradyMinor propose the following meeting approach for this project:
a Kickoff meeting prior to project start to review project Additional meetings as necessary to coordinate with
objectives and initiate coordination with County staff suppliers, regulatory agencies, etc.
® Design review meetings at 60%,90%, and 100% plans to field Public meetings as necessary to inform residents, area
questions and incorporate questions from County staff businesses, etc. of upcoming activities
• Biweekly project progress meetings
QE is prepared for the Logan Blvd-Immokalee Rd-VBR NEW 24" FM Project. The company has experienced significant growth over
the past few years, increasing in total number of pieces of equipment owned, personnel employed, and number ofjobs successfully
With over 300 local employees and 350+ pieces of modern heavy construction equipment, The QE + GradyMinor team has the resources
of large competitors but an attentive and responsive management structure characteristic of a small firm.
Technology plays an integral role in QE's operations, as many machines are equipped with GPS, site positioning systems for machine
grading, and 3D technology. The company has also invested in Trimble Sitework Technology which allows millimeter accuracy with
fewer passes and no manual staking. All mid to large excavators are equipped with CAT Pin Grabber Coupler System which increases
machine performance, versatility, and jobsite safety. Collectively, these resources reduce project risk from the County's perspective.
PROJECT TEAM APPROACH
This Design -Build project will require significant coordination between QE+ GradyMinor and Collier County, QE+
GradyMinor's strong and experienced leadership (see following page) will manage the skilled construction workforce
and will ensure that the project is completed on time, within budget, and at high levels of quality.
The QE+ GradyMinor team is efficiently structured: Louis J. Gaudio serves as QE's Vice President and Fred L. Wiedner will
serve as the Construction Project Manager, and Christopher S. Speros will be the Superintendent, on the Logan Blvd-
Immokalee Rd- VBR New 24" FM Design Build Project. *The addition of Fred L. Wiedner and Christopher S. Speros are
a change to QE +GradyMinor's Key Personnel from RPS NO: 79-7605, Step 7, and both resumes have been included in
Section 3: Technical Information.
Fred will be available to Collier County at all times and will oversee construction operations, with Louis available to assist
when necessary. Fredwill be supported by qualified administrative staff and will work closely with GradyMinor, specifically
Justin Frederiksen, throughout this project. The management staff will remain hands on to identify opportunities, address
challenges, and mitigate risks. QE ensures that a Superintendent will remain on site with the construction crews at all
times, and regular site visits will be performed by other lead staff throughout the process.
KEY PERSONNEL COMMITMENT
PRECONSTRUCTION
CONSTRUCTION
Louis J. Gaudio
QE
Construction Manager
65%
%
Fred Wiedner
QE
Construction Project Manager
65%
100%
Harlan Sawyer
QE
Estimator
100% `
40%
Chris Speros
QE
Superintendent
30%
100%
Margarita Negron
QE
Manager of Health and Safety
30%
80%
Isa Carreras
QE
Project Administrator/ EEO Compliance Officer
20%
60%
Justin Frederiksen
Grady Minor
Design Build Project Manager
0%
80%
Sally Goldman
Grady Minor
Project Engineer
BO%
50%
Alex Dunko
Grady Minor
Project Engineer
60%
50%
Donald Saintenoy
Grady Minor
Survey Project Manager
30%
60%
Rick Featherstone
Grady Minor
Quality Assurance/ Quality Control
%
70%
John Daniel
Earth View
Directional Drill Project Manager
30%
0%
Joseph Townsend
Earth View
Directional Drill Superintendent/ Operator
30%
100%
Alan Hart
Earth View
Chemical Engineer
30%
100%
Brian Dorwart
Brierley
Senior Consultant
65%
70%
Nicholas Strater
Brierley
Senior Geologist
65%
50%
KEY PERSONNEL
WINJ.
° 25+ years of construction industry experience
'AUDIO
° Maintains a long-standing relationship with Collier County and is familiar with local conditions,
regulations, personnel, etc,
'ice President
° Experience managing projects ranging from $500K to $40 Million for Army Corps of Engineers,
Charlotte County, City of Naples and of Marco Island, FDOT, various Collier County divisions,
Naples Airport Authority, and the Town of Fort Myers Beach to list a few
E°
Oversees all QE utility, roadway and bridge projects in the State of Florida and South Carolina
° Louis overall coordination on the Design Build Project
will provide project
"'RED L.
° 20+ years of construction industry experience
NIEDNERis
Holds several advanced certifications, is a member of the Project Management institute, and
responsible for the overall direction, completion, and financial outcome of multiple large-scale
:Onstruction_
QE construction projects
project
Experience managing complex projects that included force main and other underground utility
vlanager
installations
° Will oversee all construction operations, utilize Viewpoint software, and be available to Collier
County at all times during the Design Build project
MISSPEROS®
28+ years of construction industry experience
• Holds several advanced certifications, including: NCCCO Crane Operation and Inspection
Certification, FOOT Maintenance of Traffic Certification, Asbestos Certification, Storm Water
Superintendent
Collection Certification, Trench Safety and Excavation Certification, Confined Space Certification,
First Aid/ CPR/AED Certification and Fall Protection Cerfication
° Strong understanding of SWFL construction and regulatory conditions
E°
Will oversee daily construction activities and field operations and utilize Viewpoint software
for electronic daily reports from the field
JOHN°
15+ years of Directional Drilling experience in both the utility and oil/gas industries with drills of
DANIEL°
pipe up to 42"
Highlighted Collier County project: installation of the 30" HDPE Watermain at the intersection
Directional Drill _
of Immokalee Road and Collier Boulevard, which lies within the same footprint as this Design
Project Manager
Build project
° John will provide oversight, management, and guidance to Earth View, LLC personnel
17+ years of engineering and construction experience in the State of Florida
Engineer of Record on various small and large utility projects in Collier County
Managed various Municipal Projects, which required: preparation of master planning
documents, engineering designs/ plans/ and specifications, project permitting, bidding
assistance, contractor selection, and general construction coordination
Significant knowledge of Collier County's utility systems and has been the Engineer of Record
for nearly a hundred municipal projects within Collier County
Served as Deputy Director of Utilities for the City of Naples
6+ years of municipal experience with direct involvement on water, wastewater, and site
development projects in Collier County
Extensive experience and knowledge of Collier County's wastewater MPSs and large diameter force
mains, including the HBMPS (design engineer), MPS 104 and the force mains within project vicinity
Ability to design and oversee the construction of large and small diameter wastewater collection,
pumping, transmission, and treatment components
• Experienced as a Civil Engineering Site Inspector (CEI)
Proven ability to successfully work with the public in Collier County during design and construction
13
PROJECT TEAM APPROACH
As one of the largest local utility
®a
®11
iji®>
contractors, QE is prepared for the
Logan Blvd -Immokalee Rd- VBR
Broom Tractors
05
Loaders
30
NEW 24" FM Project. With over
Crawler Cranes
02
Milling Machine
02
250 employees, including ten pipe
Crushing & Screening Equipment
10
Articulated Truck
01
installation crews, the company has
Dozers
03
Asphalt Pavers
03
a large and skilled workforce and is
Dump Trucks
08
Rollers
14
proud to celebrate 50 years of service
Epi Rock Drum Cutter
01
Rubber Tire Excavator
01
this year. QE is knowledgeable of local
Excavators
35
Skid Steer
04
conditions, has the capacity to bond
Excavators with Hammers
03
Sheet Pile Vibratory Hammer
02
this project, can acquire materials
Fusing Machine
03
Trailers
38
in a timely fashion, and will provide
Graders
02
Tractors
05
machinery from the company's heavy
Horizontal Directional Drilling Rigs
02
VAC Truck, Tankers, Mud Reclaimer
06
equipment fleet.
Lowboys
OS
QE Mechanics &Lube Trucks
06
QE's corporate office and equipment yard are located less than 8 miles from the project site and GradyMinor's office is located 10
miles from the project site; therefore, key personnel can be on location quickly should the need arise. The corporate office will serve
as the central meeting place between QE+ GradyMinor and Collier County staff, and meetings can be easily followed by visits to the
project site if requested. The close location will also allow for prompt equipment mobilization, resulting in significant cost savings
for Collier County. A map has been provided to show the distance between the project site and QE+ GradyMinor.
Bonita Springs
14
QE
tmITY
ENTERPRiEEB
KEY
The shows the location of the
Logan Blvd -Immokalee Rd- VBR
NEW 24" FM Project.
CORPORATE OFFICE LOCATION
Quality Enterprises, USA, Inc.
Approximately 8 miles from
proposed project location
3494 Shearwater Street
Naples, FL 34117
239.435.7200
qeusa.com
CIVIL ENGINEERING LOCATION
Q. Grady Minor & Associates, P.A.
Approximately 10 miles from
proposed project location
3800 Via Del Rey
Bonita Springs, Florida 34134
Phone: 239.947.1144
Fax: 239.947.0375
gradyminor.com
■
0 0
QE + GradyMinor has developed a master schedule
and segment/ task -specific schedules for this design -
build project to ensure project success from day one.
The proposed schedule is approximately 15 months
and includes approximately 7 months for design and
permitting and 8 months of construction (a portion of
which will occur concurrently with various design and
permitting phases). This project includes approximately
18,000 LF of new 24" and 1,400 LF of new 12" HDPE force
main piping.
SEGMENT 1 - Vanderbilt Beach Road to Master Pump
Station 104 includes approximately 1,000 LF of proposed
24 -inch DRII HDPE force main piping to be installed via
a combination of open cut and HDD from MPS 104 to
Logan Boulevard. Once QE + GradyMinor receives a NTP
from the county, the team will prepare 60% design plans
within 15 days, 100% design within an additional 3 days,
and final design plans within an additional 2 days. Itis not
anticipated that this segment will require environmental
permitting, Construction of segment 1 is anticipated to
take 11/2 months.
SEGMENT 2 - Logan Boulevard (between Immokalee
Road and Vanderbilt Beach Road) includes approximately
11,000 LF of proposed 24 -inch DRII HDPE force main
to be installed via a combination of open cut and HDD
along Logan Boulevard from Vanderbilt Beach Road to
Immokalee Road. Once QE + GradyMinor receives a NTP
from the county, the team will prepare 60% design plans
within 50 days, 100% design within an additional 10 days,
and final design plans within an additional 5 days, Itis not
anticipated that this segment will require environmental
permitting, Construction of segment 2 is anticipated to
take 41/2 months.
PROJECT TEAM APPROACH
SEGMENT 3 - Immokalee Road (from Logan Boulevard to
east of Rose Boulevard) includes approximately 7,000 LF
of proposed 24 -inch DRII HDPE force main to be installed
via HDD, less a small amount of main that will be open
cut to make connections, along Immokalee Road from
Logan Boulevard to approximately 170 feet east of Rose
Boulevard. Once QE + GradyMinor receives a NTP from
the county, the team will prepare 60% design plans within
35 days, 100% design within an additional 7 days, and final
design plans within an additional 5 days. It is anticipated
that this segment will require environmental permitting
(ERP). Construction of segment 3 is anticipated to take
3 months.
SEGMENT 4 - Logan Boulevard (from Immokalee Road
to Treeline Drive) includes approximately 1,400 LF of
proposed 12 -inch DRII HDPE to replace an existing 8 -inch
PVC wastewater force main along Logan Boulevard from
Immokalee Road to Treeline Drive. This new 12" line will
tie into the existing pipe in the Logan/ Immokalee Rd.
intersection via a new 16" pipe, The new 24" Force Main
will also connect to the existing 16" via the new 16" pipe.
Once QE + GradyMinor receives a NTP from the county,
the team will prepare 60% design plans within 15 days,
100% design within an additional 5 days, and final design
plans within an additional 3 days. It is not anticipated
that this segment will require environmental permitting.
Construction of segment 4 is anticipated to take just
over 1 month.
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QE+ GradyMinor has established the following Critical
Path Method (CPM) to ensure successful, economical,
and non -disruptive design, permitting, and construction
phases for this Design -Build project.
As expected, the 15 -month timeframe desired by the
County will rely heavily on permitting, QE+ GradyMinor
will diligently pursue permitting. In an attempt to
mitigate permitting time, the team has elected to
provide Horizontal Directional Drilling (HDD) installation
methods where feasibly possible. The critical path of the
schedule flows through ERP permitting and Segment
3 which will be done via HDD to help mitigate long
permitting time.
The current schedule is based on sequentially working
Open Cut and HDD Segments, with the ability to bring
on additional crews and equipment, QE has the ability
to work open cut and HDD segments concurrently as
allowed by permitting. Additionally, should permitting
allow, QE+ GradyMinor also has the flexibility to modify
open cuts to HDD.
PROJECT TEAM APPROACH
Currently, the schedule has the majority of the
construction activities occurring out of season. Segment 1
will start in July which will not impact any seasonal traffic.
QE+ GradyMinor's local knowledge is critical to knowing
that minimizing impacts to seasonaltraffic, pedestrians,
and bikers is highly favorable to Collier County.
Although connections to existing facilities and force
mains will also occur in of season, QE+ GradyMinor team
will coordinate closely with Collier County on the timing
of the connections and Cella Molnar will communicate
public information with any businesses/residents on
system interruptions. QE will be flexible in performing
these tie-ins to coincide with low demand on the County's
system. Multiple crews will be utilized to perform multiple
tie-in points concurrently if necessary.
The project schedule shows the CPM in red, which reflects
the proposed tie-in schedule for each segment. Provided
below is a more detailed list of tie-in locations.
18 CO-(
TECHNICAL INFORMATION
n 1 C41 /_T Z#TilmIiMD40I►7MUT1,2114":717'a
The improvements associated with this Design -Build project will adhere to the following standards;
. Collier County Utility Standards, Details, and Specifications
® Florida Department of Environmental (FDEP) and the Florida Administrative Code requirements and standards
® South Florida Water Management (SFWMD) requirements and standards
• 10 State Standards
® Florida Department of Transportation (FDOT) requirements and standards
However, as the 24 -inch force main associated with this project is a transmission main with few connections to
other force mains, QE+ GradyMinor would like the County to consider reducing the isolation valves from every 1,000
feet to every 2,000 feet. Additionally, while it is not specifically required in the County's Utility Standards, typically
utilities cross roadways perpendicular, which is not how we have proposed the 24 -inch HDPE force main crossing of
Immokalee Road. If the crossing as depicted in the preliminary drawings is not allowed by Collier County, we could
cross perpendicular to Immokalee Road to the southeast corner of the Logan Boulevard Intersection, then cross
Logan Boulevard to the southwest corner of the intersection.
r _ x _ . MEM C4ZW":i"1(:18"7
Step 2 of the Logan Blvd -Immokalee Rd- VBR NEW 24" FM Project includes a Design Criteria Package, dated July 30,
2019. For the most part, QE + GradyMinor's proposed design and construction for this project will adhere to the criteria
in this document. However, the Design Criteria Package did not specify the installation means for the proposed
force mains. As a result of the flexibility in installation means, QE+ GradyMinor has chosen to utilize Horizontal
Directional Drilling (HDD) in lieu of open cut for a large portion of the project. The use of HDD installation with
High Density Polyethylene Pipe (HDPE) will reduce the impact to the surrounding property owners and general
public, especially in Segment No. 3 as the sidewalk on the north side of the Cocohatchee Canal will only be
minimally impacted by the proposed HDDs. QE + GradyMinor believes that the use of HDD installation methods will
save a significant amount of time and effort on the Design Build project.
