#15-6506 (Douglas N. Higgins, Inc.) MEMORANDUM
Date: November 25, 2015
To: Diana De Leon, Contracts Technician
Purchasing & General Services Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #15-6506 — MPS 303 & 304
Contractor: Douglas N. Higgins, Inc.
Attached is an original of the contract referenced above, (Item #11A) approved by the
Board of County Commissioners on Tuesday, November 10, 2015.
An original amendment has been held by the Minutes and Records Department as part
of the Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
0
Co'i er County
Administrative Services Department
Procurement Services Division
or:
MPS 303 & 304 Rehab
COLLIER COUNTY BID NO. 15-6506
COLLIER COUNTY, FLORIDA
Swainson Hall, Procurement Strategist
Email: swainsonhall(a�colliergov.net
Telephone: (239) 252- 8935
FAX: (239) 252- 6334
Design Professional:AECOM
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Construction Services Agreement for Public Utilities:Revised 07012015
TABLE OF CONTENTS
PUBLIC NOTICE 3
PART B INSTRUCTIONS TO BIDDERS 5
CONSTRUCTION BID 12
BID SCHEDULE 13
MATERIAL MANUFACTURERS 14
LIST OF MAJOR SUBCONTRACTORS 15
STATEMENT OF EXPERIENCE OF BIDDER 16
TRENCH SAFETY ACT 17
IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 19
BID BOND 23
BIDDERS CHECK LIST 25
CONSTRUCTION AGREEMENT 26
EXHIBIT A: PUBLIC PAYMENT BOND 33
EXHIBIT A: PUBLIC PERFORMANCE BOND 36
EXHIBIT B: INSURANCE REQUIREMENTS 39
INSURANCE AND BONDING REQUIREMENTS 41
EXHIBIT C:RELEASE AND AFFIDAVIT FORM 43
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 45
EXHIBIT E: CHANGE ORDER 46
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 47
EXHIBIT G: FINAL PAYMENT CHECKLIST 49
EXHIBIT H: GENERAL TERMS AND CONDITIONS 51
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 79
EXHIBIT J: TECHNICAL SPECIFICATIONS 80
EXHIBIT K: PERMITS 81
EXHIBIT L: STANDARD DETAILS 82
EXHIBIT M: PLANS AND SPECIFICATIONS 83
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 84
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Construction Services Agreement for Public Utilities:Revised 07012015
Cat
er County
Administrative Services Department
r-a,ourernent Services Dr VI S.011
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
MPS 303 & 304 Rehab
COUNTY BID NO. 15-6506
Separate sealed bids for the construction of MPS 303 & 304 Rehab, addressed to Ms. Joanne
Markiewicz, Director, Procurement Services, will be received at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL
TIME, on the 25th day of August 2015, at which time all bids will be publicly opened and read
aloud. Any bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference
Room A, at 10:00 a.m. LOCAL TIME on the 31st day of July 2015, at which time all
prospective Bidders may have questions answered regarding the Bidding Documents for this
Project. All Bidders shall submit all questions via the OnLine Bidding System located at
colliergov.net\bid. All questions will be answered in the OnLine Bidding System. The Engineer's
Estimate for this project is $3,463,300.00 Dollars.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, MPS 303 & 304 Rehab Bid No. 15-6506 and Bid Date of August
25, 2015". No bid shall be considered unless it is made on an unaltered Bid form which is
included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding
Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net/bid.
Copies of the Bidding Documents may be obtained only from the denoted website. Bidding
Documents obtained from sources other than the Collier County Purchasing Department
website may not be accurate or current.
Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not
less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance
within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached hereto and
incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance
Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds,
Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be
either be executed by or countersigned by a licensed resident agent of the surety or insurance
company having its place of business in the State of Florida. Further, the said surety or
insurance company shall be duly licensed and qualified to do business in the State of Florida.
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Construction Services Agreement for Public Utilities:Revised 07012015
Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each
bond a certified and effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such
contractor's and business licenses, certifications and registrations as required by State statutes
and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct
such investigations as it deems necessary to determine the performance record and ability of
the apparent low Bidder to perform the size and type of work specified in the Bidding .
Documents. Upon request, the Bidder shall submit such information as deemed necessary by
the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within Five Hundred and
Forty (540) calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and
purpose of the Bidding Documents, and to postpone the award of the contract for a period of
time which, however, shall not extend beyond one hundred twenty (120) days from the bid
opening date without the consent of the Successful Bidder.
Dated this 24th day of July 2015
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services Division
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Construction Services Agreement for Public Utilities:Revised 07012015
PART B-INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly
authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or architect
who is in privity with the Owner for the purpose of designing and/or monitoring the construction
of the project. At the Owner's discretion, any or all duties of the Design Professional referenced
in the Contract Documents may be assumed at any time by the Project Manager on behalf of
the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any
of his/her duties specified in the Contract Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in
response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive
Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the
Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to
Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents,
properly signed, providing the Owner a proposed cost for providing the services required in the
Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner(pages
12 - 25 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and
agrees that it shall execute the Agreement in the form attached hereto and incorporated herein.
The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid
Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid
Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains
any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be
submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening
Date and Time, and shall be addressed to the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed
envelope containing the Bid must be enclosed in another sealed envelope addressed as above.
Bids received at the location specified herein after the time specified for bid opening will be
returned to the bidder unopened and shall not be considered.
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Construction Services Agreement for Public Utilities:Revised 07012015
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check
payable to Owner on some bank or trust company located in the State of Florida insured by the
Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the
bidder's maximum possible award (base bid plus all add alternates) (collectively referred to
herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages
if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails
to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within
ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with
conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond.
Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been
executed by the Successful Bidder and same has been delivered to Owner together with the
required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the
respective Bidders. All other Bid Deposits shall be released within ten (10)working days of the
Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty
(120) days after the public opening thereof. If a Bid is not accepted within said time period it
shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the
Owner awards the contract prior to the expiration of the one hundred and twenty (120) day
period without selecting any or all alternates, the Owner shall retain the right to subsequently
award to the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the
Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Project requires additional
time, in which event the Owner shall have such additional time to execute the Agreement as
may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons.
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address and state
of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of the
partnership must be shown below said signature.
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Construction Services Agreement for Public Utilities:Revised 07012015
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general partner of
partnership, a properly notarized power of attorney must be submitted with the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the
Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice
the right of a Bidder to file a new Bid prior to the time specified for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents
shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be
without legal effect. All requests for interpretations or clarifications shall be in writing, addressed
to the Purchasing Department, to be given consideration. All such requests for interpretations
or clarification must be received at least ten (10) calendar days prior to the Bid opening date.
Any and all such interpretations and supplemental instructions shall be in the form of written
addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective
addresses furnished for such purposes no later than three (3) working days prior to the date
fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall
become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it
has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory. In instances where the Owner has deemed the pre-bid to be
mandatory, the Bidder's failure to attend the pre-bid conference shall result in the
rejection of his bid.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
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Construction Services Agreement for Public Utilities:Revised 07012015
b. Visited the site to become familiar with local conditions that may in any manner affect
performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations
affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that
may be encountered in the execution of the Work pursuant to these Bidding Documents as a
result of failure to make the necessary examinations and investigations shall be accepted as an
excuse for any failure or omission on the part of the Successful Bidder, nor shall they be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with this
Project available to any Bidder requesting them at cost; provided, however, the Owner does not
warrant or represent to any Bidder either the completeness or accuracy of any such surveys
and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such
additional surveys and investigations as may be necessary to determine its Bid price for the
performance of the Work within the terms of the Bidding Documents. This provision shall be
subject to Section 2.3 of the General Conditions to the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space
is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use
in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are
not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared on the basis of number of units
stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be
multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement
may be rejected. Special attention to all Bidders is called to this provision, because if conditions
make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such
increased or decreased quantities. Compensation for such additive or subtractive changes in
the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a
notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to
re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the
estimate at the time of bid.
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Construction Services Agreement for Public Utilities:Revised 07012015
11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a
response or a no-bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
invitation (including the form of the bid documents or bid procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's
then current purchasing ordinance.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive
and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the
Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder,
the Owner shall consider the capability of the Bidder to perform the contract in a timely and
responsible manner. When the contract is awarded by Owner, such award shall be evidenced
by a written Notice of Award, signed by a purchasing professional of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to awardee
at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing Department
generally on Wednesdays or Thursdays prior to the presentation to the Board of County
Commissioners. Award of Contract will be made by the Board of County Commissioners in
public session. Any actual or prospective bidder who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement
Director within two (2) calendar days (excluding weekends and holidays) of the date that the
recommended award is posted. Upon filing of said notice, the protesting party will have five (5)
days to file a formal protest, said protest to strictly comply with Owner's then current purchasing
ordinance. A copy of the purchasing ordinance is available at
http://www.colliergov.net/Index.aspx?page=762.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such
copies.
12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such
copies.
12.6 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of
State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501
and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a
contract. A copy of the document may be submitted with the solicitation response and the
document number shall be identified. Firms who do not provide the certificate of authority at the
time of response shall be required to provide same within five (5) days upon notification of
selection for award. If the firm cannot provide the document within the referenced timeframe, the
County reserves the right to award to another firm.
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Construction Services Agreement for Public Utilities:Revised 07012015
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost to
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid
Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection fees
applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include
these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the
responsibility to initiate and complete all necessary and appropriate actions to obtain the
required permits other than payment for the items identified in this section. Owner will not be
obligated to pay for any permits obtained by Subcontractors.
14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary
permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work on this
Project shall be "qualified" as defined in Collier County Ordinance 2013.69, meaning a person or
entity that has the capability in all respects to perform fully the Agreement requirements and has
the integrity and reliability to assure good faith performance. A Subcontractor's disqualification
from bidding by the Owner, or other public contracting entity within the past twelve months shall
be considered by the Owner when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor when
evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement
within the time required. Owner reserves the right to disqualify a Bidder who includes
Subcontractors in its bid offer which are not "qualified" or who do not meet the legal
requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have been
disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes
by any public contracting entity, or who has exhibited an inability to perform through any other
means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall
identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of
Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and
agree that the subcontractors identified on the list is not a complete list of the subcontractors to
be used on the Project, but rather only the major subcontractors for each category of Work as
established by Owner. Bidders further acknowledge that once there is an Award of Contract,
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Construction Services Agreement for Public Utilities:Revised 07012015
the Successful Bidder shall identify, subject to Owner's review and approval, all the
subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor
shall be removed or replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill,
Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from
contact with County staff for a specified period of time; b. Prohibition by the individual and/or
firm from doing business with the County for a specified period of time, including but not limited
to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by
the individual and/or firm for cause.
Section 17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a response.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
solicitation closing to final Board approval, no firm or their agent shall contact any other
employee of Collier County in reference to this solicitation, or the vendor's response, with the
exception of the Procurement Director or his designee(s). Failure to abide by this provision may
serve as grounds for disqualification for award of this contract to the firm.
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance
with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids,
proposals, or replies 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; and may not transact business 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."
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Construction Services Agreement for Public Utilities:Revised 07012015
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MPS 303 &304 Rehab
BID NO. 15-6506
Full Name of Bidder Douglas N. Higgins,Inc.
Main Business Address 3390 Travis Pointe Rd.,Ste.A,Ann Arbor,MI 48108
Place of Business 4485 Enterprise Ave.,Naples,FL 34104
Telephone No. 239-774-3130 Fax No. 239-774-4266
State Contractor's License# CGC060189
State of Florida Certificate of Authority Document Number 830666
Federal Tax Identification Number 38-1807765
DUNS# 01-722-2183 CCR# Cage Code OVD82
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as
principals are those named herein, that this Bid is submitted without collusion with any other
person,firm or corporation; that it has carefully examined the location of the proposed Work, the
proposed form of Agreement and all other Contract Documents and Bonds, and the Contract
Drawings and Specifications, including Addenda issued thereto and acknowledges receipt
below:
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included
in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other
means of construction, including utility and transportation services necessary to do all the Work,
and furnish all the materials and equipment specified or referred to in the Contract Documents
in the manner and time herein prescribed and according to the requirements of the Owner as
therein set forth, furnish the Contractor's Bonds and Insurance specified in the General
Conditions of the Contract, and to do all other things required of the Contractor by the Contract
Documents, and that it will take full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case where
further decimal points are inadvertently provided, rounding to two decimal points will be
conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages.
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Construction Services Agreement for Public Utilities:Revised 07012015
C er County Email: SwainsonHall @colliergov.net
��.,. Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
Purnha$Ing
ADDENDUM #1
Memorandum
Date: July 27, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #1 — 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
1. Posting Plans and Specifications for MPS 303
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
it 4r Cal4ntY Email: SwainsonHall @colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
Purchasing
ADDENDUM #2
Memorandum
Date: August 4, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum#2— 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
1. Sit visits are as followed:
Wednesday, August 5, 2015 @ 10:00 am at MPS 303, and Wednesday, August 5, 2015 @
11:00 am at MPS 304
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
1
0 ,,
County,; Email: SwainsonHall @colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239) 252-6334
Purchasing
ADDENDUM#2
Memorandum
Date: August 4, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #2 — 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
1. Sit visits are as followed:
Wednesday @ 10:00 am at MPS 303, and Wednesday @ 11:00 am at MPS 304
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
1
Co Email: SwainsonHall @colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
Purch1sing
ADDENDUM #3
Memorandum
Date: August 17, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #3— 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
Current Due Date—Tuesday, August 25, 2015 at 2:30PM
Updated Due Date—Wednesday, September 3, 2015 at 2:30PM
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
1
t 7 Y County Email: SwainsonHall @colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239) 252-6334
Purchasing
ADDENDUM#3
Memorandum
Date: August 17, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #3— 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
Current Due Date—Tuesday, August 25, 2015 at 2:30PM
Updated Due Date—Thursday, September 3, 2015 at 2:30PM
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
1 Email: SwainsonHall @colliergov.net
CO Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
Purch asing
ADDENDUM #4
•
Memorandum
Date: August 28, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum#4— 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE 1:
Current Due Date—Thursday, September 3, 2015 at 2:30PM
Updated Due Date—Thursday, September 10, 2015 at 2:30PM
CHANGE 2:
Note: The changes provided below are applicable to both MPS 303 and MPS 304.
1. Changes to specification documentation from Project Manager
a. Revision to Specification Section 409635—Loop Descriptions
b. Revision to Specification Section 433116—Diesel Backup Pump
c. Delete Drawing C-503
d. Revision to Drawing DI-003—Revised Rain Gauge information
e. Revision to Drawing 01-004—Revised system architecture
2. In addition to the revisions above, AECOM provides the following responses to questions
posed by potential bidders:
a. On page "E-101" (for MPS 303/304) there are "PB" designated at each pump location. (see
attached) Can we get clarification that this is a push button. If it is a push button what is the intent
on the push button. Starting/Stopping, Lamp indications, Hand/Off/Automatic, ect. Reference
Spec section 26 05 90, Part 2, F, 1-4.
Response: The symbol is for a local control station. Per the schematic wiring diagrams
on Drawing E-603, these should be local 2-position "On-Off' selector switch stations,
with the switch being weather tight for outdoor use and mounted on the front of a Type
316 stainless steel box.
