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Agenda 02/12/2013 Item #11A 2/12/2013 11 .A. EXECUTIVE SUMMARY Recommendation to deny the formal protest objection and uphold the Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5931 Master Pump Station 312 Rehabilitation as Projects 72549 and 70050; prohibit Poole& Kent from benefiting from the Board's local vendor preference for one(1) year; and, approve the award for the above mentioned ITB to contractor Douglas N. Higgins, Inc. in the amount of$5,961,000.00 and authorize the Chairwoman to execute the agreement. OBJECTIVE: To determine the final resolution of the formal protest decision issued by the County's Purchasing Director (adopted by the County Manager), and subsequent objection by Poole & Kent Company of Florida, and finalize the solicitation recommendation for the Master Pumping Station (MPS) 312 Rehabilitation project. CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirements for a program to rehabilitate wastewater pumping stations. The proposed scope of work for Project 72549, Lift Station/MPS Mechanical Improvements and Project 70050, Master Stations Technical Support, are consistent with the 2010 Wastewater Capital Improvement Projects Update, Page 2 of 4, as line 58 and line 68, respectively, as identified in the 2011 User Fee Rate Study. MPS 312 is a 20-plus year old MPS located northwest of the intersection of County Barn Road and Davis Boulevard. This is a highly sensitive area with residences in close proximity, two environmentally sensitive bodies of water, and high visibility to the public traveling along Davis Boulevard. NIPS 312 is adjacent to the Glen Eagle Planned Unit Development and its golf course to the north, a drainage canal running east and west along the north side of Davis Boulevard, and next to a large Florida Department of Transportation storm water pond. Rehabilitating this high priority MPS is part of a multi-year Board-approved program that addresses an infrastructure that has reached the end of its useful life, and represents undue risk for remaining in compliance and meeting demand. Included in the scope of work for this project is the repair or replacement of equipment and appurtenances that are beyond their useful life, upgrading of structures to meet current codes, replacement of wet well pumps, piping, and electrical controls, repair or replacement of influent and effluent force mains, improvements to generator and standby power reliability, and improvement of site access. Fencing and odor control are included to meet the standards of security and the good neighbor policy. Access to this station for maintenance and emergency pumping can only be gained via a paved golf cart path between two residences. To alleviate this impact on the Glen Eagle neighborhood, two new access points will be constructed; a new box culvert bridge between MPS 312 and Davis Boulevard, and an access road from the west from the Whittenberg Planned Unit Development. This will eliminate the need for the original access and will minimize disruption to the residents of Glen Eagle. This project also contains $100,000 of Stormwater Management funded capital improvements to the canal along Davis Boulevard in front of MPS 312, which is part of the Lely Area Stormwater Improvement Plan (LASIP). The Public Utilities Division teamed with the Growth Management Packet Page -207- 2/12/2013 11 .A. Division's Transportation Department and closely coordinated this work so that there is only one mobilization/demobilization resulting in a cost savings, and to ensure that there is no rework as a result of the two projects occurring in the same proximity. The bid contains an allowance that is identified as work for unforeseen field conditions that will not become apparent or manifest themselves until construction commences. The allowance is identified for specific unforeseen conditions, is owner-directed via work directives, and if the funds are not used or needed for unforeseen conditions, the money will revert to the county via a deductive change order/credit. The allowance is in the amount of$578,784 and will be utilized for any latent unforeseen site and field conditions that manifest themselves once construction commences. These could include buried piping, electrical ducts or conduits that are unknown at this time, or items related to the demolition, unknown buried piping, unknown electrical duct banks or conduits, and unknown soil conditions. The Purchasing Department certified that notification for the ITB #12-5931 Master Pump Station 312 Rehabilitation was electronically advertised to approximately 1,789 registered vendor email addresses on July 29, 2012, and closed for submittals on August 21, 2012. 192 solicitation packages were downloaded; there were four (4) submitted responses; zero (0) "no-interest" responses; and zero (0)were deemed non-responsive. The order of the contractors by lowest to highest submittal was: Firm Name Location Offer Poole &Kent Miami $5,961,000.00 Douglas N. Higgins Inc Naples $6,036,484.00 Manhattan Naples $7,366,784.50 Mitchell & Stark Naples $9,593,902.00 The Poole & Kent Company of Florida (Poole & Kent) appeared to be the lowest responsive bidder at the time of bid submittal. The firm declared themselves as a local vendor under the Board's Purchasing Policy (XI. Preference to Local Businesses in Collier Contracts). After further review by the Purchasing staff, and in consultation with the County Attorney's Office, it was determined that the Poole & Kent Company of Florida (address as identified on the affidavit as 1200 Kismet Parkway West, Cape Coral, Fl 33993): • Submitted a completed and notarized Affidavit for Claiming Status as a Local Business, indicating that 128 employees are employed in Collier and Lee Counties since 2006 and 73 of those employees live in Collier and Lee Counties; • is registered with the State of Florida Division of Corporations with their principal address in Miami, FL; • Is registered with Lee County Tax Collector (business tax receipt available) and is not registered with the Collier County Tax Collector; • Has not made payment to Lee County for real property or tangible property taxes; and • Identified a property address (on the Affidavit) owned by the City of Cape Coral. The Purchasing staff confirmed with Poole & Kent by telephone that their trailer was on the City of Cape Coral property site. The Purchasing staff determined that the Poole & Kent Company of Florida did not meet the conditions of the Board's Policy on local vendor preference based on the facts above, and the Packet Page-208- 2/12/2013 11 .A. decision made by the Board on March 9, 2010 (Agenda Item 10D) where similar facts were presented. (In that instance, the apparent lowest responsive bidder [Cardinal Construction] operated a construction trailer on Marco Island, claimed "local preference," and employed Collier County residents; however, the company's registration with the State of Florida Division of Corporations demonstrated a principal address in Sarasota, FL, and the company did not provide evidence of a business tax license. In consideration of the facts that led to the final decision, the Board considered that Cardinal Construction lacked a "permanent" physical business address and that the company had not paid real property or tangible property taxes to the County. In summary, the Board determined that there was not significant evidence of a contribution to the local economy.) In this current case [ITB 12-5931], the Purchasing staff offered Douglas N. Higgins Inc the "right to match" the lowest responsive non-local offered price, and received evidence of their acceptance, along with a copy of their "Drug-Free" affidavit. The Purchasing Department publicly announced the recommendation of award to Douglas N. Higgins Inc on August 28, 2012; subsequently Poole &Kent filed an award protest on September 6, 2012. The Purchasing Director considered the allegations and facts proffered by Poole & Kent's attorney (Arnstein & Lehr), including the review of each of the bidders notarized Affidavits for Claiming Local Vendor Preference. The Poole & Kent Affidavit for Claiming Status as a Local Business appears to contain false information intended to establish the company as a "local vendor" because it identified a local address of 1200 Kismet Parkway West, Cape Coral, FL 33993, which doesn't, and hasn't, had any type of structure on site; either permanently affixed, or a temporary construction trailer, from which to conduct business for a very long time. This information was obtained from the Lee County property records; City of Cape Coral Utilities department's aerial records and pictures obtained from 2008, 2010, 2011 and 2012. In a conversation with project manager Thomas Machinski (MWH Global) who was responsible for a City of Cape Coral project at this location, Mr. Machinski advised that the project"closed out" in April 2010; (as a subcontractor on that project, Poole & Kent had occupied a construction trailer at that site). This trailer was moved from this location prior to February 2011. Based upon all of those facts, The Purchasing Director opined that there was no presence of a Poole & Kent Office at 1200 Kismet Parkway West, Cape Coral, FL 33993 at the time the above mentioned bid submission was turned in, nor was there one at that location one year prior to the date of the bid submission. Accordingly, it was the decision of the Purchasing Director to disqualify Poole & Kent's bid submission for submitting false information in its notarized Affidavit for Claiming Status as a Local Business, and to direct staff to move forward with award for this solicitation to Douglas N. Higgins Inc. This decision to disqualify Poole & Kent's bid renders all remaining arguments regarding the County's Local Vendor Policy as moot. Pursuant to Section XIX.F of the Board's Purchasing Policy, on September 19, 2012, Poole & Kent's attorney issued a written objection to the Purchasing Director's decision and requested that the County Manager appoint an independent hearing officer to review the facts and conduct a hearing regarding Poole & Kent's bid protest. The County Manager upheld the Purchasing Director's decision and denied the request. On November 1, 2012, County staff received a signed notarized affidavit from City of Cape Coral's Chief Plant Operator since 2007, Andrew Fenske, whose office is located at the City's Treatment Plant located at 1200 Kismet Parkway West who swore, in part, that: Packet Page-209- 2/12/2013 11 .A. 1. Poole and Kent had an office trailer, and other trailers sometime in 2007 for storing tools and materials for a job at the 1200 Kismet Parkway West Cape Coral job site; 2. Sometime in the fall of 2010, the office trailer was removed from the plant and never brought back, leaving only storage trailers present at the City's treatment plant; and 3. To the best of his knowledge,the City of Cape Coral does not allow private companies to conduct non-city related business to the general public on City property. A copy of Mr. Fenske's Affidavit is attached for the Board's consideration. Although the facts clearly support the conclusion that Poole & Kent is not a local vendor under the County's Purchasing Policy, a thorough analysis confirms that Poole & Kent is not even eligible for consideration under that policy. Special emphasis should be noted that the address Poole & Kent provided in its Affidavit for Claiming Status as a Local Business is located on City of Cape Coral property. After the County adopted its Local Vendor Policy, it entered into a "Local Vendor Preference Reciprocity Agreement" with Lee County on October 14, 2008. (See copy attached). Through that agreement, Lee and Collier Counties agreed to deem vendors with physical business addresses in each other's jurisdiction as "local" for preference purposes. Collier and Lee only have jurisdiction to bind the unincorporated portions of their respective counties; and not the municipalities located within their respective incorporated portions. Notably, Collier County also entered into a separate "Local Vendor Preference Reciprocity with the City of Bonita Springs on July 28, 2009. This is consistent with the Collier County Purchasing Policy Section X1(5) that allows Collier to enter into reciprocity agreements with "Lee County, or any other Florida county or municipality . . . deemed appropriate by the Collier County Board of Commissioners. . . 1.]" Collier County has not entered into a Reciprocity Agreement with the City of Cape Coral. Therefore, Collier County is not bound to grant any local vendor preference to a business (regardless whether it has a physical business address) located within the City of Cape Coral; especially involving a storage trailer actually located on City property. Finally, it bears noting that although the City of Cape Coral's Purchasing Policy does incorporate a form of local vendor preference, it is not equally applied to Collier County businesses. The Code of Ordinances of the City of Cape Coral, Florida, Section 2-144(a)(l0) provides a preference for contractors submitting competitive sealed bids but it does not specifically identify Collier County businesses as an eligible "local contractor/vendor" under its policy. The Cape Coral Ordinance does incorporate a slight preference for Collier County professional firms (engineers, consultants, etc.) submitting qualification based proposals but even that benefit is limited by adding the following points or percentages to the scores: • Cape Coral professionals receive ten points or 10% • Lee County professionals receive seven points or 7% • Collier, Charlotte, Glades and Hendry County professionals receive three points or 3% Code of Ordinances of City of Cape Coral § 2-144(h)(4)(c). Packet Page-210- 2/12/2013 11 .A. By comparison, the preferential treatment Collier County provides Lee County and the City of Bonita Springs under the respective Reciprocity Agreements provides a match opportunity for their eligible competitive bid contractors and also provides 10 points or 10%to the total score of professionals submitting qualification based proposals. Collier County has no such reciprocal arrangement with the City of Cape Coral; therefore, Poole and Kent is not eligible to be treated as a local vendor under Collier County's policy. On November 19, 2012 (Item 11 E and 11 F), after hearing arguments presented by Poole and Kent's attorney, Mr. Stuart Sakwa, the Board continued this item. The County Attorney's Office conferred with outside counsel to determine if the arguments presented were substantive with respect to the decision made by the Purchasing Director in the application of the local vendor preference and due process. Based on the collective opinion of the County Attorney's Office and outside counsel, Staff recommends that the Board deny the formal protest objection and uphold the Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5931 Master Pump Station 312 Rehabilitation as Projects 72549 and 70050; prohibit Poole & Kent from benefiting from the Board's local vendor preference (XI (1)) for one (1) year; and, approve the award to contractor Douglas N. Higgins, Inc. in the amount of$5,961,000.00 and authorize the Chairwoman to execute the agreement. FISCAL IMPACT: Other than the costs of the Board awarding the resultant contract for ITB #12-5931 Master Pump Station 312 Rehabilitation, future expenses are undetermined at this time. Funding is available and is consistent with the FY2013 Capital Budget approved by the Board on September 20, 2012. The source of funding is the Wastewater User Fee Fund (414). The scope of work associated with the LASIP portion of this project will be funded by the Stormwater Management Capital Improvement Project Funds (325). LEGAL CONSIDERATIONS: On November 19, 2012, the Board heard the arguments of Poole & Kent's attorney and, at the request of the County Attorney's Office, continued this item so that the issues raised by the protesting party at the meeting could be further evaluated. After reviewing those issues and conferring with outside counsel, it remains the recommendation of this office to deny Poole & Kent's protest. The various issues previously raised by Poole & Kent are addressed below. ISSUE NO. 1 POOLE & KENT LACKS STANDING TO PROTEST BECAUSE IT SUBMITTED FALSE AND/OR MISLEADING INFORMATION IN ITS BIDS Pursuant to the bid specifications in the solicitation, as well as the Purchasing Policy, a local business is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or service to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. See Purchasing Policy Section XI(1). Poole & Kent submitted an affidavit claiming status as a local business (the "Affidavit"). In the Affidavit, Poole & Kent represented that it had a local business address of 1200 Kismet Parkway Packet Page-211- 2/12/2013 11 .A. West, Cape Coral,Florida. Poole &Kent submitted the Affidavit in order to qualify for the local preference designation pursuant to the bid specifications and Collier County's Purchasing Policy. AdioN, An investigation by the County determined that Poole & Kent did not have a physical business address in either Collier or Lee County from which it operated or performed business. The County determined that, at best, Poole & Kent maintained only a storage trailer at the address listed in the Affidavit. In addition, the County received the Affidavit of Andrew Fenske, the Chief Plant Operator for the City of Cape Coral's treatment plant. He verified that the address listed by Poole & Kent is owned by the City of Cape Coral. Further, a Poole & Kent trailer that sits on the property at that address was used only for the City's treatment plant project. In addition, the City of Cape Coral forbids companies, such as Poole &Kent, from conducting non- city related business with the general public on City property.' Based on this information, it is apparent that Poole & Kent does not own or occupy the address listed in its local business affidavit. Further, it does not operate or perform business from that address. Based on Poole and Kent's misrepresentation in its bid submittals, Collier County has the ability pursuant to the ITBs and the Purchasing Policy to reject Poole & Kent's bids. In Florida, a "contract cannot be awarded to a vendor who misrepresents information in its bid to make itself appear compliant with the solicitation requirements. To allow such would only encourage other vendors to make misrepresentations in their bids." Keystone Peer Review Organization, Inc. v. Agency for Healthcare Administration, 2010 WL 5581918, 13-14 (Fla.Div.Admin.Hrgs.); citing Statewide Process Service of Fla., Inc. v. Department of Transportation, 1995 WL 1053244, 4 (Fla.Div.Admin.Hrgs.). In Keystone Peer Review, the hearing officer concluded that where a misrepresentation or irregularity gives one vendor an unfair competitive advantage, it cannot be waived and the bid is materially non-responsive. See Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So.2d 1190 (Fla. 2d DCA 1977)("the test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive character is whether the variation affects the amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders."). In addition, Collier County's Code of Ordinances, Section 2-187 defines "qualified bidder" or "qualified offeror" as, "a person who has the capability in all respects to perform fully the contract requirement and has the integrity and reliability which will assure good-faith performance." "A vendor who makes admitted misrepresentations to an agency can hardly be considered to have the `integrity and reliability' necessary to be a responsible bidder." Keystone Peer Review, 2010 WL 5581918, at 14. Further, Collier County is permitted to consider the factors listed in the ITBs in determining whether a particular bidder is "responsible" to bid on a construction project. Eng'g Contractors Ass'n. of S. Florida, Inc. v. Broward County, 789 So. 2d 445, 451 (Fla. 4th DCA 2001). 'Notably, Poole & Kent recently submitted a bid on another unrelated County project and listed as its "local address"a property that belongs to the City of Naples-1000 Fleischman Boulevard. The City of Naples's Finance Director confirmed in an email,that as to that property: (1)the property is owned by the City,(2)Poole&Kent has three trailers on the City's property for material storage, tool storage and for the project supervisor, and (3) that Poole & Kent is not supposed to conduct non-city business with the general public on City property, cannot claim the site as its place of business and does not have a City of Naples business tax receipt. Poole&Kent's continued sworn misrepresentation that it has a local address is unacceptable. In fact, Section XI (1) provides the following sanction: "A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year." Packet Page-212- 2/12/2013 11 .A. The "Public Notice" section of each of the solicitations states, "the Owner (County) reserves the right to reject all bids or any bid not conforming to the intent and purpose of the Bidding Documents." (emphasis added). Similarly, Section 4 of each of the solicitations titled "Right to Reject Bids" states, "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." In addition, Section VI of the Collier County Purchasing Policy pertains to the competitive bid process. Subsection D, titled "Rejection Of Bids And Negotiation" states "the Board of County Commissioners shall have the authority to reject any and all bids." Based on the above, the County clearly has the ability to reject and/or disqualify Poole & Kent's bid. A bidder who is ineligible to be awarded the contract at issue does not have standing to protest the award. Preston Carol Co., Inc. v. Florida Keys Aqueduct Authority, 400 So. 2d 524 (Fla. 3d DCA 1981); Enabling Technologies Co. v. Fla. Dept. of Labor & Employment Security, 1996 WL 1060412 (Fla. Div. Admin. Hrgs.); Keystone Peer Review, 2010 WL 5581918, at 13-14 (the hearing officer determined that because the vendor misrepresented information in its ITN response, it did not have standing to challenge or otherwise request the award of the contract.) In this instance, Poole & Kent sought to gain an unfair advantage over other bidders by claiming that it qualified for local preference status, when in fact it had not met the criteria to establish same. Therefore, the Board of County Commissioners is well within its discretion to uphold the denial of the protests and further disqualify Poole & Kent, which would in turn render Poole & Kent's protest appeals moot, as it would lack standing to protest either of the solicitations at issue. ISSUE NO. II GROUNDS ASSERTED BY POOLE & KENT IN ITS PROTEST As set forth above, if Poole & Kent's bids are disqualified from consideration, it lacks standing to protest the County's recommended awards. However, even if Poole & Kent had standing to protest, the grounds upon which it is protesting are non-meritorious, as set forth in more detail below. (a) Pool & Kent Asserts the Local Vendor Preference Violates Section 255.20,Florida Statutes. Poole & Kent asserts that Section 255.20, Fla. Stat. requires that the contract be awarded to the lowest qualified and responsive bidder. Poole & Kent, however, fails to appreciate the complete statutory text. Section 255.20(l)(d)(1) states: If the project is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents...this subsection is not intended to restrict the rights of any local government to reject the low bid of a non- qualified or non-responsive bidder and to award the contract to any other qualified and responsive bidder in accordance with the standards and procedures of any applicable county or municipal ordinance or any resolution of a special district. (Emphasis added). Packet Page-213- 2/12/2013 11 .A. Section 255.20(1)(d)(1) does not mandate that the contract awarded on price can only be awarded to the lowest qualified and responsive bidder. Instead, the statute contemplates the r award to a bidder in accordance with an applicable county ordinance, even if that means the award will not go to the otherwise lowest responsive bidder. In this case, the County's local vendor preference is set forth in the County's Purchasing Policy, which was mandated by Ordinance No. 87-25. Further, the applicable contract documents, in this case the ITBs, also set forth the local vendor preference. Further, Poole & Kent lacks the ability to challenge the local vendor preference in its protest. Section XIX of the County's Purchasing Policy pertains to protest of bid awards. Subsection B states: All formal protests with respect to an Invitation for Bids...shall be submitted to the Purchasing Director in writing not less than four (4)hours prior to the opening of bids.... If a bidder seeks to challenge the bid specifications, it must do so not less than four (4) hours before the bids are opened. Poole & Kent, however, failed to file any specification challenge or protest within the applicable time frame. The only protest it filed was after the bids were opened, and the recommended awards were posted. Therefore, Poole & Kent is now barred from asserting such a challenge to the specifications in its protests. Section XIX(I) of the Protest Policy states, "Failure to file a formal protest within the time and manner prescribed by Section XIX shall constitute a waiver of the right to protest by any protesting party as defined in Subsection A of this section." Ironically, despite its challenge to the local vendor policy, Poole & Kent sought, and still seeks, to avail itself to the preference. Poole & Kent challenges the preference only because it was deemed by the County not to qualify for the preference. Poole & Kent's contradictory positions highlight the lack of merit to its protest. (b) Poole & Kent Claims the Local Price Match Option Is Illegal And Contradictory To Section 120.57(3), Florida Statutes, and Violates the Integrity of Public Contracting First, Section 120.57, Fla. Stat. applies only to protests pursuant to Chapter 120. Poole & Kent's protest is pursuant to Collier County's Purchasing Policy, as well as the bid specifications, and does not fall within the ambit of Chapter 120. Therefore, any reference to Section 120.57, Fla. Stat. is inapplicable and without merit. Second, as set forth above, Poole & Kent's challenge to the local vendor preference should not be regarded as Poole & Kent failed to timely file a specification