TECHNICAL INFORMATION
Y !' � 1. � ► Y. �i X ",, ) ;i
For the Logan Blvd -Immokalee Rd-VBR NEW 24" FM Project, QE+ GradyMinor proposes the following pipe material type,
thickness, and class for the identified segments:
12
PVC
18
235
11.73
0.733
4
12
HDPE
11
200
10.65
1.2
4
16
PVC
18
235
15.35
0.967
3&4
16
DIP
NA
350
16.32
0.34
3&4
16
HDPE
11
200
12.92
1,445
3&4
24
PVC
18
235
22.76
1.433
1, 2, 3
24
HDPE
11
200
20.82
2.345
1, 2, 3
A brief description of the four segments associated with the Logan Blvd -Immokalee Rd- VBR NEW 24" FM Project is
provided below. However, a more detailed description of the segments can be found in Section 1: Transmittal Letter &
Executive Summary.
SEGMENT 1 - Vanderbilt Beach Road to Master Pump Station 104 includes approximately 1,000 LF of proposed 24 -inch
DR11 HDPE force main piping to be installed via a combination of open cut and HDD from MPS 104 to Logan Boulevard.
SEGMENT 2- Logan Boulevard (between Immokalee Road and Vanderbilt Beach Road) includes approximately 11,000 LF
of proposed 24 -inch DRII HDPE force main to be installed via a combination of open cut and HDD along Logan Boulevard
from Vanderbilt Beach Road to Immokalee Road.
SEGMENT 3 - Immokalee Road (from Logan Boulevard to east of Rose Boulevard) includes approximately 7,000 LF of
proposed 24 -inch DRII HDPE force main to be installed via HDD, less a small amount of main thatwill be open cut to make
connections, along Immokalee Road from Logan Boulevard to approximately 170 feet east of Rose Boulevard.
SEGMENT 4 - Logan Boulevard (from Immokalee Road to Treeline Drive) includes approximately 1,400 LF of proposed
12 -inch and 16 -inch PVC/DIP to replace an existing 8 -inch PVC wastewater force main along Logan Boulevard from
Immokalee Road to Treeline Drive,
TECHNICAL INFORMATION
QE +GradyMinor's experience and knowledge of permitting agency requirements will be beneficial when preparing
submittals and responses. At the 60% design stage, GradyMinor will prepare the required permit applications and
supporting documentation:
An Application For Constructing A Domestic Wastewater Collection/Transmission System (form 62-604.300 8a) for
all segments associated with this project. To streamline the permitting process, GradyMinorwill submit one permit
to the FDEP for the force main improvements associated with this project.
® Collier County ROW permit for Segments No. 1, 2, 3, and 4. Each segment will be applied for separately as each
permit is good for 6 months from issuance with the ability for the contractor to extend the permit as needed 3
months at a time.
gi An Application to the South Florida Water Management District for Issuance of a Right of Way Occupancy Permit
(Form 0122 -OP) for Segments No. 2 and 3 due to the proposed 16 and 24 -inch force mains that will cross or be
installed within the SFWMD Cocohatchee Canal easement along the north side of Immokalee Road.
• A Notice of Intent (NOI) to use the Generic Permit for Discharge of Ground Water from Dewatering Operations, per
Rule 62-621.300(2), F.A,C, from the FDEP.
Environmental Permitting; Segment No. 2 of the project will require an Environmental Resource Permit (ERP) from
the Florida Department of Environmental Protection (FDEP). It is anticipated FDEP will process the ERP (not the
South Florida Water Management District) since it is a utility line. As part of the FDEP permitting, the Florida Fish
and Wildlife Conservation Commission may provide comments on the ERP application. If there will be wetland
impacts (which is unlikely given the proposed alignment), then a U.S. Army Corps of Engineers (Corps) Section 404
permit will be required. As part of the Corps permit review, consultation for threatened and endangered species
with the U. S. Fish and Wildlife Service (USFWS) will be required. While not anticipated, 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 as well.
The necessary environmental permitting (ERP) for Segment No. 3 will likely be the permit with the longest lead-
time. It is estimated that FDEP permitting for the ERP will take 6 to 8 months, With the use of HDD installation in
environmentally sensitive lands (the SFWMD Spreader Waterway specifically), it is not anticipated that there will be
wetland impacts associated with this project, therefore we do not anticipate difficulties receiving an ERP permit for this
project. In preparation for this project, GradyMinor has discussed the required permitting through the SFWMD and we
understand that the County has been discussing this project with the SFWMD for manyyears, The SFWMD understand
that this project is a critical component of the County's larger project to expand the County's wastewater service area and
to provide greater flexibility in wastewater treatment. Additionally, we understand that the SFWMD must have access to
the Coco -3 weir and antennae at all times. The use of HDD installation for the 24 -inch force main in Segment No. 3 will
allow the SFWMD access to their Coco -3 weir and antenna at all times.
If QE+ GradyMinor is selected for this design -build project, GradyMinor and Passarella & Associates, Inc. (Passarella) will
reach out to the FDEP and the SFWMD to schedule a pre -application meeting to discuss the project/ likely impacts to
environmentally sensitive lands immediately after receiving a NTP from the County.
Passarella has significant environmental permitting experience in South Florida and has worked along the Logan
Blvd -Immokalee Rd- VBR NEW 24" FM Project route. The preliminary plans developed as part of QE + GradyMinor's
response (provided in Section 3: Technical Information) can be reviewed immediately with permitting agencies, helping
to expedite the process,
21
Quality Enterprises USA, Inc. is confident in their ability to perform HDPE Butt Fusion for the Logan Blvd-Immokalee
Rd- VBR NEW 24" FM Project. For the past 10 years, QE's ten experienced and certified utility crews have butt fused
HDPE piping in sizes ranging from 4" to 36" for projects in the City of Naples, Collier County, Marco Island, Lee County, City
of Venice and South Carolina. These projects were for pump stations, sanitary force mains, IQ water mains, and municipal
water mains.
Earth View, LLC, QE's in-house directional drilling sister company, provides utility fusing services for force main
installations. This is a cost saving practice for Collier County and allows for flexibility in scheduling and adaptability
to rapid project changes. Earth View, LLC has the ability to provide Butt Fusion and Electro Fusing with Couplings, and
owns a McElroy T9001236 Fusing Machine, McElroy Pitbull 618 HF Fusing Machine, McElroy Pitbull 26 Fusing Machine,
and an Electro Fusion Machine. The crews understand the importance of correctly installing and clamping pipe in the
fusion machine; this allows pipe to be properly faced (machined) to ensure clean, parallel pipe ends for the heating
process. Once pipe fusing is complete, the pipe is pressure tested and accepted.
QE prioritizes job site safety and supports crew member trainings throughout the year, QE, + EV HDPE Butt Fusion
machine operators are HDPE Butt Fusion certified and have successfully completed training for the safe handling and
operation of MMI McElroy Fusion Equipment and Fusion Procedures for pipe up to 65". The certifications, presented by
ISCO Industires, Inc., are valid for two -years upon issuance and will be renewed prior to expiration,
The chart below lists crew members who have successfully completed HDPE Butt Fusion Training
and hold valid certifications, followed by their respective certifications.
CERTIFICATIONS
Mid-range MMI
McElroy#28 thru 2"- 20" IPS Pipe
T-500
Large diameter MMI 8"- 65" IPS Pipe
McElroy #824 thru
2065
MACHINE CAPABILITIES
McElroyT9001236 12" - 36" IPS Pipe
Fusing Machine
McElroy Pitbull 618 HF 6"-18" IPS Pipe
Fusing Machine
Butt fusion training following ASTM F 2620
Eulogio Gress Luna Mid-range MMI McElroy #28 thru T-500 McElroy Pitbull 26 2"- 6" IPS Pipe
Large diameter MMI McElroy #824 thru 2065 Fusing Machine
Butt fusion training following ASTM F 2620
Everton Cunningham
Mid-range MMI McElroy #28 thru T-500
Large diameter MMI McElroy #824 thru 2065
Butt fusion training following ASTM F 2620
doe Townsend
Mid-range MMI McElroy #28 thru T-500
Large diameter MMI McElroy#824 thru 2065
Butt fusion training following ASTM F 2620
3ames Stevens
Mid-range MMI McElroy#28 thru T-500
Large diameter MMI McElroy#824 thru 2065
Butt fusion training following ASTM F 2620
Armando Cabrera
Mid-range MMI McElroy#28 thru T -S00
Large diameter MMI McElroy #824 thru 2065
CERTIFICATIONS
Mid-range MMI
McElroy#28 thru 2"- 20" IPS Pipe
T-500
Large diameter MMI 8"- 65" IPS Pipe
McElroy #824 thru
2065
MACHINE CAPABILITIES
McElroyT9001236 12" - 36" IPS Pipe
Fusing Machine
McElroy Pitbull 618 HF 6"-18" IPS Pipe
Fusing Machine
Butt fusion training following ASTM F 2620
Eulogio Gress Luna Mid-range MMI McElroy #28 thru T-500 McElroy Pitbull 26 2"- 6" IPS Pipe
Large diameter MMI McElroy #824 thru 2065 Fusing Machine
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TECHNICAL INFORMATION
QE + GradyMinor's preliminary Construction Plans for the Logan Blvd-Immokalee Rd- VBR NEW 24"
FM Project can be found at the end of Section 3: Technical Information, These plans include the team's
proposed pipe general alignment (plan and profile), connections, and valving within all four segments.
The plans have been used to generate QE+ GradyMinor's proposed project schedule and Guaranteed
Maximum Price.
EXPERIENCE
QE Experience:1 year
Industry Experience: 20+ years
1.) r., j i
Member of the Project
Management Institute
OSHA Inspections for
711-
00,00
w * -
projects. Fred was the owner of a heavy highway and bridge building company for over eleven years
and brings more than 20 years of industry experience to the QE team. Fred has overseen several
underground utility projects, including force main installations, and has the leadership, organization,
time -management, and communication skills necessaryto perform qualityworkwith a strong business
management acumen.
KINSLEY FOREST DEVELOPMENT
KANSAS CITY, MO , $8,958,000
Description: This project involved the construction
of 3.2 lane miles of new roadway, one 2 -span bridge,
18,000 LF of curb and gutter, various storm structures
and RCP ranging from 15" to 36", 6,500' of sewer main,
8,250' of 12" water main, and associated service lines.
This project was finished on-time and on -budget
within 330 days,
159TH ST. METCALF TO NALL AVE
City of Overland Park, KS - $11,265,545
Description: This project involved the replacement of 4
lane miles of roadway, 10,800 LF of curb and gutter, 585
CY of cast in place concrete form -liner walls, various
storm structures and RCP ranging from 12" to 36",
5,200' of water main replacement, temporary sewer
bypass for 100+ homes during construction of 5,200'
Confined Spaces of gravity sewer main. The greatest challenge of this
project was maintaining utility services for each home
and the local high school.
rollp.7ilb7oll4l.wp".1711iriTATT-MV
69 HIGHWAY BOURBON COUNTY - Kansas DOT
Bourbon County, KS 4$20,354,815
Description: This project involved the grading and
construction of 7 miles of new roadway, 580,000 CY of
excavation including 110,000 in rock, multiple bridges,
drainage structures and RCP ranging in size from 15" to
60", 7 miles of water main installation and 15 horizontal
directional drills under existing 69 highway. Attention
was given to employee Maintenance of Traffic training
to ensure safe work zones for both worksite forces and
the general public who travel this particular stretch of
69 Highway.
THE FLINTLOCK FLYOVER BRIDGE - MDOT
City of Liberty, MO - $11,265,482
Description: This project involved the construction of
3,5 lane miles of new roadway, 2 traffic circles, 3 bridges
including one 11 -span structure over existing Interstate
35, 8,100 LF of 12" force main, decorative lighting and
associated electrical, various storm structures and RCP
24
storm systems ranging in size from 15" to 48". This was
a very challenging project, as it involved multiple crews
on each side of the Interstate. Two of these crews
merged their progress in the middle ofthe construction
of the Flyover bridge above the travel way.
COOK ROAD EXTENSION
St Joseph, MO - $2,930,017
Description: This project consisted of triple 12' x 12'
reinforced concrete box culvert containing 715 CY of
cast in place concrete and 120,000 lbs of reinforcing
steel and 400' of 30" SDR 35 gravity sewer pipe. In
addition to the Base Bid, several hundred feet of
unexpected 12" waterline were discovered and were
subsequently replaced. Particularly challenging, the
designed elevations of the footing for the box bridge
were below the water level of the nearby Missouri
River; these required significant well point de -watering
around the clock for the duration of construction.
f
Platte County MO - $16,297,898
Description: This project involved the widening and
reconstruction of 3 miles of highway, 44,000 SF of
MSE walls, 3 bridges comprising 1,600 CY of concrete
and 248,000 lbs of reinforcing steel, 22,000 LF of RCP
ranging from 18" to 72", 309 LF ofjacked 36" pipe under
existing roadways, 4,000 LF of open cut electrical and
fiber optic lines, 800 LF of horizontal directional drilling
(HDD) service lines, and 17,000 LF of 12" PE fused force
mains. Much of this project abutted the prestigious
National Golf Club and Estates making public relations
and communications an intrinsic part of this project.
Daily communications with the City Council, County
Commissioners, and Golf Club board members was
the norm with progress meetings scheduled weekly
and after each significant milestone.of the footing
for the box bridge were below the water level of the
nearby Missouri River; these required significant well
point de -watering around the clock for the duration of
construction.
■
I■IME1Aw
EXPERIENCE
Christopher P, Speros will serve as the Construction Superintendent on the Logan Blvd-Immokalee
QE Experience: 2+ years
Rd- VBR NEW 24" FM Design Build project. Chris has over 10years of experience working on projects for
Industry Experience: 28+ years
Collier County, including lift station rehabilitations, pipe line installation, and restoration activities. Chris
will be present on the job site through project completion and will manage daily construction activities
CERTIFICATIONS
and field operations. During construction, Chris will facilitate meetings with customers and inspectors,
NCCCO Crane Operation and
oversee daily crew activities, bring changes/ modifications to the attention of the Project Manager, and
Inspection Certification
verify material quantities and deliveries, etc, With over 28 years of industry experience and extensive
safety training, Chris' expertise will ensure project success,
Maintenance of Traffic (MOT) PROJECT EXPERIENCE
Certification, FDOT
Asbestos Certification
Storm Water Collection
Certification
Trench Safety and Excavation
Certification
Confined Space Certification -
IN EAGLES PIMP STATION AND FORCE
MAIN UPGRADES
Naples, FL - $1,022,033
Description: This project included demolition of
an existing valve vault and installation of a top
slab and associated piping, bypass pumping,
butt fused HDPE piping, a permanent diesel
bypass pump, electrical panel and equipment,
and fiber optic communication through SCADA.
The project also included the installation
of 6,500 LF of 14" HDPE Force Main and
installation of 750 LF of 14" HDPE Force Main
First Aid/ CPR/ AED via Horizontal Directional Drill.
Certification
Fall Protection Certification
QE
QUALITY
ENTERPFi19E9
MPS 302 DIESEL BYPASS
Naples, FL - $336,562
Description: This project included the
installation of 30" DIP to existing piping
system, a diesel bypass pump and plug valve
replacement. The project also included the set
up and operation of a major bypass system.