��J\fib\
b. The written fence spec in section 32 31 13 and the fence spec drawn on plan page C-503, are
two different types of fence. Could you please clarify which fence spec the county wants so that
we can bid and plan accordingly.
Response: Delete Drawing C-503, FDOT index 802 and 803. Construct fence in
accordance with Specification 323113 and Collier County standard detail WW-7C.
c. Specification section 26 05 20 Part 2 item B.7 calls for special three conductor cables with
three ground wires between the VFD's and the motors. Please supply a product code numbers
for the specified Southwire ArmorX or the Lutze Driveflex cables? These cables have several
different configurations. Based on the answer to the prior question, conduit sizes may have to be
increased from those shown on Drawing E-602, based on the area of the cable, to comply with
the NEC Table 1 Chapter 9 that requires 1 wire to have 53% of fill in the conduit. This will affect
conduit Numbers as follows: 1. conduit number 1014 2. conduit number 1015 3. conduit number
1016 It appears that conduit number 1030 should have 3 Cat.5 cables to each drive VFD 1, 2 & 3
to match the schematic for the Drawing E-603 typical pump control schematic for P-301, P-302
and P-303. Please clarify.
Response: For cable from VFD to motor use Southwire Armor X 3-conductor/#12-wire
cable #HLX01-XXH-12/3/P or equal. According to Southwire's published cable overall
diameter, 1" conduit will be sufficient for 53% fill. There shall be one Cat 5 cable to
each drive from the PLC panel. They are to be grouped in Conduit No. 1030, but will
have to branch off to each drive separately at the drives location.
A conformed set of plans and specifications once all Addenda are addressed and bidding is
complete will be issued.
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
2
CO County Email: SwainsonHall @colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
Purchasing
ADDENDUM #5
Memorandum
Date: September 9, 2015
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #5— 15-6506 MPS 303 and 304 Rehab
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
Current Due Date—Thursday, September 10, 2015 at 2:30PM
Updated Due Date—Wednesday, September 16, 2015 at 2:30PM
Note—All questions have been answered. The Question and Answer period for this solicitation is
now complete
Note—There is no change to the Local vendor Preference for this solicitation
If you require additional information please contact me using the above contact information.
c: Wayne Kariovich, Project Manager
(-„, \LA
a\i/
COLLIER COUNTY PUBLIC UTILITIES
MASTER PUMP STATIONS 303 AND 304 REHABILITATION
15-6506 BID SCHEDULE
Bid Item and Description Quantity Each Unit Price Extended Amount
Bid
Section A: Master Pump Station 303 Rehabilitation
1 General Conditions/ LS $ 66,054.00
Mobilization/Demobilization
2 Civil Improvements LS $ 202,125.00
Mechanical Improvements/
3 Installation of Submersible and LS $ 594,613.00
Diesel Pumps
4 Installation of Emergency LS $ 104,471.00
Generator
5 Electrical Improvements LS $ 273,427.00
6 l&C Improvements LS $ 88,057.00
7 Startup and Testing LS $ 4,580.00
8 Allowances for additional work ALLOWANCE $ 125,000.00 $ 125,000.00
as directed by the Owner
SUBTOTAL Section A(Add Items No.1 Through No.8) $ 1,458,327.00
Section B: Master Pump Station 304 Rehabilitation
1 General Conditions/ LS $ 65,261.00
• Mobilization/Demobilization
2 Civil Improvements LS $ 201,146.00
Mechanical Improvements/
3 Installation of Submersible and LS $ 699,135.00
Diesel Pumps
4 Installation of Emergency LS $ 104,699.00
Generator
5 Electrical Improvements LS $ 295,827.00
6 I&C Improvements LS $ 87,594.00
7 Startup and Testing LS $ 4,590.00
8 Allowances for additional work ALLOWANCE $ 125,000.00 $ 125,000.00
as directed by the Owner
SUBTOTAL Section B(Add Items No.1 Through No.8) $ 1,583,252.00
SUBTOTAL Section A $ 1,458,327.00
SUBTOTAL Section B $ 1,583,252.00
TOTAL BID $ 3,041,579.00
BID SCHEDULE
MPS 303 &304 Rehab
Bid No. 15-6506
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: 15-6506 Bid Schedule
13
Construction Services Agreement for Public Utilities:Revised 07012015
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials
outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide
lumber, timber and other forest products produced and manufactured in the State of Florida as
long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may
be requested by completing the Material Manufacturer Exception List below. If an exception for
a manufacturer and/or material is proposed and listed below and is not approved by
Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification.
Acceptance of this form does not constitute acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A(Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as
specifically outlined in the Bid specifications.
Company
Douglas.N H�ggins,:Inc
Signature: Date 8/25/15
Ut
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:. !. Date
14
Construction Services Agreement for Public utilities:Revised 07012015
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major
categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the
major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15
of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the
Contract Documents, including, but not limited to proper licenses, certifications, registrations
and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes
non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the
Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which
is found to be non-compliant with this requirement either before or after the issuance of the
Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned
acknowledges and agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors
subsequently identified for any portion of work on this Project must be qualified as noted above.
Major Category of _ Subcontractor and Address
1lVork':
1. Electrical (��, F SEzcfcs I- tk / esl �t,-•
2. Mechar�isaa "e(-A « Ic ui,-rti Cler di'Ssc- vi Fl,
3. -Plumbing--Elr,,-i,-r(, -P,/ 1111 c `t M fs' 0c. F+. (' �1 Pv-S bl-.
4. -Si t®-Wef y 4 C� k ocl1c�. (c-v rc, � , 0 nApa , _ )
5. .Z 4C. >c.r -re�iricf c{i(s , mums, FL
(o, kti t t Pill s Ff-- A'\16,1,15, r- - r
1
7, P v I V62 L s�� c s CO■1 uc i 11 , /J ies t FL.--
C�?mpany
Douglas N Higgins,Inc K Si nature Date 8/25/15
, .
15
Construction Services Agreement for Public Utilities:Revised 07012015
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last
five years is a judge of its experience, skill and business standing and of its ability to conduct
the work as completely and as rapidly as required under the terms of the Agreement.
Project and Location Reference
1. See Attached
2.
3.
4.
5.
6.
Dated 8/25/15 Douglas N.Higgins, Inc.
Bidder
BY: /y/U)6 iq
16
Construction Services Agreement for Public Utilities:Revised 07012015
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: City County Flow Swap Protect Name: Collier County Justice Center
Muffin Monster
Owner-Address-Proiect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Engineering Collier County Facilities Management Department
3301 East Tamlaml Trail,Building H 3335 Tamlaml Trail E.,Ste.101
Naples,Florida 34112 Naples,Florida 34112
Sandy Sridhar (239)252-8380
Engineer-Address-Phone; Engineer-Address-Phone;
Agnot,Barber and Brundage Q.Grady Minor and Associates,P.A.
7400 Trail Blvd. 3800 Via Del Rey
Naples,Florida 34102 Bonita Springs,Florida 34134
Dominic Amico David Schmitt
239-947-1144
Contract Date: July 27,2009 Contract Date: March 11,2009
Final Contract Amount: $132,794.26 Final Contract Amount: $141,568.41
Completion Date: September 9,2009 Completion Date: August 7,2009
Protect Description: Protect Description:
Installation of force main,MOV's and valve vaults to two Construction of grinder pump station(vault),installation of
locations which would allow bypass from Collier County muffin monster(grinder/auger assembly),new sanitary sewer
to the City of Naples. and manholes. Replacement of the existing sanitary sewer
with a new 12-Inch main and a high water alarm system.
Protect Name: Pump Station S-6 Gearbox Replacement Protect Name: Cove Stormwater Pump Station Imp.
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
South Florida Water Management District City of Naples
2101 Centrepark West Drive,Suite 110 Department of Streets and Stormwater
West Palm Beach,Florida 33409 295 Riverside Circle
Gerard Flynn Naples,Florida 34102
Gregg Slrakaluse,P.E.(gstrakaluse @naplesgov.com)
(239)213-5003
Engineer-Address-Phone: Engineer-Address-Phone:
South Florida Water Management District AECOM
3301 Gun Club Road 4415 Metro Parkway,Ste.404
West Palm Beach,Florida 33408 Fort Myers,Florida 33916
Michael Wares Ronald Cavalieri,P.E.
(239)278-7996
Ronald.Cavalieri@aecom.com
Contract Date: December 3,2009 Contract Date: 2/4/09 Award,3/16/09 NTP
Final Contract Amount: $2,191,945.00 Final Contract Amount: $2,798,870.00
Completion Dale: May 2010 Completion Date: 3/22/10
Protect Description:
New high capacity vertical turbine pumps. Large,below grade
concrete structure that require sheeting and dewatering.
installed control gates and trash rakes. Extensive electrical
and controls work.
Protect Name: Master Pump Station 305 Rehabilitation Protect Name Water Reuse Piping Modifications/Reuse
System Upgrade
Owner-Address-Protect Manager
Collier County Owner-Address-Protect Manager-Phone:
Public Utilities Engineering Department City of Marco Island
3301 Tamiaml Trail East,Building H Public Utilities
Naples,Florida 34112 50 Bald Eagle Drive
Sandy Sridhar Marco island,Florida 34145
Bruce Weinstein
Engineer-Address: 239-389-5000
Q.Grady Minor and Associates,P.A.
3800 Via Del Rey Engineer.
Bonita Springs,Florida 34134 Metcalf and Eddy
David Schmitt
Contract Date: February 10,2008
Contract Date: August 11,2008 Final Contract Amount: $649,171.67
Final Contract Amount: $444,000.00 Completion Dale: November 2008
Completion Date: January 16,2009
Protect Description: protect Description:
Fully rehab 2300 GPM Master Pump Station Rehab 500,000 Gallon Tank and convert potable water facility
to reuse storage facility
S:\Naples Files\Shared Files\Experience Statement 12 1 14.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
protect Name: CAT Operations&Administration Center Protect Name: San Marco Master Lift Station
Pump Station and Force Main Connection
Owner-Address-Proiecl Manaoer-Phone:
Owner-Address-Protect Manager: City of Marco Island
Collier County Public Works
Alternative Transporation Division 50 Bald Eagle Drive
2885 South Horseshoe Drive Marco Island,Florida 34145
Naples,Florida 34104 Timothy E.Pinter,P.E.
Sue Faulkner
Engineer-Address-Phone:
Engineer:
Q.Grady Minor
3800 Via Del Rey
Bonita Springs,Florida 34134 Contract Dale: January 2,2008
Final Contract Amount: $833,615.61
Contract Date: February 14,2008 Completion Date:
Final Contract Amount; $133,673.04
Completion Date: May 1,2008
Protect Description: Protect Description:
Installation of 14-inch force main,pump station and valve Construct new 800 GPM Master Lift Station
vault to existing CAT Operations Building.
Protect Name: Irrigation Quality Water Project Protect Name: Golden Gate WWTP and Injection Pump
Station
Owner-Address-Proiecl Manager,
Collier County
Facilities Management Owner-Address-Protect Manager-Phone:
3301 Tamiaml Trail East,Building W Florida Governmental Utility Authority
Naples,Florida 34112 11985 Collier Blvd.,Ste.7
Damon Gonzales Golden Gale,FL 34118
(239)455-1583
Engineer-Address-Phone: Engineer-Address-Phone:
Anchor Engineering Arcadis
2092 Old Arbor Ct.
Contract Date: March 14,2007 Sarasota,FL 34232
Final Contract Amount: $1,213,474.52 813-335-1799
Completion Date: January 15,2008
Contract Date: August 17,2008
Final Contract Amount: $2,621,907.78
Completion Date: July 13,2009
Protect Description;
Expansion of Golden Gate WWTP which included the
construction of a new digester,chlorine contact tank and
injection well pump station,modification of clarifiers#1 and#2,
installation of surge and annular pressure tanks and
appurtenances.
Proiecl Name: Treeline Master Pump Station Protect Name: PS S-127 and S-133
Pump Refurbishment and Bearing Replace.
Owner-Address-Protect Manager-Phone: Owner-Address-Prolect Manager-Phone:
City of Fort Myers South Florida Water Management District
2200 Second Street 2101 Centrepark West Drive,Suite 110
Fort Myers,Florida 33902 West Palm Beach,Florida 33409
Eliana Hayes,E.I. Mike Curley
(239)332-6318
Engineer-Address-Phone: Engineer-Address-Phone:
Johnson Engineering,Inc. South Florida Water Management District
2122 Johnson Street 3301 Gun Club Road
Fort Myers,Florida 33920 West Palm Beach,Florida 33406
David Trouteaud Teri Swartz
(239)334-0046
Contract Date: July 1,2008 Contract Date; Apr1110,2008
Final Contract Amount: $1,043,805.00 Final Contract Amount: $3,947,723.00
Completion Date: February,2009 Completion Date: July 2010
Protect Description:
Installation of a master pump station located along Treeline
Avenue. The project entailed a Jack and bore under Treeline
Avenue to connect to the existing force main and
construction of a 20 fool deep master pump station. A 400 KW
generator and odor control unit were also installed.
S:\Naples Flies\Shared Flies\Experience Statement 12 114.xisx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: Gateway Triangle Storrnwater improvements Protect Name: Marco Island North Barfield&
North Marco Sanitary Sewer District
Owner-Address-Protect Manager-Phone;
Collier County Owner-Address-Protect Manager-Phone:
Stormwater Department City of Marco Island
2885 Horseshoe Drive 50 Bald Eagle Drive
Naples,Florida 34104 Marco Island,FL 34145
Shane Cox 239-252-8192 Mr.James Miller
239-389-5011
Engineer-Address:
HDR,Inc. Engineer-Address-Phone:
200 West Forsyth Street Bolye Engineering
Jacksonville,Florida 32202 4415 Metro Parkway,Suite 104
Laura Phillips Fort Myers,FL 33916
Fred Mitti
Contract Date: November 5,2007 239-278-7996
Final Contract Amount; $1,021,336.78
Completion Date; July 28,2008 Contract Date: March 1,2007
Protect Description:
Stormwater Improvements to existing area-excavation of Final Contract Amount: North Marco $4,644,806.99
approximately 34,000 Cy of dirt and grading to form three North Barfield $7,270,729.37
continuous ponds. Installation of box culverts,sheet piling, Completion Date: North Marco May 11,2008
concrete ditch pavement and storm drainage structures. North Barfield March 24,2008
Prolecl Description:
New gravity sewer for over 4 miles(23,540 LF)of an existing residental
neighborhood.Sewer was up to 14 feet deep and needed formal dewalering.
Also Included laterals,cieanouts,transmission main,lorcemain,lift stations,
and roadway Covet.-Concurronoy we built the N.Marco Sewer Dist.With
an additional 16,685 LF of gravity sewer.
Protect Name: NCWRF MLE Bleach Project Protect Name: Rehabilitation of Master Pump Station 316
Phase 2,Mechanical
Owner-Address-Protect Manager: Owner-Address-Protect Manager.