protest. Third, improperly relies on the case Harry Pepper to support its position. In Harry Pepper, a bidder was permitted to change a material component of its bid (a key piece of equipment to be incorporated into the project) in order to conform to the bid specifications. In that case, the City's permitting the bidder to change its terms was deemed to give that bidder an unfair competitive advantage not afforded to other bidders. In the present case, the County is administering the local vendor preference, which all bidders were aware of prior to the submittal deadline, and which does not provide an advantage not afforded to other bidders. Packet Page-214- 2/12/2013 11 .A. Local vendor preferences have been recognized in Florida. In fact, the Florida Attorney General concluded that it is permissible to give a preference to local bidders in the form of a percentage reduction in the contract price or, in the event that equally qualified vendors, local bidders would be awarded the contract. Attorney General Op. 2001-65 (Sept. 14, 2001). Collier County's local vendor preference gives local bidders an opportunity to match a small percentage reduction in the contract price. Once again, this was part of the specifications, Poole & Kent was on notice, and chose to avail itself to the terms of the ITB by submitting its bids. There is no credible allegation that the County has permitted an unfair advantage or modification to bids after the opening which was the issue in the Harry Pepper case. (c) Poole & Kent Continues to Assert it is a "Local Business," and that the"Local Business"Definition is Ill-Defined, and was Applied in an Arbitrary and Capricious Manner. The issue as to why Poole & Kent was deemed by the County staff not to be a "local business" qualifying for the local vendor preference is addressed more fully above. Staff's determination and recommendation that Poole & Kent is not a local business was not arbitrary and capricious. "A capricious action is one taken without thought or reason or irrationally. An arbitrary decision is one not supported by facts or logic." Agrico Chem. Co. v. Dep't. of Envir. Reg., 365 So. 2d 759, 763 (Fla. 1st DCA 1978). Arbitrary and capricious has also been defined to include acts taken with improper motive, without reason, or for reasons which are merely pre-textural. City of Sweetwater v. Solo Const. Corp., 823 So. 2d at 798, 802 (Fla. 3d DCA 2002). Further, "a public body has wide discretion in the bidding process and its decision, when based on an honest exercise of the discretion, should not be overturned even if reasonable persons might disagree." Emerald Correctional Mgmt v. Bay County Bd. Of County Commissioners, 955 So. 2d 647, 651 (Fla. 15t DCA 2007); Liberty County v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982). An agency's decision based on an honest exercise of this discretion cannot be overturned absent a finding of illegality, fraud, oppression or misconduct. Id. at 507; see also, Sutron Corp. v. Lake Co. Water Authority, 870 So. 2d 930, 932 (Fla. 5th DCA 2004). In this instance, the County conducted a thorough evaluation of Poole & Kent's claim that it was a local vendor. It spoke to Cape Coral officials, it visited the site of Poole & Kent's stated local address, and it examined Collier and Lee County records. Further, Poole & Kent has neither alleged, nor shown, that Collier County acted illegally, fraudulently or otherwise engaged in misconduct. Therefore, this protest ground must fail. Poole & Kent simply failed to meet the definition of a "local business." First, the "local business" definition set forth in the Purchasing Policy and the respective ITB specifications requires a valid occupational license issued by Collier or Lee Counties for at least a year before the bid submission. There is no indication that Poole & Kent maintains such a license. In addition, a "local business" is required to have a physical business address located within the limits of Collier or Lee Counties from which it operates or performs business. Poole & Kent supplied an address which is registered to the City of Cape Coral. Further, Poole & Kent does not operate or perform business from that location. While it did maintain a storage trailer on that property, storing materials for a job for the City of Cape Coral is not the same as operating or performing business. Further, the City of Cape Coral forbids vendors from conducting other business from the City's property. Based on these facts, the County's determination that Poole &Kent is not a local business is not arbitrary or capricious. Packet Page-215- 2/12/2013 11 .A. (d) Higgins,Inc.'s Bid Is Non-Responsive As Alleged By Poole & Kent On November 9,2012. Poole & Kent sought to supplement its protest on November 9, 2012 by alleging that Higgins, Inc.'s bid was non-responsive. Collier County's Purchasing Policy, however, does not allow for bids to be amended, supplemented, or otherwise changed. Therefore, Poole & Kent lacks the ability to supplement its protest, and its November 9, 2012, correspondence should not be considered. Even if Poole & Kent supplemental protest was timely, it is without merit. Again, public agencies have wide discretion to evaluate bids. County staff determined and recommended that Higgins' bid is responsive; because on the item Poole &Kent alleges is nonresponsive (failure to identify a subcontractor), Higgins intends to self-perform the work. Poole & Kent has again failed to show that the County acted illegally, fraudulently or arbitrarily or capriciously in this regard. In summary, Poole & Kent lacks standing to protest the ITBs at issue since it misrepresented its status as a local vendor, and therefore should be disqualified. Even if Poole & Kent had standing to protest, the grounds raised in its protests are without merit, and to the extent that they challenge the local vendor preference, are time barred as they were not raised as specification protests prior to bid opening. It is recommended that the Board of County Commissioners disqualify Poole & Kent from the bidding process for the solicitation at issue, deny the protest appeals and proceed with the awards to Higgins, Inc. and Mitchell & Stark for the respective solicitations. This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact as a result of this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, denies the formal protest objection and upholds the Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5931 Master Pump Station 312 Rehabilitation as Projects 72549 and 70050; prohibits Poole & Kent from benefiting from the Board's local vendor preference for one (1) year; and, approves the award for the above mentioned ITB to contractor Douglas N. Higgins, Inc. in the amount of $5,961,000.00 and authorizes the Chairwoman to execute the agreement. Prepared By: Joanne Markiewicz, Interim Purchasing/General Services Director Attachments: • Arnstein & Lehr's bid protest filed on behalf of the Poole&Kent Company • Purchasing Director Protest Decision • Lee County Tax Collector Information • City of Cape Coral Aerial Pictures for 2008, 2010, 2011, and 2012 • Email Statement by MWH Global Representative: Thomas Machinski Packet Page-216- 2/12/2013 11 .A. • Email Statement by City of Cape Coral Representative: Wanda Roop • Arnstein & Lehr's objection of the Purchasing Director's findings filed on behalf of the Poole &Kent Company • Local Vendor Preference Policy • November 5, 2012, Correspondence from Purchasing Director to Poole & Kent's Attorneys • Executive Summary Excerpt: March 9, 2010 10D • Affidavit of Andrew Fenske • LVP Reciprocity with Lee County and Bonita Springs • Bid Tabulation • PPMD Bid Tabulation Analysis • ABB Letter of Recommendation • Contract Initialed by County Attorney Packet Page -217- 2/12/2013 11 .A. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. Item Summary: This item continued from the November 13, 2012 meeting. Recommendation to deny the formal protest objection and uphold the Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5931 Master Pump Station 312 Rehabilitation as Projects 72549 and 70050; prohibit Poole & Kent from benefiting from the Board's local vendor preference for one (1)year; and, approve the award for the above mentioned ITB to contractor Douglas N. Higgins, Inc. in the amount of $5,961,000 and authorize the Chairwoman to execute the agreement. Meeting Date: 2/12/2013 Prepared By Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene 1/24/2013 7:23:10 AM Submitted by Title: Manager-Purchasing Acquisition,Purchasing&Gene Name: MarkiewiczJoanne 1/24/2013 7:23:12 AM Approved By Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 1/27/2013 3:15:09 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 1/27/2013 4:24:37 PM Name: ParkerNicole Title: Contracts Specialist,Purchasing&General Services Date: 1/28/2013 8:03:44 AM Packet Page-218- 2/12/2013 11 .A. Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 1/28/2013 8:40:41 AM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 1/28/2013 8:54:38 AM Name: SchaltPeter Title: Project Manager, Senior,Public Utilities Engineeri Date: 1/28/2013 9:37:29 AM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 1/29/2013 10:01:37 AM Name: PajerCraig Title:Project Manager, Senior,Public Utilities Engineeri Date: 1/29/2013 10:33:36 AM Name: PriceLen Title: Administrator, Administrative Services Date: 1/29/2013 1:57:20 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 1/30/2013 11:25:40 AM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 11:49:08 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/31/2013 12:09:43 PM Name: OchsLeo Title: County Manager Date: 1/31/2013 3:45:27 PM Packet Page -219- 2/12/2013 11 .A. ARN STEIN 86 LEHR LLP 515 North Flagler Drive•Suite Goo West Palm Beach,Florida 33401 ATTORNEYS AT LAW SINCE 1893 Phone 61.8 800•Fax 61.6 I 5 33.9 5 55.555 www.arnstein.com Stuart H.Sakwa 561-650.8484 shsakwa@arnsteln.com September 6, 2012 Ms. Joanne Markiewicz Interim Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Re: Solicitation #12-5931, Master Pump Station 312 Rehabilitation Collier County Public Utilities Planning & Project Management 3339 Tamiami Trail East; Suite 303 Naples, FL 34112 Subj: Bid Protest Dear Ms. Markiewicz: The undersigned law firm represents Poole & Kent Company of Florida ("Poole & Kent") with respect to the Bid Protest of the above reference solicitation. This fetter shall serve as Poole & Kent's Bid Protest in accordance with Collier County's Purchasing Policy procedures. Poole & Kent's principal place of business is 1781 N.W. North River Drive, Miami, Florida, 33125 and its local address is 1200 Kismet Parkway West, Cape Coral, Florida 33993. On August 21, 2012, Poole & Kent was the low responsive and responsible bidder on Solicitation #12-5931, Master Pump Station 312 Rehabilitation, with a price of $5,961,000. In addition, Poole & Kent's bid contained the Affidavit for Claiming Status as a Local Business. On August 28, 2012, Collier County posted the Notice of Recommended Award for the Solicitation, and recommended Douglas N. Higgins, Inc. ("Higgins") as the Awardee notwithstanding the fact that Higgins's price was $6,036,484, or more than $75,000 higher than Poole & Kent's price.. Although Poole & Kent was the low responsive, responsible bidder, and submitted the required Affidavit to demonstrate that it meets the definition of a "local business," Poole & Kent was not awarded the Solicitation. Poole & Kent protests Collier County's decision to award the solicitation to the second low bidder, Higgins. CHICAGO HOFFMAN ESTATES SPRINGFIELD MILWAUKEE FORT LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA RATON Arnstein&Lehr LLP is a member of the International Lawyers Network AS* 10348840.1 Packet Page -220- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 2 Although not included in the Notice of Recommended Award, Collier County separately posted the Bid Tabulations for the solicitation which contains the following statement: In accordance with Local Vendor Preference "Right to Match" and Florida Statute 287.087 Douglas N. Higgins, Inc. is given the right to match under the LVP policy of the Board of County Commissioners. Douglas N. Higgins, Inc. is within 10% of the lowest bidder (Poole & Kent), and Douglas N. Higgins, Inc. is willing to match their price of $5,961,000 and has provided a signed Drug Free Workplace affidavit. While neither the Notice of Recommended Award nor the Bid Tabulation states that Collier County has determined that Poole & Kent was not a "local business," Poole & Kent assumes that such a determination must have been made in order for the County to proceed with the "right to match" procedure. However, as discussed below, the failure of the County to make a formal determination of whether Poole & Kent's is a "local business" is arbitrary and capricious. Collier County's determinations that Poole & Kent is not a local business and that Higgins is the lowest responsive, responsible bidder are contrary to Florida law for the following reasons: 1. The Local Vendor Preference in Collier County's Purchasing Policy violates Section 255.20, Florida Statutes, which requires that the contract be awarded to the lowest qualified and responsive bidder; 2. The "local price match option" contained in the County's Purchasing Policy violates the law that a bidder is prohibited from changing its bid after the bids have been opened. See, Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2nd DCA 1977); 3. The Local Vendor Preference in the County's Purchasing Policy violates the law that requires that public bidding must be done in accordance with the public bidding statutes to protect, "the public against collusive contracts and prevent favoritism toward contractors by public officials" and, "to secure fair competition upon equal terms to all bidders." See, Liberty County v. Baxter's Asphalt & Concrete, Inc., 421 So. 2d 505 (Fla. 1982); 4. The County's presumed determination that Poole & Kent is not a "local business" is contrary to the definition of a local business as set forth in the County's Purchasing Policy; and 10348840.1 Packet Page -221- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 3 5. The County's presumed determination that Poole & Kent is not a "local business" is based upon unclear, and/or undefined criteria, and thus, any determination that Poole & Kent is not a "local business" would be arbitrary and capricious. See, City of Sweetwater v. Solo Construction Corporation, 823 So. 2d 798(Fla. 31.cI DCA 2002). I. Poole & Kent is the lowest qualified and responsible bidder. Collier County's Local Vendor Preference is in violation of Section 255.20(1)(d)(1), Florida Statutes, which provides: If the project is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents.... Florida law requires that for competitively bid contracts, the lowest qualified, responsible bidder must be awarded the contract. See, City of Sweetwater v. Solo Construction Corporation, 823 So. 2d 798 (Fla. 3d DCA 2002) and Engineering Contractors Association of South Florida, Inc. v. Broward County, 789 So.2d 445 (Fla. 4th DCA 2001). While local preferences are not always prohibited under Florida law, Collier County's specific program violates the law because it allows for an entity other than the lowest responsible bidder to be awarded the contract.] Under Collier's Purchasing Policy, the procedure is set forth as: When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder.... Based upon the bolded language, it is clear that the County's Purchasing Policy allows for the lowest local bidder to be awarded the project, rather than the actual lowest overall bidder. Such a procedure is not permitted under the competitive bidding requirements of Florida law. For instance, local preferences that allow a local bidder and the lowest bidder to engage in a second round of bidding,known as'best and final offers"are permissible because the actual lowest bidder from the best and final offers is awarded the project. 10348840.1 Packet Page-222- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 4 In Drywall Associates, Inc. et al. v. State of Connecticut Dept. of Education & City of Danbury, 1993 Conn. Super. LEXIS 1688 (Super. Ct. of Conn. 1993), the Court held that a local ordinance, which was very similar to the Local Vendor Preference created in the County's Purchasing Policy, was void because it conflicted with state law. The local preference at issue stated: Provided that such city-based resident bidder shall have met all other requirements set forth in this Article, any city-based resident bidder which has submitted a bid not more than ten (10) percent higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of the city-based resident bidders which had submitted the lowest bid. Likewise, Conn. Gen. Stat. §10-287(b) is similar to Section 255.20, Florida Statutes. The Connecticut statute provides: All orders and contracts for school building construction receiving state assistance under this chapter shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid... The Court in Drywall Associates, determined that it was undisputed that the low bidders for each contract were responsible and qualified bidders. The Court further determined that it was undisputed that but for the local preference, the low bidders would have been awarded the contracts. The Court therefore concluded that the City of Danbury could not award the contracts to the city-based second low bidders even though they had offered to perform the contracts at the price of the low bidders. Based upon substantially similar facts and law in this matter, Poole & Kent should be awarded the contract as the lowest responsive and responsible bidder. II. The "Local Price Match Option" Is Illegal Under Florida law, "a bidder cannot be permitted to change his bid after the bids have been opened, except to cure minor irregularities." Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2nd DCA 1977). There can be no dispute that the County allowing Higgins to change its bid price to match Poole & Kent's bid is more than the curing of a minor irregularity, and thus impermissible. Although the "local price match option" is contained within the County's Procurement Policy, the County does not have the right to create a policy or procedure that violates Florida law. The rule prohibiting the modification of bids after opening was codified by the Florida legislature in Section 120.57 (3)(f), which provides: 10348840.1 Packet Page -223- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 5 In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered.... In order for the County to prevail in a bid protest, the decision maker would have to consider Higgins' statement on the Bid Tabulation sheet, which was signed on August 23, 2012, after the bid opening. Since the only way for Higgins to be considered the low bidder is if it is allowed to amend its bid price, Higgins cannot be considered the lowest bidder. The Local Vendor Preference Violates the Integrity of Public Contracting The County's Local Vendor Preference program violates Florida law is because it destroys the integrity of public contracting. The Florida Supreme Court in Liberty County v. Baxter's Asphalt & Concrete, Inc., 421 So.2d 505 (1982), citing Wester v. Belote, 138 So, 721 (1931) explained the purpose of public bid statutes as: [they] serve the object of protecting the public against collusive contracts and prevent favoritism toward contractors by public officials and tend to secure fair competition upon equal terms to all bidders, [and] they , remove temptation on the part of public officers to seek private gain at the taxpayers' expense, are of highly remedial character, and should receive a construction always which will fully effectuate and advance their true intent and purpose and which will avoid the likelihood of same being circumvented, evaded, or defeated. While Poole & Kent is not suggesting that Collier County has actually colluded with Higgins, the purpose of bid statutes is not only to prevent actual collusion, but also to prevent the appearance of impropriety. Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So.2d 1190 (Fla. 2na DCA 1977). As explained in City of Sweetwater v. Solo Construction Corp., 823 So.2d 798 (Fla. 3rd DCA 2002), citing Marriott Corp. v. Metro Dade County, 383 So.2d 662 (Fla. 3rd DCA 1980): The system [competitive bidding statutes] confers upon both the contractor and the public authority reciprocal benefits, and confers upon them reciprocal obligations. The bidder is assured fair consideration of his offer, and is guaranteed the contract if his is the lowest and best bid received. The principal benefit to the public authority is the opportunity of purchasing the goods and services required of it at the best price obtainable. Under this system, the public authority may not arbitrarily or 10348840.1 Packet Page-224- 2/12/2013 11.A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 6 capriciously discriminate between bidders, or make the bid based upon personal preference. Furthermore, the County's Local Vender Preference program gives local bidders an unfair advantage in the bidding process, and will lead to the County ultimately paying more for goods and services than it would otherwise have to as competition in the future is reduced. While in this case the County will not have to pay more than what Poole & Kent submitted as the low bid, in the future, the County will not have the benefit of non-local vendors bidding similar projects because the likelihood of them actually receiving an award is greatly reduced. Under the county's local preference program, the lowest local bidder gets the opportunity to find out what every other bidder's price was at the bid opening, and then decide whether or not It wants to match the low bidder's price. This allows a local bidder to submit a higher price in the hopes that it will still be the low bidder, but with the assurance that even if it is not the low bidder, it will have the opportunity to lower its price if it so chooses and be awarded the project. Allowing a local vendor to have a second chance to lower Its bid price creates an unfair bidding advantage that is illegal under Florida law. See, E.M. Watkins & Co. v. Board of Regents, 414 So.2d 583 (Fla. 1$t DCA 1982)(Allowing a contractor to bid shop after bid opening is prohibited because it would create an unfair bidding advantage); Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So.2d 1190 (Fla. 2nd DCA 1977)(Contractor could not be awarded contract based upon nonconforming bid because, "[a]fter everyone else's bids were opened, Gulf was in a position to decide whether it wanted the job bad enough to incur the additional expense of supplying conforming pumps"). Because of such unfairness, non-local bidders have stopped bidding to Collier County because it is costly to prepare a bid, and the likelihood of actually being awarded a project has been greatly reduced with the current local preference program in effect. Had Poole & Kent known that it would not be considered a local business, it would not have wasted its time and money preparing bids, and will not do so in the future.2 IV. Poole & Kent is a "local business" Collier County's Purchasing Policy defines a "local business" as one that has a valid occupational license, and a physical business address located within Collier County from which the vendor operates or performs business. In addition, the Purchasing Policy allows for reciprocity with vendors from Lee County. 2 Poole&Kent has submitted at least two other bids this year to Collier County on other solicitations and included the Affidavit for Claiming Status as a Local Business. Collier County has not previously advised Poole &Kent that it did not consider Poole&Kent to be a non-local business. 10348840.1 Packet Page -225- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 7 Poole & Kent included in its sealed bid, a copy of its Lee County Local Business Tax Receipt, along with copies of its Collier County Qualifier Certifications authorizing Poole & Kent to act as a General Contractor, Mechanical Contractor and Electrical Contractor. Poole & Kent also included Certificates of Competency issued by the City of Cape Coral authorizing Poole & Kent to act as a General Contractor, Mechanical Contractor and Electrical Contractor. Copies of the above described licenses are attached hereto. As set forth in Poole & Kent's Affidavit for Claiming Status as a Local Business, Poole & Kent's physical business address in Lee County is 1200 Kismet Parkway West, Cape Coral, FL 33993.3 Poole & Kent set up an office at that address in March of 2007, and has been operating its business in Lee and Collier County from that location ever since. Prior to that time, Poole & Kent was working in Lee and Collier County at other locations. Poole & Kent is currently performing work for the City of Naples. Based upon these two objective standards from the County's Purchasing Policy, the County should have determined that Poole & Kent is a "local business". The County's refusal to find that Poole & Kent is a "local business," the County's failure to make a formal determination of whether Poole & Kent is a "local business," as well as the County's failure to notify Poole & Kent of its determination are all arbitrary and capricious acts. in addition to the two above described objective standards for determining whether a vendor is a "local business", the County's Purchasing Policy sets forth an ill- defined standard that a vendor must contribute to the, "economic development and well- being of Collier County in a verifiable and measurable way," in order to be considered as a "local business." The County's Purchasing Policy then lists a few items, as set forth below, that may be used to determine whether a vendor contributes to Collier County. In a good faith attempt to meet this undefined standard, Poole & Kent filled out the form Affidavit provided by the County, and noted that it has employed a total of 128 individuals for work in either Collier or Lee County since 2006, and that of those employees, 73 of them resided in either Collier or Lee County. In addition, although there was no space for Poole & Kent to provide additional information on the Affidavit, if the County had conducted a fair inquiry into Poole & Kent's contributions to Collier and Lee County's economic development, it should also have considered that Poole & Kent hired many local subcontractors from Lee and Collier County. Based upon the information provided by Poole & Kent in the Affidavit and in its bid, Poole & Kent meets the definition of a "local business" and therefore, Higgins should not have been given the opportunity to match Poole & Kent's low bid. 3 A copy of the Affidavit is attached hereto. 