Close coordination with County staff was
required for tie in's and replacements of existing
valves. Night work was required for a portion of
this work due to limited flows.
PS 22 IMPROVEMENTS
Naples, FL - $208,276
Description: This project included the
demolition of an existing lift station, valve
vaultand associated piping. With close proximity
to electrical poles and traffic mast arm poles,
QE was required to temporarily support these
structures during excavation. The project also
included bypass pumping, installation of butt
fused HDPE discharge piping, electrical panel
and equipment, telemetry antenna, site work
and landscaping.
25
BLUEBILL AVENUE FORCE MAIN
Naples, FL m $366,650
Description: This project included the
installation of 16" HDPE Subaqueous Drill
and connection of a new 16" HDPE Force
Main (FM) to the existing 12" CI FM for Collier
County. Crews installed tapping saddles on
the upstream and downstream sections of the
existing 12" Cl FM and wet tapped the FM for
each connection. Crews installed line stops on
the upstreams and downstream sections of
the existing 12" CI FM then cut and capped the
sections to abandon the pipeline.
NCWRF 24" IRRIGATION WATERMAIN
Naples, FL - $1,456,841
Description: This project included the
installation of over 3,000 LF of 24" HDPE
open cut pipe and over 1,8000 LF of 24" HDPE
installation by Horizontal Directional Drill.
Crews connected sections of new 24" HDPE
Water Main (WM) to existing 42"/20"/12" WM for
Collier County. Crews constructed above ground
assembly, MOVs, and electrical pad to connect
the new 24" HDPE WM to the Collier County
North Water Treatment Plant.
■
UNANIMOUS WRITTEN CONSENT IN LIEU OF THE
2019 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF
QUALITY ENTERPRISES USA, INC.
The undersigned, being all the directors of Quality Enterprises USA, Inc. (the
"Corporation"), pursuant to Virginia Code Section 13.1-685, hereby approve and
consent to the following actions in lieu of the Annual Meeting of the Board of Directors:
WAIVER OF NOTICE: Execution of this Written Consent will constitute full waiver of notice
of the Annual Meeting of the Board of Directors of the Corporation for the year 2019.
ELECTION OF OFFICERS: The following persons are elected to the offices following their
names to serve until the expiration of their terms at the next annual meeting of the
Board of Directors, or until their successors shall be duly elected and qualified:
Howard J. Murrell, Jr
Louis J. Gaudio
Allison B. Murrell
Rachel S. Murrell
Howard J. Murrell, III
Stacey L. Murrell
President
Vice President
Corporate Officer/Asst Secretary
Corporate Officer
Corporate Officer
Secretary
WHEREAS, the Directors believe it is in the best interest of the Company to grant,
without limitation, signing authority and the authority to conduct business on behalf of
the Company to each of the following Officers:
Howard J. Murrell, Jr., President
WHEREAS, the Directors believe it is in the best interest of the Company to grant
authority to enter into and sign contracts on behalf of the Company to each of the
following Officers:
Louis J. Gaudio Vice President
Allison B. Murrell Corporate Officer/Asst Secretary
Rachel S. Murrell Corporate Officer
Howard J. Murrell, III Corporate Officer
Stacey L. Murrell Secretary
RATIFICATION: All acts taken on behalf of the Corporation by the Corporation's officers
since the last meeting of the Board of Directors are hereby ratified and approved.
MINUTES: This Unanimous Consent shall be filed with and become a part of the Minutes
of the Corporation.
Effective date: January 1, 2019
Date signed
C�UAI IT Y
ENTERPRISES
G'
How rd J. M tell, Jr.
coler county
Administrative Services Depart hent
Procurement Services Division
Form 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your
Proposal.
Vendor should check off each of the following items as the necessary action is completed:
OX The Solicitation Submittal has been signed.
XX The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached.
® All applicable forms have been signed and included, along with licenses to complete the requirements of the project.
® Any addenda have been signed and included.
® Affidavit for Claiming Status as a Local Business, if applicable.
® Division of Corporations - Florida Department of State — http://dos.myflorida.com/sunbiz/ (If work performed in the State).
@ E-Verify/Immigration Affidavit (Memorandum of Understanding).
ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE
Name of Firm: Quality Enterprises USA, Inc.
Address: 3494 Shearwater Street
City, State, Zip: Naples, Florida 34117-8414
Telephone: 239-435-7200
Email: LGAUDIO@QEUSA.COM
Representative Signature:
Representative Name: Louis J. Gaudio, Vice President Date 10/22/19
N
Co Ier County
Administrative Services Department
Procurement Services Division
Form 3: Conflict of Interest Affidavit
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated
with this solicitation does not pose an organizational conflict as described by one of the three categories below:
Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified
above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical
direction for the procurement) which appears to skew the competition in favor of my firm.
Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified
above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to
render impartial advice to the government.
Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a
Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive
advantage in current or future solicitations and contracts. ,
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned
project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in
the "sunshine") conversation (s), meeting(s), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may
result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge
and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational,
or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict.
Firm: Quality Enterprises USA, Inc.
Signature and Date: ,, 10/22/19
Print Name: Louis J. Gaudio
Title of Signatory: Vice President
Co ler Coumty
Administrative Services Depadment
Procurement Services Division
Form 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this
proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a
formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation
pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the
vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a
proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 22.ndday of October , 2019 in the County of
Collier , in the State of Florida
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
*CCR # or CAGE Code
*Only if Grant Funded
Telephone:
Signature by:
(Typed and written)
Title:
Quality Enterprises USA, Inc.
3494 Shearwater Street
Naples, Florida 34117-8414
F95000002550
54-0947002
OXMZ7
239-435-7200
Vice President
E
Additional Contact Information
Send payments to:
(required if different from Company name used as payee
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
■
Co ler County
Administrative Services Department
Procurement Services Division
Form 5: Immigration Affidavit Certification
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation
submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at
the time of the submission of the Vendor'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. Failure to include
this Affidavit and acceptable evidence of enrollment in the E -Verify program may deem the Vendor's proposal as non-
responsive.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration
and Nationality Act ("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such
Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and
subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to
provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland
Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal.
Company Name Quality Enterprises USA, Inc.
Print Name Louis J. Gaudio Title Vice President
Signature — Date t Q f 22 f 19
State of Florida
County of Collier
The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this
affidavit to interrogatories hereinafter made.
Notary
MAMIE L. COHEN
MY COMMISSION 1F GG 152066
o` EXPIRES: February fl, 2022
�y%�',p;(,(�°�'` Bonded Thra No Public Underwriters
N
EmployerWizard
Page I of I
NAICS Code:
Total Hiring Sites:
Total Points of Contact:
238 - SPECIALTY TRADE CONTRACTORS
3
U.S 000ariment of licimehind seoinly -w WAN gov U'S Citizenship and Immigroilm sfirvice3, WWW d5r.1s.ii0v Accessilisfity Domicad Viowua
https://e-verify.uscis.gov/emp/CmployerWizard.a5px 10/19/
riyWalt...
114.(113
UG(L09111
Employment Eligibility Verification
EILEENLITTLETON ELIT8661
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QUALITY ENTERPRISES USA, INC
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2342119
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208 TINTERN CT Address 1:
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CHESAPEAKE CITY
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Employer Identification Number:
540947002
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100 to 499
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QUALITY ENTERPRISES USA INC
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I Organization Designation:
Employer Category'
Federal Contractor without FAR E -Verify Clause
NAICS Code:
Total Hiring Sites:
Total Points of Contact:
238 - SPECIALTY TRADE CONTRACTORS
3
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https://e-verify.uscis.gov/emp/CmployerWizard.a5px 10/19/
Co ,r County
Servm Department
� t seia5 o"tm,
Form 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information
for tax reporting purposes from individuals and companies who do business with the County (including social security numbers
if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county
notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated.
Please complete all information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name Quality Enterprises USA Inc
(as shown on income tax return)
Business Name (if different from taxpayer name)
Address 3494 Shearwater Street City Naples
State Florida
239-435-7200 Fmnd LGAUD
Order Information (Must be filled out)
Address 3494 Shearwater Street
City Naples State FL Zip
2. Company Status (check only one)
34117-8414
SA. COM
Remit / Payment Information (Must be tilled out)
Address 3494 Shearwater Street
City Naples State FL Zip34117-8414
Email ELITTLETON@QEUSA COM
Individual / Sole Proprietor
I X Corporation
_Partnership
_Tax Exempt (Federal income tax-exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) 54-0947002
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award).
4. Sign and Date Form: Certification:
Under enalties ofperjum 1 certify that the information shown on this form is correct to my knowledge
Signature
Date
10/22/19
Louis J. Gaudio
Title
Vire President
Phone Number
239-435-7200
M
Col r1ler county
Administrative Services Division
Procurement Services
Date: 8/13/2019
Email: Geoff.thomas@colliercountyfl.gov
Telephone: (239)252-6098
Addendum One
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 1 Solicitation #19-7605 and Design Build Logan Blvd-Immokalee Rd-
VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. The solicitation states that the proposal due date is September 9, 2019 which is not correct. The
correct Proposal due date is September 10, 2019.
If you require additional information please post a question on our Bid Sync (www.bids, nY c.com) bidding
platform under the solicitation for this project.
C: Zamira Deltoro
M
C ler county
Administrative Services Division
Procurement Services
Date: 8/19/2019
From: Geoff Thomas
To: Interested Bidders
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239)252-6098
Addendum 2
Subject: Addendum # 2 Solicitation #19-7605 and Title: Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. 19-7605 Design Build Logan Blvd Immokalee Rd-VBR New 24 FM proposal due date has
been extended to October 1, 2019 at 3:00 PM.
Change 2. On Page 1 Item 2 (2.13), the following language/scope of work was added: "B. Design, procure
and install 2 -inch Orange Conduit (Fiber) at the intersection of Immokalee Road and Logan Boulevard,
from South of Immokalee Road to the north side of the canal."
Change 3. On Page 2 Item F (13.3.17), the following language was added: "The DBT shall restore all
disturbed areas, whether paved or unpaved, to equal or better condition than existed prior to construction.
Road restoration shall be according to the Collier County Construction Standards Handbook for Work
within the Public Rights -of -Way and Restoration Details. An updated road restoration detail for
collector/arterial roadways is included in the Appendix D. Option 1 and/or Option 2 may be exercised, in
coordination with the Collier County Project Manager and Collier County Growth Management
Department."
Change 4, On Page 6 the followings were added: "Figure 5" and the language: "Installation of 2 -inch
diameter Orange Conduit (Fiber) from South of Immokalee Road to the north side of the canal shown in
red in the picture below (see figure 5). Specifications for conduit and pull boxes are included in Appendix
E."
Change 5. —On page 7 under Item E schedule anticipated for the project, a typo was corrected. The
correct information is "Notice to Proceed —January/February 2020."
Change 6. On page 8 the following language was added: "Appendix D - Road Restoration Details -
Preferred Road Restoration Detail for Arterial/Collector Roadways" and "Appendix E- IT Fiber
Specifications - Collier County IT Fiber Scope of Work".
Change 7. On page 21 Item 9 allowance language was modified for the following: "In the Price Proposal
Page an allowance amount is included for electrical work that may be is required during the installation or
testing of the FMs. Also, an allowance amount is included to provide legal sketches and descriptions for
temporary construction, and permanent easement and Right-of-way acquisition as required. The DBT
should include a 5% of the GMP for Allowance; this allowance will be for unforeseen conditions and for
unknown task(s) of this DB project."
Change 8. Pages 31 and 32 were added for Appendix D and Appendix E.
Change 9. C. Please see the following documents: REVISED Design Criteria Package (DCP) Step 2,
Appendix D and Appendix E:
Change 10. Please see document labeled GMP.
Change 11. Please see documents labeled Proposal Bond.
Change 12. Please come into the Procurement Office and pick up a CD that has Appendix B-4
downloaded on it. Please ask for Geoff Thomas and he will provide you the CD. The reason we have
provided a CD is that Bid Sync is not allowing the information to be properly uploaded.
If you require additional information, please post a question on our Bid Sync (www.bidsyne.com) bidding
platform under the solicitation for this project.
C: Zamira Del Toro
Please sign below and return a copy of this Addendum with your submittal for the above
referenced solicitation.
8/19/19
(Signature) Louis J. Gaudio, Vice President Date
Quality Enterprises USA, Inc.
(Name of Firm)
M
Co &I County
Administrative SenAces Division
Procurement Services
Date: 9/5/2019
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239)252-6098
Addendum Three
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 3 Solicitation # 19-7605 and Title Design Build Logan Blvd-Immokalee
Rd-VBR NEW 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Please see following attachments:
Appendix A1(Alignment Option #1 Preliminary Plans — Proposed HDPE 24 -inch FM)
Appendix A2 (Logan Boulevard Turn Lane Improvements SDP)
Appendix A3 (Logan Boulevard Bridge SUE)
Appendix B3 (Immokalee Road & Broken Back Road Force Main- As Built Survey)
Appendix B4
If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
C: Alicia Abbott
N
co ,ger Co>yUty
Administrative Services Wsion
Procurement Services
Date: September 11, 2019
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239) 252-6098
Addendum 4
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 4 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Reference questionnaire has been removed and is not required for this solicitation.
Change 2. The original Criteria Package has been removed from Bid Sync labeled 19-7605 DB Criteria
package Step 2. Use the criteria package labeled 19-7605 Logan Blvd FM Design Criteria Package Step 2
REVISED.
If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
M
Co ler County
Administrative Services Division
Procurement Services
Date: September 12, 2019
Email: Geoff.Thomas@colliercountyfl,gov
Telephone: (239) 252-6098
Addendum 5
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 5 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM.
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Due to technical issues with Bid Sync we were unable to upload all the CAD files. We have
downloaded all of the CAD files on to CD's that are available for vendors to pick up at the Collier County
Procurement Office. If you decide to pick up a CD please ask for Geoff Thomas when you arrive at the
front desk.
If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
co ier County
Administrative Services Division
Procurement Services
Date: September 19, 2019
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239) 252-6098
Addendum 6
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 6 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation: '
Change 1. Project 19-7605 Design Build Logan Blvd-Immokalee Rd-VBR New 24 FM has been
extended to October 15, 2019 at 3:00 PM.
Change 2. Information in regard to Soil Borings: There were no soil borings done. Per item GA.0 II
(Design Criteria Package), the DB Team is responsible to undertake soil borings at appropriate intervals
along the alignment to ascertain the engineering properties of the soils.
If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
Collier County Email: Geoff.Thomas@colliercOLintyfl.gov
colliercountyfl.gov
AdministrativeSeNcesMAsioi Telephone: (239) 252-6098
Procurement Services
Addendum 7
Date: October 7, 2019
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 7 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Please see Addendum Seven Attachment One and Addendum Seven Attachment Two.
If you require additional information please post a question on our Bid Sync (www.bidsyne.com) bidding
platform under the solicitation for this project.
Please sign below and return a col
referenced solicitation.
(Signa` ure- o . Gaudio,
Quality Enterprises USA.
