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Agenda 02/23/2016 Item #16A 9
2/23/2016 16.A.9. EXECUTIVE SUMMARY Recommendation to award Work Order No. 14-6213-55, to Haskins Inc., for the Lely Area Stormwater Improvement Project (LASIP) — Cope Lane and Crews Road in the amount of $342,369.80,Project No.51101. OBJECTIVE: To commence with the construction of the Cope Lane and Crews Road portions of LASIP by awarding Work Order No. 14-6213-55, to Haskins, Inc., who provided the lowest, responsive and qualified quote. CONSIDERATIONS: This is the final LASIP construction activity to take place and consists mainly of ditchwork, a few structures, and minimal piping. This part of the project was designed in combination with the Sandy Lane Improvements portion, which will begin construction along with WingSouth in February. Design plans of these final pieces of LASIP were rearranged for construction efficiency. LASIP construction began approximately ten years ago and consists of twenty-nine portions (see phasing map, attached). After Cope Lane and Crews Road are constructed, along with the completion of Wing South/Sandy Lane,LASIP will be complete. The Request for Quotes was emailed out on January 7, 2016 to all six contractors on The Underground Utility Annual Contract # 14-6213. The following three quotes were received by the January 22, 2016 due date: Contractor Bid 1 Haskins Inc $342,369.80 2 Mitchell&Stark Construction Company Inc $448,584.40 3 D.N.Higgins Inc $457,265.00 Staff and the Engineering Consultant tabulated and verified the bids. Haskins, Inc., is the apparent low bidder. These quotes are approximately 13%higher than the Engineer's Estimate of$302,675.00. This is due to several reasons:the estimate was calculated as one of three portions together(LASIP—Cope Lane, Crews Road, and Sandy Lane project) and line items were less expensive on the estimate because of economy of scale. The second reason is because of unusual weather conditions recently and currently seen in southwest Florida. Contractors are considering working in the rain during what is traditionally the "dry season". Lastly, contractors are significantly busier with large projects currently, and these smaller ones are not as profitable. Half of the contractors on Annual Contract# 14-6213 did not submit a quote at all. Therefore, staff and the Engineering Consultant recommend awarding the construction contract to Haskins,Inc.,the lowest responsive and qualified bidder. FISCAL IMPACT Funds in the amount of$ 342,369.80 are available in project number 51101, LASIP, within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from the General Fund(001) and Unincorporated Area General Fund(111). With the aforementioned improvements being done to these facilities, the Road Maintenance Division will now add these additional channels, adjacent banks, and access pathways to its maintenance schedule. Maintenance costs for aquatic weed spraying related to the improvements are estimated to be $1200 per year. Additionally, mowing and garbage removal maintenance will be added at an estimated cost of $3500 per year. Packet Page -352- 2/23/2016 16.A.9. GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: To award Work Order # 14-6213-55, to Haskins, Inc, in the amount of $342,369.80 for the construction of the LASIP - Cope Lane and Crews Road portions and authorize the Chair to sign the attached Work Order after final review by the Office of the County Attorney. Prepared By: Shane Cox P.E., Sr. Project Manager/Capital Project Planning, Impact Fees, and Program Management Division Attachments: (1) Quote Tabulation Sheet (2) Construction Contract No.14-6213 (3) Work Order No. 14-6213-55 (4) Engineer's recommendation (5) LASIP Construction Phasing Map Packet Page -353- 2/23/2016 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to award Work Order No. 14-6213-55,to Haskins Inc., for the Lely Area Stormwater Improvement Project (LASIP) -Cope Lane and Crews Road in the amount of$342,369.80, Project No. 51101. Meeting Date: 2/23/2016 Prepared By Name: CoxShane Title: Project Manager, Senior,Capital Project Planning,Impact Fees and Program Management 2/1/2016 2:43:20 PM Submitted by Title: Project Manager, Senior,Capital Project Planning,Impact Fees and Program Management Name: CoxShane 2/1/2016 2:43:22 PM Approved By Name: EvelynColon Title: Purchasing-Procurement Specialist Date:2/3/2016 8:03:54 AM Name: TaylorLisa Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 2/3/2016 10:46:23 AM Name: KearnsAllison Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 2/3/2016 2:03:51 PM Name: ShueGene Title: Division Director-Operations Support,Growth Management Department Date: 2/4/2016 5:26:56 PM Packet Page -354- 2/23/2016 16.A.9. Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 2/8/2016 9:51:01 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 2/10/2016 9:30:29 AM Name: PattersonAmy Title: Division Director-IF, CPP &PM,Capital Project Planning,Impact Fees and Program Management Date: 2/10/2016 12:20:16 PM Name: GossardTravis Title: Division Director-Road Maintenance,Road Maintenance Date: 2/11/2016 7:46:48 AM Name: KurtzGerald Title:Project Manager,Principal,Capital Project Planning,Impact Fees and Program Management Date: 2/11/2016 9:10:21 AM Name: WilkisonDavid Title: Department Head-Growth Management Dept,Growth Management Department Date: 2/12/2016 8:21:20 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/16/2016 1:40:35 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/16/2016 1:56:25 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 2/16/2016 4:12:09 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 2/17/2016 10:17:33 AM Packet Page -355- 2/23/2016 16.A.9. 14-6213-55 Lelv Area Stormwater Improvement Project Crews Road and Cope Lane Bid Form January 1,2016 General Costs(Includes Sections 1 &2) Item No. Item Description Units Quantity Unit Cost Cost 1 101-1 Mobilization LS 1 $30,000.00 $30,000.00 2 101-1-1 Stakeout and record drawing LS 1 $10,000.00 $10,000.00 3 101-1-2 Testing and certifications LS 1 $5,000.00 , $5,000.00 4 101-1-3 Design and Permitting by Contractor(ROW,Clearing,etc) LS 1 $3,000.00 $3,000.00 Fencing Allowance, Use of allowance must be approved by Allowance* LS 1 $4,000.00 $4,000.00 5 the County prior to the execution of the work. TOTAL $52,000.00 *Quantity/location of fencing to be as directed by County Section 1 -Crews Road Estimated Contractor Item No. Item Description Units Quantity Verified Unit Cost Cost . Quantity 6 102-1 'Maintenance of traffic LS 1 1 $3,000.00 $3,000.00 7 104-10-3 Staked silt fence,type III(install and maintain) LF 3,620 1 $2.50 $9,050.00 8 104-15 Soil tracking prevention device EA 1 3620 $2,656.00 $2,656.00 9 104-18 Inlet Protection System EA 1 1 $145.00 $145.00 10 110-1-1 Clearing and grubbing(1.80 AC) LS 1 1.00 $20,000.00 $20,000.00 11 110-1-1 'Remove existing 15"corrugated metal pipe(30 LF) LS 1 1 $1,000.00 $1,000.00 12 120-1 Excavation CY 2,261 2261 $10.00 $22,610.00 13 120-6 Embankment CY 144 144 $29.00 $4,176.00 14 120-6-1 Final site grading SY 4,759 4759 $2.90 $13,801.10 15 160-4 12"Stabilized subgrade(shoulder) SY 1,155 1155 $3.60 $4,158.00 16 160-4 12"Stabilized subgrade(roadway) SY 2,737 2737 $4.15 $11,358.55 17 285-704 6"Limerock(shoulder) SY 1,155 1155 $11.80 $13,629.00 18 285-704 6"Limerock(roadway) SY 2,737 2737 $12.00 $32,844.00 19 425-1-581 Modified type"H"inlet EA 1 1 $14,500.00 $14,500.00 20 430-174-242 53"x 34"Elliptical reinforced concrete pipe LF 40 40 $290.00 $11,600.00 21 430-175-124 24"Reinforced concrete pipe LF 88 88 $75.00 $6,600.00 22 430-175-124A Connect to existing type"H"inlet EA 1 1 $2,800.00 $2,800.00 23 430-982-129 24"Mitered end section EA 2 2 $1,800.00 $3,600.00 24 530-3-4 Rip-rap LS 1 1 $6,275.00 $6,275.00 25 570-1-1 Seed and mulch SY 4,759 4759 $0.65 $3,093.35 26 OC-R-24 Open-cut and restore existing driveway for 24"RCP install _ EA 1 1 $2,500.00 $2,500.00 TOTAL $189,396.00 Section 2-Cope Lane Item No. Item Description Units Quantity Unit Cost Cost 27 102-1 Maintenance of traffic LS 1 1 $5,500.00 $5,500.00 28 110-1-1 Clearing and grubbing(0.22 AC) LS 1 1 $17,000.00 $17,000.00 29 104-10-3 Staked silt fence,type Ill(install and maintain) LF 804 804 $2.50 $2,010.00 30 104-18 Inlet Protection System EA 2 2 $145.00 $290.00 31 110-1-1 Remove existing chain link fence(330 LF) LS 1 1 $1,500.00 $1,500.00 32 120-1 Excavation CY 131 131 $38.00 $4,978.00 33 120-6 Embankment CY 36 36 $80.00 $2,880.00 34 120-6G Final site grading SY 1,067 1,067 $5.75 $6,135.25 35 160-4 12"Stabilized subgrade(shoulder) SY 229 229 $26.00 $5,954.00 36 285-704 6"Limerock(shoulder) SY 229 229 $27.00 $6,183.00 37 425-1-521 Type"C"Inlet EA 2 2 $4,100.00 $8,200.00 38 430-175-124 24"Reinforced concrete pipe LF 48 48 $100.00 $4,800.00 39 530-3-4 Rip-rap LS 1 1 $3,400.00 $3,400.00 40 550-10-222 Replace fence-black vinyl coated chain link(6'high) LF 345 345 $50.00 $17,250.00 41 570-1-1 Seed and mulch SY 1,067 1,067 $0.65 $693.55 42 OC-R-24 Open cut and restore Cope Lane for 24"RCP install EA 1 1 $3,200.00 $3,200.00 43 RE-1 Rehab existing road(1,140 SY) LS 1 1 $11,000.00 $11,000.00 TOTAL $100,973.80 GRAND TOTAL(Lump Sum) $342,369.80 Packet Page -356- 2/23/2016 16.A.9. AGREEMENT 14-6213 for Underground Utility Contractors THIS AGREEMENT is made and entered into this ' day of ,J ck1yy , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political Abdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Haskins, Inc., as a authorized to do business in the State of Florida, whose business address is 10956 Enterprise Avenue, Bonita Springs, Florida 34135 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The Contract shall be for a period of twenty-four (24) months. The contract shall be for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that date, or until such time as all outstanding Work Orders/Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have two (2) additional, two (2) year renewals. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete Underground Utility services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #14-6213 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. All Contractors awarded within the two (2) categories (Field/Underground Utilities & Plant/Facility Utilities) are required to perform within the on call rotation. The Department of Procurement Services and the Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call week" it shall be the responsibility of the Contractor to arrange an exchange of weeks. This Contract is divided into two (2) categories, Field/Underground Utilities and Plant/Facility Utilities. Category Contractors Mitchell & Stark Construction Co., Inc. Field/Underground Douglas N. Higgins Inc. Utilities Quality Enterprises USA, Inc. Kyle Construction, Inc. Haskins, Inc. Southwest Utility Systems, Inc. Page-1- Packet Page -357- 2/23/2016 16.A.9. Category Contractors Mitchell & Stark Construction Co., Inc. Douglas N. Higgins Inc. Plant/Facility Utilities Quality Enterprises USA, Inc. Haskins, Inc. Procedures—Non Emergency Work The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of$50,000 (or current County bidding threshold) or less is outlined below: 1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a relatively even distribution of work. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within seven (7) business days, or as specified in the Summary of Work. 3. Issuance by Owner of a numbered Work Order/Purchase Order. (The Work Order number is the same as the Purchase Order number.) Procedures for projects with a value of$50,000 to$200,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order. Procedures for projects with a value of$200,000 to $750,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order; Board of County Commissioners approval is required. 3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1) Contractor designated for a one (1) week period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded a contract as a result of RFP #14-6213. The annual schedule will be developed at a meeting of all selected Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3) months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this contract, this Contract may be subject to termination. Page-2- Packet Page -358- 2/23/2016 16.A.9. 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 5. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in wilting and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Haskins, Inc. 10956 Enterprise Avenue Bonita Springs, Florida 34135 Phone: (239) 947-1846 Fax: (239) 941-3857 Attn: Harlan Haskins, President hhaskins a( haskinsinc.net All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP; Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but 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. 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be .. objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Page-3- Packet Page -359- 2/23/2016 16.A.9. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor 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 Contractor or anyone employed or utilized by the Contractor 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. 12.1 The duty to defend under this Article 12 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 12 will survive the expiration or earlier termination of this Agreement until it is Page-4- Packet Page -360- 2/23/2016 16.A.9. 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. BONDS: A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration, the Contractor(s) may be required to provide Payment and Performance Bonds. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit"C". 15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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(9)any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS: A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Page-5- : Packet Page -361- 2/23/2016 16.A.9. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 19. COMPLIANCE WITH LAWS: 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP: 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. 21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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. Page-6- Packet Page -362- 2/23/2016 16.A.9. 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS: 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 to the Owner 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 Owner. 25. PROTECTION OF WORK: A. 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 anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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. Page-7- f,"~' Packet Page -363- 2/23/2016 16.A.9. 27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work(or designated portion thereof)to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative punch list of items (if applicable)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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit"B". (2) Consent of Surety (if applicable)to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice of acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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 complete the Work in a timely manner. i,.�t, Page-8- Packet Page -364- 2/23/2016 16.A.9. 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. 29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Public Utilities Division. 30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6213, any addenda, any Quotation/Work Order/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations/Work Order/Purchase Order. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: 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 III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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. 32. SUBJECT TO APPROPRIATION: It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX: 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. 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 exclusive jurisdiction on all such matters. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY: If required, Contractor 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. Page -9- Packet Page -365- 2/23/2016 16.A.9. 39. 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 Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County'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 exclusive jurisdiction on all such matters. 40. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the • work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ******* Page-10- Packet Page -366- 2/23/2016 16.A.9. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: 3' COLLIER COUNTY, F ORIDA Dwight E ;:I 'ock, Clerko gourts / t J f By I r. taxzssi -�' - J i o r ennm Cha s Dated: 10 •Attest as to'ctra(Seat • signature only. Haskins, Inc. Contractor t' ,Q, By: First Witness Signature ` Sd 'r /cy an f t'f z Se.cr dixcy Print Name!nd Title Print Name and Title Se nd Witness Print Name and Title A•pr• ed as to orm and Legality: Asaiat'dt it County Attorney (61 1�tput�y Page-11- Packet Page-367- 2/23/2016 16.A.9. EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address)are held and firmly bound to as Oblige in the sum of ($, ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_,with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of , 20 , the name of under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 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 Commission No.: Page-12- Packet Page -368- 2/23/2016 16.A.9. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- Packet Page -369- 2/23/2016 16.A.9. EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20._, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page-14- Packet Page -370- 2/23/2016 16.A.9. 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201_, 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 Commission No.: Page-15- Packet Page-371- 2/23/2016 16.A.9. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-16- Packet Page -372- 2/23/2016 16.A.9. EXHIBIT B 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 (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) 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 [Corporate Seal] 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.: Page-17- Packet Page -373- 2/23/2016 16.A.9. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 14-6213 (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4)and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page-18- Packet Page-374- 2/23/2016 16.A.9. EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 14-6213 BCC Date: Agenda Item: TO: Name of Contact; Company Name; Company Address DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 20 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit FOR THE (Additive) (Deductive) Sum of: $ (8 ); write out in words. Original Agreement Amount $ Sum of Previous Changes $ This Change Order add or deduct $ Present Agreement Amount $ The time for completion shall be increased or decreased by calendar days due to this Change Order. Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Prepared by: Date: name, Project Manager department name Approved By: Date: name, Design Professional (may not apply) firm name Accepted by: Date: firm-principal's signature, name&title firm name Approved by: Date: Department Director, Department Approved by: Date: Division Administrator, Division Page-19- Packet Page -375- 2/23/2016 16.A.9. ACCIRTI CERTIFICATE OF LIABILITY INSURANCE ( 719/21 4 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I 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 pollcy(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: Stephanie Wilkinson Brown&Brown of FL,Inc.-Fort Myers PHONE y INC.No.Ext1:239-274-1430 FAX No1:239 278 5306 3820 Colonial Boulevard E-MAIL Suite 200 ADDRESSswilkinsongobftmyers.com Fort Myers FL 33912 INSURER(S)AFFORDING COVERAGE MAIC0 INSURER A_National Trustlns Co` 20141 INSURED INSURER B.FCCI_Commercial Ins Co 33472 Haskins,Inc. INSURERC:FCCI_INS CO 10178 H&K Equipment Sales& Rentals, Inc. INSURER D: 10956 Enterprise Ave. Bonita Springs FL 34135 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1681065471 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. A-DDL SU:- POLICY EFF POLICY EXP LIMITS INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYYI (MM/DDIYYYYI A GENERAL LIABILITY Y GL00056588 7/1/2014 7/1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(a occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 X POLICY I^ JFCT X LOC F- A AUTOMOBILE LIABILITY GA000474911 7/1/2014 7/1/2015 (Ea accident)SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ • ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE 3 HIRED AUTOS _ AUTOS (Per accident) • Personal Injury $10,000 A UMBRELLA LIAB X OCCUR UMB00067467 7/1/2014 7/1/2015 EACH OCCURRENCE $2,000,000 EXCESS IJAB T CLAIMS-MADE AGGREGATE 52,000.000 DED X RETENTION 810,000 $ C WORKERS COMPENSATION y 54191 7/1/2014 7/1/2015 X TORY I ATLI- _()TH- ANE)EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE© NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $1,000,000 B Leased/Rented Equipment CM00031688 7/1/2014 7/1/2015 Leased/Rented Equip $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,F more space Is required) Contract#14-6213 Underground Utility Regarding the General Liability, Board of County Commissioners for Collier County is an Additional Insured. A Waiver of Subrogation applies to the General Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners for Collier County ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Page -376- 2/23/2016 16.A.9. COMMERCIAL G�ivCrvAL.Lira:111-11 r CGL 026(11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - LIABILITY FOR ACTIONS OF NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement is subject to the terms,conditions, exclusions and any other provisions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. Section II -Who is an Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured but only with respect to your negligent actions, which cause liability to be imposed on such person or organization without fault on the part of said person or organization, caused by"your work" performed for that insured. All policy exclusions relating to you in the Commercial General Liability Coverage Form, including any exclusions added by endorsement,shall apply to any additional insureds herein. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"Bodily injury","property damage"or"personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, including: 1. The preparing,approving,or failing to prepare or approve, maps,shop drawings, opinions,reports, surveys, field orders, change orders or drawings and specifications;or 2. Supervisory, inspection, architectural or engineering activities. This endorsement does not apply to any Additional Insureds scheduled on the CG 20 10,CG 20 37, CGL 005 or CGL 021 endorsements,when any of those endorsements are also attached to the Commercial General Liability Coverage Form. CGL 026(11 08) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyric Packet Page-377-'e Group. 2/23/2016 16.A.9.'