10348840.1 Packet Page-226- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 8 V. The "Local Business" definition Is ill-defined, and was applied in an arbitrary and capricious manner After the County decided to recommend the award to Higgins, Poole & Kent was informed by an employee of the County that the County determines whether a vendor is a "local business" based upon several criteria, including: 1) whether the vendor has a permanent address in Collier County, 2) whether the vendor pays taxes in Collier County, 3) whether the vendor owns or leases property in Collier County; and 4) the business address from which the bid was submitted. As noted above, Poole & Kent has a permanent address in Lee County, as it has been at the same location for more than five (5) years. Similarly, Poole & Kent pays the Local Business Tax Receipt in Lee County. Poole & Kent uses the personnel from its Lee County office to not only perform work on existing projects, but also to work on bids for future work. For instance, on this solicitation, employees from the Lee County office were used to assist in the bid preparation, to conduct pre-bid Investigations, to conduct site investigation, and to formulate the planned construction techniques for this project. Admittedly, Poole & Kent does not own or lease property in Collier or Lee County. However, the definition of a "focal business" does not make the owning or leasing of property mandatory. Instead, the definition of "local business" includes the following provision: This may Include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. The above provision is too vague for a vendor to know what is required of it in order to meet the County's definition. First, the provision uses the term "may", which means that compliance is optional, not mandatory. Second, the meaning of the phrase "support and increase to the County's tax base" is unclear. The term tax base can refer to sales taxes, the local business tax receipt, or as the County now apparently interprets the term, property taxes. The vagueness of the County's Purchasing Policy, as well as the way in which it was applied, renders the decision by the County that Poole & Kent was not a local business arbitrary and capricious. Poole & Kent was told that its physical address in Lee County was not accepted because the address is not located in an office park or store front. However, Collier County's Purchasing Policy does not require that the physical address be in such a locale, and therefore, it is improper for Collier County to impose such a requirement without disclosing it in the Purchasing Policy. 10348840.1 Packet Page -227- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 9 In City of Sweetwater v. Solo Construction Corp., 823 So. 2d 798 (Fla. 3rd DCA 2002), the Court held, "[w]hile a public authority has wide discretion in award of contracts for public works on competitive bids, such discretion must be exercised based upon clearly defined criteria, and may not be exercised arbitrarily or capriciously." The Court later concluded, the City decision to award the contract to United Engineering Corporation was arbitrary and capricious and based upon criteria that were neither included in the bid documents nor clearly defined in any manner whatsoever. Id., at 802. Since the criteria for determining whether a vendor is a local business are not clearly defined, and the manner in which those criteria are undefined, the County cannot apply unclear standards in an unclear manner to determine whether Poole & Kent is a local business. The Court in City of Sweetwater concluded that the City's attempt to award the contract to United Engineering as the "most responsible bidder" was also in violation of Section 255.20, Florida Statutes. Collier County's attempt to award the contract to Higgins based upon the Local Vendor Preference, where it has determined that Higgins is "more local" than Poole & Kent, is analogous to the City of Sweetwater's attempt to determine that United Engineering was the "most responsible." Therefore, Collier County's actions are arbitrary and capricious, and must be reversed. For the foregoing reasons, Poole & Kent requests that Collier County take the following actions: A. Withdraw the Notice of Recommended Award for Solicitation # 12-5931; and B. Determine that Poole & Kent is a local business in accordance with the terms of the Purchasing Policy; or in the alternative C. Determine that the Local Preference does not apply to this Solicitation, in accordance with Section XI (3) of the Purchasing Policy; or in the alternative D. Determine that the Local Vendor Preference is illegal and void; and E. Determine that Poole & Kent is the lowest responsible, responsive bidder; and 10348840.1 Packet Page -228- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 6, 2012 Page 10 F. Issue a revised Notice of Recommended Award, naming Poole & Kent as the Awardee. Respectfully submitted, AA711-1/7/7 Stuart H. Sakwa SHS/lkd Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (I) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 10348890.1 Packet Page -229- 2/12/2013 11 .A. oi i8al NIHli B P K R $ a $ 0 g 4 ¢lt:zro i g 1 Iiii itd I;333 d 3 tint Rh . • saga s $ $ 9 ° ag $ $ $ 8 $ $ $ $ $ 8 s gi&A in i ° gait RR6 ;14 » : fig il.t.IghE g 6 i� H.,$ 8 g 8 g g 8 $ 8 ° $ $ 8 8 8 $ S Q g $ 8 gi - € 3 1 _: n Gig \4' S 855 55 �55555555555555 '9H @a6gA '. : n 4 I H! E, \ ,'1 141 I - F� — llilb ;II 1 hi gl; trill 1 1 Hi Till Is! s 1 lit 3 11611 kai S. E _ pill 28 u' g £ B Din S 6 v $ 8 1 111k 1 {{ g u I IlIJU TO I liq pI L I !i1IIftiI !:iIIi1IJiiIII NI .. g 7§i'@':4~ bid ill5 & 68t2 # P 1 i A 4' 9; ' sa?.F?' 3j 8 i ' L, It la 3 f A. Packet Page-230- 2/12/2013 11 .A. Spiftv ker C.r01,01DV Administrative Benit os de/Ism Purcium lea AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION#12-5931 MASTER PUMP STATION 312 REHABILITATION(CHECK APPROPRIATE BOXES BELOW) State of Florida(Select County If Vendor Is described as a Local Business ®Collier County 1:E Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Xi of the Collier County Purchasing Policy; A local business"Is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased,and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business.Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address.In addition to the foregoing,a vendor shall not be considered a local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include,but not be limited to,the retention and expansion of employment opportunities,the support and Increase to either Collier or Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a local business" under this section. Vendor must complete the following information: Year Business Established in ©Collier County or 0 Lea County: 2006 Number of Employees(Including Owner(s)or Corporate Officers):12 s Total employed in Collier/Lee since 2006 Number of Employees Living in © Collier County or® Lee(Including Owner(s)or Corporate Officers):73 Total resided in Collier/Lee since 2006 If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit.Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Poole & Kent Company of Florida Date: 8/21/2012 Collier orLe untYAddd1200 Kismet Parkway West, Cape Coral, FL 33993 Signature: �.,..-C,.ress--ti-t'/J(i_---N, Title: President & CEO Patrick FE Carr STATE OF FLORIDA; 0 COLLIER COUNTY 0 LEE COUNTY t,o=ndSub-cribed Before Me, a Notary Public,for the above State and County,on this 21st Day of, ,20e „ •War u � -v.:- . .- . • _• . Christ ne He • �f v CARMINE MENDEZ Notary Pub• . MY COMMISSION/00808708 EXPIRES:October31 2012 My Commission Expires: 10/31/2012 P,'f,' Bonded Nu nom,Mioumf•n sys II..v. VM1a,...WrMIwHiMA/Yp' eac (AFFIX OFFICIAL SEAL) 20 Construction Services Agreement:Revised 1/1/2012 Packet Page -231- 2/12/2013 11.A. N.,00 001.146. LEE COUNTY LOCAL BUSINESS TAX RECEIPT -', 2012 - 2013 Tax Cotetor ACCOUNT NUMBER: 1202799 ACCOUNT EXPIRES SEPTEMBER 30, 2013 s�"le of tW e May engage In the business of: CERTIFIED GENERAL CONTRACTOR Location 1781 NW NORTH RIVER DR MIAMI FL 33125 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY POOLE&KENT COMPANY OF FLORIDA STRICKLAND DAVID A THIS IS NOT A BILL-DO NOT PAY PO BOX 420558 MIAMI FL 33242.0556 PAID 31455321-1 08/01!201211:33 SXP 1 $50.00 Packet Page-232- 2/12/2013 11 .A. Qualifier Certification Information CDPR2307 - Qualifier Certification Information collier County Board of County Commissioners Printed on 8/4/2010 6:30:02PM CD-Plus for windows CERT NIA: 28238 QUALIFIER NER: 27423 DAVID A. STRICKLAND CLASS CODE: 1010 GENERAL CONTR.--CERTIFIED STATE NER: CGC 061808 COUNTY COMP CARD: STATE EXP LIAB EXP WC EXP ORIR ISSD RENEWAL EXPIRES 8/31/2012 10/1/2010 10/1/2010 11/21/2005 8/31/2012 DBA: POOLE & KENT COMPANY OF FLORID WC EXEMPT: N OL EXEMPT: Y ADDRESS: P. 0, BOX 420556 EXEMPT EXP DATE: CITY: MIAMI FL 33242- PHONE: (305)325-1930 FAX: (305)324-0522 NOTE: it is the qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier County files. This includes all insurance certificates and any change of address information. Collier CountyCortitiledf Marco/ State Contractor Liaeneing GENERAL CONCR.--CERTIFIED Curt Nbr,28238 Exp.8/31/2012 StatueiACTIVB State Mbr:CGC 061806 6x2218/31/2012 POOLS A ft XENP COMPANY OF FLORIDA pAVOID ASOXi20556 " MIAMI FL 33242- 'I 210. lia Packet Page-233- 2/12/2013 11 .A. Qualifier Certification Information AslOw CDPR2307 - Qualifier Certification Information Collier County Board of County Commissioners Printed on 8/4/2010 6:33:37PM CD-Plus for Windows CERT NM: 28240 QUALIFIER NBR: 27423 DAVID A. STRICKLAND CLASS CODE: 1410 MECHANICAL CONTR.-CERTIFIED STATE HER: CMC 057192 COUNTY COMP CARD: STATE EXP LIAR EXP WC EXP ORIO ISO RENEWAL EXPIRES 8/31/2012 10/1/2010 10/1/2010 11/21/2005 8/31/2012 DBA: POOLE & KENT COMPANY OF FLORID WC EXEMPT: N OL EXEMPT: Y ADDRESS: P. O. BOX 420556 EXEMPT EXP DATE: CITY: MIAMI FL 33242- PHONE: (305)325-1930 FAX: (305)324-0522 • NOTE: it is the qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier County files. This includes all insurance certificates and any change of address information. Collier County / City of Marco/ State Certified Contractor Liaenaino MECHANICAL CONTR.-CERTIFIED Cart Nbr,28240 Exp,S/31/2012 Status:ACTIVE State Nbr:CMC 057192 Exp,8/31/2012 POOLE & KENT COMPANY OF FLORIDA DAVID A. STRICKI�AND P. 0. $OX a2sU55bo MIAMI /�, FL 33242.• Signed, • - �,- - Packet Page-234- 2/12/2013 11 .A. Qualifier Certification Information CDPR2307 - Qualifier Certification Information Collier County Hoard of County Commissioners Printed on 8/4/2010 6:32:30PM CD-Plus for Windows CERT NBR: 28242 QUALIFIER NBR: 27423 DAVID A. STRICKLAND CLASS CODE; 3010 PLUMBING CONTR.-CERTIFIED STATE NBR: CFC 057380 COUNTY COMP CARD: STATE EXP LIAB EXP WC EXP ORIG ISSD RENEWAL EXPIRES 8/31/2012 10/1/2010 10/1/2010 11/21/2005 8/31/2012 DBA: POOLE & KENT COMPANY OF FLORID WC EXEMPT: N OL EXEMPT; Y ADDRESS: P. 0. BOX 420556 EXEMPT EXP DATE: CITY: MIAMI FL 33242- PHONE: (305)325-1930 FAX: (305)324-0522 NOTE: It is the qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier County files. This includes all insurance certificates and any change of address information. Collier County / City of Marco/ State Certified Contractor Licensing PLUMBING CONTR.-CERTIFIED Cert Nbr,20242 Exp18/31/2012 Statue,ACTIvE State NbrICFC 057300 Expl8/31/2012 POOLE & KENT CCCKOKN PA1 Y OF FLORIDA DAVID. o BOX 20556 MIAMI 3242- Signed: Packet Page-235- 2/12/2013 11 .A. "T" CIF ', City of Cape Coral 4 1015 Cultural Park Blvd. ir• ,`r r„ r ,• ` CITY ( TYOF OCT Ulf 0 v 9 Q 3*8**********MIXED AADC 339 fi G I11'1'lliI1111119111111 11111,11 111i111i1 'l11111h111111111Ii111, <0R0 STRICKLAND DAVID POOLE&KENT COMP OF FL 1781 NW NORTH RIVER DR MIAMI,FL 33125-2311 it e,TY o. City of Cape Coral ��f Certificate of Competency �q t 4 10802 Date Issued: 8/22/2011 PLUMBING Owner Name:STRICKLAND DAVID DBA:POOLE&KENT COMP OF FL Expiration Date:9/3012012 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral— 1015 Cultural Park Blvd—Cape Coral,Florida 33990—(239)574-0430 This Certificate expires 9/30/2012 Visit our website at:www.capecoral.net Certificate #: 10802 Location: 1781 NW NORTH RIVER DR CITY OF i Business Phone:(305)325-1930 Classification: State License:CFC057380 CERTIFIED 0 t� PLUMBING STRICKLAND DAVID +0 04- Date Issued: 8/22/2011 POOLE&KENT COMP OF FL U 1781 NW NORTH RIVER DR Amount:$10.00 MIAMI,FL 33125-2311 �tosioa Packet Page-236- 2/12/2013 11 .A. CITY °p City of Cape Coral •i11' ,t .��' it +'` o 4. 1015 Cultural Park Blvd. .1:k i' } CITY O F ar o°4 Cape Cora],FL 33990 pill ., 1 7Q1 r ':'' ' ' '":-,4 9 q. 391**********MIXED AADC 339 INIIIIIIIIII111pIII'1111111111'1111111111111111'111111°1111111 STRICKLAND DAVID POOLE&KENT COMP OF FL 1781 NW NORTH RIVER DR City of Cape Coral MIAMI,FL 33125-2311 CITY o:17i 1.' Certificate of Competency 10803 Date Issued:8/11/2011 MECHANICAL Owner Name:STRICKLAND DAVID DBA:POOLE&KENT COMP OP FL Expiration Date:9/30/2012 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral—1015 Cultural Park Blvd—Cape Coral,Florida 33990—(239)574-0430 This Certificate expires 9/30/2012 Visit our website at: www.capecoral.net Certificate #: 10803 Location: 1781 NW NORTH RIVER DR CITY [a F Business Phone:(305)325-1930 t State License:CMC057192 Classification: CERTIFIED 0 sr MECHANICAL otl STRICKLAND DAVID 0 Pk POOLE&KENT COMP OF FL Date Issued: 8/11/2071 1781 NW NORTH RIVER DR °. e. MIAMI,FL 33125-2311 Amount:$10.00 Packet Page-237- 2/12/2013 11.A. x CITY ar,, City of Cape Coral 4 6 4 1015 Cultural Park Blvd. CITY OF 9e0 u0� Cape Coral,FL 33990 i AUG nil' 9 4� '� O r�' r' r. st f1 V 4.40R100 3*1 1**********MIXED AADC 339 II IIInIIIrIJIIIlhsIii14i iIIIIIIIIIIiit111IIIts111111II111iIlii STRICKLAND DAVID POOLE&KENT COMP OF FL 1781 NW NORTH RIVER DR City of Cape Coral - CIfY Of MIAMI,FL 33125-2311 � 1 � Certificate of Competency Y4 F � 40 10804 Date Issued:8/11/2011 GENERAL'A' Owner Name:STRICKLAND DAVID DEA:POOLE&KENT COMP OF FL Expiration Date:9/30/2012 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral- 1015 Cultural Park Blvd—Cape Coral,Florida 33990—(239)574-0430 This Certificate expires 9/30/2012 Visit our website at:www.capecoral.net Certificate #: 10804 Location: 1781 NW NORTH RIVER DR CITY D F Business Phone:(305)325-1930 State License:CGC061808 Classification: CERTIFIED 0 _ Q GENERAL'A' Al STRICKLAND DAVID POOLE&KENT COMP OF FL U Date Issued: 8/11/2011 1D81 NW NORTH RIVER DR "40a1pP MIAMI,FL 33125-2311 Amount:$10.00 Packet Page-238- 2/12/2013 11 .A. coffer County Adrn"rnist alive Services Division Purchasing September 13, 2012 Stuart Sakwa Arnstein & Lehr LLP 515 North Flagler Drive Suite 600 West Palm Beach 33401 Telephone: 561-650-8484 FAX: 561-655-5551 Email: shsakwa(a�arnstrin.com RE: Protest Decision Regarding Solicitation 12-5931 Master Pumping Station 312 Rehabilitation Dear Mr. Sakwa: I am writing in response to your formal protest letter of September 6, 2012, filed on behalf of Poole & Kent Company of Florida ("Poole & Kent") pertaining to the recommended award of the referenced Solicitation. The following is a summary of each of the issues raised in your protest. 1. Poole & Kent's bid offer to the County was the low responsive and responsible bidder, and consistent with the solicitation document, County policy and Florida Statute 255.20 (1) (d) (1) should be awarded the contract: "If the project: Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district resolution and in accordance with the applicable contract documents." 2. The County's "local price match option" is illegal and is contradictory to Florida Statute 120.57 (3) (F) which states: "In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered." Douglas N. Higgins, Inc("Higgins") was afforded the opportunity to modify its price two (2) days after (8/23/12) the bid opening (8/21/12). 3. The County's Local Vendor Preference Policy violates the integrity of public contracting in that it may be perceived as one bidder gaining an unfair advantage over another bidder and it gives local bidders an unfair advantage in the bidding process by affording them an opportunity to change their price in the "match" process. Public bidding laws are in place to prevent favoritism toward contractors by public officials and to secure fair competition. Furthermore, the use of this policy may ultimately raise the costs for future projects. The practice of allowing local bidders to "match" non-local bidders' prices will ultimately lead to the discontinuation of non-local bidders submitting prices on Collier County jobs. Submitting bids is a timely and costly process; Poole & Kent would not have tendered an offer if they had known they would not be considered a local vendor. 4. Poole & Kent believes that under the County's current Local Vendor Preference Policy that it is a local vendor as it has a valid occupational license and a physical business address within Collier or Lee County. Packet Page -239- 2/12/2013 11 .A. Furthermore, Poole & Kent believes that the application of the Local Vendor Preference Policy was applied in an arbitrary and capricious manner. In response, I have carefully reviewed all of the issues raised in your protest of September 6, 2012, considered each allegation, and reviewed the facts pertaining to each allegation in great detail. Further, I have reviewed additional documentation regarding the submission of the notarized Affidavit for Claiming Local Vendor Preference presented by Poole & Kent in the bid submission for the above referenced solicitation. The Affidavit for Claiming Status as a Local Business submitted by Poole and Kent appears to contain false information intended to establish your client as a "local vendor" because it identifies a local address of 1200 Kismet Parkway West, Cape Coral, FL 33993, which doesn't and hasn't had any type of structure on site, either permanently affixed or a temporary construction trailer, from which to conduct business for a very long time. According to the Lee County property records; City of Cape Coral Utilities department aerial records and pictures obtained from 2008, 2010, 2011 and 2012; and, in conversation with project manager Thomas Machinski (MWH Global) who was responsible for the project at this location, the project"closed out" in April 2010; Poole and Kent was a subcontractor to MWH Global and occupied a construction trailer at that site. This trailer was moved from this location prior to February 2011. Based upon all of those facts, it is my opinion that there was no presence of a Poole & Kent Office at 1200 Kismet Parkway West, Cape Coral, FL 33993 at the time the above mentioned bid submission was turned in, nor was there one at that location one year prior to the date of the bid submission. Accordingly, it is the decision of this office to disqualify Poole & Kent's bid submission for submitting false information in its notarized Affidavit for Claiming Status as a Local Business, and to direct staff to move forward with award for this solicitation. This decision to disqualify Poole & Kent's bid renders all your remaining arguments regarding the County's Local Vendor Policy as moot. This determination is tentatively scheduled to be presented to the Board of County Commissioners on October 9, 2012. Under Section XVIII.0 of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two (2) business days from the date of receipt of this decision. Respectfully, Joanne)Markiewicc In`ter`im Purchasing' 'General` rvices�Director Enclosures Lee County Tax Collector Information City of Cape Coral Aerial Pictures for 2008, 2010, 2011, and 2012 Email Statement by MWH Global Representative: Thomas Machinski 0. CepatmiN•3327 Tamorttl Till E.s••Naples.Flcoda 341;2-4907-rwrv.•Lieigw.revp•mnaseig Packet Page-240- 2/12/2013 11 .A. t ier cowicy Adrrinistraive Services Division Pe hssirg AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION#12-5931 MASTER PUMP STATION 312 REHABILITATION(CHECK APPROPRIATE BOXES BELOW) State of Florida(Select County If Vendor Is described as a Local Business ®Collier County ®Lee County Vendor affirms that it Is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased,and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business.Post Office Boxes are not verifiable and • shall not be used for the purpose of establishing said physical address.In addition to the foregoing,a vendor shall not be considered a local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include,but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in ©Collier County or 0 Lee County: 2006 Number of Employees(Including Owner(s)or Corporate Officers): 128 Total employed in Collier/Lee since 2006 Number of Employees Living in © Collier County or®Lee(Including Owner(s)or Corporate Officers):73 Total resided in Collier/Lee since 2006 If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Poole & Kent Company of Florida Date: 8/21/2012 Collier or Lee aunty Address: 1200 Kismet Parkway West, Cape Coral, FL 33993 Signature: Title: President & CEO Patrick H. Carr STATE OF FLORIDA: 0 COLLIER COUNTY 0 LEE COUNTY S giro:nd Sub cribed Before Me,a Notary Public,for the above State and County,on this 21st Day of V _t 0 2 Christ ne Men RZ'"Yrikr, CHRISTINE MENDEZ Notary Pubi .: it :: MY COMMISSION#DD 808798 :�: .•,= EXPIRES:October 31,2012 My Commission Expires: 10/31/2012 "6 ,o„f Bonded Tku Wary Public Undo/milers (AFFIX OFFICIAL SEAL) 20 Construction Services Agreement:Revised 1/1/2012 Packet Page-241- 2/12/2013 11 .A. www.sunbiz.org-Department of State F agc 1 Vi FLORIDA DEPARTMENT OP STATE _ �f DIVISION OF CORPORATIONS Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List !Entity Name Search No Events No Name History Stlbmitk1 Detail by Entity Name Foreign Profit Corporation POOLE&KENT COMPANY OF FLORIDA Filing Information Document Number F04000003751 FEI/EIN Number 753163466 Date Filed 07/01/2004 State DE Status ACTIVE Principal Address 1781 N.W.NORTH RIVER DRIVE MIAMI FL 33126 Mailing Address C/O EMCOR GROUP,INC.,301 MERRITT SEVEN 6TH FLOOR NORWALK CT 06851 Changed 06/30/2005 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301-2525 US Officer/Director Detail Name&Address Title VP STRICKLAND,DAVID A 1781 N.W.NORTH RIVER DRIVE MIAMI FL 33126 Title VP MACCLUGAGE,BRIAN 1781 N.W.NORTH DRIVE DRIVE MIAMI FL 33126 Title PTCE CARR,PATRICK H 1781 N.W.NORTH RIVER DRIVE MIAMI FL 33126 Title CFO http://www.sunbiz.org/scripts/cordet.exe?act'^^=n."'PTT u.;^^ doc_number=F040000037... 8/23/2012 Packet Page -242- T 2/12/2013 11 .A. www.sunbiz.org-Department of State Fttgc G Ul HARRINGTON, RICHARD 1781 N.W.NORTH RIVER DRIVE MIAMI FL 33126 Title VPAS NEESE,CHARLES K 1781 N.W.NORTH RIVER DRIVE MIAMI FL 33126 Annual Reports Report Year Filed Date 2011 05/16/2011 2012 04/23/2012 2012 07/10/2012 Document Images 07/10/2012--ANNUAL REPORT, gwi In PD,VfocfiRM 04/23/2012--ANNUAL REPORT Y"' jemage irk„Ppf"fogank I 05/16/2011 —ANNUAL REPORT M '' '- wtnag11TM00 fbrrtlAn ,, l 03/31/2011 —ANNUAL REPORT RFC*VQA -t:tWtirl na „, 04/08/2010--ANNUAL REPORT , ig rn” DFftirm ge 04/02/2009—ANNUAL REPORT . aSTk YaK S g"a + 03/18/2008—ANNUAL REPORT 4 Yr Rre age in P;{ o1mat 10 01/19/2007--ANNUAL REPORT s;`^,,fga mad?ih bµF for n R 02/07/2006—ANNUAL REPORT ' T .^i tevr;t'm,ge 1rtMfsT?Forbaf,` ;` 06/30/2005—ANNUAL REPORT EsmiligiiiikONFotiq 07/0112004—Foreign Profit `+ ¢NIAAX:Qenn PpF forma Note:This is not official record.See documents if question or conflict. Previous on List Next on List Return To List 'Entity Name Search No Events No Name History _Su6mlt, I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright©and Privacy Policies State of Florida,Department of State http://www.sunbiz.org/scripts/cordet.exe?act'^-°T'PTTT e.;", doc_number=F040000037... 8/23/2012 Packet Page-243- 2/12/2013 11 .A. Lee County Tax Collector's Office Page 1 V1 1 -,..).3:, ",`''•11 ,y y.. "_I'H ( '() I e,t-°i r)1 T.4'N F Try'I 1140X Home• FAQ •En Espanol•Contact Us• Printable Version Search... C"O Information Property Taxes Vehicles 1 Vessels Driver License Hunting& Fishing Local Business Taxes Pay Online %`rr view cart] (w"checkout! 7 .1#e o T Business Tax Account Information eaw S afitI't fk a Business POOLE&KENT COMPANY OF FLORIDA 1781 NW NORTH RIVER DR MIAMI FL 33125 (305)325-1930 Account 1202799 Description CERTIFIED GENERAL CONTRACTOR Mailing Address PO BOX 420556 MIAMI FL 33242-0556 Year Amount Account is paid current. Outstanding Balance Due as of 8/23/2012 $0.00 Additional Options: Payments Made Change Mailing Address Copyright©2009,Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search detail.asp?acct ''"'"'"- -chType=OCCLIC 8/23/2012 Packet Page-244- 2/12/2013 11 .A. Lee County Tax Collector's Office F a6c i vi `^er (.'r) cf.0,' Home•FAQ•En Espanol•Contact Us•Printable Version'Search._ Information Property Taxes Vehicles/Vessels Driver License Hunting&Fishing Local Business Taxes Pay Online Tax Roll Search-Tangible Property 1:51 To make a payment,review payment history,or find detailed information on an account,you will need to first search the tangible property records for the account in question.When searching or making a payment for an Installment account, select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button. The downloadable data provided to the Public is in standard,industry accepted,either Tab or Comma Delimited format. The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e.errors&insolvencies(E&1),bankruptcy,litigation,issuance of warrants, etc.), r View Search By: Name I r Save as File Tax Year: 2011 2j(Note:Current Tax Year is 2011) —View file format. Name: Poole&Kent r Extensive Search (Note:Please use the format, Last Name First Name) Start 1i i Starch GG R Tips 'L) Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_criteria.asp?sezr"*—,°=TAR.,.=>,,,.ne&r=1&page_id=searchc... 8/30/2012 Packet Page-245- _~.._~ .... �-`_.~_~_-~-_ _- _- 2/12/2013 11 .A. Lee County Tax Collector's Office Eugc / in � �* �� t,',..‘,,,,,,044 ,^ Th.� /`�.;' /dr I ~vao/ � 4— �tii �:.