Collier County Collier County
Public Utilities Engineering Department Public Utilities Engineering Department
3301 Tamiami Trail,East,Building H 3301 Tamlami Trail East,Building H
Naples,Florida 34112 Naples,Florida 34112
Dianna Duerl Sandy Sridhar
Engineer-Address-Phone: Engineer-Address-Phone:
Hole Monies Q.Grady Minor&Associates
950 Encore Way 3800 Vla Del Rey
Naples,Florida 34110 Bonita Springs,Florida 34134
Jerry Taricska 239-254-2000 David Schmitt
239-947-1144
Contract Date: September 17,2007 Contract Date: November 16,2007
Final Contract Amount: $336,412.49 Final Contract Amount: $765,823.34
Completion Date: June 17,2008 Completion Dale: June 3,2008
Protect Description: Protect Descriptiog:
Bleach piping modifications to chlorine contact chambers Full rehab 800 GPM Master Pump Station
and modification of pump skids to have redundancy in
bleach feed system.
Protect Name: Rehabilitation of Master Pump Station 318 Protect Name: NCRWTP Chemical Labalory
Ventilation Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone: .
Collier County Collier County
Public Utilities Engineering Department Public Utilities Engineering Department
3301 Tamiami Trail East,Building H 3301 Tamiami Trail East,Building H
Naples,Florida 34112 Naples,Florida 34112
Sandy Sridhar Tom Chmelik
239-732-2575
Engineer-Address-Phone: Engineer-Address-Phone:
Q.Grady Minor&Associates TLC Engineering
3800 Via Del Rey 1400 Colonial Boulevard,Suite 203
Bonita Springs,Florida 34134 Fort Myers,Florida 33907
David Schmitt Nicholas L.Mancuso
239-947-1144 239-275-4240
Contract Date: October 9,2007 Contract Date: March 13,2007
Final Contract Amount: $789,070.59 Final Contract Amount: $749,367.87
Completion Dale: June 10,2008 Completion Dale: November 30,2008
Protect Description: Protect Description:
Fully rehab 3000 GPM Master Pump Station Replace complete HVAC system including air handler,
ductwork,exhaust fans,condenser and rehab fume hoods
5:\Naples Files\Shared Files\Experience Statement 12 1 14.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: SCWTP Rehab Reactor#1 Protect Name: Master Pump Station 302 Rehabilitation
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Planning Collier County Public Utilities Planning
&Project Management &Project Management
3301 East Tamiami Trail 3301 East Tamlaml Trail
Naples,FL 34112 Naples,FL 34112
(239)252-4218 (239)252-4218
Engineer-Address-Phone: Engineer-Address-Phone:
N/A Q.Grady Minor&Associates,P.A.
David Schmitt
3800 Via Del Ray
Bonita Springs,FL 34134
Contract Date: July 28,2009 Contract Date: November 10,2008
Final Contract Amount: $97,400.00 Final Contract Amount: $2,011,347.57
Completion Date: December 3,2009 Completion Date: April 30,2010
Protect Description:
Rehabilitation of Pump Station 302
Complete Tear out of existing pumps and piping. Installed 8
new 100 HP pumps and associated 30"piping. Bypassed
sanitary pump station with a 30,000 GPM bypass system In
in extreme tight conditions.
Protect Name: Magnolia Pond Drive Stormwater Improvements Protect Name: Year 4 Sewer Districts Wastewater Lift
Stations-Phase One and Two
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Stormwater Dept. Marco Island Utilities
2885 S.Horseshoe Drive 50 Bald Eagle Drive
Naples,FL 34104 Marco Island,FL 34145
Val Prince James Miller,Public Works
(239)252-5879 (239)394-3880
Engineer-Address-Phone: Engineer-Address-Phone:
Q.Grady Minor&Associates Boyle Engineering Corp.
3800 Via Del Rey 4415 Metro Pkwy.,Ste.404
Bonita Springs,FL 34134 Ft.Myers,FL 33916
David Schmitt,P.E. (239)278-7996
(239)947-1144
Contract Date: June 29,2009 Contract Date: May 20,2008
Final Contract Amount: $86,775.00 Final Contract Amount: $1,777,185.54
Completion Date: October 2,2009 Completion Date: April 23,2010
Protect Description:
Installation of 18 precast concrete wet wells from 15 to 20 feet
deep In existing residential neighborhoods.Installed valve
vaults,master manholes,hatch covers&12 Inch sanitary sewer
from master manholes to wet well for 19 lift stations.
Protect Name: Master Pump Station 10t improvements Protect Name: Port of the Islands Mechanical&Electrical
Work at Water Well No.3
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Port of the Island Community Improvement
3301 E.Tamiami Trail,Bldg.H District
•Naples,FL 34112
(239)252-4285
Engineer-Address-Phone: Engineer-Address-Phone:
Agnolt,Barber&Brundage,Inc. Hole Monies,Inc.
7400 Tamiami Trail N.,Ste.200 950 Encore Way
Naples,FL 34108 Naples,FL 34110
(239)597-3111 (239)254-2000
Contract Dale: November 30,2009 Contract Dale: December 21,2009
Final Contract Amount: $147,534.62 Final Contract Amount: $169,398.99
Completion Date: August 6,2010 Completion Dale: June 2,2010
Protect Description: Protect Description:
install forcemain and generator at MPS 101 Mechanical&Electrical work associated with new water well
No.3,including new well pump,control valve,flow meter
and telemetry connection to well No.3 system.
S:\Naples Files\Shared Files\Experience Statement 12 114xisx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: Mackle Park Phase 3(A)Improvements Protect Name: Isle of Capri-Phase I Water Main
Improvements
Owner-Address-Project Manager-Phone: Owner-Address-Protect Manager-Phone:
City of Marco Island Colter County Public Utilities
50 Bald Eagle Drive 3301 Tamiami Trail East
Marco island,FL 34145 Naples,FL 34112
Diana Duerl
239-252-4218
Engineer-Address-Phone Englneer-Address-Phone:
American Engineering Consultants of Marco Island,Inc. David Schmitt,P.E.
573 Bald Eagle Drive Q.Grady Minor
Marco island,FL 34145 3800 Vla Del Rey
(239)394-1697 Bonita Springs,FL 34134
239-947-1144
Contract Date: January 19,2010 Contract Date: April 29,2010
Final Contract Amount: $240,100.00 Final Contract Amount: $906,080.33
Completion Date: April 30,2010 Completion Dale: January 2,2011
Protect Description: Protect Description:
Park renovations to Include: New asphalt walkway around lake,new Installation of new water distribution pipeline that connects to the
bollard lighting,new lake fountain,new poilgon shelter existing 12-Inch water transmission main that goes Into the Isles
of Capri from Collier Blvd. Includes installation of approx.
4500 LF of 12"PVC and 4500 LF of 6"PVC. Work also
involves Installation of new service lines and cross connection
devices at each service location,along with several new fire
hydrants and road restoration.
Protect Name: Wiinlerberry Drive&South Heathwood Drive Protect Name MPS 104 Reclaimed Water Maln Supp
Water Main Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
City of Marco Island Collier County Public Utilities
50 Bald Eagle Drive 3301 E.Tamiami Trail
Marco Island,FL 34145 Naples,FL 34112
Timothy E.Pinter,P.E.,Public Works Director Shanthl Sridhar
239-389-5000 239-252-5345
Engineer-Address-Phone: Engineer-Address-Phone:
AECOM Technical Services,Inc. Greeley and Hansen
4415 Metro Parkway,Suite 404 1567 Hayley Lane,Suite 201
Fort Myers,FL 33916 Fort Myers,FL 33907
Alfred J.Mltti,P.E. Kevin Higginson,P.E.
239-278-7996 239-226-9660
Contract Date: March 4,2010 Contract Date: April 27,2010
Final Contract Amount: $130,881.37 Final Contract Amount $245,908.88
Completion Dale: October 29,2010 Completion Date: January 21,2011
Project Description: Protect Description:
18"Interconnect to existing 36"ductile Iron watermain Construction of Approx,240 LF of 16 Inch and 18 Inch
reclaimed water main and Improvements to a wastewater
pumping station,Including one horizontal directional drill
roadway crossing and all pipe,fittings,appurtenances,valves,
connection to existing reclaimed water main,air release valves,
surface restoration,testing,and placing new reclaimed
water main and pumping station Improvements In service.
S:\Naples Files\Shared Files\Experience Statement 12 1 14.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: Immokalee&Everglades Intersection Improvements Protect Name: Popash Creek Preserve Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Board of Commissioners Lee County Board of County Commissioners
3301 Tamlami Trail East P.O.Box 398
Naples,FL 33412 Fort Myers,FL 33902-0398
Antra Karuna-Muni 239-533-8131
Engineer-Address-Phone; Engineer-Address-Phone;
Collier County TECM T.Y.Lin international
2885 Horseshoe Dr. 2400 First SL,Ste.200
Naples,FL 34109 Fort Myers,FL 33901
Richard While Jr.,P.E.
(239)332-4846
Contract Date: August 2,2010 Contract Date: December 14,2010
Final Contract Amount: $50,108.00 Final Contract Amount: $1,035,426.46
Completion Date: November 8,2010 Completion Date: June 30,2011
Prolecl Description: Protect Description:
Subcontract Agreement with Better Roads,Inc. Work at Popash Creek consisted of construction external
berms on three sides of the 307 acre preserve,constructing
some Internal berms In the South area,lowering the existing
east-west berm(south of the Interceptor ditch),Installing
36"and 48"RCP's,channel excavation as part of Lake 1,
sand cement rip rap Installation,rip rap Installation,sheet
piling,weir gate Installation as well as other misc.storm
Improvements.
Protect Name: North County Water Reclamation Facility Prolecl Name; Lee/Hendry County Construction of
Flow Meter Replacement,Phase 2 Injection Well Surface Facilities
Owner-Address-Protect Manager-Phone; Owner-Address-Protect Manager-Phone:
Collier County Board of County Commissioners Lee County Solid Waste Division
3301 East Tamlami Trail 10500 Buckingham Rd.
Naples,FL 34112 Fort Myers,FL 33905
Claude Nesbitt,Sr.Project Mgr. Keith Howard,Solid Waste
239-252-8380 239-533-8917
Khowardt leeeov.com
Engineer-Address-Phone: Engineer-Address-Phone:
Hole Monies MWH Americas,Inc.
950 Encore Way 14311 Metropolis Ave.,Ste.101
Naples,FL 34110 Fort Myers,FL 33912
239-254-2000 Gordon Kennedy(Gordon.P.Kennedy @us.mwhglobel.com
239-236-0011
Contract Date: May 21,2010 Contract Dale; January 25,2011
Final Contract Amount: $192,994.05 Final Contract Amount: $1,455,900.09
Completion Dale: December 6,2010 Completion Date: November 15,2011
Protect Description: Project Description;
Furnish and install EC Tank Construction of a 2 acre Injectate Storage Pond,Installation of
Furnish and Install OX Ditch double containment HDPE piping for transfer of leachate,
Installation of an Injection well and monitoring well,Installation of an
annular pressure tank fed with nitrogen,installation of
monitoring well pumps,transducers and appurtenances along
with Injectate transfer,self-priming,non-clog,horizontal
pumps. Project also Involved Installation of all associated
electrical and complicated Instrumentation system to cater
for the safe transfer of leachate from various storage ponds
Into the injection well.
S:\Naples Files\Shared Files\Experience Statement 12 114.xisx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Project Name: Lakes Park Water Quality Improvements Project Name: East Naples/Solana Road Pump
Station Improvements
Owner-Address-Project Manager-Phone: Owner-Address-Protect Manager-Phone:
Lee County Board of County Commissioners City of Naples-Public Utilities Division
P.O.Box 398 380 Riverside Circle
Fort Myers,FL 33902-0398 Naples,FL 34102
Anura Karuna-Muni Dave Graff
239-533-8131 239-213-4716
Engineer-Address-Phone; Engineer-Address-Phone:
AIM Engineering&Surveying,Inc. Tetra Tech
5300 Lee Blvd. 201 East Pine Street,Ste.1000
Lehigh Acres,FL 33971 Naples,FL 34102
Lee Flynn,P.E. Jennifer Woodall,P.E.
239-332-4569 407-839-3955
Contract Dale: April 26,2011 Contract Date: March,2010
Final Contract Amount: $487,985.00 Final Contract Amount: $2,500,000.00
Completion Date: October 30,2011 Completion Date; February,2011
Protect Description: Protect Description:
Constructing two additional control structures(CS 4 and 5)to enhance Replacement of high services pumps,installation of electrical
current flow patterns and reduce stagnant zones at the north and south rooms and roof modifications,VFD Installation,600kw
ends of the west lake. The two existing control structures(CS 1 and 5) generator installation as well as other mechanical,structural,
were modified by Installing slide gates to reduce flow through these electrical and Instrumentation improvements at two booster
structures. The project also Involved clearing and grading of four stations.
existing spoil Islands to create littoral shelves by the removal of
exotics and spoil material and the planting of native wetland vegetation.
Protect Name: NCWRF Repair 5 Sludge Presses Protect Name: SCRWTP Chlorination Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Project Manager-Phone:
Collier County Board of County Commissioners Collier County Public Utilities
3301 East Tamlami Trail 3301 E.Tamlami Trail
Naples,FL 34112 Naples,FL 34112
Claude Nesbitt,Sr.Project Mgr. Alicia Abbott,Project Manager
239-252-8380 239-252-5344
Engineer-Address-Phone: Engineer-Address-Phone:
Komline-Sanderson Engineering Corp. Tetra Tech
12 Holland Ave. 201 East Pine Street,Ste.1000
Peapack,NJ 07977-0257 Naples,FL 34102
Steven Lukacs Jennifer Woodall,P.E.
908-234-1000 407-839-3955
Contract Date: July 15,2010 Contract Date; June 17,2011
Final Contract Amount: $143,000.00 Final Contract Amount: $98,831.00
Completion Date: November 14,2011 Completion Date: November 3,2011
Protect Description: Protect Description:
Install sludge presses at 1,2,3,5 and 6 Extend two existing chlorine feed lines and Installed
chlorine residual analyzers.
Project Name: NCWRF Deep Injection Well Mag Meter Replacement Protect Name; (4)8"Gravity Line Segment Replacement
along Vanderbilt Drive
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Collier County Public Utilities
3339 Tamlami Trail E.,Ste.303 3301 Tamlaml Trail E.
Naples,FL 34112 Naples,FL 34112
Craig J.Paler,Project Manager James Salnvilus,Project Manager
239-252-2554 239-252-4285
Engineer-Address-Phone: Engineer-Address-Phone:
N/A N/A
Contract Date: January 10,2011 Contract Date: August 16,2011
Final Contract Amount: $24,526.72 Final Contract Amount: $158,000.00
Completion Dale: September 13,2011 Completion Date: September 23,2011
Protect Description: Protect Description:
Remove and Install NCWRF DIW Magnetic Flow Meters,electrical Four 8"point repairs on Vanderbilt Drive
disconnection and reconnection,provided and installed 24 Inch Mega-
flange
S:\Naples Files\Shared Files\Experience Statement 12 114xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: Wyndemere Country Club Remove/Install 43 Fire Protect Name: NCWRF Compliance Assurance
Hydrants&Valves
Owner-Address-Protect Manager-Phone: Owner-Address-Project Manager-Phone:
Collier County Water Distribution Collier County Public Utilities
4370 Mercantile Ave. 3301 E.Tamlaml Trail
Naples,FL 34104 Naples,FL 34112
Pam Libby Peter Schell,PMP
239-252-6239
Enolneer-Address-Phone: Engineer-Address-Phone:
N/A Hole Monies,Inc.