(Name of Firm)
Addendum with your submittal for the
10
'resident Dat
N
GD Ter County Email: Geoff.Thomas@colliercountyfl.gov
Administrative Services Division Telephone: (239) 252-6098
Procurement Services
Addendum 8
Date: October 8, 2019
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 8 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Please disregard Addendum Seven Attachment Two as there was a duplication of documents.
Please refer to Addendum Seven's Attachment One only.
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 E
referenced solicitation.
(Signature) Louis J. Gaudio, ,` Vice Pi
Quality 'Enterprises USA, Inc.
(Name of Firm)
dendum with your submittal for ti
I
sident D
0
Co ger County
Administrabve Services D vWon
Procurement Services
Date: October 9, 2019
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239) 252-6098
Addendum 9
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 9 Solicitation # and Title 19-7605 Design Build Logan Blvd-Immokalee
Rd-VBR New 24 FM
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. 19-7605 Design Build Logan Blvd-Immokalee Rd-VBR New 24 FM bid proposal date has
been extended to October 22, 2019 at 3:00 PM.
Change 2. The County's percentage requirement for the bid bond is 5%.
If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
M
Co 7Ei' County Email: Geoff,Thomas@colliercountyfl,gov
Administrative Services DMsicn Telephone: (239) 252-6098
Procurement Services
Addendum 1
Date: October 11, 2019
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 10 Solicitation # and Title 19-7646 General Contractors for Public Transit
Construction
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Please see attachment New 24 -inch FM Connections — Responses.
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 copy of this Addendum with your submittal for the above
referenced solicitation.
10111/19
1.•f LV410. V • VGiY4iV �:... Y 1
V F.nterprisea USA. Inc.
'Firm)
H
Co 1Gr County
Administrative Services Division
Procurement Services
Date: October 17, 2019
Email: Geoff.Thomas@colliercountyfl.gov
Telephone: (239) 252-6098
Addendum 11
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 11 Solicitation # and Title 19-7605
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Addendum 10 is in reference to project 19-7605 the Design Build Logan Blvd-Immokalee Rd-
VBR New 24 FM project.
If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
0
COIL County
Administrative Services Division
Procurement Services
Date: October 18, 2019
Email: Geoff.Thomas@colliercountyfl,gov
Telephone: (239) 252-6098
Addendum 12
From: Geoff Thomas, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 12 Solicitation # and Title 19-7605
The following clarifications are issued as an addendum identifying the following clarification to the scope
of work, changes, deletions, or additions to the original solicitation document for the referenced
solicitation:
Change 1. Please see documents labeled New 24- inch FM connections- Responses (Complete).
If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding
platform under the solicitation for this project.
M
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-13id-- ) 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 19-7605 DESIGN BUILD LOGAN BLVD-
IMMOKALEE RD-VBR NEW 24 FM.
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 1st day of October 2019
Quality Enterprises USA, Inc. Principal
BY (Seal)
Louis J. Gaudio, Vice President
Fidelity and Deposit Company of Maryland Surety
(Seal)
Terri K. S
Countersigned
Non -
Local Resident Producing Agent for Fidelity and Deposit Company of Maryland
E
Bond Number Bid Bond
Baird ofCoumY
Obligee rnmi„�..Mn.r,_rnWerCom�n Fio,
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 Terri K. Strawhand its true and lawful agent and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KCAL .
By; Robert D. Murray
Vice President
s:
By: Dawn E. Browne P
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.
\\kill fuU1+1,
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lo'h;'>,.I;nat�\��1�
Constance A. Dunn, Notary Public
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My Commission Expires: July 9, 2023
N
EXTRACT FROM BY-LAWS 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 attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this Ist day of October ,2019 .
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.reportsfclaimsazurichna.com
800-626-4577
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EXHIBIT A-3
LIST OF PROFESSIONALS AND KEY PERSONNEL
Name
Title
Firm
Louis J. Gaudio
Construction Manager
QE
Fred Wiedner
Construction Project Mannager
QE
Harlan Sawyer
Estimator
QE
Billy Lambert
Superintendent
QE
Margarita
Negron
Manager of Health and Safety
QE
Isa Carreras
Project Administrator/EEO Compliance
Officer
QE
Justin
Frederinksen
Design Build Project Manager
Grady Minor
Sally Goldman
Project Engineer
Grady Minor
Alex Dunko
Project Engineer
Grady Minor
Donald
Saintenoy
Survey Project Manager
Grady Minor
Rick
Featherstone
Quality Assurance/Quality Control
Grady Minor
John Daniel
Directional Drill Project Manager
Earth View
Joseph
Townsend
Directional Drill Superintendent/Operator
Earth View
Alan Hart
Chemical Engineer
Earth View
Brian Dorwart
Senior Consultant
Brierley Associates
Subcontractor
Nicholas Strater
Senior Geologist
Brierley Associates
Subcontractor
Passarella &
Associates
Subcontractor
Forge Engineering
Subcontractor
Cella Molnar
Subcontractor
Page 27
"Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project"
RPS #19-7605
EXHIBIT B-1
PUBLIC PAYMENT BOND
Bond No, 9336147
Contract No, 19-7605
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, FL as Obligee in the Sum of
Nine Million Two Hundred Thirty Thousand and 001100 ($_9,230,000.00 ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and
severally.
WHEREAS, Principal has entered into a contract dated as of the day of _ 20
immokalee Road, Logan Boulevard and Vanderbilt BeaC1-i RiSad
with Obligee fOrn Collier County, Faccordance
L__,_
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 tinder 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 30th day of
2020 , the name of each party being affixed and these presents duly signed by its
under -signed representative, pursuant to authority of its governing body.
Page 28
RPS N 19-7605 "Immokalec Road, Logan BOUlevard, and Vanderbilt Beach Road New 24- inch Force Main Project'
Signed, sealed and delivered
in the presence of:
Isa Gat -re as
1
Witnesses as to Pr' cipal
Margarita Negron
STATE OF Florida
COUNTY OF Collier
PRINCIPAL
Quality Enterprises USA, Inc.
BY: _/....-................... .--- ........ __.
NAME: Louis J. Gaudio
ITS: Vice President
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online
notarization, this 30th day of January.,,...._...„.._.,...,,..,_u, 2020 , by. Louis J. Gaudio „ as
Vice President ofQuality Enterprises , 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
4YPy MAR:r,
EN
MY COMM152006
12022lndurwtitarjk
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
r r �� 9 UIZIL� y
(Signature of Notary Public)
NAME:—Marcie L. Cohen__
(Legibly Printed)
Notary Public, State of Florida
Commission No.: GG 152066T
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
Page 29
RPS H 19-7605 "Immokalec Road, Logan Boulevard, and Vanderbill Beach Road New 24- inch Force Main ProjecC'
E
Witnesses K thryn Knell
STATE OF Virginia
COUNTY OF Virginia Beach
OR Fidelity and Deposit Company of Maryland
As Attorney in F t
(Attach Power of Attorney)
Tammy A. Ward
(Printed Name)
1299 Zurich Way
... _..... _....................... _._.-.._.__.... ...........
Schaumburg, IL 60196
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online
notarization, this 30th day of January , 20 20 , by Tammy A. Wardw — , as
Attorney -in -Fact of Fide ty and beposit nompany a Illinois corporation, on behalf of the
corporation. He/she is persona y nown to me or has produced _
as identification and did (did not) take an oath.
t QA dL'
My Commission Expires: September 30, 2022 � � �^� _;tel *'�-•
(Signature of Notary Public)
(AFFIX OFFICIAL SEAL)
TFRRI K $TRAWHAND
Notary Public
CommonwealthReg, # 24744pirginia
My Commission Expiry 9/30/2022
Name: Terri K. Strawhand
(Legibly Printed)
Notary Public, State of: Virginia_
Commission No.: 247448
Page 30 ,
RPS # 19-7605 "Immokaice Road, Logan Boulevard, and Vanderbilt Beach Road New 24- inch Force Main Project"
0
EXHIBIT 13-2: PUBLIC PERFORMANCE BOND
Bond No, 9336147
Contract No, 19-7605
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc,
as Principal, and Fidelity and Deposit Company of Maryland
as Surety, located at
1299 Zurich Way, Schaumburg, IL 60196 (Business
Address) are held and firmly bound to Board of County Commissioners, Collier County, FL y, as
Obligee in the sum of
Nine Million Two Hundred Thirty Thousand and 00/100
($-9,230,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of- the _ — day of
20 with Obligee for
Tmmo`Raree Ra",- o a Soutbvai'a'a-dVa—iMT6ilt Beach Road New �4-Inch Force Main Project 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 30th day of
Januar , 2020 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Page 31 „
11
RPS ti 19-7605 "Immokalee Road, Logan Bouleyard, and Vanderbilt Beach Road New 24- inch Force Main Project"
Signed, sealed and delivered
in the presencpof�
reras
PRINCIPAL
Qua IityEnterprises USA, Inc.
Witnesses aflo Principal
Margarita Negron NAME: Louis J. G udio
ITS: ,Vice President_....,_,_,_._
STATE OF Florida v
COUNTY OF Collier _
The foregoing instrument was acknowledged before me by means of W physical presence or U online
notarization, this _30th day of, _ January–__., 2020 , by _-Louis J. Gaudio , as
wM.Vice President, _ of Quality Enterprise�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
,,<':7:�; • MARCIEL.coHEN— (Signature of Notary Public)
1 MY COMMISSION N GG 152066
o` EXPIRES: February 11, 2022 Name:
Marcie L. Cohen
Torr°" BpndedThruNolerypublieUnderwileis (Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: GG 152066
Page 32
RPS # 19-7605 "Immokalee Road, Logan Boulevard, and Vanderbilt Beach Road New 24- inch Force Main Project"
H
ATTEST:
Witnesses as to Surety
—71
Witnesses ath n Snell
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR Fidelity and Deposit Company of Maryland
As Attorney in F
(Attach Power of Attorney)
Tammy A. Ward, Attorney -in -Fact
(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 ® physical presence or ❑ online
notarization, this 30th day of January 2020 , by Tammy A. Ward , as
Fldeflip-37T Me osl _Cb_lpany
Aft orney-in-Fact of ..__.,__A a Illinois corporation, on behalf of the
_.
corporation. He/she is personally'known to me or has produce
as identification and did (did not) take an oath.
My Commission Expires: September 30, 2022
TERRI bK STRAWNAND
Notary Public
Cornmonwealth of Virginia
Reg. # 247448
My Commission Expires 9/30/2022
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public)
Name: Terri K. St rawhand
(Legibly Printed)
Notary Public, State of: Virginia
Commission No.: 247448
Page 33
RPS # 19-7605 " Immokalee Road, Logan Boulevard, and Vanderbilt Reach Road New 24- inch Force Main Project'
N
Bond Number 9336147
ao.ad of Counl,
Obligee, ,.
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. NNIurray, 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 Terri K Strawhand , its true and lawful agent and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York,, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D, 2019,
ATTEST;
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY .AND DEPOSIT COMPANY OF MARYLAND
�} U A L�
By Robert D, jVurray
Vice President
J� Laos,,
4w
�peMn, C,n?
I � o
�GiiGfhri � �I,Q�GYt--� '%5�� teAe �b�i
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 19th day of June, A.D, 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written,
�ttuuuiri�i
CL
Constance A, Dwui, Notary Public
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time,"
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 30th day of . January , 2020
rSEAL
,*
•.m wd'_
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
wwtiv reportsfelaims(a-)zurichna.com
800-626-4577
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether
in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way
to the performance of the Agreement between Contractor and Owner, dated , 20 for the
period from to . This partial waiver and release is
conditioned upon payment of the consideration described above. It is not effective until said payment is received
in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and 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, shall be fully satisfied and paid upon Owner's payment to
Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims
of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
Witness
Witness
STATE OF
COUNTY OF
ITS:
DATE:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this
day of 20 , by , as of
me or has produced
My Commission Expires:
Notary Public, State of
Commissioner No.:
corporation, on behalf of the corporation. He/she is personally larown to
as identification and did (did not) take an oath.
NAME:
(Signature of Notary Public)
(Legibly Printed)
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RPS #19-7605
cAt
EXHIBIT D
APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No,
Collier County Board of County Commissioners (the OWNER) or Purchase Order No.
Collier County Water -Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru(Insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
Original Contract Amount:
$
Total Change Orders to Date
$
Revised Contract Amount
$
Total value of Work Completed
and stored to Date
$
Less previous payment (s)
$
AMOUNT DUE THIS
APPLICATION:
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full
all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1
through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by
this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and
encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which
previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR
agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
DATE:
(DP's Name)
(Signature)
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE: _
(Type Name and Title)
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RPS #19-7605
■
EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Name; ' Projeot Number:
'..Date:
_ - _.._. __. _...) _.... _.... _.. Period To: _..
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL
NUMBER VALUE MATERIALS COMPLETEC COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
.....____.._ ..._.......
PREVIOUS APPLICATIONS THIS & STORED (reduced rate) WTHHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
*Explanation for the two columns under Previous Applications: i ne inru uate is wnere you win place au information unto me conodcr is cumpiete unieao d reiedae u. reu-tiun V1 icidnidg —«�r
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.
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Exhibit D
(Continued) Stored Materials Record
Formula: A+B-C-D=E
A
B
C
D
E
Invoice Previously
Date Description Supplier Number Received
Received
This Period
Previously
Installed
Installed
This Period
Balance To
Install
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4r��`1l
EXHIBIT E-1
CHANGE ORDER
Change Order Form
Contract#: Change#:F ---- 7 PurchaseOrder#: I I Prioject#:
Contractoffirm Name:
Project Manager Namel
Project Name: F
Department: F
a iginal ContfactMork Order Amount
Original BCC Approval Date; Agenda Item
Current BCC Approved Amount
Last BCC Approval Date; AQendB Item# 1
Current Contract(W ork Order Amount
SAP Contract Expiration Data {Ntastef)
Dollar Amountof this Change
00 1 WD!
TOW Change from Original Amount
Revised ContseoWl ork Order Total
S
0.00
#ID I V1:0: 11
J Change from Current BCC Approved Amount
Cu muls five C he nge-s
5
0.001
1 #D IWO!
I I Ch ang a fro m C Lrr ent Amou n t 11
Completion Date, Description of the Tasks) Change, and Rationale for the Change
Notice to Procee Original Last Approved Revised Date
0 -S C43,
Date Completion Date Date I. Lv wes tr nge)
#of Days Added SelectTasks Ef Add newtask(s) , [3, Delete task(s) �!, Change task(s) Cf, Other
Provide a response to the following: I.) detailed and specific e-xplanationlrationale of the requested change(si to the tasks) and) or
the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if
this change is not processed. Attach additional information from the Design Professional andJor Contractor if rteeedad.
Prepared by: Dale:
(Project Manager Name and Department}
Acceptance of this C hange Order shall constitute a modification to contract 1work order identified above and will be subject to ail the same
terms and conditions as contained in the Contract I work order indicated above, as fullyas ff the same were slated in this acceplanze. The
adjustment, H any, to the Contract shall constiftrie a full and final settlement of any and all claims of the Contractor I Vendor i Cans ullanil
Design Profess iDral arising out of or related to I he c harge set forth herein, including claims for impact and delay costs.
Accepted by: Date:.