■CVLi',1�4'%:):_`1iAt=1a101: Hu�^F�^�E��^��Uo, Ph�b��- �� Information Property Taxes Vehicles/Vessels Driver License Hunting& Fishing Local Business Taxes Pay OnUno _ _ `- `��==��- *r �-~ ( Page In of 0 Show me 20 �� 0�#�� 0mutxhoo perpu8o �� Account/ Tax Name/ Status/ Real Property Account Year Address Outstanding Balance Sorry,we could not find any matches for your search... *ft,` 1. ~., Page 0 Show me 20 | --' um��o per page | LG4 Copyright©2009,Lee County Tax Collectors Office.All rights reserved.-View Site Policies-View Payment Policies oak, ~�~ http://www.leetc.com/search_results.asp 8/30/2012 ' - Packet Page -246- 2/12/2013 11 .A. Lee County Tax Collector's Office P..5., - — - d "[i 7 . + .r; e ( 0 '.'.e l 01, ta) .,-,w kffi ..._b'r`Sr ri_lF Tip, C's91C:Ui: 'ir Home•FAQ•En Espanol•Contact Us•Printable Version!Search... 1-GO Information Property Taxes Vehicles i Vessels Driver License Hunting&Fishing, Local Business Taxes Pay Online Tax Roll Search-Tangible Property '3y A,,T.;e9t2.0. To make a payment,review payment history,or find detailed information on an account,you will need to first search the tangible property records for the account in question.When searching or making a payment for an Installment account, select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button. The downloadable data provided to the Public is in standard,industry accepted,either Tab or Comma Delimited format. The Tax Collectors Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e.errors&insolvencies(E&l),bankruptcy,litigation, issuance of warrants, etc.). t; View Search By: Address --I ; 2/12/2013 11 .A. Lee County Tax Collector's Office P�ij, . �. . Tr41., (,`() ! 'r,i'0 , ,tip;. rr, ,' r tgNA .-:t1-1( i-,isi't�.._'.i-i: _t4it:C,i/.,t: I Home•FAQ•En Espanol• Contact Us• Printable Version(Search... 1 GO1 information Property Taxes Vehicles.Vessels Driver License Hunting&Fishing Local Business Taxes Pay Online r,'.. Vie�+r Can CN &istiti t 7 ,Iteip1 Page LA of 0 Show me 20 1 Ed 5_ea :h 0 matches per page Account/ Tax Name/ Status! Real Property Account Year Address Outstanding Balance Sorry,we could not find any matches for your search... Page L a of 0 Show me 20 1 search 0 matches per page LGJ Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_results.asp 8/23/2012 Packet Page -248- 2/12/2013 11 .A. Lee County Tax Collector's Office I a6c VI TO f:;r) xr�f; .71x1'i ij.::N•'i (-?Va 'i i':1s Dui it Home•FAQ•En Espanol•Contact Us• Printable Version'Search... J information Property faxes Vehicles f Vessels Driver License Hunting&Fishing Local Business Taxes Pay Online Tax Roll Search-Real Property �Y sab a, LI 04 To make a payment,review payment history,or find detailed information on a parcel,you will need to first search the tax roll for the parcel in question.When searching or making a payment for an Installment account,select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button.The downloadable data provided to the Public is in standard, industry accepted,either Tab or Comma Delimited format.The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e. tax certificate sale, tax deed application,county held tax certificates, errors&insolvencies(E&I),bankruptcy,litigation,etc.) t: View Search By: Name .'] f=, Save as File Tax Year: 2011 •I(Note:Current Tax Year is 2011) View file format. Name: Poole&Kent r Extensive Search (Note: Please use the format,Last Name First Name) Start S a.chi Searctrat Tips Copyright©2009,Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_criteria.asp?searolitur,P=P k n=tRYes&r=24&page_id=search... 8/23/2012 Packet Page -249- 2/12/2013 11 .A. Lee County Tax Collector's Office 1-ale 1 v1 1 rJ l �W vI3��y Home•FAQ•En Espanol• Contact Us• Printable Version Search... P_! information , Property Taxes ' Vehicles/Vessels Driver License Hunting Si,Fishing Local Business Taxes Pay Online x` Eiif' Page IIIM of 0 Show me 20 �c 0 matches per page Account Tax Name/ Status/ Year Address Outstanding Balance Sorry,we could not find any matches for your search... New Page i -..of 0 Show me 20 � : Seart�7 0 matches per page i=d Copyright©2009,Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_results.asp 8/23/2012 Packet Page -250- 2/12/2013 11 .A. Lee County Tax Collector's Office hags 1 01 1 (`tl t!dr:>�. _ci.rry i l:i i Home•FAQ•En Espanol•Contact Us•Printable Version Search... Information Property Taxes Vehicles If Vessels Driver License Hunting tt Fishing Local Business Taxes Pay Online Tax Roll Search-Real Property -By To make a payment,review payment history,or find detailed information on a parcel, you will need to first search the tax roll for the parcel in question.When searching or making a payment for an Installment account,select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button.The downloadable data provided to the Public is in standard, industry accepted,either Tab or Comma Delimited format.The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser, This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e.tax certificate sale,tax deed application,county held tax certificates, errors&insolvencies(E&l),bankruptcy,litigation, etc.) View Search By: Address i I c Save as File Tax Year: 2011 (Note:Current Tax Year is 2011) View file format. Address: 1200 Kismet PKWY W 1— Extensive Search Number Street Start Search Seurch'sx lips ,,) Copyright©2009,Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_criteria.asp?seP,.^b*--°-1?°R"°*°"es&r=24&page_id=search... 8/23/2012 Packet Page -251- 2/12/2013 11 .A. Lee County Tax Collector's Office r,A5.... ... V.A. .1l. Tf.t. V. ■S--; I , Home•FAQ•En Espanol•Contact Us• Printable Version Search... I GO Information 1 Property Taxes i VehIcles?Vessels Driver License Haunting& Fishing, . . Local Business Taxes. Pay Online . .. _ ,.. Isar View Cre4 .7: I — . I" Checkout ,..- Pagell ■lof 1 Show me 20 I :6-_--.i] 1 match per page Tax Name/ Status/ Account Year Address Outstanding Balance 34-43-23-C1-02969.0000 2011 CITY OF CAPE CORAL zERoTAX tootaii 3 REAL ESTATE DIVISION ,_ 1200 KISMET PKWY W '"--1Nkpm Page L.12:1 of 1 Show me 20 1.94 S. eari 1 match per page Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://vnvw.leetc.com/search_results.asp 8/23/2012 Packet Page -252- 2/12/2013 11 .A. Leo County Tax Collector's Office Iup, ^ "^ ^ 1 '1� +0` .� ' � -a �� L�. �yws.w� Home•FAQ•En Espanol.Contact Us Printable Version Search... k~�mi 1 -------- .'-'--' -T `--- - --- -- --- —'- - } tnforniatton Property Taxes Vehicles i Vessels Driver License Bundnm&F�h�g ' Lmca Business Taxes PeyQoHue 'tart chiiekOtik =�� Real Property Information searchlr Account Tax Year Status 3445'23'C1-02369.0000 2011 ZEROTAX Original Account Instrument No 3443'23'C1'02969.0000 2007000284058 Owner CITYOF CAPE CORAL REAL ESTATE DIVISION Physical Address Mailing Address 1200 KISMET PKWY W PO BOX 15VO27 CAPE CORAL FL 33993 CAPE CORAL FL 33915 USA Legal Description CAPE CORAL UNIT 42BLK29OSPB23/96BLK2964PB23/97BLK29OOPB17/33ELK 28O9A+2SO9BPB1D3S8LK2V74PB17/42BLK2887PB23/97BLK2Q88PB23/97ELK 2SO9PB23oJ5+VAC 2nOOOOO412737 Outstanding Balance asny8/23/2V1u $0.00 Additional Options: Tax Detail Payments Made All Unpaid Taxes Tax History Link to Property Appraiser's Tax Estimator See also: Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_detailasp?acconnt=lazymc 111')Q690000&SearchType=RP... 8/23/3012 Packet Page -253- 2/12/2013 11 .A. Lee County Property Appraiser- Online Parcel Inquiry F_b_ v,. Lee County Property Appraiser Tax Year w Next Lower Parcel Number Next Higher Parcel Number Tangible Accounts Tax Estimator Cape Coral Fees Tax Bills Print Property Data for Parcel 34-43-23-C1-02969.0000 _ �•__ .__. .._.i Owner Of Record [Tax Map Viewer] Image of Structure !i rQ�c�tczer®aeGnsrala �ls�iR,�i orris r9®® CITY OF CAPE CORAL '�- � _� rlirialt fi t ti eitairBSmrniimIN,lIlimirni! c/o REAL ESTATE DIVISION neiBeillrim�i��arsrrraeinK�Fmfm iiimiimil PO BOX 150027 F T ' - """ "'� 10-17V-- OWiriim` i r r, CAPE CORAL FL 33915 iamrmirlm gq ni i-,. t'�r ,�_�,�,1,1r� ririuimie u mm® la - t:� .e.,-,1,4' t eiiinioem n.sri®r>ai® •3 i LIE°°HYiic7 Site Address mp � r i 4 3 �momt� � mfr �,) �r �j , . 1 Jj !jJ .au'F r ormim i KWY W m�nr c t r -009, - , m Numu J 1 nii rf 102969mm m Legal Description C!:°121 IE /7'>} "i°r®ie�J 1 �-A ti! 4._P.Z G 2;, r -4' " ,i. mrilirril CAPE CORAL UNIT 42 .,emi,l v®J i , I ,nsamtinno k �, `` BLK 2909 P623/96 BLK 2964 P623/97 it 1110, f i msieeQ imipmCi �iR ceiiTa , ,,"i€ BLK 2968 PB17/39 BLK 2969A+29698 ■1IIZt'la.i-IE L1142.1/:12e,„1121,_.-.--„- mo PB17/39 BLK 2974 PB17/42 BLK 2987 lLnafr� c mrserr"_:a,rsrriorm 11:2'ES eE 2 j , zi..:, PB23/97 BLK 2988 PB23/97 BLK 2989 [Pictometry Aerial Viewer] < Photo Date February of 2010 ) PB23/95+VAC 2006000412737 1 Classification/ DOR Code MUNICIPAL-OTHER/89 /-/;;,) Exemptions Attributes Property Values(2012 TRIM) p L. • Homestead/Additional 0 /0 Land Units Of Measure SF Just 6,770,875 Widow/Widower 0 /0 Units 4295042.00 j Assessed 6,770,875 Disability 0 Frontage 0 I r Portability Applied 0 Wholly 6,770,875 Depth 0 i Cap Assessed 6,770,875 Senior 0 Total Number of Buildings 5 Taxable 0 Agriculture 0 Total Bedrooms/Bathrooms 0/22.0 Cap Difference 0 Total Living Area° 70,614 l let Year Building on Tax Roll 2010 0 I Historic District No �._..,,._..._+...._,, ....,,_...-.,,.�.,._..._.. ,_....w.............._.,.._- Taxing Authorities__,_...._,..__�..._..v_......._.._..,....._.,.__..__........�.,.._ + Sales/ Transactions 1 + Building/Construction Permit Data i [! + Parcel Numbering History I + Solid Waste(Garbage) Roll Data 1 i + Flood and Storm Information i + Appraisal Details f TRIM(proposed tax)Notices are available for the following tax years [2007 2008 24Q9 2010 2011 241.2.) Next Lower Parcel Number Next Higher Parcel Number New Query Search Results Home III http://www.leepa.org/Display/DisplayParcel.asnx?&BuildineDetail=ON&STRAP=344323... 8/23/2012 Packet Page -254- 2/12/2013 11 .A. 1200 Kismet Parkway W,Cape Coral 33993 -Google Maps Page 1 of 17 To see all the details that are visible on the screen,use the"Print"link next to the map. Google < __ate r A k xy.ti s a 71 i ,,,,,--.1."''':7-' 1 .s.. V t ; F �. { { k @ a C . 111-,14 ..., . .vi ''r - — VFat8\25I* FJcco• •, , ;lam t ii °fe �F '3 77 1 kr # h $ r 'r4`Z ,:,..4. it, F.'''' ---4-7 max, C 7?,t 3u FIUt'u�st..' t ^.- t,. - tYFl 2-z..; . iT. e - t`1 t f �+ ... tic„ � Y'' R �,,•. �� tied! -. :l Y�. l.,-----'1.-"''''. � Y.T1 �.. _ r ��taa �` v 'L ,4.' 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The last office trailer they had in Cape Coral was at the North Cape RO WTP site, and it was removed in April of 2010. They do have personnel that live in the area,and I cannot say for certain that they do not have an office in the area,however,they no longer have an office trailer at any of the Cape Coral project sites(Everest WRF,SW WRF, or North Cape RO WTP). Please feel free to contact me at 239-825-0665(my cell phone)with any additional questions. Best Regards, Tom Machinski,MWH Project Director 1 Packet Page-262- 2/12/2013 11.A. Cier Cou.Hty Adrninlstrafvee Services Division Purchasing AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION#12-5931 MASTER PUMP STATION 312 REHABILITATION(CHECK APPROPRIATE BOXES BELOW) State of Florida(Select County if Vendor is described as a Local Business ®Collier County ®Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing,a vendor shall not be considered a local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in Ea Collier County or❑Lee County: 2006 Number of Employees(Including Owner(s)or Corporate Officers): 128 Total employed in Collier/Lee since 2006 Number of Employees Living in © Collier County or[glee(Including Owner(s)or Corporate Officers):73 Total resided in Collier/Lee since 2006 If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Poole & Kent Company of Florida Date: 8/21/2012 Collier or Le County Address: 1200 Kismet Parkway West, Cape Coral, FL 33993 Signature: 'C"�� C1.---. Title: President & CEO Patrick H. Carr STATE OF FLORIDA: ❑COLLIER COUNTY ❑LEE COUNTY S om o nd Sub cribed Before Me,a Notary Public,for the above State and County, on this 21st Day of A t 20 2 Ap � ks v 11' aI�FY P$a CHRISTINE MENDEZ Christ ne Mend • r• Notary Pub)i ' €.e .- MY COMMISSION#DD 808798 'Y. .41` EXPIRES:October 31,2012 My Commission Expires: 10/31/2012 tL•� Bonded Thu Notary Put*Underwriters (AFFIX OFFICIAL SEAL) 20 Construction Services Agreement:Revised 1/1/2012 Packet Page -263- www.sunbiz.org- Department of State 2/12/2013 11 .A. FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS /457: T Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List 'Entity Name Search No Events No Name History -Su bmlt:°I Detail by Entity Name Foreign Profit Corporation POOLE& KENT COMPANY OF FLORIDA Filing Information Document Number F04000003751 FEI/EIN Number 753163466 Date Filed 07/01/2004 State DE Status ACTIVE Principal Address 1781 N.W. NORTH RIVER DRIVE MIAMI FL 33126 Mailing Address C/O EMCOR GROUP, INC.,301 MERRITT SEVEN 6TH FLOOR NORWALK CT 06851 Changed 06/30/2005 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE FL 32301-2525 US Officer/Director Detail Name&Address Title VP STRICKLAND, DAVID A 1781 N.W. NORTH RIVER DRIVE MIAMI FL 33126 Title VP MACCLUGAGE, BRIAN 1781 N.W. NORTH DRIVE DRIVE MIAMI FL 33126 Title PTCE CARR, PATRICK H 1781 N.W. NORTH RIVER DRIVE MIAMI FL 33126 Title CFO Packet Page-264- doc_number=F040000037... 8/23/2012 http://www.sunbiz.org/scripts/cordet.exe?actl„11-1,�,.1 1LVG.111.� www.sunbiz.org - Department of State 2/12/2013 11 .A. HARRINGTON, RICHARD 1781 N.W. NORTH RIVER DRIVE MIAMI FL 33126 Title VPAS NEESE,CHARLES K 1781 N.W. NORTH RIVER DRIVE MIAMI FL 33126 Annual Reports Report Year Filed Date 2011 05/16/2011 2012 04/23/2012 2012 07/10/2012 Document Images 07/10/2012--ANNUAL REPORT View image in,.PDF format ;� 04/23/2012--ANNUAL REPORT View image in PDF.format. 1 05/16/2011 —ANNUAL REPORT .. „,..; View image in PDF forma# _ ;..;1 03/31/2011 —ANNUAL REPORT iew ii mage iri PDF.format 1 04/08/2010--ANNUAL REPORT V ew:image in PDF format '!1 04/02/2009—ANNUAL REPORT . ~ View lrrlage in;PDi*,forma#3P 03/18/2008—ANNUAL REPORT , ::View,image inPDF format ,41 01/19/2007—ANNUAL REPORT , -Viewimage+ii PDF format 1 02/07/2006--ANNUAL REPORT iliew:image in PDF format 06/30/2005—ANNUAL REPORT -i'View.image in PDF format . . 07/01/2004—Foreign Profit View image in PDF format Note:This is not official record. See documents if question or conflict. Previous on List Next on List Return To List 'Entity Name Search No Events No Name History Submit I Home I Contact us I Document Searches I E-Filinq Services I Forms I Help I Copyright©and Privacy Policies State of Florida,Department of State Packet Page-265- doc_number=F040000037... 8/23/2012 http://www.sunbiz.org/scripts/cordet.exe?ac,.� L�� L 11.�,n,�..,� Lee County Tax Collector's Office 2/12/2013 11 .A. fir:. t. t ' arr,. GO Home•FAQ• En Espanol•Contact Us• Printable Version Search... 'i Information Property Taxes Vehicles t Vessels Driver License Hunting &Fishing Local Business Taxes Pay Online 2-410 IttelP i Business Tax Account Information I!Jeu� Search. Business POOLE&KENT COMPANY OF FLORIDA 1781 NW NORTH RIVER DR MIAMI FL 33125 (305)325-1930 Account 1202799 Description CERTIFIED GENERAL CONTRACTOR Mailing Address PO BOX 420556 MIAMI FL 33242-0556 Year Amount Account is paid current. Outstanding Balance Due as of 8/23/2012 $0.00 Additional Options: Payments Made Change Mailing Address Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-view Site Policies-View Payment Policies Packet Page -266- http://www.leetc.com/search_detail.asp?acc,,«.., 8/23/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. Home• FAQ• En Espanol•Contact Us• Printable Version Search... 'GO Inforn°nation Property Taxes Vehicles I Vessels Driver License Hunting& Fishing Local Business Tares Pay Online Tax Roll Search-Tangible Property y To make a payment,review payment history,or find detailed information on an account,you will need to first search the tangible property records for the account in question.When searching or making a payment for an Installment account, select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button. The downloadable data provided to the Public is in standard,industry accepted, either Tab or Comma Delimited format. The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e. errors&insolvencies(E&l),bankruptcy,litigation,issuance of warrants, etc.). fa View Search By: Name Save as File Tax Year: 77 7(Note:Current Tax Year is 2011) --View file format. Poole&Kent Name: r Extensive Search ( Note: Please use the format, Last Name First Name ) LLStart Search Search'sa' bpi Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://wwwleetc.com/search_criteria.asp?sEPacke Y Page 26711ome&r=1&page_id=searchc... 8/30/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. k ,,y f, K 7.10, �R� riii ctl'?[ i.`f...4'1 '.'I. C/:It1(a(71 r--©-1 Home• FAQ•En Espanol•Contact Us• Printable Version Search... iG__..i Irttormatio�n Property Taxes Vehicles!Vessels Driver License Stunting&Fishingg. Local Business Taxes Pay Online I�Iivt+Y -� Page ' of 0 Show me 20 &6 Search = 0 matches per page Account/ Tax Name/ Status! Real Property Account Year Address Outstanding Balance Sorry,we could not find any matches for your search... 1New" A Page -1 of 0 Show me 20 � . ; Seard1 0 matches per page 6 Copyright©2009, Lee County Tax Collectors Office.All rights reserved.-View Site Policies-View Payment Policies Packet Page http://ww .leetc.com/search_results.asp 268 w 8/30/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. ;?> V sTil kill Home• FAQ• En Espanol•Contact Us•Printable Version Search... I-- information Property Taxes Vehlrles£Vessets.- Driver License Hunting & Fishing Local Business Taxe s Pay Online Tax Roll Search-Tangible Property .j Lee County Tax Collector's Office 2/12/2013 11 .A. ....w. (f :■:-.' f•i Of '''''''.■f 7'4')'''' . :11„ ;:i; '();INI-Iill) Home• FAQ• En Espanol•Contact Us• Printable Version Search... I GO i Information Property Taxes Vehicles I'Vessels Driver License Hunting&Fishing Local Business Taxes Pay Online ..... IV, Vitioirtitx O'"P1.1.00...::_1 ;•," ii-oit Neli'l' Search-- Page 1112 of 0 0 matches Show me 20 per page 124 Account! Tax Name/ Status/ Real Property Account Year Address Outstanding Balance Sorry,we could not find any matches for your search... : Pa a , e: t, e -.....1 of 0 Show me 20 4 g L.. 0 matches per page 12 Serdi Copyright 0 2009, Lee County Tax Collectors Office.All rights reserved.-View Site Policies-View Payment Policies Packet Page-270- http://www.leetc.com/search_results.asp 8/23/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. Home• FAQ• En Espanol•Contact Us•Printable Version Search... t):i Information Property Taxes Vehicles l Vessels Driver License Hunting&Fishing Local Business Taxes Pay Online Tax Roll Search-Real Property Y e.1.YDc� To make a payment,review payment history, or find detailed information on a parcel, you will need to first search the tax roll for the parcel in question.When searching or making a payment for an Installment account, select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button.The downloadable data provided to the Public is in standard, industry accepted,either Tab or Comma Delimited format.The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e. tax certificate sale, tax deed application, county held tax certificates, errors&insolvencies(E&l), bankruptcy, litigation, etc.) t; View Search By: Name .1 C- Save as File Tax Year: 2011,( Note:Current Tax Year is 2011) View file format. Name: Poole&Kent r Extensive Search ( Note: Please use the format, Last Name First Name) Search+ 6 ,Start Search Tips Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies http://www.leetc.com/search_criteria.asp?s�,PackeNPage -271Laxes&r=24&page_id=search... 8/23/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. il , t :j ', r�4i: i _',},Ir CI{ry: r.-w_ Home• FAQ•En Espanol• Contact Us• Printable Version Search... Q._ Information Property Taxes Vehicles!Vessels Driver License Hunting & Fishing Local Business Taxes Pay Online I1(�Yt Page L:=J of 0 Show me 20 d6 Search 0 matches per page l-1 Account Tax Name! Status! Year Address Outstanding Balance Sorry,we could not find any matches for your search... ,. New Page of0 Show me 20 Ga Search I 0 matches per page Copyright©2009,Lee County Tax Collector's Office.All rights reserved.-View Site Policies-View Payment Policies Packet Page -272- http://www.leetc.com/search_results.asp 8/23/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. r" t ; a_ c r)T P." 'if ;3 al r vri - Gp1 Home•FAQ• En Espanol•Contact Us•Printable Version Search... tnforrnation Property Taxes Vehicles I Vessels Driver License Hunting& Fishing Local Business Taxes Pay Online Tax Roll Search-Real Property By N.a-D• . 5S To make a payment, review payment history,or find detailed information on a parcel, you will need to first search the tax roll for the parcel in question.When searching or making a payment for an Installment account,select the correct tax year for the installment plan.To streamline your search,various criteria are available for selection below.A summary of your results will be displayed.To view details,just click on the Account Number or Details button.The downloadable data provided to the Public is in standard, industry accepted,either Tab or Comma Delimited format.The Tax Collector's Office is not responsible for assisting or training the public in how to use these files. The results to your tax search are based upon information provided to the Lee County Tax Collector by the Lee County Property Appraiser. This website should not be relied upon for a title search.Amounts due are subject to change without notice due to statutory compliance(i.e. tax certificate sale, tax deed application, county held tax certificates, errors&insolvencies(E&l),bankruptcy,litigation,etc.) 1. View Search By: Address -1 {` Save as File Tax Year: 2011 j( Note:Current Tax Year is 2011) View file format. Address: 1200 Kismet PKWY W Extensive Search Number Street sw„«- .. . 4.. .m e ;t ” Start Search Seareti•at Tips ,_m, Copyright©2009, Lee County Tax Collector's Office.All rights reserved. -View Site Policies-View Payment Policies http://www.leetc.com/search_criteria.asp?s�,Packe YPage 2731.axes&r=24&page_id=search... 8/23/2012 Lee County Tax Collector's Office 2/12/2013 11 .A. „.,,. / .t' ( '''I) .:::,1 f'i Or .1., '''''''.A i 7'7■4' _•:11 Y1 I,j:11 Y.Ii:r„. Home•FAQ• En Espanol• Contact Us• Printable Version Search... Information Property Taxes ' Vehicles/Vessels Driver License Hunting & Fishing Local Business Taxes Pay Online -,---,.----- Nevv,01 Page MI of 1 Show me 20 I 4 _ Search ' 1 match per page Tax Name! Status/ Account Year Address Outstanding Balance 34-43-23-01-02969.0000 2011 CITY OF CAPE CORAL ZEROTAX REAL ESTATE DIVISION • 1200 KISMET PKWYW „ow Page of 1 Show me 20 Search.,' 1 match per page Copyright©2009, Lee County Tax Collectors Office.All rights reserved.-View Site Policies-View Payment Policies Packet Page-274- http://www.leetc.com/search_results.asp 8/23/2012 Lee County Tax Co11ectors Office 2/12/2013 11 .A. I Tv�� (,Y}/ i GO Home.FAQ•En Español.Contact Us• Printable Version Search... J Information Property Taxes Vehicles/Vessels DhwyrUcemae ' Hunting zFis�og �� Local Bmu�essTaxes ��OnQno p] Real Property Information Search Account Tax Year Status 34-43-23'C1-02909D000 2011 ZEROTAX Original Account Instrument No 3443'23-C1'02969.0000 2007000284059 Ovvne, CITY OF CAPE CORAL REAL ESTATE DIVISION Physical Address Mailing Address 12OO KISMET PKWY VY PO BOX 15OO27 CAPE CORAL FL 33993 CAPE CORAL FL 33915 USA Legal Description CAPE CORAL UNIT 42BLK2SU9PB23/QO8LK2SO4PB23/97BLK2SG8PB17/39BLK 2383A+2968BP317/39BLK2974PB17/42BLK2987P823/97BLK2908 P323/978LK 2S8QPB23/SS+VAC 2UOOOOO412737 Outstanding Balance as of 8/23/2012 o0.00 Additional Options: Tax Detail Payments Made All Unpaid Taxes Tax History Link to PmpeUY8ppraiser'mTox Estimator See also: Q�� ,„ . --.-� ��—="��s Copyright©2009, Lee County Tax Collector's Office.All rights reserved.-View Site Policies-view Payment Policies Packet Page-275- 6tt»:/6annrw.}eoLc.000/ocarch_dctoil.usp?ucc"".`` "�9690000&Se c=lD,... 8/23/2012 Lee County Property Appraiser- Online Parcel Inquiry 2/12/2013 11 .A. Lee County Property Appraiser Tax Year i A Next Lower Parcel Number Next Higher Parcel Number Tangible Accounts Tax Estimator Cape Coral Fees Tax Bills Print • .. — ........ .....,_ Property Data for Parcel 34-43-23-C1-02969.0000 Owner Of Record [Tax Map Viewer] Image of Structure CITY OF CAPE CORAL ,...: F4Fmot,c.TRENISOKnang;Ftrunzrernicetatil ,,,' .., -- ;reitirrniihrobilifilimISICEIE 17-,,,,,,",, , c/o REAL ESTATE DIVISION ttudacIttasteumeaRovimiesntimplrelp,ANFiernisti„tyll,,,,,,,z,.,,,1,0 ,0, PO BOX 150027 ussmiletom,;(tiiiiilyga■- - , -,A4.,..s:7,,:,-2.'-'„S9'2-' .44.„„./ '' k.......-- ' -4 CAPE CORAL FL 33915 Enerirffljtm 1 ---wo ',..rtr- 2#4L--r4,,, -. zvr.iz,.-- ...s.- - .-g. igiatinni alitiffigm6a ;;:=,..,'-i, 1:41,c,;.., , tHilligliha, - A;i4,1'411 `.'kt,tt,.: ..,.. Site Address iriumistek,..—Azi symilmiii,1 i4 ,,, ., ig:,,,Leaupq wig ' i gokintt...- I, ti, 0..--At ptigli-4-ff.ai f 1200 KISMET PKWY W :Litr,E11.4-'-„-141i , e ''.-!'-'1,,,, ,,,,. ' 04-Jul giillol MVO , nu 'ra1,1Z:4 44044777. CAPE CORAL FL 33993 :114,..ir,,P1 02969 01)00 ' „' 7.'"ftilL52!REI ag....2.-----,,y..._ '.......„. 't-4.-.t --:.•`,."-.7-^ P,'grlimmtl .. s' l ,,,•,:f.1 cog . ,•■•z-', fr.- .41.--ie-____)'', 4,k JEN mem Legal Description i!!,ir;Lig'k i' ;',;,---"'," 4'11116111 iff, CAPE CORAL UNIT 42 tl,,,,,,, BLK 2909 PB23/96 BLK 2964 PB23/97 tragintittirmatligoiggesmegraii2-zprIt.flom 4.4tek#,F-4f,.:, F:;.'*-fh.},:4,A4,,,„.. BLK 2968 PB17/39 BLK 2969A+2969B gtardri:I ---T--Nr.--"'""'-w-Elii2E! e-1! "."`"12E -=-1".-1/4.41 fiii4Frat *,,, f.,,271,7t3ti: i4;01,4,40,, PB17/39 BLK 2974 PB17/42 BLK 2987 g,ng di 11 RI,ilmillsom ...-•=:41Ntmmillumel Alp aminE1, 4tOrtiV.2% .0A.::-- '''1«v30,40,4004.-Itt-:',P4-,,,,,E, ? PB23/97 BLK 2988 PB23/97 BLK 2989 [Pictoinetry Aerial Viewer] < Photo Date February of 2010 > PB23/95+VAC 2006000412737 Classification/ DOR Code MUNICIPAL-OTHER/89 A'-';',l 1 l Property Values(2012 TRIM) Exemptions Attributes Homestead/Additional 0 /0 Land Units Of Measure SF Just 6,770,875 Widow/Widower 0 /0 Units 4295042.00 Assessed 6,770,875 Disability 0 Frontage 0 Portability Applied 0 Wholly 6,770,875 Depth 0 • Cap Assessed 5,770,875 Senior 0 Total Number of Buildings 5 Taxable 0 Agriculture 0 Total Bedrooms/Bathrooms 0/22.0 Cap Difference 0 Total Living Area 0 70,614 1st Year Building on Tax Roll 2010 Ce ____ Historic District No + Taxing Authorities + Sales/ Transactions ---7 + Building/Construction Permit Data ! 