950 Encore Way
Naples,FL 34110
Clifford Pepper,P.E,
(239)254-2000
Contract Date: September 5,2011 Contract Date: November 6,2009
Final Contract Amount: $98,350.00 Final Contract Amount: $8,683,000.00
Completion Date: November 21,2011 Completion Date: November 23,2011
Project Description: protect Description:
Remove/Install 43 Fire Hydrants&Valves Upgrade to existing odor control system. Installation of 4 new
Remove/Install 3 Inane Valves odor control units. Construction of two HDPE lined wafer
Install 1 new Inline Valves storage ponds. Repairs and reshaping of existing ponds.
Upgrade to existing MLE Aeration basins including fine bubble
diffuser systems,centrifugal blower and odor control covers.
Stormwater upgrades throughout site Including ponds and
swales.
Upgrades and modifications to existing chemical supply systems
Prolect Name: Vanderbilt Beach MSTU,Gulf Shore Drive Utility Prolecl Name: Bella Terra-Replace Existing Irrigation
Relocate Main
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Habitat Lakes LLC
3339 Tamlaml Trail E.,Ste.303 782 NW 42nd Ave.,Ste 630
Naples,FL 34112 Miami,FL 33128
Mark Sunyak,P.E.(Project Manager 305-445-9855
Engineer-Address-Phone: Engineer-Address-Phone:
Malcolm Plmle Banks Engineering
4315 Metro Pkwy,Ste.520 10511 Ben C.Pratt Pkwy.
Ft.Myers,FL 33916 Ft.Myers,FL 33966
239-939-5490
Contract Dale: November 28,2011 Contract Date: December 5,2011
Final Contract Amount: $72,778.50 Final Contract Amount $108,712.18
Completion Dale; January 27,2012 Completion Dale: January 18,2012
Protect Description: Prolect Description:
Relocate,remove/abandonment of specified portions of existing 8 Inch Replace Existing Irrigation Main
asbestos cement water pipe,installation of new 8 Inch PVC water pipe,
connections,fittings,valves,Joint restrains,mechanical fittings and
appurtenances,excavating,pipe bedding/backfilling,grading,sod
installation,dispose of pipe and earth material,roadway and site
restoration.
S:\Naples Flies\Shared Files\Experience Statement 12 1 14xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: Pump Station 312.29&312.41 Refurbishment Protect Name: Hendry County-Construction of CR 78 Phase
1A&1B Drainage Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Hendry County Board of County Comm.
3339 Tamiami Trail E.,Ste.303 P.O.Box 1607
Naples,FL 34112 99 East Cowboy Way
Zamlra Del Toro,Project Mgr. LaBelle,FL 33975
239-252-6279 Shane Parker,PE
(863)675-5222
Engineer-Address-Phone: Engineer-Address-Phone:
Tetra Tech,Inc. Johnson Engineering
10600 Chevrolet Way,Ste.300 251 W.Hlckpochee Ave.
Estero,FL 33928 LaBelle,FL 33935
Danny Nelson,P.E. James.V.Lofton,Jr.
239-390-1467 (863)612-0594
Contract Date: August 23,2011 Contract Date: December 1,2011
Final Contract Amount: $267,222.12 Final Contract Amount: $765,516.97
Completion Date: April 25,2012 Completion Date: July 10,2012
Protect Description: Project Description:
. PS 312.29-Refurbishment of existing PS 312.29 to install new HDPE Remove&Install roadway concrete box culverts and headwalls.
discharge piping,new check end plug valves,new pumps and pH probe. Installed concrete sediment basin&ditch block,steel sheet
Also amended existing electrical control panels to allow for new pile,grade work for slopes and relocation of swales and
components. New curbs,stone,&landscaping Installed. ditches,remove and replace guardrails and asphalt.
PS 312,41-Refurbishment of existing PS 312.41 to Install new HDPE Install pedestrian picket railing,rip-rap,drainage pipe,sod,
discharge piping,check and plug valves,pumps,electrical control panels, signage and striping.
generator with ATS,new telemetry along with new lining In pump station.
Privacy slats were also installed in existing fence along with new stone
landscaping.
Protect Name: Traditions,Golf Residences and Villas at Grey Oaks Protect Name: Michigan Street Sidewalk Project
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
CCC Traditions,LLC City of Bonita Springs
135 San Lorenzo Ave. 9101 Bonita Beach Road
Coral Gables,FL 33146 Bonita Springs,FL 34135
(239)949-6262
David Liccardi
Engineer-Address-Phone: Engineer-Address-Phone:
Peninsula Engineering Lake Hickory Ventures,Inc.
2600 Golden Gate Pkwy. 22210 Fairmont Cl.
Naples,FL 34105 Estero,FL 33928
CJ Brown (239)898-4008
239-262-2600
Contract Dale: January 1,2012 Contract Date: August 15,2012
Final Contract Amount: $363,596.00 Final Contract Amount: $175,734.00
Completion Date: July 13,2012 Completion Date: September 28,2012
Protect Description: Protect Description:
Modification of existing sanitary sewer sysstem from single family Furnish and installed Portland Cement Concrete sidewalk along
home layout to multi-family home layout,new city water system, the west side of Michigan Street from Bonita Beach Road to
modification of existing drainage system. Pennsylvania Ave. Project consisted of 2220 LF of sidewalk,
15",24",and 30"reinforced concrete pipe,mitered end
sections,yard drains,vertical headwal,FDOT approved
railing,tin material,sod,signage,striping,and various
incidental items.
S:\Naples Flies\Shared Files\Experience Statement 12114.xbsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Project Name: Immokalee Stormwater Downtown Improvements Protect Name: Gateway Triangle Residential Area
Tertiary Stormwater System Improvements
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Board of County Commissioners Cotter County Board of County Commissioners
Immokalee Area ERA Bayshore Gateway Triangle CRA
1320 N.15th St. 4069 Bayshore Drive
Immokalee,FL 34142 Naples,FL 34112
Bradley Musket Ashley Caserta
(239)867-4121#202 (239)643-1115
Engineer-Address-Phone: Engineer-Address-Phone:
CDM Smith,Inc. Q.Grady Minor and Assoc.P.A.
2180 West First St.,#400 3800 Via Del Rey
Fort Myers,FL 33901 Bonita Springs,FL 34134
Marc Stonehouse,P.E. David Schmidt
(239)938-9616 (239)947-1144
Contract Date: January 24,2012 Contract Date: March 30,2012
Final Contract Amount: $2,709,797.14 Final Contract Amount: $1,731,977.00
Completion Date: December 20,2012 Completion Date: February,2013
Protect Description: prolect Description:
Constructed 7.6 acre retention pond and approximately 16,500 LF of Thls project was designed to reduce known flooding In the
RCP storm sewer ranging In size between 18 and 42 Inches. The work Gateway Triangle. Removal of existing culverts,mitered ends
was completed In a semi-urban part of Immokalee,FL and also included and driveways,Installation of over 10,000 LF of culvert pipe,
262 LF of 4 x 6 box culvert parallel to and under an existing road, over 400 mitered ends,300 driveways,regrading/realignment
of grass swales and pavement overlay of disturbed areas.
Protect Name: Irrigation Quality Water Sites-Priority Group 2 Sites protect Name; NCWRF Multiple Projects-Bleach Piping,
Knife Gate Valves,Channel Mixers,Clarifiers,
Potable Water Interconnect
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone;
Collier County Public Utilities Collier County Public Utilities
3339 Tamlami Trail E.,Ste.303 3339 Tamlaml Trail E.,Ste.303
Naples,FL 34112 Naples,FL 34112
Aaron Cromer,PMP Craig Pajer,Project Manager
(239)252-5338 (239)252-2554
Engineer-Address-Phone: Engineer-Address-Phone:
Hole Monies,Inc. Hole Monies,Inc.
950 Encore Way 950 Encore Way
Naples,FL 34110 Naples,FL 34110
Frank Feeney,P.E. Jerry Taricska
(239)254-2000 (239)254-2000
Contract Date: January 24,2012 Contract Date: July 21,2011
Final Contract Amount; $515,474.13 Final Contract Amount: $457,031.30
Completion Date; February 13,2013 Completion Date: June 21,2013
Protect Description: Protect Description:
Allow Improved control and monitoring of IQ Water usage at Tarpon Cove, Bleach Piping-Remove,replace and paint 1 1/2",2"&3"PVC
Calusa Bay,Veteran's Park and Vineyards Elementary School Properties. bleach piping and valves at the North Bleach Facility
Installation of 4 meter assemblies comprised of an MOV,electromagnetic Knife Gale Valves-Remove 3 existing 30"knife gate valves at
flowmeter,flow control valve and all associated power and controls the mixed liquor splitter box and repice with 3-30"plug valves
hardware and software. Channel Mixers-Remve 4 existing the mixers and replace with
4 Ihp vertical solid shaft right angle mixers located In the MLE
Aeration Basin influent channel.
Potable Water Interconnect-Install 8"&4"ductile piping,valves
and backflow preventer to connect the BFP Booster Pump at
the Sludge Handling Building to the potable water system.
Clarifiers 6&7-Remove and replace drive systems,rebuild
center columns,replace seals,repair,replace and coat
corroded metal,piping and valves.
S:\Naples Files\Shared Flies\Experience Statement 12 114.xisz
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: City of Naples-WWTP Filter Rehab. Protect Name: NCWRF Filter Set 1 Rehabilitation
Job No.862-13 Job No.657-12
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
City of Naples-Public Utilities Collier County Public Utilities
380 Riverside Cir. 3339 Tamiami Trail E.,Ste.303
Naples,FL 34102 Naples,FL 34112
Justin Frederiksen,P.E. Wayne Karlovlch,P.E.
239-213-4762 (239)252-5372
Engineer-Address-Phone: Engineer-Address-Phone:
Aqua-Aerobic Systems,Inc. Hole Monies,Inc.
950 Encore Way
Naples,FL 34110
Frank Feeney,P.E.
(239)254-2000
Contract Date: February 6,2013 Contract Date: June 26,2012
Final Contract Amount: $454,916.00 Final Contract Amount; $1,455,517.97
Completion Date: August 22,2013 Completion Date; June 26,2013
Prolect Description: Protect Description:
This project was comprised of the complete rehabilitation of two(2) Complete Removal of four sand bed automatic backwash
90'x 16'automatic backwash fillers,Including removal and replacement filter systems. Structural improvements to load bearing concrete
of all existing media,porour plates,caulking and retaining angles. walls,resurfacing of Interior filter walls,and installation of four
Also included was removal and replacement of the filter bridge rails new automatic backwash filter systems including underdrains,
and UHMW backwash shoe on each system. Some incidentlal concrete media,and mechanical equipment.
patching was performed,as well as full startup and performance testing.
Protect Name: Southwest Florida International Airport prolect Name: MPS 318-RIght-of-Way Taking
Midfield Terminal Apron Expansion&Taxiway Job No.918-13
Job No.995-12
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Lee County Port Authority Collier County Public Utilities
do Manhattan Construction(Florida),Inc. 3339 Tamlaml Trail E.,Ste.303
3705-1 Westvlew Dr. Naples,FL 34112
Naples,FL 34104 Wayne Karlovlch,P.E.
Hector Yanez,Project Mgr. (239)252-5372
239-843-6000
Englneer-Address-Phone: Englneer-Address-Phone:
AECOM Transportation Johnson Engineering
4415 Metro Pkwy.,Ste.404 2350 Stanford Ct.
Fort Myers,FL 33916 Naples,FL 34112
(239)434-0333
239-278-7996 Jared Brown
Contract Date: June 25,2012 Contract Date; September 9,2013
Final Contract Amount: $2,732,733.48 Final Contract Amount: $182,818.23
Completion Date: February 11,2014 Completion Date: May 6,2014
Protect Description: Protect Description:
Construction of storm water Infrastructure Improvements within the Demolition of Retaining walls,fence,and other site Imp.
SW Fla.Internation Airport newly expanded taxiway and terminal areas. Reconstruction of the demolished improvements.
Work consisted of Installing cast-In-place and precast storm structures, Rehab.Of pump station,replace ductile Iron pipe with HDPE,
approximately 5700 LF of RCP ranging In size from 30"to 72"x 113" abandoning the valve vaults&reconfigure the meter/bypass
(2200 LF of which Is large diameter),and Implements dewatering systems assembly. Landscape&irrigation replacement.
to enable construction of work in dry soli conditions.
S:\Naples Files\Shared Flies\Experience Statement 12 114.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Prolecl Name: Pinewoods&Naples Bath&Tennis Water System Protect Name: Master Pump Station 312 Rehabilitation
Improvements Job No.912-13
Job No. 725-14
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
City of Naples-Utilities Department Collier County Public Utilities
380 Riverside Dr. 3339 Tamiami Trail E.,Ste.303
Naples,FL 34102 Naples,FL 34112
David Graff Peter Schell
(239)213-4716 (239)252-5343
dgreff @napieseov.com PeterSchalt @collieraov.net
Engineer-Address-Phone: Engineer-Address-Phone:
City of Naples-Utilities Department Agnoll,Barber&Brundage,Inc.
380 Riverside Dr. 7400 Tamlaml Trail N.,Ste.200
Naples,FL 34102 Naples,FL 34108
(239)597-3111
Steve Martin,P.E.(Martin @abbinc.com)
Contract Date: July 8,2014 Contract Date: February 12,2013
Final Contract Amount: $81,016.00 Final Contract Amount: $5,752,145.14
Completion Date: October 31,2014 Completion Date: March 6,2014
Protect Description: protect Description:
Install 8"hot laps with valves,Install approx.165 ft.of 8"C900 PVC, Complete rehabilitation of wetwell&control building,
directional drill&pull in 10"DR 9 pipe and 10"HDPE pipe,6"hot tap Including installation of bloscrubber In series with existing
with valves,transition connect 10"HDPE to 6"tap and 8"PVC,flush odor control equipment. Work Included 6 new sewage pump
pressure test and restore. Asphalt repair. Installations,extensive electrical and controls work,dewatering,
fencing,sitework,etc.
Protect Name: Thomasson Drive 24 Inch Force Main Protect Name: WWTP Supplemental Water Line
Job No.924-14 Job 720-14
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities City of Naples-Public Utilities
3339 Tamiami Trail E.,Ste.303 380 Riverside Cir.
Naples,FL 34112 Naples,FL 34102
(239)252-5372 Justin Frederlksen,P.E.
Wayne Karlovich,P.E. 239-2134762
tvaynekarlovich @coitlergov.net Irrederlksen @napleseov.com
Engineer-Address-Phone: Engineer-Address-Phone:
Johnson Engineering City of Naples-Utilities Department
2122 Johnson St.,P.O.Box 1550 380 Riverside Cir.
Ft.Myers,FL 33902-1550 Naples,FL 34102
Michael Dickey,P.E. Justin Frederiksen,P.E.