(Contractorl Vendor Cons wham l Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Des ign Professionaland Name of Firm, if project applicable}
Approved by: Date:
{Procurement Professional
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EXHIBIT E-2
WORK DIRECTIVE CHANGE
PROJECT NAME:
DATE OF ISSUANCE:
OWNER: Collier County Board of Commissioners
CONTRACTOR:
CHANGE #
EFFECTIVE DATE:
PROJECT#:
ENGINEER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Directive Change:
Attachments:
If a claim is made that the above change(s) have affected Contract amount or Contract Times any claim for a
Change Order based thereon will involve one or more of the following methods of determining the effect of the
changes(s).
Method of determining change in Contract amount:
❑ Unit Prices
❑ Lump Sum
❑ Other
Estimated increase (decrease) in Contract amount
RECOMMENDED:
In
Engineer
Method of determining change in Contract Times:
❑ CONTRACTOR's records
❑ Engineer's record
❑ Other
Estimated change in Contract Time:
Increase or decrease by calendar days.
AUTHORIZED:
IN
OWNER'S Representative
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"°`N
��A<
OWNER'S Project No.
PROJECT:
Contract For
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project
This Certificate of Substantial completion applies to all Work under the Contract documents or to the following
specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially
complete in accordance with the contract documents on the following effective date:
THE DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion,
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat,
utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is
it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
OWNER accepts this Certificate of Substantial Completion on
CONTRACTOR
Type Name and Title
OWNER
Type Name and Title
20
20
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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.
2.
3.
4.
5.
6.
7.
All Punch List items completed on
Warranties and Guarantees assigned to Owner (attach to this form).
Effective date of General one-year warranty from Contractor is:
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
As -Built drawings obtained and dated:
Owner personnel trained on system and equipment operation.
Certificate of Occupancy No.:
issued on (attach to this form).
Certificate of Substantial Completion issued on
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
Acknowledgments:
By Contractor:
By Design
Professional:
By Owner:
If NO is checked for any of the above, attach explanation.
(Company Name)
(Signature)
(Typed Name & Title)
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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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
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RPS #19-7605
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
prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the
Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those
indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in construction activities of
the character provided for in the Contract Documents, and which reasonably should not have been discovered by
Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract
Documents. Contractor will not be entitled to any adjustment to the Lump Sum Price or the Contract Time as a
result of any site conditions encountered. It is the specific intention of the Parties that Contractor will propose and
perform as part of its Design Services any necessary investigation and testing that Contractor deems necessary to
assume such risk.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the executed Agreement, shall prepare and
submit to Project Manager, for their review and approval, a Schedule of Values for the Project (herein "Schedule
of Values"), The Schedule of Values shall relate to all Work required by the Contract Documents and shall utilize
the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work
within the Contract Time. The Schedule of Values shall indicate the dates for starting and completing the various
stages of the Work.
3.2 The Schedule of Values shall be updated monthly by the Contractor. All monthly updates to the Schedule
of Values shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to
the Schedule of Values with its monthly Applications for Payment noted below. The Project Manager's review
and approval of the submitted Schedule of Values updates shall be a condition precedent to the Owner's obligation
to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier
County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours
of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without
the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager,
for their review and approval, a Risk Safety Management Plan, Quality Assurance /Quality Control Plan, a Critical
Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan and a schedule
of values based upon the Contract amount, listing the major elements of the Work and the dollar value for each
element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment This schedule shall be updated and submitted each month along
with a completed copy of the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project
Manager the list of its Subcontractors and materiahnen submitted showing the work and materials involved and
the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any
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RPS #19-7605
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.
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 Cleric of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager,
the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall,
within ten (10) business days after the Application for Payment is stamped and received and after Project Manager
approval of an Application for Payment, pay the Contractor the amounts so approved.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent
(10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be
accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in
accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project
schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty
percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the
Owner's procurement ordinance and policies.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release
and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all
materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor
shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full
through the previous month's Application for Payment. The Owner shall not be required to make payment until
and unless these affidavits are furnished by Contractor.
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RPS #19-7605
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.
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- I 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.
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RPS #19-7605
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.
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 Worlc (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 frilly 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:
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(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.
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,
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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
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.
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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;
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,
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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
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.
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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 Work is performed by a Subcontractor, a maximum
ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -consultants' direct labor and
material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All
compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is
included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup.
12.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of
the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive
Change.
12.6 Minor changes in the 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,
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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.
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, toles or regulations subsequent to the date this Agreement was executed that increases the Contractor's
time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to
the extent Contractor knew or should have known of such changes prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without
exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform
and Control Act of 1986 as located at 8 U.S.C. 1324, et sec. and regulations relating thereto, as either may be
amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement immediately.
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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.
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://ivww.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 sec ., and regulations relating thereto, as either may be amended and with the provisions contained
within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions
of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to
unilaterally terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising
out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials
from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs,
sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be
removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject
to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition
equal to that existing at the time of Contractor's commencement of the Work.
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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. Where any work is performed by the
Contractor's own forces or by subcontractors under contract with the Contractor, the Contractor shall warrant that
all materials and equipment included in such work will be of good quality, free from improper workmanship and
defective materials and in conformance with the drawings and specifications. The work shall be under warranty
for a two-year period (per proposal) from the date of acceptance by the County (i.e., the date of final completion),
unless superseded in the scope of work. The Contractor further agrees to correct all work found by the County to
be defective in material or workmanship or not in conformance with the drawings or specifications at no expense
to the County during the aforementioned warranty period. Additionally, the HDPE pipe manufacturer shall also
provide an extra three years materials warranty coverage for a total of five -years HDPE pipe coverage from the
date of acceptance (final completion) by the County.
Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may
commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of law.
17.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative
of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of
the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial
actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies
shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in
addition to any other rights and remedies available to Owner.
18. TESTS AND INSPECTIONS.
18.1 Owner, their respective representatives, agents and employees, and governmental agencies with
jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on
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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
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
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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
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
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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
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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 Are
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;
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24.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not
permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written
consent;
24.5.4 All Employees are prohibited from distributing any papers or other materials upon
Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment;
24.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress
and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations
issued by Owner's officials onsite, as said regulations may be changed from time to time;
24.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and
egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to
time, by Owner in writing;
24.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation
involving personal injury, economic loss or, damage to Owner's facilities or personal property therein;
24.5.8 The Employees may not solicit, distribute or sell products while on Owner's property.
Friends, family members or other visitors of the Employees are not permitted on Owner's property; and
24.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall
comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified
or changed by Owner from time to time.
24.5.10 At all times while at the Project site, all Employees shall refrain from any abusive or offensive
language and shall refrain from the harassment of any Owner employee, agent or invitee on the Project site.
25. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project
Manager and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and
other submittals, and for processing Applications for Payment, and to establish a working understanding among
the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings
convened by the Project Manager with respect to the Project, when directed to do so by Project Manager. The
Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction
conference) as may be directed by the Project Manager.
26. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000.
To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.
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.
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The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements.
Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this
Contract.
All costs associated with the Maintenance of Traffic shall be included within the Lump Sum Proposal. If MOT
is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
28. SALES TAX SAVINGS AND DIRECT PURCHASE.
28.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions
thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax.
Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully
implement the sales tax savings program with respect to the Work, as set forth in Section 28.2 below:
28.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish
to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various
construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare
purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and
warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program
in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change
Order shall be processed promptly prior to 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
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Owner of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must possess
all licenses required by state or local law and be "qualified" as defined in Collier County Ordinance 2013-69, as
amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith
performance.
29.3 In addition to those Subcontractors identified in Contractor's proposal that were approved by Owner,
Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone
numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to
the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be
modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to
be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to
commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
29.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner
reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably
objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor
performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase
orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further,
unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each
Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor,
(2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured
on all liability insurance policies required to be provided by the Subcontractor except workman's compensation
and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an
intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each
proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the
Subcontractor will be bound. Each Subcontractor shall similarly snake 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.
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29.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract
sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit.
29.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly
agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus
eliminate any other remedies for claim for increase in the contract amount, damages, losses or additional
compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this
Section 29.6 into their sub -subcontracts and purchase orders.
29.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay
or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must
submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting
claims shall result in the waiver of such claims.
30. CONSTRUCTION SERVICES.
30.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and
records, including, but not limited to, the following administrative records:
30.1.1 Subcontracts and Purchase Orders
30.1.2 Subcontractor Licenses
30.1.3 Shop Drawing Submittal/Approval Logs
30.1.4 Equipment Purchase/Delivery Logs
30.1.5 Contract Drawings and Specifications with Addenda
30.1.6 Warranties and Guarantees
30.1.7 Cost Accounting Records
30.1.8 Labor Costs
30.1.9 Material Costs
30.1.10 Equipment Costs
30.1.11 Cost Proposal Request
30.1.12 Payment Request Records
30.1.13 Meeting Minutes
30.1.14 Cost -Estimates
30.1.15 Bulletin Quotations
30.1.16 Lab Test Reports
30.1.17 Insurance Certificates and Bonds
30.1.18 Contract Changes
30.1.19 Permits
30.1.20 Material Purchase Delivery Logs
30.1.21 Technical Standards
30.1.22 Design Handbooks
30.1.23 "As -Built" Marked Prints
30.1.24 Operating & Maintenance Instruction
30.1.25 Daily Progress Reports
30.1.26 Monthly Progress Reports
30,1.27 Correspondence Files
30.1.28 Transmittal Records
30.1.29 Inspection Reports
30.1.30 Punch Lists
30.1.31 PMIS Schedule and Updates
30.1.32 Suspense (Tickler) Files of Outstanding Requirements
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The Project files and records shall be available at all times to Owner or their designees for reference, review or
copying.
30.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the
Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations
shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or
his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to
discuss the presentation requirements and format. Presentations may include, but not be limited to, the following
information: Original contract amount, project schedule, project completion date and any changes to the
aforementioned since Notice to Proceed was issued.
31. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid
for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be
responsible for the costs of providing background checks by the Collier County Facilities Management Division
for all employees that shall provide services to the County under this Agreement. This may include, but not be
limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at
all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1)
year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period
in which their background check is valid, as discussed below. All technicians shall have on their shirts the naive
of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS@colliergov.net whenever an employee assigned to Collier County separates from their employment.
This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to
notify within four (4) hours of separation may result in a deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be
coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible
for all costs.
32. HAZARDOUS CONDITIONS AND DIFFERING SITE CONDITIONS.
32.1 Hazardous Conditions.
32.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work,
CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon
encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected
area and duly notify OWNER.
32.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take
the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered
harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i)
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ascertain whether Hazardous Conditions have actually been encountered, and, if they have been
encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous
Conditions or render the Hazardous Conditions harmless.
32.1.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after
OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been
removed or rendered harmless and (ii) all necessary approvals have been obtained from all government
and quasi -government entities having jurisdiction over the Project or site.
32.1.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an
adjustment in its Contract amount and/or Contract Time(s) to the extent CONTRACTOR's cost and/or
time of performance have been adversely impacted by the presence of Hazardous Conditions.
32.1.5 The CONTRACTOR shall ensure compliance with all NFPA regulations; specifically, 110 &
30/30A; FDEP chapter 62 regulations; specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes;
and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
32.1.6 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
32.1.7 The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity
and then SHWMD must approve the plans prior to contractor's submittal for permitting.
32.2 Differing Site Conditions.
32.2.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the
Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those
indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in construction activities of
the character provided for in the Contract Documents, and which reasonably should not have been discovered by
CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract
Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER
shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in
CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge
and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for
such Work. If OWNER determines that the conditions at the site are not materially different from those indicated
in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part
of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify
CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition to such determination
by OWNER must be made within ten (10) calendar days after CONTRACTOR's receipt of OWNER's written
determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost
or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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33. ABOVEGROUND/UNDERGROUND TANKS.
33.1 The CONTRACTOR shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP
chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME,
NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum
products.
33.2 The CONTRACTOR shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior
to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will
be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice
to SHWMD 239-252-2508 prior to commencement.
The CONTRACTOR shall provide the plans pertaining to the storage tank systems containing hazardous materials
/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must
approve the plans prior to contractor's submittal for permitting.
34. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and
courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are
physically capable of performing their employment duties. The Owner may require the Contractor to remove an
employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued
employment on Owner's projects is not in the best interest of the County.
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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 "Immolcalee
Road, Logan Boulevard, and Vanderbilt Beach Road New 24 -inch Force Main Project" RPS #19-7605, are
accurate, complete and current as of the time of contracting.
QUALITY ENTERPRISES USA, INC.
TITLE:
DATE:
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EXHIBIT J
COUNTY'S NEGOTIATED DESIGN CRITERIA
(FOLLOWING THIS PAGE)
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SCOPE 309 2019
A. INTRODUCTION
As requested by the Engineering and Project Management Division (hereinafter, the "Division"), the Collier County
Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for
Professional Services (hereinafter, "RPS") with the intent of obtaining proposals $•om interested and qualified Design Build
Firms/Partnerships (i.e., Design -Build Team (DBT)) in accordance with the terms, conditions and specifications stated or
attached. The DBT, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other COUNTY departments once awarded according to the Board of County
Commissioners Purchasing Policy.
The purpose of this document is to describe the scope of work and the responsibilities of the DBT in connection with
the preparation of a Guaranteed Maxim Price (GMP) for the design, preparation of construction plans, permit applications,
special provisions, and construction of:
1) New HDPE 24 -inch Force Main
The selected design team shall perform a comprehensive design and construction of a new HDPE 24 -inch force main along
Immokalee Road (approximately 7,000 feet) then south along Logan Boulevard (approximately 11,000 feet) to MPS 104
located on Vanderbilt Beach Drive (approximately 1,000 feet).
2) A. Upsize of Existing 8 -inch PVC Wastewater Force Main
Additionally, the project includes the upsizing of an existing 8 -inch PVC wastewater force main to a 12 -inch PVC wastewater
force main (approximately 1,400 feet) north on Logan Boulevard from the intersection at Immokalee Road. Removal and/or
grout -in-place will be required for the abandoned 8 -inch PVC force main.
All design and construction activities shall be in compliance with all Collier County Utility Standards and Right -of -Way
standards and ordinances.
B. Design, procure and install 2 inch Orange Conduit (Fiber) at the intersection of Immokalee Road and Logan Boulevard,
from South of Immokalee Road to the north side of the canal.
3) The Work includes:
A. Furnishing of all labor, material, superintendence, plant, power, light, heat, fuel, water, tools, appliances,
equipment, supplies, services and other means of construction necessary or proper for performing and completing
the Work. To provide safe storage and protect material purchased/delivered prior to installation. _
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B. Sole responsibility for adequacy of plant and equipment.
C. Maintaining the Work area and site in a clean and acceptable manner.
D. Maintaining existing facilities in service at all times.
E. Protection of finished and unfinished Work.
F. Repair and restoration of Work or existing facilities damaged during construction. The DBT shall restore all
disturbed areas, whether paved or unpaved, to equal or better condition than existed prior to construction. Road
restoration shall be according to the Collier County Construction Standards Handbook for Work within the Public
Rights -of -Way and Restoration Details. An updated road restoration detail for collector/arterial roadways is
included in the Appendix D. Option 1 and/or Option 2 may be exercised, in coordination with the Collier County
Project Manager and Collier County Growth Management Department.