4. Parcel Numbering History t..... _ 4. Solid Waste(Garbage) Roll Data : — ... + Flood and Storm Information + Appraisal Details TRIM(proposed tax)Notices are available for the following tax years [2007 2008 2009 2010 2011 2121.2] III Next Lower Parcel Number Next Hioher Parcel Number New Query Search Results Home Page -26- http://www.leepa.org/Display/DisplayParcePacket 7 _,..._. .... Jetail=ON&STRAP=344323... 8/23/2012 - 2/12/2013 11 .A. 1200 Kismet Parkway W,Cape Coral 33993 - Google Maps Page � ui � To see all the details that are visible on the screen, use the"Print"link next to the map. Go gIe Z. 2 . j t N { .a ,i e ;l J `¢,.m�.. .ywp i Vr''.g. ICI .,.Fa t F ` ta1451 <'E r c r I r 1 2 " w.z J TM rttexGll. t .-' L f c 3�. 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MarkiewiczJoanne From: Thomas Machinski [Thomas.G.Machinski©us.mwhglobal.com) Sent: Wednesday, September 12, 2012 5:10 PM To: MarkiewiczJoanne Subject: Poole & Kent Cape Coral Office Trailers Joanne, It was a pleasure chatting with you today. I did some research on your query concerning P&K's project office trailers located at our Cape Coral Program project sites. The last office trailer they had in Cape Coral was at the North Cape RO WTP site, and it was removed in April of 2010. They do have personnel that live in the area,and I cannot say for certain that they do not have an office in the area, however,they no longer have an office trailer at any of the Cape Coral project sites(Everest WRF,SW WRF, or North Cape RO WTP). Please feel free to contact me at 239-825-0665 (my cell phone)with any additional questions. Best Regards, Tom Machinski, MWH Project Director • 1 Packet Page -284- 2/12/2013 11 .A. MarkiewiczJoanne From: Wanda Roop[wroop @capecoral.net] Sent: Wednesday, September 26, 2012 4:22 PM To: MarkiewiczJoanne Cc: William P. Burtrey Subject: FW: Poole & Kent Joanne, Procurement contacted both the RO Plant and Utilities Administration and have confirmed that Poole and Kent does not have a employees,trailer and/or modular office located at 1200 Kismet. What they do have is two storage containers with tools at the 1200 Kismet location. Poole and Kent does occasionally come on site for warranty work. If you have any questions,or need additional information, please let me know. Regards, Wanda Roop Procurement Manager City of Cape Coral (239) 574-0833 1 Packet Page -285- 2/12/2013 11.A. /� 515 North Flagler Drive• Suite 600 riI�NSTEIN 8i; EI�R LLI' µ� West Palm Beach,Florida 33401 ATTORNEYS AT LAW SINCE 1893 * ";, Phone 61.g 8O0 FaX 61.6 I 5 33.9 5 55.555 www.arnstein.com Stuart H.Sakwa 561-650-8484 Coez to shsakwa @arnstein.com tri September 19, 2012 Via E-Mail and U.S. Mail Ms. Joanne Markiewicz Interim Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Re: Solicitation #12-5931, Master Pump Station 312 Rehabilitation Collier County Public Utilities Planning & Project Management 3339 Tamiami Trail East; Suite 303 Naples, FL 34112 Subj: Bid Protest Decision Dear Ms. Markiewicz: This acknowledges receipt of your Protest Decision letter dated September 13, 2012. Please be advised that your letter was not received until September 17, 2012, because the e-mail address listed on the letter contains a misspelling. In your decision letter, you indicate that rather than address Poole & Kent Company of Florida's (Poole & Kent's) substantive challenge to the County's Local Vendor Preference, you have determined that Poole & Kent should be disqualified because its Affidavit for Claiming Status as a Local Business, "appears to contain false information." You then identify the basis for your conclusion as Lee County property records, aerial photographs and records, and the statement of an employee from MWH Global. It is improper for the County to make a determination that Poole & Kent should be disqualified based upon appearances, rather than on actual facts. While you listed a few items that make it "appear" as if Poole & Kent does not have a physical business address, you omitted other facts that the County was actually aware of that demonstrate that Poole & Kent actually has a physical business address in Lee County. CHICAGO HOFFMAN ESTATES SPRINGFIELD MILWAUKEE FORT LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA RATON Arnsrein &Lehr LLP is a member of the International Lawyers Network 10370050.1 Packet Page -286- 2/12/2013 11 .A. ARNSTEIN&LEHR LLP Ms. Joanne Markiewicz September 19, 2012 Page 2 Poole & Kent does not dispute that the Lee County property records do not reflect the existence of its trailer on the City of Cape Coral's property. However, as noted in its Bid Protest Letter, the payment of property taxes is not a requirement of the Local Vendor Preference policy, and is not evidence of whether Poole & Kent has a physical business address. As to the aerial photographs, and Google images, the information you provided in unintelligible due to the poor copying quality. While Poole & Kent does not dispute that its large office trailer was removed from 1200 Kismet Parkway West, Cape Coral, FL 33993; Poole & Kent still has another trailer at this location from which it performs its on-going business in Lee County, including the performance of warranty work for the City of Cape Coral Utility Department. With regards to your reliance on Mr. Machinski's statement, such "evidence" it is double hearsay. First, the County is relying on an unsworn statement from Mr. Machinski. Second, Mr. Machinski's e-mail to you indicates that he does not have personal knowledge of whether Poole & Kent has a trailer on site, as he says that he, "did some research" to answer your question. Poole & Kent was informed by an employee at the City of Cape Coral that last week someone from Collier County went to the City of Cape Coral project site, spoke with the employee of the City of Cape Coral about Poole & Kent's performance of work, and took photographs of Poole & Kent's existing trailer at the 1200 Kismet Parkway West address. Thus, it appears that the County is ignoring direct evidence of the existence of Poole & Kent's physical address that it obtained though personal observation, and is instead relying upon the "appearance" of a lack of a physical address to justify its actions. Pursuant to Section XIX.F of the County's purchasing policy, this letter shall serve as Poole & Kent's written objection to your decision. Furthermore, in accordance with Section XIX.G of the County's purchasing policy, Poole & Kent requests that the County Manager appoint an independent hearing officer to review the facts and conduct a hearing into Poole & Kent's bid protest. In the alternative, pursuant to Section XIX.H 10370050.1 Packet Page -287- 2/12/2013 11.A. ARNSTEIN 8s LEHR LLP Ms. Joanne Markiewicz September 19, 2012 Page 3 Poole & Kent is willing to meet and discuss resolution of its bid protest by mutual consent. Respectfully submitted, Stuart H. Sakwa On behalf of the Poole & Kent Company of Florida cc: Poole & Kent Company of Florida Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 10370050.1 Packet Page-288- 2/12/2013 11 .A. Local Vendor Preference Policy XI. Procedure to Provide Preference to Local Businesses in County Contracts. Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the purchasing policy, purchases of commodities and services shall give preference to local businesses in the following manner: (1) "Local Business"defined Local business means the vendor has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner: (a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087, F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087, F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Packet Page-289- 2/12/2013 11.A. (b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section VI) or Competitive Selection and Negotiation (Section VIII) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection VII.B.2 (which are subject to Section 287.055, F.S.) and subsection VII.B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. (3) Waiver of the application of local preference. The application of Local Preference to a particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. (5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of the said local government whichever is applicable, in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base, and residency of employees and principals of the business located within the limits of that local government. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. (6) Purview and administration of this policy. This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. The Purchasing Department shall be responsible for developing, implementing and maintaining administrative procedures in support of this policy. (7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local preference section is being added to the purchasing policy in support of the local economy during difficult economic times in Collier County. On or about one year of the effective date, the Purchasing Department will provide the Board with an update of the results and impacts to date of this local preference policy. Within two years of the effective date, the Board shall receive a similar report from the Purchasing Department and shall determine whether to continue or modify this policy. Should the Board not elect to continue the local preference policy, it will expire at that time. Packet Page -290- 2/12/2013 11.A. Agenda Item No. 1 Uu March 9, 2010 Page 1 of 57 EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of$2,904,563.00 for the North County Regional Water Treatment Plant "Finished Water Quality and Odor Control Compliance Project" to Cardinal Contractors, Inc., Bid #10-5423, Project Number 71002. OBJECTIVE: The public purpose is to meet operational and reliability needs, to meet the demand for potable water, and to stay in compliance with all regulatory requirements at the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATION: On June 24, 2008, Agenda Item IOG, the Board of County Commissioners (Board) adopted the 2008 Water Master Plan Update that identified the requirement for improving finished water quality and odor control at the NCRWTP. The proposed scope of work is consistent with the 2008 Water Master Plan Update, Project 71002, "NCRWTP High Total Dissolved Solids Reverse Osmosis Design, Construction, and Supply," Section 8, Table 8-2,page 1 of 5, line 26. The design for the entire NCRWTP 2-Million Gallons per Day (MGD) Reverse Osmosis Program is complete; however, the water department intends to implement the program in two phases: 1. NCRWTP Finished Water Quality and Odor Control Compliance Project — Replacement of the degasifier system and the addition of an odor control system in fiscal year 2010, to improve the quality of finished water, the efficiency of the water treatment processes, and the efficiency of controlling odors. 2. NCRWTP Raw Water Quality Compliance Project — Future construction of 2-MGD of reverse osmosis capacity to treat groundwater that has changed in quality (high total dissolved solids) making four high production wells unusable, significantly reducing the production capacity of the wellfield. Continued eastward movement of the plume of groundwater high in total dissolved solids has the potential to negatively impact additional wells, further reducing the production of the wellfield. This phase is being deferred and will be implemented at an event-driven later date. Finished water quality at the NCRWTP is very difficult and costly to maintain. Turbidity and nitrification are difficult to control. Turbidity and nitrification events tend to cause rapid degradation of chlorine, which in turn threatens the ability to remain in compliance with water quality, disinfection, and pH levels. Maintaining all of these items is critical for sustaining compliance in potable water quality, thereby ensuring public health. During nitrification events, costly, large-scale system flushing and temporary increases in the amount of very expensive disinfection chemicals are utilized. While the Water-Sewer District has not had any such event lead to a requirement for a public notification, there is significant risk of not complying with regulations until the degasification equipment is upgraded. In addition to improving water quality, the improved degasification process will provide an annual savings in chemicals and labor costs of approximately $450,000. Reference the attached Business Case for further details. Packet Page-291- 2/12/2013 11 .A. Agenda item No. ]uu March 9, 2010 Executive Summary Page 2 of 57 NCRWTP Finished Water Quality and Odor Control Compliance,Project 71002 Page 2 Additional savings will be realized by the county purchasing the major equipment directly, thereby avoiding sales tax. The existing odor control system is not a direct public health concern; however, the system is marginal and occasionally odor complaints are received from residents in the area surrounding the plant. The construction of four new degasifier towers and one new odor control scrubber will ensure that the NCRWTP remains in compliance with the Public Utilities Division's "good neighbor"policy of generating no offsite odors. Deferring the Raw Water Quality Project (Phase 2 of the original program) does represent an operational risk; without the 2-MGD of high pressure reverse osmosis equipment, there is the potential for saltwater to migrate into the wells that are currently used, rendering them unusable. • However, the risk is expected to be manageable in the short term. Long term, the project wellfield consultant, Camp Dresser & McKee, predicts that the migration of saltwater into the aquifer will eventually occur, and it will be necessary to mitigate this degradation of the water supply by constructing the additional 2-MGD of reverse osmosis capacity that will use the four wells that are currently unusable as the raw water source for the project. Each existing well represents a capital investment of approximately $1,000,000; Phase 2 of the project will recover the lost capital investment in infrastructure of the currently unusable four wells, and will protect the capital investment that we have in other potentially impacted wells in the wellfield. Currently, this requirement, defined as Phase 2, is not programmed until after 2015, unless there is an earlier change in wellfield water quality conditions. Value engineering activities were conducted at the 60 and 90 percent design completion milestones. These reviews identified key cost-drivers, generated alternatives through the use of creative thinking, and resulted in filling the need reliably at the lowest life-cycle cost without sacrificing project requirements for safety, quality, operations, maintenance, and environmental protection. Bid 410-5423 was advertised on December 30, 2009; 1,136 notices were mailed and 165 prospective bidders downloaded plans and specifications. On February 5, 2010, sealed bids for the construction of this project were opened. Eight bids were received and are summarized in the following table: BIDDER BID Cardinal Contractors, Inc. $2,904,563.00 Mitchell and Stark Construction Co., Inc. $3,116,416.00 TLC Diversified $3,308,350.00 John Reynolds and Sons $3,347,332.00 John J. Kirklin $3,350,432.00 Douglas N. Higgins, Inc. $3,365,872.00 Westra Construction $4,016,332.00 AH Salace Construction Group $4,054,000.00 Packet Page-292- 2/12/2013 11 .A. Agenda ILCI11 INC). IVIJ March 9, 2010 Executive Summary Page 3 of 57 NCRWTP Finished Water Quality and Odor Control Compliance,Project 71002 Page 3 Section XiX of the Collier County Purchasing Policy, has a provision for Local Vendor Preference (LVP). Purchasing Staff has extended a right to match the offer to Mitchell and Stark Construction Co., Inc., a local contractor who has agreed to match the overall low bid of $2,904,563.00. Shortly after receiving Mitchell & Stark's matching offer, staff was contacted by the apparent lowest bidder, Cardinal Contractors, Inc., which maintains that it qualifies for the local vendor preference. Cardinal Contractors had filed the required LVP affidavit with its bid, but purchasing staff was initially unable to verify whether Cardinal Contractors has a local address or a Collier County occupational license, both of which are pre-requisites for qualifying as "local" under the LVP policy. Subsequently, staff met with Cardinal Contractors and learned that Cardinal Contractors has been the prime contractor on a wastewater plant expansion project for the City of Marco Island and has had an office trailer on the construction site for nearly two years. They anticipate remaining on site for at least another full year. Further, Cardinal Contractors provided evidence of holding Collier County occupational licenses in the past, but stated that they were told by the Collier County Tax Collector's Office in recent years that they no longer needed an occupational license in Collier County due to changes in state law. Additionally, Cardinal Contractors stated on their LVP affidavit that they presently have twenty employees who are Collier County residents. The facts regarding Cardinal Contractors in this matter are strikingly similar to those pertaining to the award of ITB 08-5106 in September 2008. In that instance, Astaldi Construction Corporation was the apparent low bidder. Like Cardinal Contractors, Astaldi did not have a current occupational license, despite efforts to obtain one through the Tax Collector's Office; Astaldi did not have a traditional permanent local address; and, Astaldi had a construction office on a job site within Collier County and had been there for several months prior to bidding the new contract. As with Cardinal Contractors, Astaldi employed several Collier County residents. Staff brought the Astaldi situation to the Board on September 9, 2008, and after reviewing the facts in that situation, the Board deemed Astaldi Construction Corporation to be "local" under the LVP policy and subsequently awarded Astaldi the pending contract. Based on that action and the similarity of the facts in this case, staff is recommending that the offer from Mitchell & Stark to match Cardinal Contractors's bid offer be declined and that the Board award ITB 10- 5423 to Cardinal Contractors, Inc., in the amount of $2,904,563.00. This amount is 26-percent less than the $3,933,000.00 revised engineer's estimate provided by the Engineer of Record, HDR Engineers, Inc. (A letter of recommendation from the Engineer of Record is attached.) The recommended award price includes all bid items except Item 2 which will be procured separately. FISCAL IMPACT: Funding is available in and is consistent with the FY10 Capital Budget approved by the Board on September 24, 2009. The source of funding is the Water User Fee Fund (412). Packet Page -293- 2/12/2013 11 .A. Agenda !tern NO. 1 UU March 9, 2010 Executive Summary Page 4 of 57 NCRWTP Finished Water Quality and Odor Control Compliance,Project 71002 Page 4 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient.—JBW GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to insure the viability of public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Award Bid 10-5423 "NCRWTP Finished Water Quality and Odor Control Compliance" to Cardinal Contractors, Inc. 2. Authorize the Chairman to sign the standard construction contract after review and approval by the County Attorney's Office. PREPARED BY: Tom Chmelik, P.E., PMP, Principal Project Manager, Public Utilities Division. Packet Page -294- 2/12/2013 11 .A. Requesting Board decision on local preference for Bid No. 08-5106 – “Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)”, Project No.60091. (Steve Carnell and Jay Ahmad) Prepared By: Department Date Purchasing 8/28/2008 4:12:06 PM Approved By: Department Approval Date Adminstrative Approved 8/31/2008 11:18 AM Services Approved By: Department Approval Date Office of Management Approved 8/31/2008 2:18 PM and Budget Approved By: Department Approval Date County Approved 8/31/2008 2:43 PM Managers Office ATTACHMENTS: Name: Description: Type: 0 08- 5106 Astaldi and local preference decision rev Executive Summary Executive Summary 9 2 08].doc Packet Page-295- 2/12/2013 11 .A. 410 _ WOODWARD, PIRES & LOMBARDO, P.A. ATTOELNEYS AT LAW CRAIG P..WOODWARD February 25, 2010 Baud Cam:Real Esr c MARK J.WOODWARD -hy"1 F+— 1 r,r"` ANTHONY P.FIRES,JR. y Hand Delivery Bea� � 1LD 2 5 MO Steve Camel!, C.P.M. J.CHRISTOPHER LOMBARDO Purchasing Director, Collier County ',� ;!t; STEVEN V.BLOUNT 3301 E. Tamiami Trail CARRIE E.LADEMAN Building G Naples, Florida 34112-3969 CARLO F.ZAMPOGNA Re: Formal Written Protest of Mitchell & Stark Construction Co., Inc., JENNIFER L DEVRIES With Regards To A Recommended Contract Award: NCRWTP Degasifier JENNIFER M.TENNEY and Odor Control Expansion, Collier County Bid #10-5423, also described as Bid 10-5423 "NCWTP Finished Water Quality and Odor Control Compliance Project". ["Formal Written Protest"] Dear Mr. Carvell: • This law firm represents Mitchell & Stark Construction Co., Inc., (Mitchell & Stark) concerning its. Formal Written Protest relating to the recommended award of Collier County Bid #10-5423 to Cardinal Contractors, Inc. Attached please find for filing an original and one (1) copy of the timely filed Mitchell & Stark Formal Written Protest With Regards To A Recommended Contract Award NCRWTP Degasifier and Odor Control Expansion, Collier County Bid #10-5423, also described as Bid #10-5423 "NCWTP Finished Water Quality and Odor Control Compliance Project". Please provide written acknowledgement that this Formal Written REPLY TO: Protest has been timely filed and received by the Purchasing Director of 3200TAMIAMITRAI1 N. Collier County. SUITE 200 NAPLES,FL34103 239-649-6555 We would respectfully request that this law firm and Mitchell & Stark 239-649-7342 FAX be provided, in writing, advance notice of the date and time of any meeting, O 606 BALD EAGLE DRIVE SUITE soo gathering, or hearing set, convened, scheduled or established to consider g P.O.Box ONE this timely filed Formal Written Protest, with such written notice being MARCO ISLAND,FL 34146 239-394-5161 provided to both parties not less than two (2) business days in advance of 239-642-6402 FAX said meeting, gathering or hearing. •W W.W P L-LEGA LCOM Packet Page-296- 2/12/2013 11 .A. in addition, as outlined within the Formal Written Protest, as not all of the I. documents and materials requested from Collier County have been provided pursuant to a public records request, Mitchell & Stark reserves the right to amend and supplement the Formal Written Protest once additional materials are provided. Should you have any further questions please do not hesitate to contact me. Since .a wailig& Mitchell & Stark Construction ,.;W.4m.. .1,1.0"- AP" _ Co., Inc. At , Jr. By: r Brian Penner, CEO APP/lg Enclosure(s) Packet Page -297- 2/12/2013 11 .A. FORMAL WRITTEN PROTEST S OF . MITCHELL & STARK CONSTRUCTION CO., INC. WITH REGARDS TO A RECOMMENDED CONTRACT AWARD DATE: February 25, 2010 1. NAME AND ADDRESS OF COUNTY AGENCY AFFECTED AND THE BID NUMBER AND TITLE: Administrative Services Divisions, Purchasing and General Services 3301 E. Tamiami Trail, Building G, Naples, Florida and Public Utilities Division, 3301 E. Tamiami Trail, Naples, Florida 34112 NCRWTP Degasifier and Odor Control Expansion, Collier County Bid #10- 5423 also described as Bid 10-5423 "NCWTP Finished Water Quality and Odor Control Compliance Project". 2. NAME AND ADDRESS OF PROTESTING PARTY: • Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, Florida 34109 3. STATEMENT OF DISPUTED ISSUES OF MATERIAL FACTS. Mitchell & Stark Construction Co. Inc., [hereinafter "M&S"]: A. Disputes and contests that Cardinal Contractors, Inc., [hereinafter "Cardinal] qualifies as a "Local Business" as defined within Section XI of the Collier County Purchasing Policy. The preference to Local Businesses in Collier County contracts is also at times referred to by Collier County as the Local Vendor Preference (LVP) policy. B. Disputes and contests that Cardinal possesses a valid Collier County occupational license (or business tax receipt ["BTR"] as it is now called). • - 1 - Packet Page-298- 2/12/2013 11.A. C. Disputes and contests that Cardinal possessed any Collier County occupational license or BTR for the years 2005 to the present (i.e. a total of 5 years). D. Disputes and contests that Cardinal has a physical business address within the limits of Collier County. E. Disputes and contests that Cardinal has contributed to the economic development and well-being of Collier County in a verifiable and measurable way. F. Disputes and contests the recommendation of the County Staff, as outlined in the Executive Summary referenced herein, to award Bid 10- 5423 "NCWTP Finished Water Quality and Odor control Compliance", to Cardinal. G. Disputes and contests Collier County not accepting M&S's match pursuant to Collier County's Purchasing Policy of the overall low bid made by a non-local business. 4. CONCISE STATEMENT OF THE ULTIMATE FACTS ALLEGED AND OF ANY RELEVANT RULES, REGULATIONS, STATUTES, AND CONSTITUTIONAL PROVISIONS ENTITLING THE PROTESTING PARTY TO RELIEF. On December 30, 2009, Collier County Bid #10-5423 was advertised, (see Exhibit"A", Bid Packet). On February 5, 2010, eight (8) sealed bids for the construction of the project were received and opened. As outlined in the Executive Summary for the February 23, 2010 County Commission Agenda (see Exhibit "B") the eight bids are summarized as follows: BIDDER BID Cardinal Contractors, Inc. $2,904,563.00 Mitchell and Stark Construction Co., Inc. $3,116,416.00 TCL Diversified $3,308,350.00 John Reynolds and Sons $3,347,332.00 John J. Kirklin $3,350,432.00 - 2 - Packet Page-299- , 2/12/2013 11 .A. Douglas N. Higgins, Inc. $3,365,872.00 • Westra Construction $4,016.332.00 Now- AH Salace Construction Group $4,054,000.00 M&S is the lowest Local Business bidder. The bid of M&S is attached hereto as Exhibit "C" and that of Cardinal as Exhibit "0". Collier County has adopted a Purchasing Policy (see Exhibit"E"). The Purchasing Policy provides in Section VI that award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder, except where otherwise provided for in this policy or unless an exception is granted by the Board (see p. 4 of"Exhibit "E"). Section XI of the Purchasing Policy has a "Procedure to Provide Preference to Local Businesses in County Contracts". (see pp. 11-13, of Exhibit "E")1 Applying the LVP policy and provisions of Section XI of the Purchasing Policy, Collier County extended to the Local Business M&S a right to match the overall low bid of$2,904,563.00 submitted by the non- local business Cardinal. On February 8, 2010 M&S, as a qualified and responsive Local Business, and as the lowest local bidder, provided its written offer to Collier County that fully matched the price offered by Cardinal, i.e. M&S fully matched the lowest bid from the lowest non-local bidder Cardinal.