Insd@lohnsoneog.com Ifrederiksen @napleseov.COm
Contract Date: April 29,2014 Contract Date: June 6,2014
Final Contract Amount: $174,390.00 Final Contract Amount; $99,126.00
Completion Dale: July 22,2014 Completion Date: September 16,2014
Protect Description: Protect Description:
Approximately 2100 LF of 24 Inch force main,plug valves,fittings and Installation of a supplemental water line to the City's VVVVTP
appurtenances. The force main was Installed In and around heavy effluent transfer station. Hot tapping an existing 6"CI water line
existing utilities. Included in the project was 2 road crossings that were east of the City's Equipment Services Facility;meter/backfow
open cut and 42 Inch steel casings utilized. assembly,pipeline through plant,discharge assembly,valves,
fittings,approx.615 LF of 6"DI pipe,approx.168'of 4"DI
pipeline,fittings,hardware,restoration of drives/roads,sod.
Protect Name: MPS 306 Force Main-Phase 1 Protect Name: LASIP Davis Blvd.Canal Improvements
Job No.740-14 Job No.900-13
Owner -Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone;
Collier County Public Utilities Collier County Growth Mgmt.Division
3339 Tamiami Trail E.,Ste.303 2865 South Horseshoe Drive
Naples,FL 34112 Naples,FL 34104
(239)252-5372 (239)252-2885
Wayne Kariovich,P.E. Tad Pluc,Project Mgr.
waynekarlovlch@coillergov.net tadpiuc @colliereov.net
Engineer-Address-Phone: Engineer-Address-Phone:
AECOM Technical Services,Inc. CDM Smith
4415 Metro Pkwy.,Ste.404 12501 World Plaza Ln.,Bldg.51
Ft.Myers,FL 33916 Ft.Myers,FL 33907
(239)278-7996 (239)938-9600
Donovan S.Bramlett,P.E. Jane Wllllams,P.E.
Contract Date' March 24,2014 Contract Date: January 7,2014
Final Contract Amount: $626,089.00 Final Contract Amount: $1,727,214.43
Completion Date: July 31,2014 Completion Date: September 23,2014
Protect Description: Protect Description:
Directional drilling 2 runs of 30"HDPE force main,900'&1100'lied Regrading 8,400 If of the Davis Blvd.Canal. Reestablishing
together with a 30"plug valve,open cut 300'of 30"ductile Iron force main, control and repairing erosion along the entire length was a
connect to HDPE directional drill with a 30"plug valve,conned entire priority on this job. Extremely hard rock was encountered
line to existing force main. throughout most of the project. A cast in place control weir was
built by our forces in coordination with the County&the SFWMD.
S:\Naples Files\Shared Flies\Experience Statement 12 1 14.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Protect Name: SCWRF Odor Control Slowdown Disposal Protect Name: ARV Replacement Program-Phase II
Job No.750-13 Job No.890-13
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone;
Collier County Public Utilities Collier County Public Utilities
3339 Tamiami Trail E.,Ste.303 3339 Tamlami Trail E.,Ste.303
Naples,FL 34112 Naples,FL 34112
(239)252-5344 (239)252-4233
Alicia Abbott,PM Conine Trian,Project Manager
AliclaAbott@colllergov.net CorrineTrtan @colllergov.net
Engineer-Address-Phone: Engineer-Address-Phone:
CPH Corp. AECOM
5601 Mariner St,Ste.240 4415 Metro Pkwy.,Ste.404
Tampa,FL 33609 Fl.Myers,FL 33916
(813)288-0433 (239)278-7996
W.Wade Wood,P.E. Dustin Chisum,El
Contract Dale: November 14,2013 Contract Date; June 25,2013
Final Contract Amount: $352,625.51 Final Contract Amount: $322,790.00
Completion Date: August 14,2014 Completion Date: August 14,2014
Protect Description: protect Description:
Install new duplex pump station Including an 8x10 precast wetwell, Remove&replace over a hundred air release valves on various
2-3hp submersible pumps,control panel,electromagnetic flow meter, existing force main lines. Most of the replacements increased
ph meter&PLC to provide ph control of effluent.200 ft of 3"force main the size of the air release valve from a two to a three inch.
was installed to route pump station discharge to the deep injection well.
a bypass to the sanitary sewer system is provided as an alternate
discharge location.
Protect Name: Swallow Ave.Drainage-Phase II Protect Name: J&C Blvd Roadway Improvements
Job No.790-14 Job No.940-13
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
City of Marco Island Collier County Transporation Eng.Dept.
50 Bald Eagle Dr. 2885 South Horseshoe Dr.
Marco island,FL 34145 Naples,FL 34104
Timothy Pinter,P.E. Julio Ordonez
(239)389-5018 (239)252-5762
Tpinter @cltvofmarcolsland.com iulloordonesPcolliergov.net
Engineer-Address-Phone: Engineer-Address-Phone:
AEC of Marco Island,Inc. Agnoti,Barber and Brundage,Inc.
573 Bald Eagle Dr. 7400 Trail Blvd.#200
Marco Island,FL 34145 Naples,FL 34108
(239)394-1697 Edward F.Tryka III,P.E.
(239)597-3111
Contract Date: June 10,2014 Contract Date: February 11,2014
Final Contract Amount: $541,087.00 Final Contract Amount: $1,460,479.30
Completion Date: September 27,2014 Completion Date: September 30,2014
Protect Description: Protect Description:
Install of 2 large structures and large diameter storm drain pipe systems Project consisted of drainage Improvements,excavating existing
from an existing outfall. Approximately 505 LF of reinforced concrete CMP and replacing with 5,080 ft of new RCP Pipe. Extensive
pipe and 820 LF of smooth wall HDPE pipe. Misc.storm drain inlets swale grading and the addition of 129 Catch Basin structures,
and minor utility work and swale grading(approx.400 LF). Sod In addition the road was widened In both directions ranging In
replacement and misc.restoration 2-4 ft then finished with a 1"overlay with new stgnage and
striping,replaced driveways and sod.
Protect Name: SCWRF Proposed 30"&24"Force Main Phase I Protect Name: Golden Gate City Stormwater Drainage
and MPS 306 Force Main Phase Ili improvements
Job No.745-14 Job No.795-14
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities Collier County Growth Mgmt.Div.
3339 Tamiaml Trail E.,Ste.303 2885 S.Horseshoe Dr.
Naples,FL 34112 Naples,FL 34104
Wayne Karlovich,P.E. Tad Pluc,inspector
(239)252-6372 (239)252-5799
WavneKarlovlch @colllergov.net TadPluc @co111er5ov.net
Engineer-Address-Phone; Engineer-Address-Phone:
Hole Monies,Inc. O.Grady Minor&Associates
950 Encore Way 3800 Via Del Rey
Naples,FL 34110 Bonita Springs,FL 34134
David Schmitt,P.E. Brent Addison,P.E.
(239)252-2000 (239)947-1144
Contract Date: June 13,2014 Contract Date: October 28,2014
Final Contract Amount: $410,877.33 Final Contract Amount: $525,316.23
Completion Date: November 26,2014 Completion Date: March 11,2015
Protect Description: Protect Description;
Install one(1)30"diameter HDPE x 400'horizontal directional drill force Drainage and Sidewalk Improvements-Remove and replace
main and one(1)30"diameter HDPE x 600'horizontal directional drill existing drainage structures and culverts;Install new drainage
with 200'of ductile Iron force main, Includes all valves,appurtenances structures and culverts in driveways,pavement and sidewalk
and restoration patching,swale regrading and misc,site restoration
5:\Naples Files\Shared Files\Experience Statement 12 1 14.xlsx
EXPERIENCE STATEMENT-SOUTHWEST DIVISION
Prolect Name: Royal Harbor Water System Improvements-Phase I Protect Name: Everglades City Water System Upgrade
Phase II
Job No.800-14 Job No.825-13
Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone;
City of Naples-Utilities Dept. City of Everglades City
380 Riverside Cir. 102 Copeland Ave.
Naples,FL 34102 Everglades City,FL 34139
Allyson Holland,Deputy Director Mayor Sammy Hamilton,Jr.
(239)213-4713 (239)695-3781
pmkollang@nanIeskov.com
Engineer-Address-Phone: Engineer-Address-Phone:
Tetra Tech,Inc. American Engineering Consultants
10800 Chevrolet Way,Ste.300 573 Bald Eagle Dr.
Estero,FL 33928 Marco Island,FL 34145
Brett Messner,P.E. Rony Joel,P.E.
(239)390-1467 (239)394-1697
Contract Date: May 21,2014 Contract Date: May 28,2013
Final Contract Amount: $2,072,961.00 Final Contract Amount: $2,534,189.05
Completion Date: March 27,2015 Completion Date: January 14,2015
Protect Description: Prolect Description:
Replace 14,700 LF of asbestos cement water mains with 4 Inch and 8 Installation of a new membrane filtration system housed In a
inch PVC water main,(2)10 Inch HDPE directional drills underneath new structure,upgraded transfer pumps,chemical systems,
the Intercoastal canal to"loop"the system. Installation of 950 LF of 4 standby generator and associated instrumentation and electrical
inch PVC force main to replace deteriorating discharge force main from supply. Installed a new force main to the Copeland Lift Station;
the City's Lift Station and approx.290 LF of 12 Inch corrugated PVC upgraded the Carnestown&Copeland Lift Stations;upgraded
storm drain piping. water pumps&replaced existing PS roof at booster station.
Protect Name: Livingston Road IQ Water ASR System Well Protect Name: WTP Hand/Guardrail Replacement
Below the USDW-Phase 2 Job No.730-14
Job No.1000-13
Owner-Address-Prolect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities City of Naples-Utilities Dept.
3339 Tamlami Trail E.,Ste.303 380 Riverside Cir.
Naples,FL 34112 Naples,FL 34102
Zamira DelToro,PM David Graff,PM
(239)252-6279 239-213-4716
Zamiradettoro@colllereov.net deraff@naplesgov.com
Engineer-Address-Phone: Engineer-Address-Phone:
CDM Smith City of Naples-Utilities Dept.
2180 W.First St.,Ste.400 380 Riverside Cir.
Ft.Myers,FL 33901 Naples,FL 34102
Jason Sclandra,P.E. David Graff,PM
(239)938-9600 239-213-4716
Contract Date: December 11,2013 Contract Date: October 29,2014
Final Contract Amount: $2,551,180.45 Final Contract Amount: $64,729.00
Completion Date: January 30,2015 Completion Date: February 4,2015
Protect Description: Protect Description:
Drilling&lasting of new Class V Group Three ASR injection well system, Removal of sub-standard Hand/Guardrail Systems In three areas
designated ASR-2. Construction of ASR Pipeline. Installation of above of the Water Treatment Plant with new aluminium Hand/Guardrall
ground mechanical piping and valves,electrical equipment and control Systems meeting OSHA Standards
equipment removed to provide space for the required well drill equip.
Perform all associated misc.work,restoration and cleanup.
Protect Name: Hitching Post Force Main Improvements Protect Name:
Job No.1425-15
Owner-Address-Prolect Manager-Phone: Owner-Address-Protect Manager-Phone:
Collier County Public Utilities
3339 Tamlami Trail E.,Suite 303
Naples,FL 34112
Gary Buller,SPM
gars butter @collf ere ov,net
(239)252-5377
Engineer-Address-Phone; Engineer-Address-Phone:
Johnson Engineering,Inc.
2122 Johnson St.,P.O.Box 1550
Fort Myers,FL 33902
Michael Dickey,P.E.
mad @iohn sonenx.com
(239)461-2455
Contract Date: March 31,2015 Contract Date:
Final Contract Amount: $174,913.00 Final Contract Amount:
Completion Date: July 1,2015 Completion Date:
Protect Description: Protect Description:
Install 8 inch Wastewater Forcemaln Pipelines,Valves,Air Release
Valves and connect to existing system,Jack and bore crossings,backfill,
bedding,(towable fill,pavement and restoration,Bushing&pressure
testing. County supplied material.
5:\Naples Flles\Shared Film\Experience Statement 12 114xlsx
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder
further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (LF,SY)
1. 0 . LP 4 J.0"0
2. In 9 41'1" I LP o 4 I. (000.00
3.
4.
5.
TOTAL$ ?..CD,00
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 8/25/15 Douglas N.Higgins, Inc.
Bidder /�
BY: , VI (k)LLW
17
Construction Services Agreement for Public Utilities:Revised 07012015
rmcummem e.rnces umsion
COLLIER COUNTY SOLICITATIONS 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) require 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 Douglas N.Higgins,Inc.
(as shown on income tax return)
Business Name same
(if different from taxpayer name)
Address 3390 Travis Pointe Rd.,Ste.A City Ann Arbor
State Michigan Zip 48108
Telephone 734-996-9500 FAX 734-996-8480 Email DanH@dnhiggins.com
Order Information Remit/Payment Information
Address 4485 Enterprise Ave. Address 4485 Enterprise Ave.
City Naples State FL Zip 34104 City Naples State FL Zip 34104
FAX 239-774-4266 FAX 239-774-4266
Email BrandyB @ydnhiggins.com Email BrandyBta dnhiggins.com
2. Company Status(check only one)
_Individual/Sole Proprietor X Corporation ,_Partnership
_Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) C Enter the tax classification
(D=Disregarded Entity, C=Corporation,P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN) 38-1807765
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature plobla 'w1)-11 L' Date 8/25/15
Title Vice President Phone Number 239-774-3130
19
Construction Services Agreement for Public Utilities:Revised 07012015
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within Four Hundred and Fifty (450) consecutive calendar days, computed
by excluding the commencement date and including the last day of such period, and to be fully
completed to the point of final acceptance by the Owner within Ninety (90) consecutive
calendar days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Respectfully Submitted:
State of Michigan
County of Washtenaw
Kelly A.Wilkie , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
Kelly A.Wilkie also deposes and says that it
has examined and carefully prepared its Bid from the Bidding Documents, including the
Contract Drawings and Specifications and has checked the same in detail before submitting this
Bid; that the statements contained herein are true and correct.
•
20
Construction Services Agreement for Public Utilities:Revised 07012015
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Michigan which operates under the legal name of
Douglas N.Higgins,Inc. , and the full names of its officers are
as follows:
President Douglas N.Higgins
Secretary Kelly Wilkie,David Wilkie,Tamara Ludwig,Sandra Garrison
Treasurer Kelly Willde
Vi President
-1anageF - - 1 1 1.I." ..:!.I : .1. :.rtolone
The Vice President is authorized to sign construction bids and
contracts for the company by action of its Board of Directors taken
July 1,2014 , a certified copy of which is hereto attached (strike out this
last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is , and if
operating under a trade name, said trade name is
Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from
previous page.
21
Construction Services Agreement for Public Utilities:Revised 07012015
CERTIFICATE OF SECRETARY
•
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc., a Michigan corporation, hereby
certifies that the following resolution .was duly adopted by
the Board of Directors of said corporation at a meeting held
on July 1, 2015 and that said resolution is in full force
and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc., any and all contracts and
documents." •
Brandy L. Bartolone
Daniel N. Higgins • J A -1
• Douglas N. Higgins
(..:SL21/41r/lIC
-,
David J. Wilkie
Kelly A. Wilkie Wd
Ke 1'y A. ilkie
Secretary
•
Dated: July 1, 2015
DATED 8/25/15
Legal entity
cAu,`^w- (i...5 tA/k{Q, BY: Douglas N. Higgins,Inc.