� • WQRIC.QR.AER./.QURCHASE 4RDER_.14-Cl I3-SS Contract 14-6213"Underground Utility Contractors" Contract Expiration Date: 8 JULY ,2016 This Work Order is for construction services to build stormwater management facilities,known as: Project Name:Lely Area Stormwater Improvements Project—Cope Lane/Crews Road Improvements Project No: 51101 The work is specified in the quote dated January 8,2016 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above,this Work Order/Purchase Order is assigned to:Haskins Inc. Scope of Work: As detailed in the attached proposal and the following: * Construct the Cope Lane&Crews Road portions of Lely Area Stormwater Improvements Project (LASIP) in accordance with the bid schedule and documentation submitted, which are attached and made part of this Work Order. Schedule of Work: Complete work within 150 days from the date of the Notice to Proceed which will be forthcoming. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 14-6213 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above,the County will compensate the Firm in accordance with following method(s): ® Lump Sum (Quote) [JLump Sum Plus Reimbursable Costs(LS+RC)❑Time&Material(T&M)(established hourly rate—Schedule A)❑ Cost Plus Fixed Fee(CPFF),(define which method will be used for which tasks)as provided in the attached proposal. TOTAL FEE $342,369.80. Prepared by: `" ° Date: '` " 1 Shane Cox PE,Sr Project Manager Capital Project Planning,Impact Fees&Program Management Division APPROVED BY: :r42/ 4, Y1%6 2/4/1 6 Gerald N Kurtz PE,Principal Project Manager Date Capital Project Planning,Impact Fees&Program Mgmt Division Page 1 of 3 Packet Page-378- 2/23/2016 16.A.9. APPROVED BY: PaCMA4-4h} .2-5—/c„ Amy Patte ,Division Director Date Capital Project Planning,Impact Fees&Program Mgmt Division APPRO VED BY: 1 Z A l 1 6 � David S. Wilkison " Date Department Head Growth Management Department APPROVED BY A A_ ai AA 4 &11 i 6 I f& Eve yn Colbn,P rement Strategist Date Purchasing Division By the signature below,the Firm(including employees,officers and/or agents)certifies,and hereby discloses, that,to the best of their knowledge and belief,all relevant fads concerning past,present,or currently planned interest or activity(financial,contractual,organizational,or otherwise)which relates to the proposed work;and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally,the Firm agrees to notify the Procurement Director,in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Haskins,Inc z�y llu Ry aePhee Estimator Haskins Inc. Page 2 of 3 R Packet Page -379- 2/23/2016 16.A.9.IF IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E.Brock,Clerk of Courts COLLIER COUNTY,FLORIDA By: By: Donna Fiala,Chairman Dated: (SEAL) Name of Firm By: First Witness Signature tType/print signature and title's tType/print witness namef Second Witness tType/print witness namel' Approved as to Form and Legality: Assistant County Attorney Print Name Page 3 of VI 1 0 „, _ c---- Packet Page-380- 2/23/2016 16.A.9. Cofer County Administrative Services Department Procurement Services Div,sion REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities&General Contractors" Date: January 8, 2016 • From: Shane Cox PE,Sr Project Manager 239-252-5792,Telephone Number shanecoxccolliergov.net To: Potential Proposers Subject: RFQ 146213-66 LASIP/Cope Ln/Crews Rd Stormwater Improvements As provided in the referenced contract, the Collier County Growth Management Department is soliciting quotes for the referenced project. RFQ Due Date: 2:00 PM 1/22/2016 Q&A Deadline: 5:00 PM 1/19/2016 Pre-Quote Meeting no Number of Days to Final Completion: 120 Days Substantial+30 Days Final=150 Days Total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $758.00 per day(fr FOOT Manual) Payment&Performance Bands Yes,if project value exceeds$200,000.00 Your quotation response for this project is due no later than the date and time specified above.We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically,your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified.We look forward to your participation In this request for information/quotation process. Haskins Inc. Firm's Complete Legal Name 239-947-1846/239-947-3857 Telephone Number/Fa ber .Estimator,Secretary Title Ryan MacPhee 1-22-16 Print Name Date C:Shane Cox/Sr Project Manager 1 RFQ I4-6213-54 C9t Packet Page-381- 2/23/2016 16.A.9. Leiv Area Stormwater improvement Project Crews Road and Cope Lane Bid Form General Costs(lncudes Secttans 1&2) Item No. Item r%Abn Units Quantity Unit Cost Cost 1 101-1 Mobilzation LS 1 $30,000.00 $30,000.00 2 101-14 Stakeout and record drawing LS 1 $10,000.00 $10,000.00 3 101-1-2 ,Tearing and cartillosions LS 1 15,000.00 $5,000.00 4 10111-3 Design and Pemdttktg by Contracor(ROW,Cle