(the "Match", see Exhibit "F") After M&S agreed to match the overall low bid of$2,904,563.00, Collier County staff contacted Cardinal. Thereafter, according to the Executive Summary, County staff, unknown to M&S, subsequently met ' This"Local Business Preference" is at times also referred to by Collier County as"Local Vendor • Preference"and will be referred to as LVP or LVP policy throughout. - 3 - Packet Page -300- 2/12/2013 11 .A. • with Cardinale and Cardinal has apparently asserted to County staff that Cardinal has been the prime contractor on a wastewater plant expansion project for the City of Marco Island and had an office trailer on the construction site for nearly two years. According to the Executive Summary, Cardinal apparently also asserted to County staff that Cardinal anticipated remaining on site for at least another full year. County staff also stated that Cardinal provided evidence of holding Collier County occupational licenses in the past (but asserted that they were told by the Collier County Tax Collector's Office in recent years that they no longer needed an occupational license in Collier County due to changes in state law). The Collier County Tax Collector's website clearly states that: "Any business operating anywhere in Collier County (even inside city limits of Naples, Marco Island, Everglades City) must have a county business tax receipt." (see Exhibit"G") On February 17, 2010, nine (9) days after M&S agreed to match the overall low bid of$2,904,563.00, M&S was contacted by Steve Carnet', the Purchasing Director for Collier County. In that conversation, Mr. Camel) advised Mr. Brian Penner, CEO of M&S, that Cardinal told County staff that Cardinal had a Collier County occupational license3 three years ago but has not had one the last two years asserting that the Tax Collector told Cardinal they did not need one. As outlined below, an online search of the Collier County Tax Collector's data as to occupational licenses or Local Business Tax Receipt reflects that Cardinal did not hold or possess any occupational license or Local Business Tax Receipt in Collier County between 2005 and today. In order for someone to obtain a 2 Believed to have occurred on February 11, 2010. 3 By virtue of legislative changes effective January 1, 2007, "occupational license"was amended to read "Local Business Tax Receipt". Section 205.022, F.S. See Exhibit"H".Throughout this protest the terms"occupational license'and "Local Business Tax Receipt" may be used interchangeably. This change in terminology did not change the obligation to pay the"Local business tax"and obtain the Local Business Tax Receipt. -4 - Packet Page -301- yam® 2/12/2013 11 .A. Collier County Local Business Tax Receipt, they must pay a "Local business tax". On February 18, 2010, Mr. Carnell told Mr. Penner that County staff was now changing its position and recommendation and recommending that non-local bidder Cardinal be awarded the bid and the contract. On February 18, 2010, M&S timely filed its written Notice of Intent to Protest with the Collier County Purchasing Director. (se Exhibit"1") This Formal Written Protest by M&S has been timely filed with the Purchasing Director in conformance with the County's Purchasing Policy relating to protest of bid or proposed award. a CARDINAL IS NOT A "LOCAL BUSINESS" • "Local Business" is defined in Section X1(1) of the Purchasing Policy. That section and the LVP policy are very clear and unequivocal and state that the Local Business vendor must possess a Collier County "occupational license" at least one year prior to bid submission and a physical business address located within Collier County from which the vendor operates or performs business, In addition, the LVP Policy states that "...a vendor shall not be considered a 'local business' unless it contributes to the economic development and well-being of Collier County in a verifiable and measureable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County.". 4 It is labeled as Section XIX in the complete Purchasing Policy document online, but labeled as Section XVIII in a"stand alone"online document There are minor differences in content, not pertinent here. - 5 - Packet Page -302- 2/12/2013 11 .A. Section XI (2)(a), of the Purchasing Policy, at page 12, provides the following mandatory language: If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. (emphasis added) A search as recently as February 23, 2010 of the Collier County Tax Collector's website reveals that Cardinal does not currently hold or possess a Collier County occupational license. Further, as evidenced by a search of the Collier County Tax Collector's website using the search term "Cardinal", Cardinal has not held or possessed a Collier County occupational license between the years 2005 and today (see composite Exhibit"J"). Based upon such evidence, since at least 2005, Cardinal has not paid the local Collier County business tax and has not held or possessed a Collier County occupational license or Collier County Business Tax Receipt. In its bid, Cardinal did not list any physical address in Collier County. The corporate headquarters and main business address of Cardinal is in Sarasota County. The "Place of Business" of Cardinal is in Sarasota County ( see Cardinal bid, first page). The listed major Subcontractor of Cardinal is from Dundee, Florida, in Polk County (see page GC-P-4 of Cardinal bid). A search of the Collier County Tax Collector's website for"Cardinal Contractors" and "Cardinal Contractors, Inc." relating to tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County from the year 2003 to the current year yielded no results, reflecting that Cardinal has not paid any tangible personal property taxes on fixtures, furniture, equipment and supplies in Collier County from 2003 to the current year. - - 6 - Packet Page -303- 2/12/2013 11 .A. As Cardinal has not paid any Collier County Business Tax since at • least 2005; and, as there is no evidence it has generated any real estate taxes in Collier County; and, as Cardinal has not.paid any tangible • personal property taxes in Collier County from at least 2003 to the present, Cardinal has not contributed to the economic development and well-being of Collier County in a verifiable and measurable way. Cardinal does not support, and has provided no increase to, the County's tax base. Cardinal is not a "Local Business" under the Collier County Purchasing Policy. M&S IS A"LOCAL BUSINESS" M&S currently hold and possesses multiple (i.e. 8) Collier County occupational licenses and has held no less than seven (7) Collier County occupational licenses or Collier County Business Tax Receipts from 2005 • to the present. (see composite Exhibit"K") Ask In addition to the fact that M&S has sixty (60) employees living in Collier County, in its bid M&S clearly listed its physical address in Collier County, i.e. 6001 Shirley Street. The corporate headquarters and main business address of M&S is in Collier County. The "Place of Business" of M&S is in Collier County ( see M&S bid, first page) Each of the eight (8) M&S Collier County Business Tax Receipts provide a physical address in Collier County, Florida, at 6001 Shirley Street. The property and improvements at 6001 Shirley Street, the corporate headquarters of M&S, consists of an approximately 1,36 acre parcel, with a two story, 10,900 square foot building ( see Exhibit "L"). This property and its improvements have generated over$95,000.00 in real - 7 - Packet Page -304- 2/12/2013 11 .A. estate taxes and assessments in Collier County since 2004 (see Exhibit "M") A search of the Collier County Tax Collector's website for "Mitchell & Stark" relating to tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County from the year 2003 to the current year reflects that M&S has paid $959,750.93 in tangible personal property taxes imposed on fixtures, furniture, equipment and supplies in Collier County since 2003. (see Exhibit"N") M&S is a "Local Business " under the Collier County Purchasing Policy. M&S is the lowest local bidder on this project. M&S submitted an offer that fully matched the lowest bid from the lowest non-local bidder, Cardinal. ONCE M&S MATCHED THE OVERALL LOW BID COLLIER COUNTY MUST AWARD THE BID AND CONTRACT TO M&S AND COLLIER COUNTY'S DETERMINATION THAT CARDINAL IS A"LOCAL BUSINESS"WAS ARBITRARY AND CAPRICIOUS AND AN ABUSE OF DISCRETION It is clear that a local government must adhere to a defined procurement process in making contract awards. The failure of an agency to follow its own bid specifications and procedures is an arbitrary and capricious act. see Coin Laundry Equip. Co. v. Univ. of West Fl., 1996 WL 1060244 (1996) While a public authority generally has wide discretion in the award of public work contracts the discretion cannot be arbitrary or capricious. City of Miami Beach v. Klinger, 179 So.2d 864. The award of a contract in a procurement is invalid if it is arbitrary or capricious. see Liberty County v. Baxter's Asphalt & Concrete, Inc. 421 So.2d.505 (Fla.1982); City of - 8 - Packet Page -305- 2/12/2013 11 .A. Sweetwater v. Solo Construction Corporation, 823 So.2d 798 (Fla.3'd DCA • 2002). Where discretion is vested in a public agency with respect to letting public contracts on a competitive basis, the discretion must be exercised based upon clearly defined criteria and may not be exercised arbitrarily or capriciously. See City of Sweetwater, supra The discretion must be based upon facts reasonably tending to support the conclusions of the agency, See Culpepper v. Moore, Fla. 40 So.2d.366; Willis v. Hathaway, 95 Fia. 608, 117 So.89. The discretion exercised by County staff in this case did not rest upon material facts reasonably tending to support the conclusions reached. Collier County's determination that Cardinal qualifies as a "Local • Business" under the Purchasing Policy is not supported by the evidence, constitutes an abuse of discretion and is arbitrary and capricious. Collier County's recommended award to Cardinal, which is not a "Local Business", after M&S, an entity that unequivocally qualifies as a "Local Business" under the Purchasing Policy, matched the lowest non- local bidder's bid, violated the Purchasing Policy, constituted an abuse of discretion and was arbitrary and capricious. There are no material facts supporting the determination by Collier County staff that Cardinal qualifies as a "Local Business". - 9 - Packet Page -306- 2/12/2013 11 .A. 5. DEMAND FOR RELIEF. • Based upon all of the forgoing, M&S respectfully requests and demands that: A. Cardinal be deemed not to be a "Local Business" as defined in Section XI of the Collier County Purchasing Policy and thus Cardinal be deemed not entitled to the benefits and privileges of the LVP policy. B. The recommendation of the County Staff, as outlined in the Executive Summary, to award Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance", to Cardinal, be reversed and rescinded. C. Collier County staff recommend to the Board of County Commissioners that M&S be awarded Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance" in the amount of$2,904, 563.00. D. The Board of County Commissioners award Bid 10-5423 "NCWTP Finished Water Quality and Odor control Compliance"to M&S in the amount of$2,904, 563.00, and enter into a contract with M&S for said project. 6. OTHER INFORMATION DEEMED TO BE MATERIAL TO THE ISSUE As of the date of the filing of this Protest, M&S has not yet been provided all of the public records that it has requested from Collier County relating to Bid 10-5423. (see Exhibit "0") M&S reserves the right to amend and supplement its filing and this Formal Written Protest upon the receipt of additional materials provided by Collier County pursuant to public records requests. - 1 0 - Packet Page -307- , , 2/12/2013 11 .A. Respectfully submitted to the Purchasing Director of Collier County on this date of February 25, 2010. MITCHELL & STARK CONSTRUCTION CO., INC. 6001 Shirley Street Naples, Florida 34109 (239) 597-2165 (239) 566-7865 fax BY: yr BRIAN PENNER, C O DATED: . /2..3 /Q WOODWARD, PIRES & LOMBARDO, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax ATTOR a : �:Ape LL & STARK CONSTRUCTION CO., INC. • B /,/:'i%%��/�� a ^ A` O �I' PIRES, FLORIDA BAR#2036 AttOkt - 1 1 - • Packet Page -308- 2/12/2013 11 .A. AFFIDAVIT OF ANDREW FENSKE STATE OF FLORIDA COUNTY OF LEE BEFORE ME this day personally appeared Andrew Fenske who, after being duly sworn, deposes and says that: 1. My name is Andrew Fenske and I am over the age of twenty-one (21) years and have personal knowledge of the facts contained herein. 2. I am the Chief Plant Operator for the City of Cape Coral's Treatment Plant located at 1200 Kismet Parkway West, Cape Coral, Florida and I have worked in this position since Construction began on the Treatment Plant in 2007. 3. Sometime in 2007 Poole and Kent had both an office trailer and other trailers for storing tools and materials at the job site. 4. Poole and Kent is a subcontractor of MWH,the prime contractor for the City's treatment plant. Poole and Kent is still currently performing warranty work at the City's treatment plant. 5. Sometime in the fall of 2010 the office trailer used by Poole and Kent was removed from the plant premises and was never brought back to the plant. 6. After the office trailer used by Poole and Kent was removed from the plant premises sometime in the fall of 2010,there were only storage trailers present at the City's treatment plant. 7. To the best of my knowledge, The City of Cape Coral does not allow private companies to conduct non-city related business to the general public on City property. FURTHER AFFIANT SAYETH NAUGHT. 7 -2-4 - AND W FENSKE SWORN TO (OR AFFIRMED)-- -SUBSCR-IBEDre me this 31st day of October, 2012, by Andrew Fenske. ( He is personally known to me-) or has produced (type of identification)as i enti 'cation. dAt, /i<CL____. NOTARY PUBLIC-STATE OF FLORIDA :SIGN URE OF NOTARY PUBLIC a"""y. Geraldine A. Ferrara I ;=, `-Commission#DD621015 /�� N.„;,,,,,�F Expires: NOV.15,2012 40eAL /,‘JC- !-��C', 4-,e �- BUNDEDiaROATLA TICBONDI(GCO.,INC. PRINT,TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: Packet Page-309- 2/12/2013 11 .A. LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT THIS Agreement,made and entered into this 14th day of October, 2008 by and between the Board of County Commissioners, Collier County,Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the Board of County Commissioners, Lee County, Florida,a political subdivision of the State of Florida,hereinafter called Lee County. WITNESSETH WHEREAS, Lee County Ordinance No. 00-10 extends specific preference considerations to vendors located in Lee County and Collier County Resolution 2008-181 extends preference considerations to vendors located within Collier County; WHEREAS, both Collier County and Lee County understand that there are numerous local vendors that materially affect and significantly impact the economies of both counties; WHEREAS, both counties wish to enter into a reciprocal agreement regarding the status of vendors located within their respective counties; and WHEREAS, both counties wish to continue to otherwise maintain the distinct characteristics of their respective local preference practices. NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Lee County hereby agree to enter into this Agreement. SECTION I. DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Lee County to be "local"for preference purposes in Collier County provided they meet all other aspects of the definition of"local" as set forth in Collier County Resolution 2008-181. Concurrently, Lee County agrees to deem vendors with a physical business address in Collier County to be"local" for preference purposes in Lee County provided they meet all other aspects of the definition of"local" as set forth in Lee County Ordinance No. 00-10. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either County elects to terminate this Agreement; or elects to terminate its existing local vendor preference ordinance or resolution. 2.02 Either County may terminate this Agreement upon sixty(60) days prior written notice to the other County. 5 :00 PH1 Page 1 of 3 11-25-08 Packet Page-310- 2/12/2013 11 .A. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each county shall each defend, indemnify and save the other harmless from any and all claims,liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the parties' performance under this Agreement. Neither party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in § 768.28, Fla. Stat. (2007). This provision shall also pertain to any claims brought against the parties by any employee of the named parties,any sub-contractor,or anyone directly or indirectly employed by any of them. The parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Lee County shall be deemed duly served if mailed or faxed to Lee County at the following address: Lee County Government Center Purchasing Department 1825 Hendry Street, 3rd Floor Ft. Myers,FL 33901 Attention: Janet Sheehan, Purchasing Director Telephone: 239-533-5450 Facsimile: 239-485-5460 4.02 All Notices from Lee County to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department-Purchasing Building 3301 Tamiami Trail East Naples,Florida 34112 Attention: Steve Carnell,Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 Either county may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the party Page 2 of 3 Packet Page -311- 2/12/2013 11 .A. prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorneys' fees. 5.02 It is understood that this Agreement shall be executed by both parties prior to either county commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by both Counties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ,''DWI' T :.B .00K, CLERK - vZ". • --..- ,-.4 , ' c-- ..-( 4............:). . ,.. - 'V ',,if l' '-", ' -.-.; plocsoyeek \"' i" .: ' _ ,: y .�i CO C1N brw t Tom Henning,CHAIRMAN 6)0 S ON I Appr8Ve" t o orm d legal sufficiency Colleen M. Greene Assistant County Attorney - ! .• - C.,,t IY/NI �' Q .7 `•'•• AS TO L'. SPOUNTY: BOARD OF COUNTY COMMISSIONERS•N _ {�„' :.•-," LEE COUNTY,FLORIDA i" ATTEST: cHARIGREEN,CLERK OF COURTS Deputy Clerk C�)444)1e-1) Approv• •gas to fo +/d -_al sufficiency . - p._ / Assist...:unty A to/ Page 3 of 3 Packet Page-312- 2/12/2013 11 .A. 16E7 .i LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT THIS Agreement, made and entered into this day of 4 , 2009, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the City of Bonita Springs, a Florida municipal corporation,hereinafter called Bonita Springs. WITNESSETH WHEREAS, the Board of County Commissioners for Lee County, Florida ("Lee County"), a political subdivision of the State of Florida, enacted its Ordinance No. 00-10, which extended specific preference considerations to vendors located in Lee County, Florida, and Collier County through its Resolution No. 2008-181 extended preference considerations to vendors located within Collier County; and WHEREAS, Collier County and Lee County previously entered into a local vendor preference reciprocity agreement,which was approved by their Board of County Commissioners on October 14, 2008, and November 25, 2008, respectively; and WHEREAS, both Collier County and Bonita Springs understand that there are numerous local vendors that materially affect and significantly impact the economies of their citizens; and WHEREAS, both Collier County and Bonita Springs wish to enter into a reciprocal agreement regarding the status of vendors located within their respective county and municipal boundaries; and WHEREAS, Bonita Springs wishes to follow and adhere to the distinct local vendor preference policy articulated in Lee County Ordinance No. 00-10 as does Collier County with respect to the local vendor preference policy established in its Resolution No. 2008-181; and NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Bonita Springs hereby agree to enter into this Agreement. SECTION I. DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Bonita Springs to be "local" for preference purposes in Collier County provided they meet all other aspects of the definition of"local" as set forth in Collier County Resolution 2008-181. Concurrently, Bonita Springs agrees to deem vendors with a physical business address in Collier County to be "local" for preference purposes in Bonita Springs provided they meet all other aspects of the definition of"local" as set forth in under Lee County Ordinance No. 00-10. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either Collier County or Bonita Page 1 of 3 BSC-09-06-73 Packet Page -313- 16 ( 2/12/2013 11.A. Springs elects to terminate this Agreement; or such time that Collier County elects to terminate its existing local vendor preference resolution. 2.02 Either Party may terminate this Agreement upon sixty (60) days prior written notice to the other. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each Party shall defend, indemnify and save the other harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the Parties' performance under this Agreement. Neither Party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in § 768.28, Fla. Stat. (2007). This provision shall also pertain to any claims brought against the Parties by any employee of the named Parties, any sub-contractor, or anyone directly or indirectly employed by any of them. The Parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Bonita Springs shall be deemed duly served if mailed or faxed to Bonita Springs at the following address: Bonita Springs City Hall 9101 Bonita Beach Road Bonita Springs, FL 34135 Attention: City Manager Main Phone Number: (239)949-6262 Main Fax Number-(239)949-6239 4.02 All Notices from Bonita Springs to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department- Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Attention: Steve Carrell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 Either government may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 3 Packet Page -314- 2/12/2013 11 .A. l6Ei' SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the Party prevailing in said litigation shall be entitled to collect and recover from the opposite Party all court costs and other expenses including reasonable attorney's fees. 5.02 It is understood that this Agreement shall be executed by both Parties prior to either local government commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by both local governments. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. AS TQQQLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS •...•.. t,` COLLIER COUNTY, FLORIDA FATTEST:_:; . -: DWIGH BtOCK, CLERK • - . ,. . ; po , t zo\ickr____ /fierp-pri.„." At Lt s t tt to CAS try $ Fiala, CHAIRMAN s 1 p ition cot u li Appr as to fo d legal sufficiency Jef: y Klatzkow, County Attorney AS TO BONIT.A SPRINGS: M. :' :ONITA SPRINGS, FLORIDA ATTEST: • Clerk / Ben Nelson Jr.,Mayor Approved as to form and legal sufficiency z,_.;,- /I:1_-- City Attorny Page 3 of 3 --.-- — Packet Page-315- 2/12/2013 11.A. Cott- County Administrative Services Division Purchasing November 5, 2012 Mr. Stuart H. Sakwa Arnstein & Lehr LLP On Behalf of Poole and Ken Company of Florida 515 North Flagler Drive, Suite 600 West Palm Beach, FL 33401 Telephone: 561-833-9800 FAX: 561-655-5551 Email: imatlasarnstein.com shsakwat arnstein.com RE: Final Resolution for 12-5931 Master Pump Station 312 Rehabilitation and 12-5952 Aerated Sludge Holding Tank(ASHT)/ Flow Equalization Tan (FET) Mr. Sakwa: I am in receipt of your correspondence dated November 3, 2012, and have referred it to the County Attorney's Office to respond to you. I would like to take this opportunity to further address Poole & Kent's protest appeal to provide you with additional information that you might find relevant on the issue of going forward. On November 1, 2012, County staff received a signed notarized affidavit from City of Cape Coral's Chief Plant Operator since 2007, Andrew Fenske, whose office is located at the City's Treatment Plant located at 1200 Kismet Parkway West—the same address provided by Poole & Kent on its Affidavit for Claiming Status as a Local Business submitted to Collier County with its bid. In part, Mr. Fenske swears that that: 1. Poole and Kent had an office trailer, and other trailers sometime in 2007 for storing tools and materials for a job at the 1200 Kismet Parkway West Cape Coral job site; 2. Sometime in the fall of 2010, the office trailer was removed from the plant and never brought back, leaving only storage trailers present at the City's treatment plant; and 3. To the best of his knowledge, the City of Cape Coral does not allow private companies to conduct non-city related business to the general public on City property. A copy of Mr. Fenske's Affidavit is attached your consideration. Although the facts clearly support the conclusion that Poole & Kent is not a local vendor under the County's Purchasing Policy, a thorough analysis confirms that Poole & Kent is not even eligible for consideration under that policy. As you know, the address Poole & Kent provided in its Affidavit for Claiming Status as a Local Business is located on City of Cape Coral property. After the County adopted its Local Vendor Policy, it entered into a "Local Vendor Preference Reciprocity Agreement" with Lee County on October 14, 2008. (See copy attached). Through that agreement, Lee and Collier Counties agreed to deem vendors with physical business addresses in each other's jurisdiction as Purchasing Department•3327 Tamiami Trail East•Naples.Florida 34112-4901•www.colliergov.neUpurchasing Packet Page -316- 2/12/2013 11 .A. "local"for preference purposes. Collier and Lee only have jurisdiction to bind the unincorporated portions of their respective counties; and not the municipalities located within their respective incorporated portions. Notably, Collier County also entered into a separate "Local Vendor Preference Reciprocity Agreement"with the City of Bonita Springs on July 28, 2009. This is consistent with the Collier County Purchasing Policy Section X1(5) that allows Collier to enter into reciprocity agreements with "Lee County, or any other Florida county or municipality . . . deemed appropriate by the Collier County Board of Commissioners. . . [.1" Collier County has not entered into a Reciprocity Agreement with the City of Cape Coral. Therefore, Collier County is not bound to grant any local vendor preference to a business(regardless whether it has a physical business address) located within the City of Cape Coral; especially one involving a storage trailer actually located on City property. Finally, it bears noting that although the City of Cape Coral's Purchasing Policy does incorporate a form of local vendor preference, it is not equally applied to Collier County businesses. The Code of Ordinances of the City of Cape Coral, Florida, Section 2-144(a)(10) provides a preference for contractors submitting competitive sealed bids but it does not specifically identify Collier County businesses as an eligible "local contractor/vendor" under its policy. The Cape Coral Ordinance does incorporate a slight preference for Collier County professional firms (engineers, consultants, etc.) submitting qualification based proposals but even that benefit is limited by adding the following points or percentages to the scores: • Cape Coral professionals receive ten points or 10% • Lee County professionals receive seven points or 7% • Collier, Charlotte, Glades and Hendry County professionals receive three points or 3% Code of Ordinances of City of Cape Coral §2-144(h)(4)(c). By comparison, the preferential treatment Collier County provides Lee County and the City of Bonita Springs under the respective Reciprocity Agreements provides a match opportunity for their eligible competitive bid contractors and also provides 10 points or 10% to the total score of professionals submitting qualification based proposals. Collier County has no such reciprocal arrangement with the City of Cape Coral; therefore, Poole and Kent is not eligible to be treated as a local vendor under Collier County's policy. If you wish to reconsider proceeding with your client's protest appeal, it would be appreciated if you could inform me of your decision prior to 4:00 p.m. on Tuesday, November 6, 2012; which is when the agenda for the upcoming Board meeting will go to print. Respectfully, 4 C1,, c,L) Joanna Markiewicz,--triterim Purchasing/General Services Director Email: loan nemarkiewibz(a,,colliergov.nefi°' Telephone: (239) 252-8975 FAX: (239)252-6480 Attachments C: Jeffrey Klatzkow Packet Page -317- 2/12/2013 11 .A. AFFIDAVIT OF ANDREW FENSKE STATE OF FLORIDA COUNTY OF LEE BEFORE ME this day personally appeared Andrew Fenske who,after being duly sworn, deposes and says that: 1. My name is Andrew Fenske and I am over the age of twenty-one (21) years and have personal knowledge of the facts contained herein. 