Witness Name of Bidder(Ty1 pe�d)�I n
0 Witness Sid ature(ellyA.Wilkie / , r r ''• ,(1,
Vice President j
Title
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 25th day of August ,
2015 , by Kelly Wilkie , as Vice President of
Douglas N. Higgins,Inc. , a Michigan corporation, on behalf of the
corporation. He/she is personally known to me or has produced
Personally Known as identification and did
(did not)take an oath.
My Commission Expires: l—ib 0o
5144(a_ �,� L ---
(Signature of Notary)
NAME: Sandra K. Garrison ,, , ,:, ,
SANDRA K GARRISON (Legibly Printed)
NOTARY PUBLIC tl STATE OF MICHIGAN
(AFFIX OFC( TYIWASHTENAW Notary Public, State of Michi ari : ,',
Commission No.: r' ..
My Commission Expires January 10,2020 ;
,,,l',‘
22
Construction Services Agreement for Public Utilities:Revised 07012015
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Douglas N.Higgins,Inc.
(herein after called the Principal) and
Hartford Accident and Indemnity Company , (herein
called the Surety), a corporation chartered and existing under the laws of the State of
CT with its principal offices in the city of Hartford and authorized
to do business in the State of FL are held and firmly bound unto the
Collier County Board of County Commissioners (hereinafter called the Owner),
in the full and just sum of Five percent of the attached bid dollars
($ 5% ) good and lawful money of the United States of America, to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and
severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all
labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the
Work on the Project known as
MPS 303 &304 Rehab
Bid No. 15-6506
NOW, THEREFORE, if the Owner shall accept the Bid 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 Bid, and give such bond or
bonds in an amount of 100%the total Contract Amount as specified in the Bidding 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 $_ noted above as liquidated damages,
and not as a penalty, as provided in the Bidding 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 25th day of August , 20 15 . ,
Douglas N. Higgins,Inc. , Principal
hoi
BY a 1 tvt,�/ ..ti . (Seal)
an
Company Surety ,'
Attorney�,�`__ Y in Fact (Seal)
Countersigned_ QrUUti, ' , Resident Agent ,
Local Resident Producing Agent for Hylant Group,24 Frank Lloyd Wright Box
•
541, Suite 14100,Ann Arbor,MI 48106
23
Construction Services Agreement for Public Utilities:P.syised 07012015
Direct Inquiries/Claims to:
POWER OF ATTORNEY THE HARTFORD
BOND,T-4
One Hartford Plaza
Hartford,Connecticut 06155
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851
X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
I I Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of unlimited:
Heather M.Johnson, Joel E. Speckman, Terri Mahakian, David Harlock
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety(les)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the
nature thereof,on behalf of the Companies In their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1,2009 the Companies
have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary.
Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be
bound by any mechanically applied signatures applied to this Power of Attorney.
• I is s7 r, r er).. g •`..SR l; A`a,,r,,ot '•AIM► tk� 2,; �4 ja70 2 tett
\ ;�r� �..�+ ..`+� v • ;'w.... . 1• rte.o
e„„.„rr„.k
cr _
Wesley W,Cowling,Assistant Secretary M.Ross Fisher,Vice President
STATE OF CONNECTICUT
ss, Hartford
COUNTY OF HARTFORD
On this 12'"day of July, 2012, before me personally came M. Ross Fisher, to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies,the corporations described in
and which executed the above instrument; that he knows the seals of the said corporations;that the seals affixed to the said Instrument are such
corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like
authority.
Nor g *d.Pkw--r'
• �UNiC • Kathleen T.Maynard
Notary Public
My Commission Expires July 31,2016
CERTIFICATE
I, the undersigned,Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of
the Power of Attorney executed by said Companies,which is still In full force effective as of August 25,2015 . •
Signed and sealed at the City of Hartford.
{Ham .,...,
y .\�4 Ya �Qa�t'^, ra'4ti A4' �r� �CJ•rrrrti� � • 97,�Ft �.q 74�'t ► y'11144% oIN{I∎• �. ;;
--
Gary W.'Stuniper,Vice President
Direct Inquirles/Claims to:
POWER OF ATTORNEY THE HARTFORD
Bond T-4
One Hartford Plaza
Hartford,Connecticut 06155
call:888-266-3488 or fax:860-757-5835)
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:21-211417
x Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford,Connecticut(hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of Unlimited •
Dawn Radabaugh of LAKE MARY, Florida
their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one Is named above,to sign Its name as surety(les)only as delineated
above by®,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written Instruments in the nature thereof,on behalf
of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds
and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have
caused these presents to be signed by Its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,
pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any
mechanically applied signatures applied to this Power of Attorney.
,� 1 • �bauovn xt�itrr. WaY :i tu•, rc.r, y.; n,•� ...
O"••0/ 9, , ' 0,,, i41G�ryR.1r„4 i 190 8 9 tr'ts $`,.,.... � }3',acuM ..6..q I4 +p i 1 'r1 10! 'lI.„iz*„;,,, t•►Io . ,'t;„ if `'r` ::, g 2979
'1 y4 ..-\ti� '.2,0��. 'yYp 4't7 • } 'ti:,;,,�Mh •t.t.1' Ro..
,A .14"--P f:"4-"7 ------
John Gray,Assistant Secretary M.Ross Fisher, Vice President
STATE 0 F CON N ECTI CUT
Ss. Hartford
COUNTY OF HARTFORD
On this 12th day of July,2012,before me personally came M, Ross Fisher,to me known,who being by me duly sworn,did depose and say:that
he resides In the County of Hartford,State of Connecticut;that he Is the Vice President of the Companies,the corporations described in and which executed
the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said Instrument are such corporate seals;that they were
so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority.
ti at,}
•
Kathleen T.Maynard
CERTIFICATE Notary Public
My Commission Expires July 31,2016
I,the undersigned,Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power
of Attorney executed by said Companies,which is still in full force effective as of August 25, 2015
Signed and sealed at the City of Hartford.
y±Y.,My�
to otstt, j /4 -lP:., yx*`;t1;.:rr„ taea •tttoet' .3' `4�` , .r', ''..
J F �imiik a :�, A �` V O r -r-mo rty a �FUe..t,1 tt? efIRPOMFro;
g IIS' °j 189? , r• I ► ,T 111 0 5 ..Q.�, �` * r:
d f � ";�°+r....t` hslitN ti yyt t q 0 . 0 T ! 'a 1919
4.
7
Kevin Heckman,Assistant Vice President
POA 2012
BUSINESS CONTACT INFORMATION
Douglas N.Higgins,Inc.
(Firm's Complete Legal Name)
Main Business 3390 Travis Pointe Rd.,Ste.A
(Address)
Ann Arbor,M 48108
(City, State, ZIP)
Contact Name Dan Higgins Phone No. 734-996-9500
Title Vice President FAX No. 734-996-8480
Email address: DanH@dnhiggins.com
**kkir kirk**********/1-***k****k kkk*nFWki************k**kie**k**********kAAAAA*******AA AAA kik**********k**
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above) Douglas N.Higgins,Inc.
(Company Name used as Payee)
4485 Enterprise Ave.
(Address)
Naples,FL 34104
(City, State, ZIP)
Contact Name Brandy Bartolone Phone No. 239-774-3130
Title Vice President FAX No. 239-774-4266
Email address: BrandyB@dnhiggins.com
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above) 4485 Enterprise Ave.
(Address)
Naples,FL 34104
(City, State, ZIP)
Contact Name Brandy Bartolone Phone No. 239-774-3130
Title Vice President FAX No. 239-774-4266
Email Address: BrandyB@dnhiggins.com
24
Construction Services Agreement for Public Utilities:Revised 07012015
•
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully,sign in the spaces indicated and return with your
Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Immigration Affidavit completed.
7. Certificate of Authority to Conduct Business in State of Florida.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
Bid Number—15-6506
Project Name—MPS 303 &304 Rehab
Opening Date—August 25, 2015
12. The Bid will be mailed or delivered in time to be received no later than the
specified opening date and time. Otherwise Bid cannot be considered.)
13. If submitting a manual bid, include any addenda (initialed and dated noting
understanding and receipt). If submitting bid electronically, bidder will need to
download all related documents on www.colliergov.net/bid. The system will date
and time stamp when the addendum files were downloaded
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Douglas N.Higgins,Inc.
Bidder Name
L.,Mlice President
ig ature Title
DATE: 8/25/15
25
Construction Services Agreement for Public Utilities:Revised 07012015
v-,? STATE OF FLORIDA
'4 t f .4' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
,-;.--x-,7 -a '`r CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-1395
"� om` 1940 NORTH MONROE STREET
%wit TALLAHASSEE FL 32399-0783
HIGGINS, DANIEL NORMAN
DOUGLAS N HIGGINS INC
3390 TRAVIS POINTE ROAD
SUITE A
ANNN ARBOR MI 48108
CongratulatIonsl With this license you become one of the nearly..
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range ; STATE OF FLORIDA
from architects to yacht brokers,from boxers to barbeque restaurants, '' DEPARTMENT OF BUSINESS AND
and they keep Florida's economy strong. '''_., v PROFESSIO AL REGULATION
Every day we work to improve the way we do business In order to CGC060189 .'` SU_€D, :,08/27/2014
serve you better. For Information about our services,please log onto R ,, '
www.myflorldalicense.com. There you can find more Information CERTIFIED GENNIjALCONTRACTOR
about our divisions and the regulations that impact you,subscribe HIGGINS,DAN'WOMAIV,
to department newsletters and learn more about the Department's DOUGLAS N HIGGS INCr
initiatives. t '� #
Our mission at the Department is License Efficiently,Regulate Fairly. ''
We constantly strive to serve you better so that you can serve your is CERTIFIED Under the previsions of Ch.469 FS.
customers. Thank you for doing business In Florida, ExplCE dale:AUG 31, er uaoez�ooFS
and congratulations on your new license!
DETACH HERE
RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION,INDUSTRY LICENSING BOARD L' F.,
LICENSE NUMBER ,i ti_c_ ,,rz
CGG060189 of t ,
The GENERAL CONTRACTOR
Named below IS CERTIFIED bi'.,
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31,2016
0I 7 .uCI
HIGGINS, DANIEL NORMAN •1 r
DOUGLAS N HIGGINS INC • 44'15
3390 TRAVIS POINTE ROAD �1
SUITEA -r S
ANNN ARBOR MI 48108 0 I ;:e "ti
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This document Is a business tax only.This is not certificaon that licensee Is qualified.
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Ites notaperoale licensee to ylolateAtly4axIslIgg regulatory zontl,%la.A.%ottifskit• atetAq.urlps•oities •f.;,:t!, ..• • 0,17.
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Florida Department of Transportation
RICK SCOTT 605 Suwannee Street ANANTII P.RA.SAD,P.E:
GOVERNOR Tallahassee,FL 32399-0450 SECRETARY'
August 27, 2014
•
• DOUGLAS N. HIGGINS, INC.
3390 TRAVIS POINTE RD .
ANN ARBOR MT 48108
•
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam.:
The Department of Transportation has qualified your company for the type of work indicated
below. Unless your company is notified otherwise, this Certificate of Qualification will
expire 9/30/2015. However, the new application is due 7/31/2016.
In adeordance with 5.337.14 (1) F.S. your next application must be filed withih (4) months
of the ending date of the applicant'a audited annual financial t e ents and, if applicable,
the audited interim financial statements. Section 337.14 (4) F.S. provides that your
certificate will be valid for 18 months after -your financial statement date. This gives
a two month period to allow you to bid on jobs as we process your new application for
qualification. To remain qualified with the Department, a new application must be submitted
subsequent to• any significant change in the financial position or the structure of your
firm as described in Section 14-22.005(3), Florida Administrative Code.
Your company's maximum capacity rating has been established based on
X Audited Reviewed financial statements. To access it, please log into the
Contractor Prequalification Application System via the following link:
https://www3.dot.state.fl.us/ContractorPreQualification/
Once logged in, select "View" for the most recently approved application, and then click
the "Manage" and "Application Summary" tabs.
FOOT APPROVED WORK CLASSES:
DRAINAGE, GRADING, MINOR BRIDGES, R&R MINOR BRIDGES
FOOT APPROVED SPECIALITY CLASSES OF WORK:
UNDERGROUND UTILITIES, WATER MAINS, SANITARY LINES, FORCE MAINS, SEWER LINES, PUMP STATIONS.
You may apply, in writing, for a Revised Certificate of Qualification at any time prior
to the expiration date of this certificate according to Section 14-22.0041(3), Florida
Administrative Code. Please be advised if certification in additional classes of work is
desired, docuhleiitation is needed to show that your company has done such work• with your
own forces and equipment or that experience was gained with another contractor and that
you have the necessary equipment for each additional class of work requested.
Sincerely,
•
Juanita Moore, Manager
Contracts Administration Office
JM:cj
www.dot.state.fl.us
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of 4485 Enterprise Ave,
Naples, Florida 34104, a Michigan corporation, authorized to do business in the State of Florida,
to perform all work ("Work") in connection with MPS 303 & 304 Rehab, Bid No. 15-6506
("Project"), as said Work is set forth in the Plans and Specifications prepared by AECOM, the
Engineer and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
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. All of the foregoing Contract Documents 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"). A copy of the Contract Documents shall be maintained by Contractor at the
Project site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents
and the appropriate number of sets of the Construction Documents, signed and sealed by the
Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and workmanlike
manner the Work required by the Contract Documents.
Section 3. Contract Amount.
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 amount (herein "Contract Amount"), in accordance with the terms of
this Agreement: Three Million Forty One Thousand Five Hundred and Seventy Nine Dollars
($3,041,579.00).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are 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
26
Construction Services Agreement for Public Utilities:Revised 07012015
www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification
of the surety.
B. 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 five (5) calendar
days thereafter, substitute at its cost and expense another bond and surety, both of which shall
be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve
Substantial Completion within Four Hundred and Fifty (450) calendar days from the
Commencement Date (herein "Contract Time"). The date of Substantial Completion of the
Work (or designated portions thereof) is the date certified by the Design Professional when
construction is sufficiently complete, in accordance with the Contract Documents, so Owner can
occupy or utilize the Work (or designated portions thereof) for the use for which it is intended.
Contractor shall achieve Final Completion within Ninety (90) calendar days after the date of
Substantial Completion. Final Completion shall occur when the Agreement is completed in its
entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the
Owner's duly authorized representative and shall mean the Division Administrator or
Department Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner
will suffer financial loss if Contractor fails to achieve Substantial Completion within the time
specified above, as said time may be adjusted as provided for herein. In such event, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. Should Contractor fail to achieve Substantial Completion within the number of
calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but
not as a penalty, Two Thousand Three Hundred and Seventy Four Dollars ($2,374.00) for each
calendar day thereafter until Substantial Completion is achieved. Further, in the event
Substantial Completion is reached, but the Contractor fails to reach Final Completion within the
required time period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve Final
Completion. The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial
Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes
any right which it may have to seek to characterize the above noted liquidated damages as a
penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally Complete the
Work within the required time periods.
27
Construction Services Agreement for Public Utilities:Revised 07012015
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or
working days, the Owner will count default days in calendar days.