G. Furnishing as necessary proper equipment and machinery, of a sufficient capacity, to facilitate the Work and to
handle all emergencies normally encountered in Work of this character.
H. Furnish all labor, fuel, energy, water and other materials, equipment, instruments and services necessary for all
acceptance tests.
c. BACKGROUND
The Engineering and Project Management Division (EPMD) of the Public Utilities Department (PUD) is soliciting
Request for Professional Services (RPS) proposals to select a Design -Build team to design and build a new 24 -inch HDPE
force main along Immokalee Road then south along Logan Boulevard to MPS 104 located on Vanderbilt Beach Drive.
This project begins approximately 170 -feet east of Rose Boulevard on the north side of the Cocohatchee Canal and proceeds
west to Logan Boulevard, south on Logan Boulevard to Vanderbilt Beach Road, and east on Vanderbilt Beach Road to Master
Pump Station 104.
Figure 1: Existing and Proposed Force Main System.
This background describes the scope of work, the responsibilities of the Design -Build (DB) team and available plans and
reports associated with this proposed project. This information is being provided to assist with the preparation of a Guaranteed
Maximum Price (GMP) for the design and preparation of construction plans and special provisions for this capacity expansion
project.
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Immokalee Road, Logan Boulevard, Vanderbilt Beach Road Force Main. In order to provide wastewater transmission
capacity to the North County Water Reclamation Facility (NCWRF) and provide operational flexibility for the growing
northeast quadrant of Collier County's utility service area, the most recent Utilities Master Plan recommended construction of
a 24 -inch force main from the Heritage Bay MPS west along Immokalee Road then south along Logan Boulevard to MPS 104
located on Vanderbilt Beach Drive, just east of Logan Boulevard.
A section of this project has already been constructed. This completed section is a 24 -inch force main on the north side of the
Cocohatchee Canal from the extension of Collier Boulevard (CR 951) west to about 170 feet east of Rose Boulevard. The
proposed force main will begin at the termination of the existing section (170 feet east of Rose Boulevard) and continue west
in the Immokalee Road corridor. It will then turn south on Logan Boulevard to Vanderbilt Beach Road, thence east a short
distance to MPS 104. A connection will be required (complete with appropriate valving) to the existing force main in
Immokalee Road. This routing is illustrated in Figure 2. The alignment of this force main was the subject of a report titled
"Immokalee Road, Logan Boulevard and Vanderbilt Beach Road 24 -inch Force Main Alignment Analysis" by Johnson
Engineering dated July 2014, which was provided in Step 1 of this solicitation.
This report includes the alignment analysis of the force main along Immokalee Road between Rose Boulevard and Logan
Boulevard to the west, from Logan Boulevard to Vanderbilt Beach Road to the south and along Vanderbilt Beach Road to MPS
104 to the east. Each alignment consideration looked at: relative cost, constructability, impact to roadways, environmental
impacts and required permitting. The proposed force main system is divided into three segments:
1. 7,000 LF approximately along Immokalee Road;
2. 11,000 LF approximately along Logan Boulevard (between Immokalee Road and Vanderbilt Beach Road).
3. 1,000 LF approximately along Vanderbilt Beach Road to Master Pump Station 104.
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As part of this project, the DBT will be required to upsize approximately 1,400 feet of existing 8-inch PVC wastewater force
main with appropriate valving. The force main was originally designed for a limited development in the area. However,
additional residential development has resulted in the existing 8-inch PVC force main being undersized. On the south, the
current 8-inch force main is connected to an existing 16-inch PVC transmission force main in Immokalee,Road then runs north
along Logan Boulevard for approximately 1,400 feet to a connection with an existing 12-inch PVC and 6-inch PVC wastewater
force main (see Figure 3). In order to connect the new force mains to the existing 16-inch PVC wastewater force main in
Immokalee Road, Immokalee Road will have to be open cut. It is anticipated that the connection of the upsized force main and
the new HDPE 24-inch force main to the transmission main in Immokalee Road will be performed at night and in the same cut
to minimize disruption to traffic. The upsized force main is not required to connect to the 16-inch PVC force main in Immokalee
Road at the present location. The location of the connection for both the new HDPE 24-inch" force main and the upsized force
main is to be determined by the DBT and in consultation with the County. Additionally, the Cocohatchee Canal may need to
be dammed and bypassed to facilitate this work. All SFWMD or Big Cypress Basin permitting necessary to dam and bypass
the canal is the responsibility of the DBT.
It is to be noted that the Logan Boulevard bridge/road over the Cocohatchee Canal is to be widened by others. Should this
bridge/road work be concurrent with the installation of the force mains described in this document, coordination of construction
activities will be required to ensure successful and efficient completion of both projects.
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The purpose of this project is to add conveyance capacity, reliability and flexibility to alleviate flow constraints in
Immokalee Road/951 corridor and to allow the diversion of flow between various wastewater treatment plants.
The scope of services includes Project Management, Surveys, permitting, easement acquisition, Basis of Design Report, 60%
design and 100% construction documents and installation of a new 24 -inch wastewater force main and the upsized force main.
The design will include connections to existing force mains (complete with appropriate valving/appurtenances/fittings).
The proposed force main will be installed to increase the capacity of the existing wastewater system along Immokalee Road.
It shall be capable to transport wastewater flows in multiple directions including, but not limited to, 1) directing flow fi-om the
Heritage Bay Master Pump Station (HBMPS) to MPS 104, MPS 103 or MPS 107; 2) directing flow from MPS 104 to the
Heritage Bay Master Pump Station; or 3) directing flow fiom the Heritage Bay Master Pump Station to the North County Water
Reclamation Facility (NCWRF). Existing flow along Immokalee Road is directed to MPS 107 or MPS 103. The flow from the
Orange Tree Service Area will be directed to the HBMPS on Plateau Road and re -pumped to either MPS 103, MPS 107 or
MPS 104 (See Figure 4).
Additionally, the project includes the upsizing of an existing 8 -inch PVC wastewater force main north on Logan Boulevard
from the intersection at Immokalee Road. The current 8 -inch PVC force main is connected to an existing 16 -inch PVC
transmission force main in Immokalee Road then run north along Logan Boulevard for approximately 1,400 feet to a connection
with an existing 12 -inch PVC and 6 -inch PVC wastewater force main.
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The connection of the 12 -inch and 6 -inch PVC force mains to the 8 -inch PVC force main is located at the intersection of Logan
Blvd North with Treeline Drive. The 12 -inch PVC force main receives the sewer flows of Riverstone of Naples and Stone
Creels Developments and the 6 -inch PVC force main receives the flows of pump station 107.50 at Olde Cypress Development
Removal and/or grout -in-place will be required for the abandoned 8 -inch PVC force main. The upsized force main is not
required to connect to the 16 -inch PVC force main in Immokalee Road at the present location. The location of the connection
for both the new HDPE 24 -inch force main and the upsized force main is to be determined by the Design -Build Team and in
consultation with the County.
In order to connect the new force mains to the existing 16 -inch PVC wastewater force main in Immokalee Road, Immokalee
Road will have to be open cut. It is anticipated that the connection of the upsized force main and the new HDPE 24 -inch force
main to the transmission main in Immokalee Road will be performed at night and in the same cut to minimize disruption to
traffic.
Installation of 2 inch diameter Orange Conduit (Fiber) from South of Immokalee Road to the north side of the canal shown in
red in the picture below (See Figure 5). Specifications for conduit and pull boxes are included in Appendix E.
All Proposers are required to comply with Florida Statute 287.055, Design -Build requirements. Proposers are required to
comply with the County's Procedures for Contracting for Design -Build Services. All short-listed Proposers are required to post
a Proposal Bond and are required to comply with all Collier County's Professional Services bonding and insurance
requirements.
E. DESIGN CRITERIA
1. Utilize Collier County Utilities standards and Ordinances for all aspects of this program
2. Conform to Collier County Right-of-way requirements and Land Development Codes.
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3. Comply with all Collier County Growth Management Department (GMD), Florida Department of Transportation
(FDOT), Florida Department of Environmental Protection (FDEP), South Florida Water Management Department
(SFWMD), Big Cypress Basin (BCB), state and federal regulations and requirements.
The purpose of the Design Criteria Package (DCP) is to furnish sufficient information to allow design -build firms to prepare a
response to this Request for Professional Services (RPS) pursuant to Florida Statute Chapter 287.055.
The Design Criteria Professional for this project is Tom Chmelik, P.E.
The intent of this DCP is to provide performance-based criteria for the DESIGN -BUILDER to use in developing the basis of
design for this project.
Budget and Schedule: The budget for this project is $9,000,000.00. The following schedule is anticipated for the project:
• Final Rankings Approval — October 2019 (Board Date)
• Contract Approved — December 2019 (Board Date)
• Notice to Proceed — January/February 2020
• Construction Start Date — TBD by DBT and County
• Substantial Completion — TBD by DBT and County
• Final Completion — TBD by DBT and County
F. BASIC INFORMATION FOR THE PREPARATION OF A GUARANTEED
MAXIMUM PRICE (GMP)
At the time of GMP submittal, the DBT are not required to produce a detailed design. This requirement will be
expected once a DBT contract is approved by the Board of Collier County Commissioners (BCC).
Information is being provided for use by the DBT to prepare their proposals to Collier County, although the DBT is responsible
for their own independent design. Portions of the original design have or will change. Understand that not all pages provided
are applicable to this project's design. The following documents are provided:
APPENDIX A — EXISTING PRELIMINARY PLANS
Al. See Alignment Option #1 Preliminary Plans — Proposed HDPE 24 -inch diameter FM (05-27-2014).
A2. See Logan Boulevard Turn Lane Improvements SDP.
A3. See Logan Boulevard Bridge SUE (03-28-2019).
APPENDIX B — EXISTING RECORD DRAWINGS
B1. See Master Pump Station 104.00 Record Drawings (02-14-2011).
B2. See Immokalee Road 24 -Inch FM— Phase I Record Drawings (2014).
B3. See Immokalee Road & Broken Back Road Force Main — As Built Survey (05-24-2016).
B4. See Logan Boulevard Extension As built (01-04-2018).
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APPENDIX C — APPROVED PRODUCTS
Collier County Public Utilities Department Approved CIP Product List Water, Wastewater, IQ, Electrical, and Instrumentation.
APPENDIX D — ROAD RESTORATION DETAILS
Preferred Road Restoration Detail for Arterial/Collector Roadways.
APPENDIX E — IT FIBER SPECIFICATIONS
Collier County IT Fiber Scope of Work,
The Design -Build Team (DBT) will be expected to work in cooperation with the County and its designees, including
private/public utilities and stormwater systems that will be affected by the work and must be considered with the services
provided. The DBT shall provide design services to accomplish the work contained in this solicitation. The DBT may retain
sub -consultants for various design tasks; however, the DBT will be solely responsible for all coordination and interface with
the County. The DBT shall be the single point of contact for all design services.
1. Preliminary Engineering Design
a. The DBT will organize an initial Kick-off Meeting and provide the initial Project Schedule
Initial Kick -Off Meeting — The DBT will organize an initial kick-off meeting with PUD staff to review the
project scope, project objectives/goals, and project standards and project schedule for completing the work.
The DBT shall prepare a project agenda and written meeting minutes summarizing the discussion and project
action plan.
Initial Project Timeline — DBT will prepare an initial project timeline and submit to PUD staff at the Initial
Kick -Off Meeting. The DBT shall update the schedule twice a month throughout the duration of the project
and shall provide a copy of the updated schedule to PUD staff at their request.
b. Project Management: The DBT will be responsible for general project administration, project coordination,
preparation of miscellaneous correspondence, meeting agenda and minutes, maintenance of project
documentation and coordination of services provided. This task shall also include forecasting and tracking
of the budget and schedule, submitting monthly invoices along with bi-monthly (twice a month) updated
schedule and project status reports. The primary objective is to keep the project within scope, budget and on
schedule.
c. Preliminary Engineering: Under this task, the DBT shall provide confirmation of alignment, phasing,
connection to existing phases and other existing wastewater force mains, identification of permitting
requirements, identification of real estate issues including temporary and permanent easements and
constructability issues. Specifically, the DBT shall be responsible to perform the following:
Review and evaluate available background information, including alignment studies
H. Undertake soil borings at appropriate intervals along the alignment to ascertain the engineering
properties of the soils
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III. Conduct subsurface utility investigations to confirm locations of existing utilities that might affect
design
IV. Confirm design criteria in accordance with the most current Collier County Utility Standards Manual
and propose any additional design criteria not covered by the Manual.
V. Recommend force main alignment and materials of construction, with particular focus on the crossings
of major roadways and canals. The County desires the new force mains to be constructed of HDPE,
however, if a valid technical reason exists for short runs of alternate material pipe, such as at
interconnections with existing force mains, then the DBT shall recommend an appropriate substitute
material which will be subject to County approval.
VI. Review other permitted and/or scheduled construction activities that may affect this project, including
commercial/private construction along proposed alignment, and County planned roadway resurfacing or
other construction
VII. Obtain permits for all agency approvals, issues to be resolved and a schedule for application and receipt
of permits
VIII. Prepare a Basis for Design Report (BODR) that summarizes the results of this task and provides layouts,
sketches and recommendations for design.
d. Surveying: The DBT shall provide surveying services. The survey task shall include the following:
I. Research the title for all properties within the corridor of the proposed pipe alignment and all properties
affected by temporary easements
II. Map ownership deeds, easements, agreements, etc. within the corridor of the proposed pipe alignment
and all property affected by temporary easements
III. Prepare 8'/2" x 11" sketches and legal descriptions for proposed easements
IV. Prepare 8'/2" x11" exhibits with aerial photo background for each proposed easement
V. Establish vertical and horizontal control
VI. Provide route surveying to establish vertical and horizontal alignment for proposed improvements
VII. Any other survey functions necessary to provide a complete and accurate set of construction documents.
2. Design
a. The DBT shall complete the design utilizing the documents provided by the County, and shall provide signed
and sealed plans, calculations, and technical specifications. The DBT shall familiarize itself thoroughly with
these documents and follow the development of design to produce the final design plans. The DBT shall
provide progress review sets of design documents. The design shall conform to the design criteria already
established. The DBT shall ensure the constructability of the project during the design and review process.
Any construction activity that commences prior to 100% approved plans by the County shall be at the DBT's
sole risk.
The Consultant shall prepare 60% and 100% and final contract documents for the construction of the Project.
The drawings shall include overall project plans, plan and profile sheets and details in conformance with the
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latest County standard details, individual connection details for all connections to existing mains, soil boring
information, survey information, phasing and other permit requirements. All plan views shall incorporate a
north arrow and a graphic scale. Plan and profile sheets shall be at a 1"=40' scale horizontally and 1"=4'
vertically or other scale approved by the Collier County Project Manager (CCPM) and shall be a standard
scale when printed on 11"x17" paper. Design documents shall use the NAVD 88 vertical control datum and
shall include the conversion equation for NGVD (1929) datum. Contract documents shall include plans and
specifications complete for construction, meeting regulatory requirements. In accordance with applicable
industry standard of care, the plans shall be accurate, legible, complete in design, and drawn to scales
acceptable to the County. Construction plans shall be provided as hard copy and in electronic format
(AutoCAD and PDF).
This phasing is preliminary, but representative of how the overall project may be divided.
It is anticipated that the construction of the Immokalee Road -Logan Boulevard Force Main will be divided
into three phases, but the limits of these phases have not yet been established.