2. I am the Chief Plant Operator for the City of Cape Coral's Treatment Plant located at 1200 Kismet Parkway West, Cape Coral, Florida and I have worked in this position since Construction began on the Treatment Plant in 2007. 3. Sometime in 2007 Poole and Kent had both an office trailer and other trailers for storing tools and materials at the job site. 4. Poole and Kent is a subcontractor of MWH,the prime contractor for the City's treatment plant. Poole and Kent is still currently performing warranty work at the City's treatment plant. 5. Sometime in the fall of 2010 the office trailer used by Poole and Kent was removed from the plant premises and was never brought back to the plant. 6. After the office trailer used by Poole and Kent was removed from the plant premises sometime in the fall of 2010,there were only storage trailers present at the City's treatment plant. 7. To the best of my knowledge, The City of Cape Coral does not allow private companies to conduct non-city related business to the general public on City property. FURTHER AFFIANT SAYETH NAUGHT. 7-,"`` — AND W FENSKE SWORN TO(OR AFFIRMED} • •'e .: • : _• .- • e me this 31st day of October, 2012, by Andrew Fenske. ( He is personally known to me or has produced (type of identification)as i enti ication. AI Luc ( C , ..7:47 10:( r KOTARY PUBLIC-STATE OF FLORIDA c1N. RE OF NOTARY PUBLIC "~6 Geraldine A. Ferrara is .; Commission#DD821015 '1/4;„,,,i Expires: Nov 15,2012 �CIC_.aGl/,kJC . f '�� /- simurmvenexc Boom ca,INC. PRINT,TYPE OR STA P COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: Packet Page-318- 2/12/2013 11 .A. LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT THIS Agreement,made and entered into this 14th day of October,2008 by and between the Board of County Commissioners,Collier County,Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the Board of County Commissioners, Lee County,Florida,a political subdivision of the State of Florida,hereinafter called Lee County. WITNESSETH WHEREAS,Lee County Ordinance No. 00-10 extends specific preference considerations to vendors located in Lee County and Collier County Resolution 2008-181 extends preference considerations to vendors located within Collier County; WHEREAS, both Collier County and Lee County understand that there are numerous local vendors that materially affect and significantly impact the economies of both counties; WHEREAS, both counties wish to enter into a reciprocal agreement regarding the status of vendors located within their respective counties;and WHEREAS, both counties wish to continue to otherwise maintain the distinct characteristics of their respective local preference practices. NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained,Collier County and Lee County hereby agree to enter into this Agreement. SECTION I. DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Lee County to be"local"for preference purposes in Collier County provided they meet all other aspects of the definition of"local" as set forth in Collier County Resolution 2008-181. Concurrently, Lee County agrees to deem vendors with a physical business address in Collier County to be"local"for preference purposes in Lee County provided they meet all other aspects of the definition of"local"as set forth in Lee County Ordinance No. 00-10. SECTION IL TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either County elects to terminate this Agreement; or elects to terminate its existing local vendor preference ordinance or resolution. 2.02 Either County may terminate this Agreement upon sixty(60) days prior written notice to the other County. 5:00 PHl Page 1 of3 11-25-08 Packet Page-319- 2/12/2013 11 .A. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each county shall each defend, indemnify and save the other harmless from any and all claims,liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the parties' performance under this Agreement. Neither party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in§ 768.28, Fla. Stat.(2007). This provision shall also pertain to any claims brought against the parties by any employee of the named parties,any sub-contractor,or anyone directly or indirectly employed by any of them. The parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Lee County shall be deemed duly served if mailed or faxed to Lee County at the following address: Lee County Government Center Purchasing Department 1825 Hendry Street,3rd Floor Ft.Myers,FL 33901 Attention: Janet Sheehan,Purchasing Director Telephone: 239-533-5450 Facsimile: 239-485-5460 4.02 All Notices from Lee County to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department-Purchasing Building 3301 Tamiami Trail East Naples,Florida 34112 Attention: Steve Carrell,Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 Either county may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the party Page 2 of 3 Packet Page-320- 2/12/2013 11 .A. prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorneys' fees. 5.02 It is understood that this Agreement shall be executed by both parties prior to either county commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by both Counties. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ^'DV I -T :•BLOCK,CLERK 4,.....,.,._.....e. . ?* t.: 11‘i!.' ", ..F . : 741;., pob_itt .Y5p--- ' �,� ro . Tom Henning,CHAIRMAN ,. v, �; . . ..sk..I to Chi tram ApprBiie s p o form drid legal sufficiency Colleen M.Greene Assistant County Attorney """`.ti• AS TO L • AUNTY: BOARD OF COUNTY COMMISSIONERS .- •; e'�`/ LEE COUNTY,FLORIDA ATTEST: . ".:9HARI #,GREEN,CLERK OF COURTS = p` 11-,,...;,,,,,.:,,,,..".":- F "EneiAetet.7UHL& r-)t _ L I Deputy Clerk CHAIRM T(2 Approv• ,as to fo /d -:al sufficiency / L Assist.t%:unty A tors' Page 3 of 3 1 Packet Page -321- 2/12/2013 11 .A. 16E7 1 LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT THIS Agreement, made and entered into this rile day of 14 , 2009, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called Collier County, and the City of Bonita Springs, a Florida municipal corporation,hereinafter called Bonita Springs. WITNESSETH WHEREAS, the Board of County Commissioners for Lee County, Florida ("Lee County"), a political subdivision of the State of Florida, enacted its Ordinance No. 00-10, which extended specific preference considerations to vendors located in Lee County, Florida, and Collier County through its Resolution No. 2008-181 extended preference considerations to vendors located within Collier County; and WHEREAS, Collier County and Lee County previously entered into a local vendor preference reciprocity agreement,which was approved by their Board of County Commissioners on October 14,2008, and November 25,2008,respectively; and WHEREAS, both Collier County and Bonita Springs understand that there are numerous local vendors that materially affect and significantly impact the economies of their citizens; and WHEREAS, both Collier County and Bonita Springs wish to enter into a reciprocal agreement regarding the status of vendors located within their respective county and municipal boundaries; and WHEREAS, Bonita Springs wishes to follow and adhere to the distinct local vendor preference policy articulated in Lee County Ordinance No. 00-10 as does Collier County with respect to the local vendor preference policy established in its Resolution No. 2008-181; and NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, Collier County and Bonita Springs hereby agree to enter into this Agreement. SECTION I. DESCRIPTION OF RECIPROCITY 1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a physical business address in Bonita Springs to be "local" for preference purposes in Collier County provided they meet all other aspects of the definition of"local" as set forth in Collier County Resolution 2008-181. Concurrently, Bonita Springs agrees to deem vendors with a physical business address in Collier County to be "local" for preference purposes in Bonita Springs provided they meet all other aspects of the definition of"local" as set forth in under Lee County Ordinance No. 00-10. SECTION IL TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written until such time as either Collier County or Bonita Pagel of3 BSC-09-06-73 Packet Page -322- 2/12/2013 11 .A. Springs elects to terminate this Agreement; or such time that Collier County elects to terminate its existing local vendor preference resolution. 2.02 Either Party may terminate this Agreement upon sixty (60) days prior written notice to the other. SECTION III. INDEMNIFICATION 3.01 To the extent permitted by Florida law, each Party shall defend, indemnify and save the other harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to the Parties' performance under this Agreement. Neither Party shall be responsible for any incident arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in§ 768.28, Fla. Stat, (2007). This provision shall also pertain to any claims brought against the Parties by any employee of the named Parties, any sub-contractor, or anyone directly or indirectly employed by any of them. The Parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION IV. NOTICES. 4.01 All notices from Collier County to Bonita Springs shall be deemed duly served if mailed or faxed to Bonita Springs at the following address: Bonita Springs City Hall 9101 Bonita Beach Road Bonita Springs, FL 34135 Attention: City Manager Main Phone Number: (239)949-6262 Main Fax Number-(239)949-6239 4.02 All Notices from Bonita Springs to Collier County shall be deemed duly served if mailed or faxed to the following address: Collier County Government Center Purchasing Department- Purchasing Building 3301 Tamiami Trail East Naples,Florida 34112 Attention: Steve Carnell,Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 Either government may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 3 Packet Page-323- 2/12/2013 11 .A. 16E7 SECTION V. MISCELLANEOUS 5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement the Party prevailing in said litigation shall be entitled to collect and recover from the opposite Party all court costs and other expenses including reasonable attorney's fees. 5.02 It is understood that this Agreement shall be executed by both Parties prior to either local government commencing with the reciprocity described herein. 5.03 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by both local governments. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. ,,AS,TC K9LLIER COUNTY: BOARD OF COUNTY COMMISSIONERS < ��.' COLLIER COUNTY, FLORIDA &TTEST:::1*, , -. 'DWIGH . BROCK, CLERK _ o 010 / e Zic e.___ . /Po-7,7-7-1 A-, ji-et.• Attest &s t0 CRt truw $ Donna Fiala, CHAIRMAN t1gnatirre os 1 II Appr as to fo d egal sufficiency t ,(_____, Jef_ y Klatzkow, County Attorney AS TO BONITA SPRINGS: M.: : :ONITA SPRINGS,FLORIDA ATTEST: 416 Clerk / Ben Nelson Jr.,Mayor Approved as to form and legal sufficiency City Attory Page 3 of 3 • Packet Page -324- -SZE- abed la)ped o -off m8g u°na LE 8 $ 8g 8 8 8 8 8 8 m m m t e - 8 !, :ABLE 111 �. E a ''''2» »r , E sS g ° m.G w MP P `ll 3 $ 6 .28 8 8 8g8g8 6ggg. 8 c v 2 f o —,---, > 1.8w. S E 8g888883888888 ! 888 ! i "i L a o \, .8S L° oE.E9 I `lp( E i, s c HIP- U ?u a� _ v— U 2:;!t W'6 v a 3 7' E E R 2 S 4 E x°38 — - 8 =L0 g7 el 2,E E 2 E n& E a a E : H E E E v 6 i -' o E _.1. i '5 Itifi rn _ a5, �,�M1 E r _ 3 N _ - ° - S° i y n> A m E _ m n x ry G U ! ! gt; c o V — o M a m n m ry o N E a ° 2 ` S 5 i E'm - $m 5 "vil 1. E LOZ/Z UZ 2/12/2013 11 .A. 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August 28, 2012 Mr. Peter Schalt Project Manager Collier County Public Utilities 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Re: Bid Award for the Rehabilitation of MPS 312.00 ABB PN 09-0034 Dear Mr. Schalt: Agnoli, Barber& Brundage (ABB) has completed its review of the bids provided by Collier County for the rehabilitation of the above lift station. As you are aware, competitive bids were submitted by Poole & Kent, DN Higgins, Manhattan Construction and Mitchell and Stark. Poole and Kent submitted the lowest bid at $5,961,000.00. DN Higgins submitted the next lowest bid at $6,036,484.00. We understand that representatives of the Collier County Purchasing Department have determined that Poole and Kent are not considered to be a local vendor under current County Ordinance requirements. Additionally, we understand that representatives from DN Higgins have agreed to match the low bid submitted by Poole and Kent under Collier County's Purchasing Policy which provides a preference for verified, local vendors. ABB has worked with DN Higgins on other utility and stormwater projects, resulting in an overall favorable experience. Based on the Purchasing Department's determination, ABB recommends that DN Higgins be awarded the contract for the MPS 312 Rehabilitation in the amount of$5,961,000.00. Please contact me if you have any questions. Sincerely, Steven A. Martin, P.E. Project Manager Packet Page-327- 2/12/2013 11 .A. Crier County Administrative a Services Division Purchasing Master Pump Station 312 Rehabilitation COLLIER COUNTY BID NO. 12-5931 COLLIER COUNTY, FLORIDA Nicole Parker, Procurement Strategist Email: nicoleparker @colliergov.net Telephone: (239) 252 -4270 FAX: (239) 252 -6549 Design Professional: Agnoli Barber & Brundage, Inc. r r^w Purchasing Deparment•3327 Taman Trail East•Naples,Fonda l 341124901•www.colliergov.nettpurchasing 1 Construction Services Agreement: Revised 3/1/2012 Packet Page-328- 2/12/2013 11.A. TABLE OF CONTENTS PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 14 BID SCHEDULE 15 MATERIAL MANUFACTURERS 16 LIST OF MAJOR SUBCONTRACTORS 17 STATEMENT OF EXPERIENCE OF BIDDER 18 TRENCH SAFETY ACT 19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 22 BID BOND 26 BIDDERS CHECK LIST 28 CONSTRUCTION AGREEMENT 29 EXHIBIT A 1: PUBLIC PAYMENT BOND 37 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 40 EXHIBIT B: INSURANCE REQUIREMENTS 43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 47 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 48 EXHIBIT E: CHANGE ORDER 51 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 53 EXHIBIT G: FINAL PAYMENT CHECKLIST 55 EXHIBIT H: GENERAL TERMS AND CONDITIONS 57 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 89 EXHIBIT J: TECHNICAL SPECIFICATIONS 90 EXHIBIT K: PERMITS 91 EXHIBIT L: STANDARD DETAILS 92 EXHIBIT M: PLANS AND SPECIFICATIONS 93 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 94 2 Construction Services Agreement:Revised 3/1/2012 Packet Page-329- 2/12/2013 11.A. Co t Administratve Services Division Pur hesing PUBLIC NOTICE INVITATION TO BID Master Pump Station 312 Rehabilitation COUNTY BID NO. 12-5931 Separate sealed bids for the construction of Master Pump Station 312 Rehabilitation, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 p.m. LOCAL TIME, on the 30th day of July, 2012, 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 11:00 a.m. LOCAL TIME on the 19th day of July, 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Master Pump Station 312 Rehabilitation Bid No. 12-5931 and Bid Date of July 30, 2012". 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 E-Procurement 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 executed by or countersigned by a licensed Construction Services Agreement:Revised 3/1/2012 Packet Page-330- 2/12/2013 11 .A. 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. 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 Three Hundred Sixty Five (365) 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 29th day of June 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction Services Agreement Revised 3/1/2012 Packet Page-331- 2/12/2013 11.A. 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 15 - 29 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 Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement:Revised 3/1/2012 Packet Page-332- 2/12/2013 11 .A. 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. 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 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 twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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. 6 Construction Services Agreement:Revised 3/1/2012 Packet Page -333- 2/12/2013 11 .A. 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. 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 and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior 7 Construction Services Agreement:Revised 3/1/2012 Packet Page-334- 2/12/2013 11.A. 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. 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; 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 the 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. 8 Construction Services Agreement Revised 3/1/2012 Packet Page-335- 2/12/2013 11 .A. 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 twenty-five percent (25%) from the estimate at the time of bid. 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. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 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 Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 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 Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said 9 Construction Services Agreement:Revised 3/1/2012 Packet Page-336- 2/12/201311 .A. 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 Policy. A copy of the Purchasing Policy 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. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of the document shall 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. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity 10 Construction Services Agreement:Revised 3/1/2012 Packet Page-337- 2/12/2013 11 .A. to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 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 for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection 11 Construction Services Agreement:Revised 3/1/2012 Packet Page-338- 2/12/2013 11 .A. 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. 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 87-25, 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 Bidder 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, 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 12 Construction Services Agreement:Revised 3/1/2012 Packet Page-339- 2/12/2013 11 .A. 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 Purchasing 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." 13 Construction Services Agreement:Revised 3/1/2012 Packet Page -340- 2/12/2013 11 .A. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Master Pump Station 312 Rehabilitation BID NO. 12-5931 Full Name of Bidder Douglas N. Higgins, Inc. Main Business Address 3390 Travis Pointe Rd., Ste. A. Ann Arbor, MI 48108 Email Address brandvb(c�dnhiggins.com Place of Business 4485 Ente *rise Ave.. Na•les 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 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. 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. 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'fil ii1601t1 1 " It EVAI 1 ‘,7•■ ! H 1 9 5' 414N1dIVEAT: -gl" I ' . ■ '-' \ 1 : 1 ; g ; . .7, ....pwlEillE .0 . .4 2g115 li 112t10 . .11-g. tc ,.... 1fir: g5 :? •-: 2 2-zo f.. I m 3 S . 5.--zo . . - . , = Es . . . gli .: .,,HA- ,.: , 11!! ‘;' ,'41,4i i .. - TS. ',.'. .ii7SZ -Lit g ' i 3 ;:d..5. il _ 51,-, : 11 -gyrgi ,, , tER . , Jg ,int . gg'I .VEI;1 tggtg i 8882888 \ ; 4/ 1010i1111011MMAII I itill ill; Li 115 4 4 4 4 4 4 9. 0 1 i t - . . — 1. , .1. 2 : ,.1, :2 7- :2 '''' 5 Rd 7. 1 11P.ig t 31,1E, • . 1 i_.__'-' ■ 1 -1 ■ Igltn,3L_isi h ji il n Packet Page-345- 2/12/2013 11 .A. Airr Certification of Drug-Free Workplace Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a bid received from a bidder that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing., possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. Vendor's Name: L_ '. ,r _ /-.7/ ........... By -----._ -= — _. .. Signature Print Name and Title G/Acquisitions/TechFormsandLetters/Drug Free Workplace Form Revised:2115109 Packet Page-346- 2/12/2013 11 .A. 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. 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. nnpan a R �o�efrT e a +p v� 7� $��µy{,� �vfC f -il�{' - cE fi+'Si k ,c�t�4,�"• � 3'I i 4-1,.- 1r , aj ba r 5 a o �..y- a ' Sig A a � _ M e 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 z r V _ 16 Construction Services Agreement:Revised 3/1/2012 Packet Page-347- 2/12/2013 11 .A. 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 87-25 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. a�• -o. - - 'tsmr''hz§'Fs_.."x Major i ate o, o ubcon acto a 1. Electrical TMA- F4-,M erc - (wif Spec AJ4 les - Ce96a�� T onvC�r, _2. Mechanical ('na,�<< �,, � '2 /oaf k 3. Landsca in sTre ors 4. Civil/Site Work Rutz 5. Fencing F es 6. Odor Control Company I . .. obi`tas°N Fik „ �- A - S ag=4— `� r- - �,� _ - ' --�s- r t...e .., �" 4 s IgglnS��t`� rtra�.r -� �^n° '�;��-' �3 +y� `4 � l -L f,,, �C I3UI . ?-�F J Signature 6 _ W _ n s� M1f+ -+s--"'Yerrc� ^� u�E f•xF.z+-s�r�5.1` +„c c2'+.9,.�_„ ,�� "..-,..» .,kiki:'4,._ .�..,_ a'.��s"c'�..,�,..�� .s^ A..a....L �_x ....:.•v_ r .:rvn ._r.z�.n.c.r.a_::�.. ......a.�—ear .."�:__IN- ._ .. 17 Construction Services Agreement.Revised 3/1/2012 Packet Page-348- 2/12/2013 11 .A. • 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. 1 F. .-w. - F �s •yes x�^!,l H4exw'rsr "1's�`x�-. ..i Company- Douglas NI�a4tn5 inc € � � v -V 1. 9 4 r .:14 Vin: t � .. Signatures . -5 }]N#LL'f+..`H3 i wg- r '`Iii. ` ,71' ty f j thni � vii i �'a'�t.r �" „i"�'.��s��t — � n i .._ +.",...., 'a�.^.rs "a3. m .w" :-.s:3'a - .f '+s Z'71;3 ��u�ncua.•'�r.�.,x..,s.:,.x-. ..,-a�. 4....� I 18 Construction Services Agreement Revised 3/1/2012 Packet Page-349- 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Protect Name: City County Flow Swap Project Name: Collier County Justice Center Owner-Address.-Project Manager-Phone; Owner-Address-Project Manager-Phone; Collier County Public Utilities Engineering . Cotter County Facilities Management Department 3301 East Tamiami Tract,Building H 3301 East Tamlaml Trail Naples,Florida 34112 Naples,Florida 34112 Sandy Sridhar John Clements Engineer-Address-Phone: Engineer-Address-Phone: Agnoll,Barber and Brundage Q.Grady Minor and Associates,PA 7400 Trail Blvd. 3800 Via Del Rey Naples,Florida 34102 Bonita Springs,Florida 34134 Dominic Arnica David Schmitt 239-947-1144 Contract Date: July 27,2009 Contract Date: March 11,2009 Final Contract Amount: $132,79426 Final Contract Amount; $141,588.41 Completion Date: September 9,2009 Completion Date; August,2009 Project 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(grindenauger assembly),new sanitary sewer to the City of Naples. and manholes. Replacement of the existing sanitary sewer with a new 12-inch ran and a high water alarm system. Project Name: Pump Station S-6 Gearbox Replacement Protect Name: Cove Stormwater Pump Station Imp. Owner-Address-Project 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 (239)213-5000 Engineer-Address-Phone: Engineer-Address-Phone: South Florida Water Management District AECOM 3301 Gun Club Road 4415 Metro Parkway • West Palm Beach,Florida 33406 Suite 404 Michael MIllares Fort Myers,Florida 33916 emu;;. (239)278.7996 Contract Date; December3,2009 Contract Date: 2/4/09 Award,3/18/09 NW Final Contract Amount $2,191,945.00 Final Contract Amount $2,798,870.00 Completion Date; May 2010 Completion Date: 2/8110(Contract) Project Name; Master Pump Station 305 Rehabilitation Project Name Water Reuse Piping Modifications/Reuse System Upgrade Owner-Address-Project Manager Collier County Owner -Address-Protect Manager-Phone: Public Utilities Engineering Department City of Marco Island 3301 Tamiami Trail East,Building H Pubic Utilities Naples,Florida 34112 50 Bard Eagle Drive Sandy Sridhar Marco Island,Florida 34145 Bruce Weinstein Engineer-Address: 239-389-5000 Q.Grady Minor and Associates,PA 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 Date: November 2008 Completion Date: January 16,2009 Project Description; probe/Description: Fully rehab 2300 GPM Master Pump Station Rehab 500,000 Gallon Tank and convert potable water facility to reuse storage facility SANDraeF°s` cared nes`Ex erienceStmm•nt81811.