E. Right of Collection.
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 liquidated damages due
under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the
contrary, Owner retains its right to liquidated damages due under this Agreement even if
Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the
Work, or any part of it, after the expiration of the Contract Time including granted time
extensions.
F. Completion of Work by Owner.
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 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.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. 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.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be incorporated by
reference and made a part of this Agreement for Solicitation 15-6506 MPS 303 & 304 Rehab.
Exhibit A: Performance and Payment Bond Forms
Exhibit B: Insurance Requirements
Exhibit C: Release and Affidavit Form
28
Construction Services Agreement for Public Utilities:Revised 07012015
(1)
Exhibit D: Contractor Application for Payment Form
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions
Exhibit J: Technical Specifications
Exhibit K: Permits
Exhibit L: Standard Details(if applicable)
Exhibit M: Plans and Specifications prepared by AECOM
and identified as follows: MPS 304 Bid Specifications
as shown on Plan Sheets
Exhibit N: Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed
to the following:
Wayne Karlovich
Engineering, Collier County Public Utilities Division
3339 Tamiami Trail E, Naples, Florida 34112
Telephone: (239) 252-5372 Fax: (239) 252-5378
WayneKarlovich(c colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Brandy L. Bartolone
Vice President, Douglas N. Higgins Inc.
4485 Enterprise Avenue
Naples, Florida 34104
Telephone: (239) 774-3130 Fax: (239) 774-4266
BrandyBc dnhiggins.com
C. Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 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:
29
Construction Services Agreement for Public Utilities:Revised 07012015
G `
"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."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and
entire agreement between the parties affecting the Work contemplated, and no other agreement
or understanding of any nature concerning the same has been entered into or will be
recognized, and that all negotiations, acts, work performed, or payments made prior to the
execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change
Orders and Work Directive Changes to the Agreement to the extent provided for under the
Owner's Purchasing Policy and accompanying administrative procedures.
30
Construction Services Agreement for Public Utilities:Revised 07012015
GQ`
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents including the Owner's Board
approved Executive Summary, except the terms of any Supplemental Conditions shall take
precedence over the Construction Agreement and the General Terms and Conditions. To the
extent any conflict in the terms of the Contract Documents 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.
****
31
Construction Services Agreement for Public Utilities:Revised 07012015
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITN SES: Douglas N. Higgins, Inc.
l/, By: frd4a . (uikL .
FIR WIT SS 00- /t. Sidi ►1 / 1)1 I9
e ( N- j S he /Ai/Mkt,int N e and Title Date
�� Fh
Print Name J
/ s alt it
SECOND WITNESS
Sandf(2 • O ayi1
Print Name
Date: t okley*c , L-1-3, 2015 OWNER:
ATTEST::;' BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk ."...^"'�
Attest as toChaxtr 's�' IOW Tim Nance Date Chairman
signature only.
i s i l \o\\�
Approved as to Form .nd Legality:
�.�.I11. .1. 11/ •
Assistant County A orney
coi m
Print Name
32
Construction Services Agreement for Public Utilities:Revised 07012015 �/,
4
GQ'
EXHIBIT A: PUBLIC PAYMENT BOND
MPS 303 &304 Rehab
Bond No. 35BCSHH0709
Contract No. 15-6506
KNOW ALL MEN BY THESE PRESENTS: That Douglas N.Higgins,Inc.
3390 Travis Pointe,Suite A,Ann Arbor,MI 48108 , as Principal, and
Hartford Accident and Indemnity Company , as Surety,
located at One Hartford Plaza,T-4,Hartford,CT 06155 (Business
Address) are held and firmly bound to The Board of County Commissioners of Collier County as Obligee in the
sum of Three Million Forty-One Thousand Five Hundred Seventy-Nine and 00/100 ($ 3,041,579.00 )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 i041 day of
2015- , with Obligee for MPS 303&304 Rehab,Bid No.15-6506 in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of
November 20 is , the name of each party being affixed and these presents duly
signed by its under-signed representative, pursuant to authority of its governing body.
33
Construction Services Agreement for Public Utilities:Revised 07012015
Signed, sealed and delivered
in the presenc: of:
PRINCIPAL
Ai ' Douglas N.Higgins,Inc.
D. •
BY: 4,LCLLt
Witnesses as to ' i�i al NAME: kelly W. Wilkie
P y
Michael Hae sler ITS: Vice-President
•
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 13th day of November 2015 ,
by Kelly A. Wilkie , as Vice-President of
Douglas N. Higgins, Inc., a Michigan corporation, on behalf of the
corporation. He/she is personal) own to me OR has produced as
identification and did (did no take an oath.
My Commission Expires: f—/(yaDao et-k_
(Signature of Notary)
NAME: Sandra K. Garrison
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of Michigan
Commission No.:
SANDRA K GARRISON
ATTEST: NOTARY PUBLIC-STATE OF MICHIGAN
COUNTY OF WASHTENA1YHartford Accident and Indemnity Company
Printed Name/
My Commission Expires January une Plaza,T-4
Hartford,CT 06155
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
34
Construction Services Agreement for Public Utilities:Revised 07012015
0
• OR 4.
.A,,
As Attorney in Fact
(Attach Power of Attorney)
r . Heather M.Johnson
W nesses (Printed Name)
e
Dawn Radabaugh, sident Agent
PO Box 541
Ann Arbor,MI 48106
(Business Address)
734.741.0044
(Telephone Number)
STATE OF MI
COUNTY OF Lenawee acting in Washtenaw
The foregoing instrument was acknowledged before me this 13th day of
November , 20 15 by Heather M.Johnson , as
Attorney in Fart Of Hartford Accident and Indemnity Company Surety, on
behalf of Surety. He/She is personally known to me OR has produced
drivers license as identification and who did (did not) take an
oath.
My Commission Expires: Q_Q..
(Signatu
Name: Cheryl A.Bemis
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: MI
Commission No.: N/A
35
Construction Services Agreement for Public Utilities:Revised 07012015
9
EXHIBIT A: PUBLIC PERFORMANCE BOND
MPS 303 &304 Rehab
Bond No. 35BCSHH0709
Contract No. 15-6506
•
KNOW ALL MEN BY THESE PRESENTS: That Douglas N.Higgins,Inc.,3390 Travis Pointe,Suite
A,Ann Arbor,MI 48108 , as Principal, and Hartford Accident and Indemnity Company
as Surety, located at
One Hartford Plaza,T-4,Hartford,CT 06155
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County , as Obligee in the sum of
Three Million Forty-One Thousand Five Hundred Seventy-Nine and 00/100
($ 3,041,579.00 ) 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 C D " day of
OtN'.e..:0- 1L)..>c" 20 is , with Obligee for
MPS 303&304 Rehab,Bid No.15-6506 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 13th day of
November , 20 is , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
36
Construction Services Agreement for Public Utilities:Revised 07012015
n
Signed, sealed and delivered
in the pre n of: / _ PRINCIPAL
L ` / Douglas N.Higgins,Inc.
D�� %/�,/� BY: 1 (/�'
or
Witnesses as to P 4.
Michael Hae.sller NAME: Kelly . Wilkie
ITS: Vice-President
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 13th day of November
2015 by Kelly A. Wilkie as
Vice-President of Douglas N. Higgins, Inc. a
Michigan corporation, on behalf of the corporation. He/she is personally
known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires: /----/O-DA)0
(Signature)
Name: Sandra K. Garrison
(Legibly Printed)
• (AFFIX OFFiCiAL SEAL) Notary Public, State of: Michigan
SANDRA K G 'on No.:
NOTARY PUBLIC-STATE OF MICHIGAN
COUNTY OF WASHTENAW
My Commission Expires January 10,2020
37
Construction Services Agreement for Public Utilities:Revised 07012015
0
ATTEST: SURETY:
Hartford Accident and Indemnity Company
(Printed Name)
One Hartford Plaza,T04
Hartford,CT 06155
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
, A ?1
. ELLA� / ,
As A ttorney in''Fact
(Attach Power of Attome`
1 Heather M.Johnson
'rnesse.. (Printed Name)
PO Box 541
pcul�.rearirkx - Ann Arbor,MI 48106
Dawn Radabaugh, Resident Agent (Business Address)
734.741.0044
(Telephone Number)
STATE OF MI
COUNTY OF Lenawee acting in Washtenaw
The foregoing instrument was acknowledged before me this 13th day of November
20 15 by Heather M.Johnson , as Attorney in Fact of
Hartford Accident and Indemnity COmpany ,a Corporate Surety, on behalf of
Surety. He/She is personally known to me OR has produced
drivers license as iderbification and who did (did not)take an oath.
My Commission Expires: S2 Q .
I , _ (Signature
Name: Cheryl A.Bemis
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: MI
Commission No.: N/A
38
Construction Services Agreement for Public Utilities:Revised 07012015
9
Direct Inquiries/Claims to:
POWER OF ATTORNEY THE HARTFORD
BOND,T-4
One Hartford Plaza
Hartford,Connecticut 06155
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851
X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
1 Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of unlimited:
Heather M. Johnson, Joel E. Speckman, Terri Mahakian, David Harlock
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies
have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary.
Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be
bound by any mechanically applied signatures applied to this Power of Attorney.
i "
„ h E'
o i I,,,. ii a ..Q r y L „....., ` o ,
F i ' .., ! �t+a*tnt71. %MO Vi.1 y7%jtr • to7✓ ,? 4 ..;mss _ C, l ' • • jv ..„::,..........:::::1 � .n , ,,
* 'W.:, .. i N d,'Ii.v,,� • ,„ ,...0-�
i: i4.•
u ,f.Z._.../42,..--
Wesley W.Cowling,Assistant Secretary M. Ross Fisher,Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in
and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such
corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like
authority.
f4r.""gr
• Kathleen T.Maynard
1. Notary Public
CERTIFICATE My Commission Expires July 31,2016
I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
the Power of Attorney executed by said Companies,which is still in full force effective as of November 13,2015.
Signed and sealed at the City of Hartford. ur
0 7' ;� ,tNrne.ge.f a LOa P _4�•T 4 xaalac" a"to•'S_ �' i 'I•s 1l /1 �,t�S'vy•, j » attntara • i•�• ' ��.t. t174�c�Cfr�Sei tA7 E `+ I944 }
lb * 'Ri:�,:..:9if `�� ♦,t'•'t,� • ay h, ; _ %tare tizil.,eo1.•,
, ii....• riAft),; (1,--___—_-- ____
Gary W.Stumper,Vice President
®
ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1)
�� 11/13/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Hylant Group Inc Ann Arbor .(AIC.No.Exti:734-741-0044 (NC,No):734 741 1850
24 Frank Lloyd Wright Dr J4100 E-MAIL
Ann Arbor MI 48105 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
_INSURER A:Continental Insurance Company 35289
INSURED HIGGI-5 INSURER B:Continental Casualty Company 20443
Douglas N. Higgins, Inc. INSURER c:Valley Forge Insurance Co 20508
3390 Travis Pointe, Suite A INSURER D Greenwich Insurance Company 22322
Ann Arbor MI 48108
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1179440639 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDYYY)
A GENERAL LIABILITY U1061922047 4/1/2015 4/1/2016 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $500,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000
X Includes XCU PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
7 POLICY Fl JECT L.
A AUTOMOBILE LIABILITY U1061922033 4/1/2015 4/1/2016 COMBINED SINGLE LIMIT
(Ea accident) $1,000,000 _
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS _AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
B X UMBRELLA LIAR X OCCUR U1061922050 4/1/2015 4/1/2016 EACH OCCURRENCE $10,000,000 _
EXCESSLIAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$0 $
C WORKERS COMPENSATION WC434990543 4/1/2015 4/1/2016 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
OFFICER/MEMBER
OPRIETOR/PARTNER/E ECUTIVE N/N NIA E.L.EACH ACCIDENT $500,000
(Mandatory in NIi) E.L.DISEASE-EA EMPLOYEE$500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Professional/ PEC0025095 12/10/2014 12/10/2015 2,000,000 Each Claim
Pollution 4,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Job-Contract#15-6506- MPS 303&304 Rehab
Additional Insured for General Liability, as required by written contract(primary)-Collier County, Florida, Collier Board of County
Commissioners. A 30 day prior written notice of any insurer initiated cancellation, except for non-payment of premium,will be given. A 10
day prior written notice will be given in the event of non-payment of premium.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3327 Tamiami Trail, East
Naples FL 34412 AUTHORIZED REPRESENTATIVE
Miji 1114
I
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
EXHIBIT B: INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of
this solicitation. The Vendor shall procure and maintain property insurance upon the entire
project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, 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. The Vendor and County shall, where appropriate,
require similar waivers of subrogation from the County's separate Vendors, Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Vendor
under this solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. 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 solicitation. The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Vendor has any self-insured retentions or deductibles under any of the
below listed minimum required coverage, Vendor 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 Vendor's sole responsibility.
Coverages shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the scope of work by the County or as
specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County
of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The
Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt,
of any notices of expiration, cancellation, non-renewal or material change in coverage or limits
received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to
39
Construction Services Agreement for Public Utilities:Revised 07012015
be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate
limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverages required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverages and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage purchased or the
insurance company or companies used. The decision of the County to purchase such
insurance coverages shall in no way be construed to be a waiver of any of its rights under the
Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)
of Insurance not later than ten (10) calendar days after the expiration date on the certificate.
Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
40
Construction Services Agreement for Public Utilities:Revised 07012015
O
Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
Insurance/'Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Compensation Government Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
current ISO form Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees
and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available
to an indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole negligence
of Collier County.
4. Z Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall
be maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage(Jones Act)shall be maintained where applicable
to the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the
Services under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
41
Construction Services Agreement for Public Utilities:Revised 07012015
0
❑ Valuable Papers Insurance $ Per Occurrence
6. ® Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with
the County Clerk, or proposal bond in a sum equal to 5%of the cost
proposal.All checks shall be made payable to the Collier County Board of
County Commissioners on a bank or trust company located in the State
of Florida and insured by the Federal Deposit Insurance Corporation.
7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of
the Contract award amount, the cost borne by the Proposer receiving an
award. 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 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.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County.
10. ® Thirty (30) Days Cancellation Notice required.
Ljb 7/21/2015
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of
insurability may be required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor
Signature
Print Name
Insurance
Agency
Agent Name Telephone
42
Construction Services Agreement for Public Utilities:Revised 07012015
EXHIBIT C:RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") 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 , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows: _
(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, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, 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
BY:
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not)take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
43
Construction Services Agreement for Public Utilities:Revised 07012015
This page is intentionally left blank.