arks,etc) LS 1 $3,000.00 $3,000.00 Allowance' Farming Allowance.Use of«Iown by as must be approved One is 1 $4,000.00 $4.000.00 5 County prior to the execution of the worts. *gtuantnyAocabon e>< TOTAL $52,000.00 - fencing to be as directed by County Section 1-Crews Road item No. Item Description Units Estimated y Contractor Unit Cost Cost Quantit 6 102-1 Mandenance of l a(ic LS 1 1 ' $3,000.00 $3,000.00 7 104-104 Slaked silt fence,type III(install and maintain) LF 3,620 1 $2.50 *9.050.00 $ 104-15 Sod tracking prevention devioe EA 1 3620 $2,658.00 $2,656.00 9 104.18 Inlet Protection System EA 1 1 $145.00 $145.00 10 110-1-1 Clearing and grubbing(1.80 AC) LS 1 1.00 $20,000.00 $20,000.00 11 110-14 Remove existing 15"combated metal pipe(30 LF) LS 1 1 $1,000.00 _ $1,000.00 12 120-1 Excavation CY 2,281 2281 $10.00 $22,610.00 13 1204 Embankment CY 144 144 $29.00 $4,176.00 14 12041-1 -Final site grading SY 4,759 4759 $2.90 $13,1301.10 15 160-4 12'Stabilized*deride(shoulder) SY 1,156 1155 $3.60 14,158.00 18 1604 12'Stabilized subgrede(roadway) SY 2,737 2737 $4.15 $11,358.55 17 285.704 6"Lknerodc(ehouldor) SY 1.155 1155 $11.80 $13,629.00 15 205-704 8'Lknerock(roadway) SY 2,737 2737 $12.00 $32,844.00 19 4254401 Modified type'IF Inlet EA 1 1 $14,500.00 $14,500.00 20 430-174-242 53"x34"Elliptical reinforced concrete pipe LF 40 40 $290.00 $11,600.00 21 430-176 424 24"Reinforced concrete pipe LF 88 88 $75.00 $6.800.00 22 430-175-124A Connect to existing type If inlet EA 1 1 $2,800.00 $2,800.00 _ 23 430452-129 24"Mewed end section EA 2 2 $1,800.00 $3,600.00 24 63034 Rip-rap LS 1 1 $8,275.00 $8,275.00 26 570-1-1 Seed and mulch SY 4,759 4759 $0.65 $3,093.35 25 OC-R-24 Open-cut and restore existing driveway for 24"RCP Install _ EA 1 1 $2,500.00 $2,500.00 TOTAL $169,398.00 Section 2-Cope Lane Item No. Item Dsscr p0on Units Quantity Unit Cost Cost 27 1024 Maktbnunce of traffic LS 1 1 $5,500.00 $5,500.00 28 110.1.1 Clearing and grubbing(0.22 AC) LS 1 1 $17.000.00 $17,000.00 29 104-10-3 Staked alit fence,type ill(Instill and maitiain) LF 804 804 $2.60 $2,010.00 30 104-18 inlet Protection System EA 2 2 $145.00 $290.00 31 110-1-1 Remove existing chain tint fence(330 LF) IS 1 1 $1,500.00. $1,500.00 - 32 120-1 Excavation CY 131 131 $38.00 $4,978.00 33 1204 Embank/nerd CY 36 36 $80.00 $2.880.00 34 12040 Final site grading SY 1,067 1.067 $5.75 $6,135.25 35 100-4 12"Stabilized subgrade(shoulder) SY 229 229 $28.00 $5,954.00 38 288.704 6'Llmmnck(shoulder) SY . 229 • 229 $27.00 $8,183.00 37 425-1421 Type"C"Inlet EA 2 2 14.100.00 $8.200.00 38 430-178.124 24"Reinforced concrete pipe tF 48 46 $100.00 $4,800.00 39 530.34 REp-rep LS 1 1 $3,400.00 $3,400.00 40 550-10-222 Replace fence-black vinyl coated chain Ink(6'high) LF 345 345 $50.00 $17,250.00 41 670-1.1 Seed and mukfi SY 1,087 1,067 $0.65 $89355 42 QC-R-24 Open cut and restore Cope Lane for 24"RCP install FA 1 1 $3,200.00 $3,200.00 43 RE-1 ,Rehab Iodating road(1,140 8Y) LS 1 1 111,000.00 $11,000.00 TOTAL $100,913.80 , I GRAND TOTAL(Lump Sum) $342,369.80 E.,:,. Packet Page -382- :; { 2/23/2016 16.A.9. NINE21 SINCE 1946 ENGINEERING February 12,2016 Mr. R. Shane Cox Sr. Project Manager Capital Project Planning, Impact Fees & Program Management 2885 South Horseshoe Drive Naples, FL 34104 Re: RFQ 14-6213-55 LASIP/Cope Ln/Crews Rd Stormwater Improvements Low Bidder: Haskins, Inc. Dear Mr. Cox: The bid opening for the above-referenced project took place on January 22, 2016 and Collier County provided the results to Johnson Engineering that same day. Johnson Engineering performed an evaluation of the results and our recommendation is contained herein. Collier County received three (3) bids by the deadline established on the Request for Quotation. The bids received at the bid opening performed by Collier County listed below are from lowest to highest: BIDDER BASE BID AMOUNT Haskins, Inc. $342,369.80 Mitchell & Stark Construction, Inc. $448,584.40 Douglas N. Higgins, Inc. $457,265.00 Based upon our review, the low bidder, Haskins, Inc. appears to be a reasonable and responsive bid. Subject to concurrence with Collier County's Purchasing and Contracts Division, and the contractor furnishing the appropriate bonding and other required insurances, we believe selection of Haskins, Inc. by Collier County for the intended work contained within the bid documents to be an appropriate choice. Should you have any questions,or require additional information,please let me know. Sincerely, JOHNSON ENGINEERING,INC. 2350 Stanford Court. Naples,Florida 341120 (239)43 Packet Page-383-_eng.com 2/23/2016 16.A.9. . ., . _ '-,:,,,,,,:-.,,,, ,,,,,,:,;.. 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