In general, existing wastewater force mains along these alignments shall be connected to the subject
wastewater force main with appropriate valving. In most cases, the existing wastewater force main
connections will remain in place, i.e. the new connection will be in addition to the existing connections.
b. Final Design and Permitting Phase
I. Based on the final design criteria package, DBT will prepare final drawings and specifications, which
provide the general scope, extent and character of the work to be furnished, and performed by the
Contractor. Engineer ofRecord (EOR) will prepare and submit drawings and specifications at the agreed
upon complete stages for review and approval. DBT shall meet with PUD's engineering and operations
staff to review the preliminary and final drawings, specifications, and project schedule prior to starting
construction.
Technical specifications will be based on the 16 -Division format of the Construction Specifications
Institute (CSI) in MS Word format. In addition to technical specifications, DBT will coordinate with
PUD staff to develop necessary General Conditions, Supplemental Conditions, and Special Provisions
Specifications specifically for the project being constructed. Standard Collier County Specifications
may be used for reference, but the Engineer shall not rely on them as a replacement for sound engineering
judgment and responsibility. Documents shall include drawings and project specifications consistent
with Collier County standards, including, but not limited to, the following or as approved by the CCPM:
1) Cover sheet, index and key map
2) Civil Site Plan including fencing and landscaping.
3) Existing Conditions map
4) Civil Details
5) Demolition Plan
6) Infrastructure Plan and Profile
7) Details
8) Operational Contingency/Emergency Plans. For force mains connection/installation/testing a
bypass or contingency plan needs to be reviewed and approved by Wastewater Collections
team. DBT is responsible for any maintenance, safety, cost related to the operation.
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Identify/Verify/Exercise pumps/valves are required before initiating bypass. Do not initiate
bypasses on Fridays or Saturdays.
9) Safety & Security Plan and Tropical Storm/Hurricane Preparedness Plan. It needs to be
provided prior construction, to be reviewed and approved by Risk Management.
10) Noise Control Plan. To be followed always during construction of this project per county noise
ordinance and project specifications.
II. Furnish required copies of the Contract Documents that include, but not limited to, engineering drawings,
specifications, bid documents, project schedules and any other required documentation. Present and
review them in person with PUD staff at the agreed upon completion stages in the project and make
appropriate changes requested.
III, Prepare applications for all required regulatory, governmental and construction permits. Including data,
drawings and any work required to obtain the permit.
The DBT shall update the permitting plan a minimum of once per quarter. Consultant shall prepare
applications and provide responses to agency comments for the following permits:
• FDEP Noticed Permits (Wastewater and ERP)
• Collier County SDPI and Building permits
• SFWMD dewatering permit
• SFWMD right-of-way Permit (Big Cypress Basin)
• US ACOE
• Collier County right-of-way permit and FDOT
• Any other permits or consent required by the project
Prepare applications for all GMD's Right -of -Way permits, Insubstantial Change to a Site Improvement
Plan when required from Collier County Growth Management Division and respond to requests for
additional information. Prepare all other required permit applications.
• Prepare a permit application for submittal to the Florida Department of Environmental Protection
(FDEP) and provide backup documentation including drawings and specifications. Respond to all
request for additional information (RAI) from the FDEP.
• Prepare a South Florida Water Management District (SFWMD) Notice General or Individual permit
and dewatering permit.
• Prepare a permit application for submittal to the Florida Department of Transportation (FDOT) and
provide backup documentation including drawings and specifications. Respond to all request for
additional information (RAI) from the FDOT.
• Preparation of Notice of Intent (NOI) to use the Generic Permit for Discharge of Ground Water
from Dewatering Operations:
Offsite discharge of produced groundwater requires submittal of a Notice of Intent (NOI) through the
FDEP NPDES program. The NOI that will be signed by the Owner/Applicant requires certification that
contaminants are not present in groundwater. We propose to prepare the NOI for Owner signature,
prepare an application letter, and to submit the form to the FDEP. The application letter will include
details regarding the dewatering plan, temporary storage/treatment of dewatering effluent for turbidity,
the location of offsite discharge points, and a review of potential contaminated sites from FDEP
databases. FDEP offsite discharge permits have a duration of 5 years.
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The DBT shall also be responsbile for all permits and fees for proposed constrution activities, including
but not limited to dewatering, utility relocation, environmental, building permits, electrical permits and
wetland mitigation.
IV. Geotechnical / Material Testing
The DBT shall be responsible for all geotechnical / material testing, including but not limited to, material,
compaction, pressure/hydrostatic, bacteriological, flow meter functionality, etc., in accordance with
general industry and County standards. DBT shall analyze soil conditions, install cathodic protection as
necessary, and demonstrate compatibility of proposed design with subsurface conditions.
The DBT shall employ the services of a State of Florida Registered geotechnical engineer to perform a
Project Geotechnical Investigation based on their design, and issue a Geotechnical Investigation Report,
with the final design documentation, that includes but is not limited to the following:
1. Soil boring logs with field and laboratory data, soil stratification based on visual soil classification
2. Groundwater levels observed during and after completion drilling
3. Site and boring location plans
4. Subsurface exploration procedures
5. Description of subsurface conditions
6. Estimated seasonal high-water table
7. Recommendations for dewatering; especially for basins that will be fully or partially drained during
investigations and/or construction.
8. Discussion of development of the site related to geotechnical conditions
9. Recommendations for foundation system for the proposed structures including allowable foundation
bearing pressures, total and differential settlement values.
V. Procurement of Long Lead Time Materials
DBT shall prepare and submit to the County a materials list and schedule showing all long lead times on
this project. The materials list and schedule shall be submitted at the kick-off meeting.
1. Materials submittal table shall be approved by the County
2. Identify all material manufacturing and delivery dates
3. DBT is responsible for purchasing, delivering, unloading, properly storing materials and the
warranties.
Because Collier County is exempt fi-om sales tax and may wish to generate sales tax savings for the Project,
we reserve 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,
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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 fiom any manufacturer or supplier of any such Direct Purchase by Owner.
c. Upon completion of the construction documents for each portion of the project, the DBT shall perform a specific
review thereof and shall include a complete cost estimate and critical path method schedule. The DBT shall
submit to the County a written review covering alternative analyses, suggestions and recommendations. The
design may be subject to an independent analysis as determined by the County. The DBT shall specifically
address long lead procurement items and conditions characteristic of the County that may impede construction
and take appropriate action. The DBT should consider the increased cost of all underground work, activities
while preparing this bid. Further, no extra compensation or time extension will be allowed for additional work
associated with extracted rock or special handling of rock, or the presence or removal of muck or any other
unsuitable soils.
d. Collier County Transportation (Right of Way) Coordination. The DBT will coordinate and provide all
required information to Collier County Transportation (Right Of Way) and their Plan Review Team regarding
our utility improvements project.
The DBT will be expected to work in cooperation with the County and its designees, including private/public
utilities and stormwater systems that will be affected by the work and must be considered with the services
provided. The DBT shall provide design services to accomplish the work contained in this solicitation. The
DBT may retain sub -consultants for various design tasks; however, the DBT will be solely responsible for all
coordination and interface with the County. The DBT shall be the single point of contract for all design
services. The DBT shall obtain such additional geotechnical and surveying related information that it deems
necessary for the performance of the work.
3. Construction
The DBT shall provide all necessary materials, labor and equipment to properly construct all improvements as detailed on the
approved GMP, approved construction plans, and contract documents prepared by the Engineer of Record.
The DBT shall be responsible for performing the traditional duties of a General Contractor throughout the performance of the
work and warranty periods.
The DBT shall coordinate and ensure all work is in accordance with the design documents provided by the designer and as
approved by the County. The DBT will resolve and be responsible for conflicts between the design and actual on-site
conditions.
The DBT is to ensure that the project is completed in accordance with the plans and specifications and requirements of the
Florida Department of Environmental Regulation (FDEP) and Collier County. The DBT will be responsible to the Public
Utilities Engineering Director or his designee for all aspects of the project.
The work covered by these specifications includes the furnishing of all labor, equipment, materials and performing all
operations in connection with the summary of work, in compliance with the drawings, specifications and Contract Documents.
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The DBT shall perform all operations and incidentals necessary to complete the work in a turnkey condition and all restoration
work that may be required.
In case of damage to existing utilities caused by construction activities, contact the owner of the utility immediately. Repair
any damage to existing utilities caused by construction activities in coordination with or as directed by the owner of the utility.
Further, the DBT shall provide Construction Administration and Construction Inspection Services during construction. These
duties include, but not limited to, the items listed below.
I. Construction Administration
a. Pre -Construction Meeting - The EOR will chair the pre -construction meeting to review the project scope,
discuss project submittals and identify issues that need to be addressed prior to the project starting. The
EOR will prepare a DRAFT Agenda at least two business days in advance of the pre -construction
meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any
risks that have been encountered or are expected within two days after the meeting to the CCPM, PUD
staff, Construction Inspector, and the construction contractor.
b, Construction Progress Meetings — The EOR will chair the weekly/bi-monthly progress meetings to
review project status and identify issues that may affect the Project. The EOR will prepare a DRAFT
Agenda at least two business days in advance of each meeting and issue written meeting notes identifying
a summary of the discussion, conclusions and any risks that have been encountered or are expected
within two days after the meeting to the CCPM, PUD staff, Construction inspector, and the construction
contractor.
c. Shop Drawing Reviews — EOR shall review and approve (or take other appropriate action in respect oo
Shop Drawings, Samples and other data which Contractor is required to submit, but only for
conformance with the design information given in the Contract Documents and compatibility with the
design concept of the completed project as a functioning whole as indicated in the Contract Documents.
Such reviews and approvals or other action will not extend to means, methods, techniques, sequence or
procedures of construction or to safety precautions and programs incident thereto. Review of a specific
item shall not indicate the EOR has reviewed the entire assembly of which the item is a component.
EOR shall not be required to review partial submissions or those for which submissions of correlated
items have not been received. Maintain a complete log of all submittals of shop drawings, noting the
dates of first submittal and subsequent reviews and resubmittals, approval, etc.
d. As -Equal Materials — Collier County PUD/EPMD shall evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor.
e. Project Schedule - The EOR shall be responsible for the review and acceptance of the Contractor's
progress schedule. The EOR shall review the schedule to ensure that all general work efforts are
addressed, that the schedule is following a logical approach to the job, that it is following sound
engineering and construction practices and that it identifies all critical path work. The EOR shall monitor
the schedule bi-monthly, and after a review with the Contractor, advise PUD staff of any areas where
the Contractor appears to be falling behind.
Project Pay Applications - The EOR shall approve of any payment requested by the contractor in an
Application for Payment before the pay application is submitted to the Clerk's office. Payment shall
constitute a representation by the EOR to PUD based on the Construction inspector's on-site
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observations of the work in progress as an experienced and qualified construction professional and on
the EOR's review of the applications for payment and the accompanying data and schedules that the
work has progressed to the point indicated; that to the best of the EOR's knowledge, information and
belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is
entitled or is not entitled to the payment of the amount recommended. The FOR will process pay requests
in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the EOR
shall be mechanically stamped with the date received.
g. Request for Information — EOR shall review and respond to all Requests for Information (RFI's) that the
Contractor submits. If required by PUD staff, EOR shall revise construction plans based on response to
RFI.
h. Change Orders and Work Directives — FOR shall prepare all Change Orders and Work Change
Directives during the project for the CCPM's review and approval.
i. Material Testing Records — Maintain records of all density sampling and testing accomplished and
analyze such records required to ascertain acceptability of materials and completed work items. The
field reports for records of work and testing results shall be submitted within one week to the CCPM.
j. Preparation of Monthly Report — EOR shall prepare a monthly report of all the construction activity
completed. Sections in the report should include, but not be limited to, Executive Summary, Contract
Cost Status, Project Schedule, Critical Issues, RFI Status, Submittal Status, Allowance Log, Project
Payment Application, Observation Reports and Project Photos.
k. Permit Requirements — FOR shall monitor the construction contract to the extent necessary to determine
whether construction activities violate the requirements of any permits. Notify the Contractor of any
violations or potential violations and require immediate resolution of the problem. Violations must be
reported to the CCPM immediately.
Florida Department of Environmental Protection Certifications — The EOR shall prepare and submit
certification packages to the Florida Department of Environmental Protection for the completed sections
of the CCWSD's wastewater systems.
in. Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation
for final payment" the EOR will provide a signed and sealed certification stating that the Project has
been completed by the construction contractor in accordance with the Plans and Specifications of the
Contract Documents as amended by the EOR. All services related to the Final Construction Certification
shall be provided to the CCPM of the Project.
n. Asset Management Record Information — EOR shall provide all information in the electronic format
stipulated by PUD staff required to populate the PUD's GIS and Asset Management system in place at
the time of project completion.
o. Final Project Submittal - EOR shall provide PUD with one complete file, itemized and indexed, of all
project related records at the end of the Project.
II. Construction Observation and Documentation
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EOR's inspector (construction inspector) shall observe regular construction and testing activities related to
the Project as directed by the CCPM, including rehabilitation work. Construction/testing reports and pictures
of construction will be prepared on site daily on the day the construction activity takes place by the
construction inspector. All daily construction documentation will be provided no later than 8 AM on the
following day of the date of construction activities via electronic E-mail to the CCPM and designated
recipients. Both a hard copy and an electronic copy shall be kept in the project file of the EOR and given to
PUD staff upon completion of the project.
The construction inspector (or activity observer) will provide the services outlined below. This section also
incorporates activity observations associated with the design phase (i.e. - smoke testing, flow monitoring,
inspections, etc.).
a. Construction/Testing Observation — The construction inspector will conduct on-site observations and
inspections of all construction/testing activities on the Project on a full or part time basis unless directed
otherwise by the Project Manager to ensure that all work is completed in accordance with the Contract
Documents. The Construction Inspector will inform the CCPM, EOR and the on-site superintendent of
the construction/testing contractor of any concerns related to conformance of the work with the Contract
Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-site. If the concern
or issue is not immediately resolved in the field, the Construction Inspector shall inform the EOR and
the CCPM in writing about the concern or issue within eight (8) business hours, but not more than one
business day after the discovery of any concern or issue. The FOR will be responsible for investigating
the concern or issue and resolving the same through a written directive to the construction contractor;
approved by the CCPM, and so inform the CCPM and the Construction Inspector in writing. This
protocol will be initiated any time the Construction Inspector becomes aware of any construction that is
unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the
requirements of any inspections, tests or approval required to be made, or has been damaged before final
payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any
issue or concern that is conveyed in writing to the FOR, including the written directive resolving the
issue or concern.
b. Daily Log and Construction Documentation — The construction inspector will prepare a daily log with
pictures recording activities and details related to the work on a form approved in advance by the CCPM'.
Information will be recorded in the log when at the Project Site. Log entries will record all relevant
aspects of the construction observed while on site including, but not limited to: construction crew (labor)
details, equipment used, materials used, compliance testing and inspection performed, weather,
temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction
methods, location of the work, and all other details related to the Work. The log will reference the digital
photographs and or video taken with appropriate file names and file locations. In addition to the
construction details, the daily log will contain information related to: time and hours on the job site,
weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list
of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fittings, name plate data for equipment and material installed,
and other information requested by the CCPM. Logs, photograph files and other construction
documentation will be provided to the CCPM by the Construction inspector on a daily basis in an
electronic file via E-mail, on a digital CD only if requested by the Project Manager and a printed copy
to be maintained on the project site in the inspector's trailer.