44
Construction Services Agreement for Public Utilities:
Revised 07012015
0
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
Payment, Schedule of Values and Stored Materials Record applications are available for
download at: http://purchasinq.colliergov.net/Forms/Forms/Allltems.aspx
45
Construction Services Agreement for Public Utilities:Revised 07012015
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http://bccsp01/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx
Change Order Form
Co ntract#: Change.: PurchaseOrder#: Project at:
C ntracto Fi rrn t4ame: Project Name:
Project Manager Name Department:
i@ inal O'ontractWiork Order Arrcunt Or i:@inal BCC Approval Date;Agenda [tern
C,un ent BCC Approved Amount Last BCC Approval Cate Apencia item
Current Coot a otrA'onn Order Amount SAP Ccntraot EXOTSCIVI Da ktlestel)
Dolkar Armunt of this Change 1\i/3l Total'Change from a ig i nal,Arrzont
Revised ContraotW 0A Order Total S 0.00 tA)IV/0! Chang f rpm Current B-CC Approved An-cunt
Cumulative Changes S 0.00 #0 IV/O! Change from Cirrent Amount •
Completion Date,Description of the Tasktsji Change,and Rationale for the Change
Notice to Proceei Original Last Approved Revised Date
Date Completion Date Date r,MA25 S onarge;
#of Days Added Select Tasks Q. Add newt:task:Is) o.Delete task(s) 0 C hinge task(at 17 Other;see oakdoi,l
Provide a respo n se to the fo I lowing:l.)detailed and specific exp lanationkatio nale of the requested change(s)to the tasitts)and I or
the alid itio nal days added{if requested);2,)why this change was not included in the origi nal contract;and,3.1 describe the impact if
this change is not processed. Anson additional information from Ire Design Profess/anal andior COnir3CMC if ne&ded
Prepared by: Date:
,(Fic. t Msnser Name ant Department;
Accedence&this Change Order snail constilarie a maalf.taatior',avant rad WiY-Vk order itentif het above and WI be subisivi to ail the same
;ern,s aind C,C,r.det Ions a.s domains:in the or rad "di orkoMer indicated above,as fay Z.5 the sarne viers asiej ihre sample:me.Tne
Stii.:Strneni.deny,to he Com rad s t 'itite ft:nand final settlement of any and ands:ins of the Contractor Veroor:Co utart;
Des ir Professional arising:au;ad or relaied io tine an Inge sal forth herein,incluthg,cairns for impao and delay cost.
Accepted by: Dais:
ortractor VsnIori Consultant,f Des or Pro.fess:oral end Named Firm,if proem a.poliza ble)
Approved by: Date:
(Design Professional and Named Firm,if proteor.appkabia)
Approved by: Date:
(Pro:urerneM Proles 5'tonal
tel
an.; •ad ir ;f9 as:a-ens
1
46
Construction Services Agreement for Public Utilities:Revised 07012015
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
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.
47
Construction Services Agreement for Public Utilities:Revised 07012015
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
•
By:
Type Name and Title
48
Construction Services Agreement for Public Utilities:Revised 07012015
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
20
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner(attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name&Title)
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0
By Design
Professional: (Firm Name)
(Signature)
(Typed Name&Title)
By Owner: (Department Name)
(Signature)
(Name&Title)
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or
association or to the laws or regulations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from
the Project Manager may require Contractor to consult directly with Design Professional or
some other third party, as directed by Project Manager. Contractor shall take field
measurements and verify field conditions and shall carefully compare such field measurements
and conditions and other information known to Contractor with the Contract Documents before
commencing any portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and
are not intended to serve as shop drawings. Specifications are separated into divisions for
convenience of reference only and shall not be interpreted as establishing divisions for the
Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy
between or among the drawings, specifications or other Contract Document provisions,
Contractor shall be required to comply with the provision which is the more restrictive or
stringent requirement upon the Contractor, as determined by the Project Manager. Unless
otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware,
accessories, trim and other parts required in connection with any portion of the Work to make a
complete, serviceable, finished and first quality installation shall be furnished and installed as
part of the Work, whether or not called for by 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
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responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities and
utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption. Contractor shall be
responsible for properly shoring, supporting and protecting all Utilities at all times during the
course of the Work. The Contractor is responsible for coordinating all other utility work so as to
not interfere with the 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, 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 and Design Professional 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 seven (7) 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.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for
the Project (herein "Progress Schedule'). The Progress Schedule 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 Progress Schedule shall indicate the dates for starting and completing the various stages of
the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its monthly
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Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule 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 7:00 a.m. to 7:00 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 schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. This schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor's Bid 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. Notwithstanding
anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may
submit its invoice for any required Payment and Performance Bonds prior to the first Application
of Payment provided that Contractor has furnished Owner certified copies of the receipts
evidencing the premium paid by Contractor for the bonds.
4.3 Contractor shall submit all Applications for Payment to Donovan Bramlett, AECOM,
located at 4415 Metro Parkway, Suite 404, Fort Myers, FL 33916.
4.4 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-3.
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4.5 Contractor shall submit four (4) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). 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, or Design
Professional, 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 Purchasing Department and the Clerk of Court's Finance
Department respectively.
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.
4.5 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 through out 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 Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further, to
the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier
has been paid in full through the previous month's Application for Payment. The Owner shall not
be required to make payment until and unless these affidavits are furnished by Contractor.
4.8 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 Progress Schedule. 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.
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T C
4.9 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.
4.10 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 "'aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
4.11 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.
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 (induding, 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
and/or for materials delivered in association with a contract.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Purchasing Department and the
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9
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 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.
6.2 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 Design Professional or Project Manager at
the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 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.
7.2 Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
the Owner to determine that the material or equipment proposed is equivalent or equal to that
named. Requests for review of substitute items of material and equipment will not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted by
Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received
by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 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
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Construction Services Agreement for Public Utilities:Revised 07012015
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.
7.4 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.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. 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 charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 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:
8.1.1 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;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present and
working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
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D
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 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.
8.2 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 issued by the Design Professional, 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 Change
Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of
piping, conduit and utility services. All buried and concealed items, both inside and outside the
Project site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The
annotated drawings shall be clean and all changes, corrections and dimensions shall be given
in a neat and legible manner in a contrasting color. The "As-Built" record documents, together
with all approved samples and a counterpart of all approved shop drawings shall be available to
the Project Manager or Design Professional 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.
8.3 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, including
specifically those contractual requirements in F.S. § 119.0701(2(a)—(d) and (3) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply
with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
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9
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems
of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 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.
9.2 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.
9.3 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.
9.4 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.
10. CHANGES IN THE WORK.
10.1 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.
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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.
10.2 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.
10.3 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 pursuant to Section 11 of these General
Conditions or else be deemed to have waived any claim on this matter it might otherwise have
had.
10.4 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-subcontractors' 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.
Contractor's and Sub-Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 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.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are authorized.
11. CLAIMS AND DISPUTES.
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11.1 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.
11.2 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. All Claims shall be priced in accordance
with the provisions of Subsection 10.4.
11.3 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 during the pendency of any Claim.
12. OTHER WORK.
12.1 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 and Design Professional 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.
12.2 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.
12.3 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
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will constitute an acceptance of the other work as fit and proper for integration with Contractor's
Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 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 or anyone employed or utilized
by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 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 13 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.
13.3 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 Exhibit B to the Agreement.
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements
and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, worker's compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code,
statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinances, rules or regulations
subsequent to the date this Agreement was executed that increases the Contractor's time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the Contractor to comply with
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the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
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
Vendors / 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 vendor'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.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the
solicitation documents. If the BidderNendor does not comply with providing both the
acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal
may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation,any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
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15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such
improvements so damaged shall be restored by Contractor to the condition equal to that existing
at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein,without the 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.
17. PERMITS, LICENSES AND TAXES.
17.1 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.
17.2 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.
17.3 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.
18. TERMINATION FOR DEFAULT.
18.1 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) 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 Progress Schedule; or (3) performs
the Work unsuitably or neglects or refuses to remove materials or to correct or replace such
Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of
the Work; or(5) fails to resume Work which has been suspended within a reasonable time after
being notified to do so; 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 (10)
days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any applicable
codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
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following receipt by Contractor of said written notice or such longer period of time as may be
consented to by Owner in writing and in its sole discretion, then Owner, at its option, without
releasing or waiving its rights and remedies against the 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 take possession of
all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders, and complete all or
any portion of Contractor's Work by whatever means, method or agency which Owner, in its
sole discretion, may choose.
18.3 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 attorneys' fees) 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, attorneys' fees (including
appeals) and interest thereon at the maximum legal rate of interest until paid. 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 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 Project
Manager, upon application, and this obligation for payment shall survive termination of the
Agreement.
18.4 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.
18.5 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 Section 19 below.
18.6 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,
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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.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld and reasonable
termination expenses incurred, but Contractor shall not be entitled to any other or further
recovery against Owner, including, but not limited to, damages or any anticipated profit on
portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, 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.
20. COMPLETION.
20.1 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,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after
conferring with the Design Professional, 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.
20.2 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 and Design Professional will make such inspection and, if they find the Work
acceptable and fully performed under the Contract Documents shall promptly approve payment,
recommending that, on the basis of their 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.
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Neither the final payment nor the retainage shall become due and payable until Contractor
submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may be designated by
Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional 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.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents. Contractor further warrants to Owner that all materials and
equipment furnished under the Contract Documents shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
manufacturers, fabricators, suppliers or processors except as otherwise provided for in the
Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall correct it
promptly after receipt of written notice from Owner. Contractor shall also be responsible for and
pay for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. Further, in the event of an emergency, Owner may commence to
correct any defective Work, without prior notice to Contractor, at Contractor's expense. These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of
law.
21.2 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.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees,
and governmental agencies with jurisdiction over the Project shall have access at all times to
the Work, whether the Work is being performed on or off of the Project site, for their
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C
C
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.
22.2 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.
22.3 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.
22.4 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.
22.5 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.
22.6 Neither observations nor other actions by the Project Manager or Design Professional
nor inspections, tests or approvals by others shall relieve Contractor from Contractor's
obligations to perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 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.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional 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
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direct, indirect and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals), and Owner shall be entitled to an
appropriate decrease in the Contract Amount. If, however, such Work is not found to be
defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension
to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction.
23.3 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.
23.4 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.
23.5 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, Design Professional 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 and consequential 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
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0 O0
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies -
hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 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 N is a list
identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior
written approval, and if so removed must be immediately replaced with a person acceptable to
Owner.
24.2 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 Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. 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.
25.2 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.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone
for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks,
Contractor shall immediately notify Project Manager and Design Professional. The Owner or
Design Professional shall re-establish the benchmarks and Contractor shall be liable for all
costs incurred by Owner associated therewith.
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26. EMERGENCIES.
26.1 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 or Design Professional 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.
27. USE OF PREMISES.
27.1 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.
28. SAFETY.
28.1 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:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 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.
28.2 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
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0 7�
protection of the Work shall continue until such time as the Work is completed and final
acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
28.3. 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.
28.4 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.
28.5 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:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited.
28.5.2 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;
28.5.3 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;
28.5.4 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;
28.5.5 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;
28.5.6 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;
28.5.7 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;
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28.5.8 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
28.5.9 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.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference
with the Project Manager, Design Professional 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 or Design Professional. 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.
30. 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.
31. 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 Transportations 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 and/or Purchasing Departments, and is available on-line at
colliergov.net/purchasing.
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 on the line item on the bid
page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
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32.1 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 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales
tax and may wish to generate sales tax savings for the Project, Owner reserves the right to
make direct purchases of various construction materials and equipment included in the Work
("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by
Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two
weeks for execution of all such purchase orders by Owner. Contractor represents and warrants
that it will use its best efforts to cooperate with Owner in implementing this sales tax savings
program in order to maximize cost savings for the Project. Adjustments to the Contract Amount
will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase,
plus the saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed
upon between Owner and Contractor. With respect to all Direct Purchases by Owner,
Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery,
storing, handling, installing, warranting and quality control for all Direct Purchases.
Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees
that all Direct Purchases shall be included within and covered by Contractor's warranty to
Owner to the same extent as all other warranties provided by Contractor pursuant to the terms
of the Contract Documents. In the event Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer
or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to
Contractor any and all warranties and Contract rights Owner may have from any manufacturer
or supplier of any such Direct Purchase by Owner.
32.3 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.
33. SUBCONTRACTS
33.1 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 Project Milestone Schedule,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
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.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to
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requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance
2013-69, 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.
33.3 In addition to those Subcontractors identified in Contractor's bid 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.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract
with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for
every Subcontractor and sub-subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
be performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owner, Collier County Government, will be an additional
insured on all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will
be bound. Each Subcontractor shall similarly make copies of such documents available to its
sub-subcontractors.
33.5 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.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase
orders shall provide:
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33.6.1 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 Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 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.
33.6.3 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 price, damages, losses or additional compensation. Further, Contractor shall
require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
33.6.4 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.
34. CONSTRUCTION SERVICES
34.1 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:
34.1.1 Subcontracts and Purchase Orders
34.1.2 Subcontractor Licenses
34.1.3 Shop Drawing Submittal/Approval Logs
34.1.4 Equipment Purchase/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
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10
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or
their designees for reference, review or copying.
34.2 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.
35. SECURITY
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department 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.
36. VENUE
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 exdusive jurisdiction on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of
a Value Engineering (VE) study conducted during project development. A "project" shall be
defined as the collective contracts, which may include but not be limited to: design, construction,
and construction, engineering and inspection (CEI) services. Additionally, any project with an
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estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS
38.1 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.
38.2 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.
39. 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.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
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 CONSULTANT 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.
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 exdusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
1. The Notice to Proceed will be issued only after the following documentation has been
submitted to Owner:
a. Complete contractual documents, including payment and performance bonds
and insurance certificate;
b. Progress schedule,which shall utilize the Critical Path method of scheduling and
Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of the value
of the work to be completed and materials stored for the entire duration of the
project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with
each Contractor Application for Payment. If both items are not submitted with
Application for Payment, that payment will be withheld until both items are received
and accepted by the Owner and Engineer.
3. All engineering site plans and drawings referencing a specific geographic area must
be submitted in an AutoCad 14 or later format drawn in the Florida State Plane East
(US Feet) Coordinate System. The drawings should either reference specific
established Survey documentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or be derived from the RTK(Real-Time Kinematic) GPS
Network as provided by the Collier County Transportation Division.
4. Other supporting documents may found at: http://bid.colliergov.net/bid/
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Construction Services Agreement for Public Utilities:Revised 07012015
�A
EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http://bid.collierciov.net/bid/
and titled: MPS 304 Bid Specifications 070615
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Construction Services Agreement for Public Utilities:Revised 07012015
EXHIBIT K: PERMITS
Supporting documents found at: http://bid.colliergov.netlbid/
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Construction Services Agreement for Public Utilities:Revised 07012015
0
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http://bid.colliergov.net/bidl
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Construction Services Agreement for Public Utilities:Revised 07012015
fli,
EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.neti bid!
and titled: MPS 304 Bid Plans 070615
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Construction Services Agreement for Public Utilities:Revised 07012015
CI—A0
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Ken Fritz Construction Superintendent
Mike LoBello Project Manager
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Construction Services Agreement for Public Utilities:Revised 07012015
State of
Florida
eat
p ment of tats
I certify from the records of this office that DOUGLAS N. HIGGINS INC. is a
Michigan corporation authorized to transact business in the State of Florida,
qualified on August 1, 1973.
The document number of this corporation is 830666.
I further certify that said corporation has paid all fees due this office through
December 31,2015,that its most recent annual report/uniform business report
was filed on January 7, 2015, and its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Seventh day of January,2015
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V," 0 WI
","t,.r Secretary of'State
Authentication ID:CC4969825754
To authenticate this certificate,visit the following site,enter this
ID,and then follow the instructions displayed.
Irttps://efile.sunbiz.org/certauthver.html