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Photographic and Video Record — The Construction inspector will provide a comprehensive digital
photographic record of all construction activities related to the Project. The digital file names will be
referenced in the log along with a brief description of the photograph, the date and time of the photograph
and the name of the photographer. The digital files will be transferred via E-mail to the CCPM daily, to
a digital CD if requested by the CCPM and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E-mail to the CCPM daily. If requested by
the CCPM, pictures will be printed in high resolution color, two captioned photos per 8 `/2" x 11" sheet,
printed one side only. The prints if requested will be provided to the CCPM when needed. If requested
by the CCPM, Video will be provided in digital format on DVD bi-weekly.
d. General Coordination — The Construction inspector will coordinate all activities related to the Project
between the construction contractor, the EOR and the CCPM. The Construction inspector will oversee
substantial and final completion inspections, and prepare and maintain the punch list, including follow-
up inspections to ensure that punch list items are corrected and/or completed.
e. Observe Regulatory Agency Inspections — The construction inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all discussions
and the outcome of these regulatory inspections in the logs. The construction inspector will always
notify the CCPM prior to any such inspections.
f. Substantial Completion Inspections — The Construction inspector will conduct substantial completion
inspections when requested by the construction contractor and the EOR recommends that the work is
sufficiently complete to warrant a substantial completion inspection. During the substantial completion
inspection, the Construction inspector will prepare a punch list of items requiring completion or
correction to the satisfaction of the EOR and the CCPM. The Construction inspector will be responsible
for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The Construction
inspector will coordinate and participate in the final walk-through to ensure that the punch -list items are
completed to the satisfaction of the EOR and the CCPM. All services related to the Substantial
Completion Inspection shall be provided in writing and pictures to the CCPM for the Project.
g. Final Completion Inspection - Upon the request of the construction contractor and concurrence of the
EOR and the CCPM, the Construction inspector will conduct final inspections of portions of the project,
as they are finished to determine if construction has been completed in accordance with the Contract
Documents and the construction contractor has fulfilled all obligations therein. Based on the results of
the final inspection, the EOR, Project Manager, and the Construction inspector will judge the work
complete or not complete. If the work is judged complete, the Construction inspector will issue a "notice
of final acceptance and recommendation for final payment for that portion/phase of the project". If the
work is judged not complete, the Construction inspector will issue written instructions to the construction
contractor identifying the work judged not complete. Upon provision of the construction contractor
evidence or assurance that the deficiencies noted above have been corrected or completed, a second final
inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction
inspector can issue a "notice of final acceptance and recommendation for final payment'. All services
related to the Final Completion Inspection shall be provided to the CCPM of the Project.
h. General Management and Oversight — The Construction inspector will provide support services
customarily related to the construction observation and inspection of similar projects including, but not
limited to:
• Participate in a pre -construction meeting with the CCPM, EOR, and the general
contractor.
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• Participate in project progress meetings as described or implied herein.
• Review and verify correctness of the construction contractor's monthly quantities and
recommend approval to the EOR. The Construction inspector's recommendation of
monthly quantities shall constitute a representation by the Construction inspector to the
EOR & CCPM as an experienced and qualified professional, that based on Construction
inspector's onsite observations and inspections of construction in progress, that the
construction quantities in the applications for payment accurately reflect the progress of
the work and that the work is constructed in accordance with the Contract Documents.
• The Construction inspector will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the CCPM and
EOR.
• The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided by the
EOR.
i. Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction
inspector will coordinate with the EOR regarding the issuance of interpretations and clarifications of
Contract Documents during construction. The EOR shall be responsible for technical review and
decisions regarding interpretation and clarification of Contract Documents. The Construction inspector
shall coordinate the EOR decisions and responses with the construction contractor.
j. Monitor Project Records — The Construction inspector shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
k. As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark-up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the
"As Built" documentation provided by the construction contractor. The Construction inspector will
notify the CCPM, EOR and the construction contractor of any differences in the documents maintained
by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR.
Consultant shall also submit record information in PUD GIS format for integration into the current GIS
system. In addition, information shall be submitted for entry into the PUD's asset management system.
1. Start-up and Re -commissioning Support — The Construction inspector will assist the CCPM, the EOR,
and the construction contractor during start-up of each segment designated for Beneficial Use by the
EOR and CCPM, including but not limited to general coordination between the EOR,
in. Additional Services (only as authorized in writing) —In accordance with the contract or purchase order,
in the event that other services may arise during the course of the work but were not envisioned as part
of the original or amended scope of work; DBT shall submit a proposal to perform Additional Services
prior to the performance of the work. The proposal shall include the specific services to be performed,
time to complete, compensation, and an explanation as to why the services were not previously
envisioned as part of the scope of work. The proposed Additional Services must be approved by the
CCPM in writing in advance of performance of said Additional Services. Failure to notify the CCPM in
writing of Additional Services shall be deemed a waiver of any claim by the -Design -Build team that
such services were Additional Services. Written authorization from the CCPM will be required for any
charges that exceed the predetermined upper limit.
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4. Quality Control/Quality Assurance/Inspections
The DBT will solely be responsible for daily inspections of the project. The DBT is to develop and implement a Quality
Assurance/ Quality Control program. Final acceptance of each project and quality assurance will be provided by the County
and based on the DBT's certifications, environmental permit close-out requirements, signed and sealed as -built documentation
and all other required close out documents.
All materials shall be new. No used, remanufactured, damaged or rebuilt materials shall be used.
During all phases of construction, interruptions to existing services shall be kept to a minimum. No interruptions shall take
place without the approval by the COUNTY. DBT shall provide a minimum of 10 business days written notice to the COUNTY
prior to executing any work that may interrupt to service.
DBT shall be responsible for providing all testing and start-up services for equipment and materials. Connections to existing
COUNTY wastewater mains shall be constructed as described in the Technical Specifications and shown in the Utilities Detail
Drawings. These details shall apply to all connections to existing systems.
Tests and inspections of all wastewater systems or portion(s) thereof shall be performed in accordance with the Technical
Specifications before acceptance of the systems or portions thereof by Collier County.
The DBT shall submit a by-pass plan. After approval by the COUNTY, by-pass plans can be implemented with a 10 business
days notice to the COUNTY. The cost for all by-pass piping/pumping shall be incidental to the contract, and the
CONTRACTOR shall bear all costs associated with this task.
Other considerations
a. Access and Maintenance of Traffic
Coordination with the SFWMD is critical to project success. The DBT will coordinate with the SFWMD to ensure their
access needs along the multi -use pathway that runs along the north side of the 'Cocohatchee canal are understood and
accommodated. ` The DBT shall not block access to the C00O3 control structure at any time during
construction. Although it is anticipated that the multi -use pathway will be closed (temporarily during forcemain
installation, the DBT shall endeavor to keep the multi -use pathway; open to the greatest extent possible while not sacrificing
safety of project personnel or the general public.In the event that any permit restrictions or requirements for the multi-
use pathway are stricter than those outlined in the DCP, the permit will control. To follow the Maintenance of Traffic
Policy during the construction of the project. Access roads and parking areas are to be kept clean during the construction.
b. Site Maintenance
The DESIGN -BUILDER shall be fully responsible for maintaining the construction site in a manner acceptable to the
County. Site maintenance shall include, at a minimum, the use of dumpsters for disposal of construction debris, trash clean-
up and removal, installation and maintenance of silt fence around disturbed areas, maintaining lawn areas in and around
the construction zones and staging areas, and providing temporary fencing to secure staging areas. Construction material,
such as piping, valves and associated appurtenances shall be neatly stacked by Design -Build Team when not in use. Items
that are demolished, unless intended for salvage for the County, shall be removed from the site on a daily basis. Waste
shall not be buried or burned on site or disposed of into storm drains, sanitary sewer, streams, or water ways. All waste
shall be removed from the site and disposed in a manner complying with all applicable ordinances and laws. The County
reserves the right to limit the movement of construction crews when an area is not acceptably cleaned and maintained.
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c. Safety Considerations
Safety is of the utmost importance for this project and the DESIGN -BUILDER is encouraged to improve safety in any or
all the facilities included in the project. The design of the improvements shall be completed in accordance with OSHA
standards and address operator and maintenance staff safety. Safety considerations to be addressed by the DESIGN -
BUILDER shall be required for all new and existing project equipment.
DESIGN -BUILDER is responsible for coordinating construction activities with the above project or any new projects in
the area to minimize public impacts and to enhance safety.
d. Working Hours
Work shall be performed Monday through Saturday between the hours of 7:00 am and 7:00 pm, with the exception of
Holidays as recognized by Collier County. No work will be allowed on County recognized Holidays without approval of
the County Project Manager.
e. Easements
DESIGN -BUILDER shall be responsible to obtain all permanent and temporary easements as required to complete the
project.
6. Project Management Information
The DBT shall establish, with the full concurrence of the County, procedures for organizing and accomplishing the management
control of the project including safety and traffic control.
The DBT shall design, implement and utilize a Project Management Information System (PMIS) to facilitate the rapid and
accurate exchange and monitoring of information between all parties.
The PMIS shall include as a minimum the following:
• Narrative reporting, on a daily basis
• Schedule control, on a weekly basis
• Cost Control, and estimating
• Project accounting
• Action reports
• Complaint Log
• Daily Quality Control/Inspection Reports
• Change Order Log
All reports, documents and data to be provided shall represent an accurate assessment of the status of the project and of the
work remaining to be accomplished. The information provided shall provide a sound basis for identifying variances and
problems and shall include recommendations for making management decisions. It shall be prepared and furnished to the
County monthly throughout the contract period.
7. Warranty
Where any work is performed by the DBT's own forces or by subcontractors under contract with the DBT, the DBT shall
warrant that all materials and equipment included in such work will be of good quality, free from improper workmanship and
defective materials and in conformance with the drawings and specifications. In general, the warranty shall be a two-year period
(per proposal) from acceptance (date of final completion) by the County (unless superseded in the scope of work). With respect
to the same work, the DBT further agrees to correct all work found by the County to be defective in material or workmanship
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or not in conformance with the drawings or specifications at no expense to the County. The HDPE pipe manufacturer will also
provide an extra three years materials warranty; for a total of five years HDPE pipe coverage.
8. Public Information Program
The DBT shall undertake a Public Information Program. The minimum requirements to complete this task and any information
assembled shall include the following and must be approved by the County.
• Maintain mailing and e-mail lists of residents and businesses in the project area, permit and review agencies, property
owners adjacent to or within the five hundred (500) feet of the project, and other interested parties that may be
designated by the County.
• Coordinating with property owners and public services affected by construction, i.e. garbage, USPS.
• Contacting businesses individually, either personally or by phone, as necessary to inform those business closely
affected by the construction activities.
• Maintaining the project customer service log using PUD provided template.
• Provide and distribute notification to residents in affected construction area in advance of proceeding with work in
that area. Respond to public concerns, DBT shall keep residents informed of changes, delays, or other inconveniences
until work in that area is complete.
• Prepare and distribute exhibits, attend and participate in three (3) Public Information Meetings, which shall be
conducted by the DBT. The DBT shall prepare and send notification of all meetings to all parties on the appropriate
mailing lists.
• Prepare and distribute presentation exhibits for use as visual aids during public meetings.
• Erect project signs throughout the project area indicating the name of the project, project descriptions, and contact
information in accordance with Collier County Standards.
The DBT shall also be responsible for establishing a project inquiry phone line to manage complaints, questions and concerns.
The phone number of this line will be prominently displayed on all communications with the public. All complaints will be
researched, and a response will be provided. Action on all complaints should be taken within twenty-four (24) hours from the
time the complaint is registered. This information will be recorded and tracked in a computer database that may be reviewed
by the County daily. In addition, a County representative will be identified to hear claims.
9. Allowances
In the Price Proposal Page an allowance amount is included for electrical work that may be is required during the installation
or testing of the FMs. Also an allowance amount is included to provide legal sketches and descriptions for temporary
construction, and permanent easement and Right-of-way acquisition as required. The DBT should include a 5% of the GMP
for Allowance; this allowance will be for unforeseen conditions and for unknown task(s) of this DB project.
10. Addenda
Any additional scope or responsibilities described in the addenda are understood to be binding on the DBT and to be
conformed to just as the rest of the design criteria package and this document aside from any revisions made during the
negotiations that would supersede any previously described requirements'.
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DESIGN -BUILD OROAD, LOGAN BOULEVARDAND x: BEACH ROAD NEW 24-INCIF
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11. Addendum—Negotiation` Scope Change
Connection of the proposed 24" FM to the existing Immokalee Road FM will be made at the transition of the Immokalee
Road FM fi-om 16" diameter pipe to 20" diameter pipe. A 24" pipe stub with plug valve will be added west ofthe proposed
canal crossing to accommodate a possible future connection.
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
Revise the connection of the existing 8" Treeline Drive force main to the new 12" force main to occur on the northeast corner
of the intersection of Logan Blvd. and Treeline Drive per the following sketch':
Additionally, the existing 8" forcemain that runs along the east side of Logan Blvd. from Treeline Drive to Immokalee Road
will not be capped and grouted, This forcemain will remain in service.
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 23
00-11
DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH
FORCE MAIN PROJECT
RPS NO.: 19-7605
Add one 16 -inch plug valve to the existing 16" influent forcernain at MPS 104.
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
This document is signed and sealed as described in Florida Department of Business and Professional Regulation Board of
Professional Engineers.
,♦
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%gyp. � ATE OF
66680 Date
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 25
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MESIGN-BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 INCH
FORCE MAIN PROJECT
RPS
• 19-7605
Al. See Alignment Option #I Preliminary Plans — Proposed HDPE 24 -
inch diameter FM (05-27-2014).
LOGAN BOULEVARD AND VANDERBELT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
A2. See Logan Boulevard Turn Lane Improvements SDP
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 27
DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24-INCF.
FORCE MAINPROJECT
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A3. See Logan Boulevard Bridge SUE (03-28-2019)
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
B1. See Master Pump Station 104.00 Record Drawings (02-14-2011).
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH
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B2. See Immokalee Road 24 -Inch FM — Phase I Record Drawings
(2014).
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
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RPS NO.: 19-7605
I IN 11111
B3. See Immokalee Road & Broken Back Road Force Main —As Built
Survey (05-24-2016).
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 31
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• MAIN PROJECT
RPS
• 19-7605
B4. See Logan Boulevard Extension As -built (01-04-2018).
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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(��Xu
DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
Collier County Public Utilities Department Approved CIP Product List
Water, Wastewater, IQ, Electrical, and Instrumentation.
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 33
• MAIN PROJECT
RPS NO.: 19-7605
Preferred Road Restoration Detail for Arterial/Collector Roadways.
LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT
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DESIGN -BUILD OF IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH
ROAD NEW 24 -INCH FORCE MAIN PROJECT
RPS NO.: 19-7605
APPENDIX E — IT FIBER SPECIFICATIONS
Collier County IT Fiber Scope of Work.
IMMOKALEE ROAD, LOGAN BOULEVARD AND VANDERBILT BEACH ROAD NEW 24 -INCH FORCE MAIN PROJECT Page 35