>lst Packet Page-350- - - 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Project Name: CAT Operations&AdminLstration Center Project Name; San Marco Master Lift Station Pump Station and Force Main Connection Owner-Address-Protect Manager-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 Date; January 2,2008 Final Contract Amount $833,615.81 Contract Date; February 14,2008 Completion Date; Final Contract Amount $133,673.04 Completion Date; May 1.2008 I � Project Description: Project Description; Installation of 14-inch force main,pump station and valve Construct new 800 GPM Master Lill Station vault to erdsting CAT Operations Building. Protect Name: Irrigation Quality Water Project Project Name; Golden Gate WWTP and Injection Pump Station Owner-Address-Project Manager; Daffier County Fealties Management Owner-Address-Protect Manager-Phone: 3301 Tamiami Trail East,Balding W Florida Govemmental Utility Authority Naples,Florida 34112 280 Weldva Springs Road,Suite 203 Damon Gonzales Longwood,Florida 32779 Engineer.Address-Phone: Engineer-Address-Phone: Anchor Engineering Arcadia 2092 Old Arbor CL 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 Cr>tdiactAmount $2,521,907.78 Completion Date; May 10,2010 Protect Description: Expansion of Golden Gate W WTP 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 • -•purtenances. (Project Name: Treeline Master Pump Station Project Name: PS S-127 and 5-133 Pump Refurbishment and Bearing Replace. Owner-Address-Project Manager-Phone: Owner-Address-Protect 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,El. Nike 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 33408 David Trouteaud Teri Swartz (239)334-0048 Contract Date; July 1,2008 Contract Date: April 10,2008 Final Contract Amount $1,043,805.00 Final Contract Amount: $3,947,723.00 Completion Date: February,2009 Completion Date: July 2010 Project Description: Installation of a master pump station located along Treelne Avenue. The project entailed a jack and bore underTreelne Avenue to connect to the existing force main and construction of a 20 foot deep master pump station. A400 KW oererator and odor control unit were also installed. • • SANaplesFles\ShamdfleA&perience Statement 81811xtss Packet Page-351- 2/12/2013 11.A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Protect Name: Gateway Triangle Stomrwater Improvements Protect Name: Marco Island North Barfield& North Marco Sanitary Sewer District Owner-Address-Protect Manager-Phone: Collier County Owner-Address-Pro ect Manager-Phone: • Stommater 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 Miler 239-389-5011 Engineer-Address: • HDR,Inc. Engineer-Address-Phone: 200 West Forsyth Street Botye Engineering Jacksonville,Florida 32202 4415 Metro Partway,Suite 104 Laura Phillips Fort Myers,FL 33918 • Fred Mll6 Contract Date: November 5,2007 239-278-7998 Final Contract Amount $1,021,336.78 Commotion Date: July 28,2008 Contract Date: March 1,2007 Protect Desmiptiort Stormwater improvements to existing area-excavation of Final Contract Amount North Marco $4,844,808.99 apprmdmately 34,000 Cy of dirt and grading to form lives North Barfield $7,270,729.37 continuous ponds. Installation of box culverts,sheet piing, Completion Date: North Marco May 11,2008 concrete ditch pavement and storm drainage structures. North Barfield March 24,2008 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 Courty Public Uhl-ties Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail,East,Building H 3301 Tamiamt Trail East,Building H Naples,Florida 34112 Naples,Florida 34112 Dianna Cued Sandy Sddha • Engineer-Address-Phone: Engineer-Address-Phone: Hole Monies Q.Grady Meter&Associates 950 Encore Way 3800 Via Del Rey • Naples,Florida 34110 Bonita Springs,Florida 34134 Jerry Tancska 239-254-2000 David Schmitt 239-947-1144 Contract Date: September 17,2007 Contract Date: November 16,2007 Final Contract Amount $336,41249 Final Contract Amount; $765,823.34 Completion Date: June 17,2008 Completion Date: June 3,2008 Protect Description: Protect Description: 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 Labatory Ventilation Improvements Owner-Address-Project Manager-Phone: Owner-Address-Protect Manager-Phan; Collier County Collier County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail East,Buildng H 3301 Tamiami Trail East,Bulking H Naples,Florida 34112 Naples,Florida 34112 Sandy Sridhar Tom Ctxnelit 239.732-2575 Engineer-Address-Phone: Engineer-Address-Phone: • Q.Grady Minor&Associates TLC Engineering 3800 Via Del Rey 1400 Colonial Boulevard,Sute 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: 5789,070.59 Final Contract Amount: $749,367.67 Completion Date: June 10,2008 Completion Date: 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:\Napes flles\Shared Files\Experience Statement 81811.xlsx Packet Page-352- • • • 2/12/2013 11 .A. • EXPERIENCE STATEMENT-SOUTHWEST DIVISION Project Name; Collier County NCRWTP AND SCRWTP Protect Name: Connection to Water Main-Marco Shores Sand Separators Owner-Address-Protect Manager Owner-Address-Project Manager-Phone: City of Marco island Coffer County Pubic Utilities Public Works 3301 EastTamiami Troll 50 Bald Eagle Drive Naples,Florida 34112 Marco Island,Florida 34145 Diana Dueri James Miller Engineer-Address-Phone; Engineer-Address-Phone; Hazen and Sawyer • Contract Date; April 26,2007 Contract Date: December 20,2007 Final Contract Amount; $188,000.00 Final Contract Amotart $1,453,249.71 Completion Date; August 31,2007 Camoletion Date; July 17,2009 • Project Descriotiot1 Procurement and installation of two automatic self-cleaning sand separators(custom built in Germany)inducing stainless steel piping,valves,instruments and control panels. Installation of system,which Included two,three-chamber pump stations, submersible•um•-,venbri flowmeters,etc. Protect Name: SCRWTP Raw Water Transmission Main Project Name: Decomissioning of Pelican Bay &Appurtenances for Wastewater Treatment Plant Raw Water Wells 39S,40S,41S&42S Owner-Address-Project Manager-Phone: Owner•Address-Protect Manager-Phone: Collier County Golfer County Public Utilities Engineering Department Public Utilities Engineering Department 3301 Tamlami Trail,Building H 3301 Tarniami Trail East,Building H Naples,Florida 34112 Naples,Florida 34112 Peter Schell Sandy Sridhar Engineer-Address-Phone: Engineer-Address-Phone: Hazen&Sawyer Hazen and Sawyer 2101 Coporate Boulevard,Suite 301 2101 Corporate Boulevard,Suite 303 Boca Ratan,Florida 33431 Boca Raton,Florida 33431 Albert Mania Kurt Pfeffer 561-997-8070 561-997-8070 Contract Date: September 26,2006 Contract Date: February 8,2006 Final Contract Amount; $1,884,000.00 Final Contract Amount $72.500,00 Completion Date: April 11,2007 Completion Date: July 30,2006 Length of Contract 210 days Project Description • Installed 3500 LF of 16-inch HDPE raw water transmission main and 3500 LF of Fber Option and Electrical ducfbanks,and instrumentation and Control Fadities at the four new water wel facilities. This provided the plant the ability to produce sufficient capacity to meet water demands. Included installation of pigging stations and electrical enclosures. Project Name: Pelican Bay Fre and Irrigation Water Project Name; Reclaimed Water Aquifer Storage and System Improvement at the Ritz Carlton Recovery Owner-Address-Protect Manager. Owner-Address-Project Manager. Collier County Coffer County Public Mlles Engineering Department Public Utilities Engineering Department 3301 Tamiami Trail East,Budding H 3301 Tamiami Trail East,Building H Naples,Florida 34112 Naples,Florida 34112 Claude Nesbitt Alicia Abbott Engineer-Address-Phone: Engineer-Address: Wilson Miller,Inc. Water Resource Solution 3200 Baley Lane,Suite 200 1388 Colonial Boulevard Naples,Florida 34105 Fort Myers,Florida 33907 Craig Pager Lloyd Horvath 800-649-4336 Contract Date: April 5,2008 Contract Date: March 30,2006 Final Contract Amount $4,658,515.28 Final Contract Amount: $162,723.43 Completion Date: June 6,2007 Completion Date: February 28,2007 Project Description; Installed a deep injection well for the storage of reclaimed water coming from Collier County water treatment plants. The Owner will have full capability to recover this reclaimed water for market and/or use for their own irrigation needs. • • S`napies NiisShared Faes\Experience Statement 81811xiu Packet Page -353- 2/12/2013 11 .A. • EXPERIENCE STATEMENT-SOUTHWEST DIVISION Protect Name: Tigertaii Sewer District Project Name: Pads for MBR and Equipment Wastewater Collection System Expansion Owner-Address-Project Manager-Phone; Owner-Address-Protect Manager-Phone; City of Marco Island • City of Marco Island 50 Said Eagle Drive 50 Bald Eagle Drive Marco Island,FL 34145 Marco Island,FL 34145 Mr.James Miller Mr.Bruce Weinstein 239-389-5011 239-389-5182 Engineer-Address-Phone: Engineer-Address-Phone: Bolye Engineering CDM 4415 Metro Parkway,Suite 104 9311 College Parkway Fart Myers,FL 33918 Fort Myers,FL 33919 Fred Mitt Adam Soblenski 239-278-7998 239-437-9494 Cai 4 a..t Date: March 7,2006 Contract Date: March 13,2006 Final Contract Amount 52,920,703.33 Frail Contract Amount: 5183,000.00 Completion Date; December 21,2006 Completion Date: May 13,2006 Protect Name; Rosemary Park Paving& Protect Name: Forest Lakes MSTU Drainage Improvements Phase 2 Drainage Improvements Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone: City of Banda Springs Colter County-ATM • Public Works Department Stormurater Department 9101 Bonita Beach Road 2885 Horseshoe Drive South Bonita Springs,Florida Naples,Florida 34104 239-949-6243 Darryl Richard Engineer-Address-Phone: Engineer-Address; Q.Grady Minor Wilson Miler 3800 Vla Del Rey 3200 Bailey Lane,Suite 200 Bonita Springs 34134 Naples,Florida 34105 David Schmitt Craig Payer 239-949.6243 Contract Date: Apn15,2006 Contract Date: May 2,2008 Final Contract Amount 5831,805.33 Final Contract Amount 5193,287.00 Completion Date:• November 1,2006 Completion Date: July 19,2006 Project Name; Dortch Ave.Drainage 8 Paving Impvs. Protect Name: Lehigh Acres Interconnect Hampton Street Sidewalk Improvements with The City of Fort Myers Owner-Address-Project Manager-Phone: Owner-Address-Project Manager-Phone; City of Bonita Springs Public Works Department Florida Governmental Utilltty Authority 9101 Bonita Beach Road 280 Wekiva Springs Road,Suite 203 Bonita Springs,Florida Longwood,Florida 32779 239-949-6243 Engineer-Address-Phone; Engineer-Address-Phone: Malcom Prnie,Inc. Q.Grady Minor 2301 Maitland Center Parkway,Suite 425 3800 Via Del Rey Maitland,Florida 32751 Bonita Springs 34134 Victor Hurtburt David Schrtdtt 407 6595560 • 239-949-6243 Contract Date: June 15,2006 Final Contract Amount $2,884,382.00 Contract Date: March 15,2006 Completion Date: April 2007 Final Contract Amount $316,400.50 Completion Date: August 1,2006 S:\Naples Fles1,Shamd Files\Experience Statement 81811x4x Packet Page-354- 2/12/2013 11 .A. • EXPERIENCE STATEMENT-SOUTHWEST DMSION Proud Name: Pump Station 109 and 113 Improvements Project Name: Marco island Wastewater Treatment Plait Expansion-Phase 1 Improvements Owner-Address-Project Manager-Phone; Collet County Owner-Address-Protect Manager-Phone; Public Utillles Engineering ,City of Marco Island 3301 Tamiami Trail East,Building H 50 Bald Eagle Drive Sandy Srldhar Marco Island,FL 34145 Mr.Bruce Weinstein Engineer-Address-Phone: 239-389-5182 Q.Grady Minor&Associates 3800 Via Del Rey Engineer-Address-Phone; Bonita Springs,Florida 34134 CDM David Schmitt 9311 College Parkway Fort Myers,FL 33919 Contract Date; February 8,2006 Adam Soblenski Final Contract Amount: $1,229,581.25 239-437-9494 Completion Date: September 29,2006 Contract Date: May 23,2006 Final Contract Amount; $9,787,283.47 Completion Date: January 17,2007 Project Name: Appurtenances For Wells RO 101N project Name: Construction of Wets 35&36 and 102N Owner-Address-Project Manager-Phone: Owner-Address-Proiect Manager-Phone: Collier County Colter County Public Utilities Engineering Public Utilities Engineering 3301 Tamiami Trail East,Building H 3301 Tamiami Trail East,Butdbig H Naples,Florida 34112 Howard Brogdon Peter Schaff Errol/leer-Address-Phone: Engineer-Address-Phone: Camp Dresser&McKee,Inc. Hazen&Sawyer 9311 College Parkway,Suite 1 2101 Corporate Boulevard,Suite 301 Fort Myers,Florida 33919 Boca Raton,Florida 33431 Adam Soboiewsid Albert Monte - 239-432-9494 Contract Date: May 24,2005 Contract Date: August 18,2005 Final Contract Amount: $597,000.00 Final Contract Amount $998,980.97 Completion Date: January 27,2006 Completion Data: January 30,2006 Length of Contract; 240 days Length of.Contract 120 days Project Description: Project Description: This project was to instal two complete wellhead fealties. The This project was to install two complete wellhead facilities work included slruMurat concrete,mechanical,electrical,fiber optic and instal over 1000 LF of 24"PVC Raw Water pipe_ tine connections,and I&C. The raw water pipe size was greater The work included structural concrete,mechanical,electrical, than 12 inches. fiber optic fine connections, ductbank and I&C. Project Name: 12th Avenue Interconnect Booster PS Protect Name: NCWRF Rebuild fitter Set 1 Clean and Paint Filter Beds Owner-Address-Project Manager-Phone: Colter County Owner-Address-Project Manager-Phone: Public Utilities Engineering Collier County 3301 Tamiami Trail East,Building H Public Utilities Engineering Department Naples,Florida 34112 3301 Tamiami Trail East,Building H Peter Schaff Karen Guliani Engineer-Address-Phone: Hazen and Sawyer Engineer-Address-Phone: 1905 South 25th Street,Suite 103 Collier County Fort Pierce,Florida 34947 Public Utilities Engineering Department Albert Muniz 3301 Tamiami Trail Fall,Bulling H Karen Gullani Contract Date: August 8,2005 Final Contract Amount $1,083,000.00 Contract Date: March 1,2005 Completion Date; October 31,2006 Final Contract Amount $354,817.30 Completion Date: September 14,2005 • Si\Naples Fitts\Shared Files\Experienn Statement 838ll.slm Packet Page -355- MI et 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION project Name; SCWRF Rehabilitation Piping Project Name: Michigan Street Drainage Improvements Odor Control Modifications Owner-Address-Protect Manager-Phone; Owner-Address-Project Manager-Phone: Collier County City of Bonita Springs . Public Utilities Engineering 9101 Bonita Beach Road 3301 Tamiami Trail East,Building H Borgia Springs,Florida 34135 Naples,Florida 34112 239-949-6262 • Vaughn Wiliam Enolneer-Address-Phone; Engineer-Address-Phone: C.Grady Minor&Assodates Hole Montes 3800 Vla Del Rey 950 Encore Way Boma Springs,Florida 34134 Naples,Florida 34110 David Schmitt E.Joseph Goetz,Jr. • 239-254-2000 Contract Date: November 21,2005 Contract Date; September 1,2005 Final Contract Amount $217,900.00 Final Contract Amount 5243,610.00 Completion Date; July 12,2006 ,Completion Date: Project Name: Richview Court Drainage Maintenance Project Name: 1-75 and Aim Road Interchange Recnnsir. Owner-Address-Project Manager-Phone: Owner-Address-Project Manager-Phone: City of Bonita Springs Florida Department of Transporation i Public Works Department Tallahassee,Florida 9101 Bonita Beach Road Bonita Springs,Florida 239-949-6243 Engineer-Address-Phone; Engineer-Address-Phone: Contractor. Engineer Thomas Boyle City of Bonita Springs Kiewit Southern 239-432-2732 Pubic Works Department 450 Dividend Drive 16999 James Whitehead Road. Peachtree City,Georgia Fort Myers,Florida 33912 Contract Date: December 27,2005 - Contract Date: October 5,2005 Final Contract Amount $29,333.50 Final Contract Amount: 51,288,742.63 Completion Date; January 30,2006 Completion Date: June 2007 • Project Name: Culvert Replacement in the River Oaks, Project Name; Twin Lakes interconnect Palm River Subdivision • Owner-Address-Project Manager-Phone: Owner-Address-Project Manager-Phone: Cattier County Collier County Stomiwater Management Stormwater Management 2885 Horseshoe Drive 2885 Horseshoe Drive Naples,Florida 34104 Naples,Florida 34104 Margaret Bishop Gianfra<co Nicolaci Engineer-Address-Phone: Engineer-Address-Phone: Collier County t Agnoi Barber&Bnagage,Inc. Stomlwater Management 7400 Tamiarrd Trail North,Srite 200 Ratites,Florida 34108 Roger Sanders Contract Date: Apn14,2005 Contract Date: September 12,2005 Final Contract Amount $576,642.50 Final Contract Amount; $750,120.76 Completion Date: July 8,2005 Completion Date: March 1,2006 S:\Naples Hes\Shared Files\Experience Statement 91B11xoc Packet Page -356- 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Project Name: SCWTP Rehab Reactor#1 Protect Name; Master Pump Station 302 Rehabifitatton Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone; Collier County Public Utilities Planning Coffer County Public Utilities Planning &Project Management &Project Management 3301 East Tamiami Trail 3301 East Tamiami Trail Naples,FL 34112 Naples,FL 34112 (239)252-421S (239)252-421e Engineer-Address-Phone: Engineer-Address-Phone: N/A Q.Grady Minor&Associates,PA David Schmitt 3800 Via Del Ray Bonita Spriggs,FL 34134 • Contract Date: July 28,2009 Contract Date; November 10,2008 • Final Contract Amount: 597,400.00 Final Contract Amount 52,011,347.57 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 M 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-Project Manager-Phone: Collier County Storrnvrater 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: 586,775.00 Final Contract Amount: $1,777,185.54 Completion Date: October 2,2009 i Completion Date: April 23,2010 Project Description: Installed reinforced concrete wet wells,valve vaults,master manholes,hatch covers&12-inch sanitary sewer from master manholes to wet well for 19 lift stations. Project Name: Master Pump Station 101 Improvements Protect Name: Port of the Islands Mechanical&Electrical • Work at Water Well No.3 Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manaoer-Phone: Collier County Public Ublities 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; Agnoll.Barber&Brundage,Inc. Hole Mantes,Inc. 7400 Tamiami Trail N.,Ste.200 950 Encore Way Naples,FL 34108 Naples,FL 34110 (239)597-3111 (239)254-2000 li Contract Date: November 30,2009 Contract Date; December 21,2009 Final Contract Amount $147,534.62 Final Contract Amount: $189,398.99 Completion Date; August 6,2010 Completion Data: June 2,2010 Project 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. SANaoi s fileAShared Finn\Experience Stat 't8181` Packet Page-357- • 2/12/2013 11.A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Project Name; Mackie Park Phase 3(A)Improvements Project Name; Isle of Capri-Phase I Water Main Improvements Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone; City of Marco island Collier County Pubic Utilities 50 Bald Eagle Drive 3301 Tamiami Trail East Marco Island,FL 34145 Naples,FL 34112 Diana Dueri 239-252-4218 Engineer-Address-Phone: Engineer-Address-Phone: American Engineering Consultants of Marco island,Inc. David Schmitt.P.E. 573 Bald Eagle Drive G.Grady Minor Marco Island,FL 34145 3800 Vla Dee 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 Date; January 2,2011 Protect Description. Prated Description; Park renovations to include: New asphalt walkway around lake,new Installation of new water dilution pipeline that connects to the bollard lighting,new lake fountain,new portion shelter existing 12-Inch water transmission main that goes into the Isles of Capri from Collier Blvd. Includes nsta(ation of approx. 4500 LF of 12'PVC and 4500 LF off!'PVC. Work also Involves installation of new service fees and cross mmection devices at each service location,along with several new lire hydrants and road restoration. Project Name: Winterbeny Drive&South Heattrwood Drive Project Name: MPS 104 Reclaimed Water Main Supp Water Main Improvements Owner-Address-Project Manager-Phone: Owner-Address-Protect Manager-Phone: City of Marco Island Collier County Pubic Unties 50 Bald Eagle Drive 3301 E.Tanxami Trail Marco Island,FL 34145 Naples,FL 34112 Timothy E.Pinter,P.E.,Public Works Director Shanthi Srdtiar 239-389-5000 239.252-4285 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.Mitt!,P.E. Kevin Higginson,P.E. 239-278-7996 239-226-9680 Contract Date: March 4,201D Contract Date: Apn127,2011 Final Contract Amount $130,881.37 • Final Contract Amount $245,908.88 Completion Date; October 29,2010 Completion Date; January 21,2011 Protect Description: Project Description: 18"Interconnect to existing 38"ductie ion waterman Construction of Approx.240 LF of 16 inch and 18 inch reclaimed water main and improvements to a wastewater pumping station,inducing one horizontal directional dr0 roadway crossing and all pipe,filings,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. • • &\Naples Flies\Shared Flies\Experience Statement 81811.4m Packet Page-358- 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Protect Name: Immokalee&Everglades Intersection Improvements Project 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 Tamiami 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 St.,Ste.200 Naples,FL 34109 Fort Myers,FL 33901 Richard White 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 Protect Desciption: Project Description; I Subcontract Agreement with Better Roads,Inc. Work at Popash Creek consisted of construction external berms on three skies of the 307 acre preserve,constructing some internal berms it the South area,lowering the existing east-west berm(south of the interceptor dish),installeig 36'and 48'RCP's,channel excavation as part of Lake 1, sand cement rip rap installation,rip rap installation,sheet pang,weir gate installation as well as other misc,storm improvements. Project Name; North County Water Reclamation Facility Project Name: LeeMendry 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 Board of County Commissioners 3301 East Tamiami Trail P.O.Box 398 Naples,FL 34112 Fort Myers,FL 33902-0398 Claude Nesbitt,Sr.Project Mgr. Keith Howard,Solid Waste 239-252-8380 239.533-8917 Engineer-Address-Phone: Engineer-Address-Phone, Hole Mantes MINH Americas,Inc. 950 Encore Way 14311 Metropolis Ave.,Ste.101 Naples,FL 34110 Fort Myers,FL 33912 239-254-2000 Gordon Kennedy 239-236-0011 Contrail Date: May 21,2010 Contract Date: January 25,2011 Final Contract Amount $192,994.05 Fnal Contract Amount $1,455,900.09 Completion Date: December 6,2010 Completion Date: November 15,2011 Project Description: Protect Description: Furnish and install EQ Tank Construction of a 2 acre injectate Storage Pond,installation of Furnish and install OX Ditch double containment HOPE piping for transfer of leachate, installation of an injection wet and monitoring wet,installation of an annular pressure tank fed with nitrogen,installation of monitoring well pumps,transducers and appurtenances along with injectale transfer,sett-priming,non-clog,horizontal pumps. Project also invoWed 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\&peri.ese Statement a 181111= Packet Page-359- 2/12/2013 11.A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Project Name: Lakes Park Water Quality Improvements Project Name: East Naples/Solana Road Pump Stafion Improvements Owner-Address-Protect Manager-Phone: Owner-Address-Project 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 Aces,FL 33971 Naples,FL 34102 Lee Flynn,PE. Jennifer Woodall,P.E 239-332-4569 407-839-3955 Contract Date: April 26,2011 Contract Date: March,2010 Feral Contract Amount $467,985.00 Final Contract Amount $2,500,000.00 Completion Date: October 30,2011 Completion Date: February,2011 Project Desviptioms 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 moms and roof moctflcations,VFD Installation,60010W 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 instating slide gates to reduce flow through these electric and Instrumentation improvements at two booster structures.The project also hrvoied clearing and grading of four stations. existing spoil islands to create littoral shelves by the removal of exotics and spot material and the planting of native wetland vegetation. Project Name: NCWRF Repair 5 Sludge Presses Project Name: SCRWTP Chbnnation Improvements Owner-Address-Protect Manager-Phone: Owner-Address-Protect Manager-Phone; Collier County Board of County Commissioners Collier County Public Utilities 3301 East Tamjarnj Trail 3301 E.Tamiaml 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 Noland Ave. 201 East Pine Street,Ste.1000 Peapack,NJ 07977-0257 Naples,FL 34102 Steven Lukacs Jennifer Woodall,PE. 908-234-1000 407-839-3955 Contact 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 Project Name: NCWRF Deep Injection Well Mag Meter Replacement Protect Name: (4)8"GravityiJne Segment Replacement along Vanderbilt Drive Owner-Address-Protect Manager-Phone: Owner-Address-Project Manager-Phone: Caller County Public Utilities Collier County Pubic Utilities 3339 Tamaami Trail E.,Ste.303 3301 Tamiamj Trail E. Naples,FL 34112 Naples,FL 34112 Craig J.Pager,Project Manager James Sarnia-Ws,Project Manager 239-252-2554 239-252-4285 Engineer-Address-Phone: Engineer-Address-Phone: WA WA Contract Date; January 10,2011 Contract Date; August 16,2011 Final Contract Amount $24,526.72 Final Contract Amount $158,000.00 Completion Date: September 13,20.11 Completion Date; September 23,2011 Project Description: Prated Description: Remove and Install NCWRF DIW Magnetic Flow Meters,electrical Four 8"point repairs on Vanderbilt Drive disconnection and reconnection,provided and instated 24 inch Mega- flange S:\Naples FJm\Stared Files\Experience Statement 81811xla Packet Page-360- 2/12/2013 11 .A. EXPERIENCE STATEMENT SOUTHWEST DIVISION Protect Name: Wyndemere Country Club Remove/Install 43 Fire project Name: NCWRF Compliance Assurance Hydrants&Valves Owner-Address-Project Manager-Phone: • Owner-Address-Project Manager-Phone: Collier County Water DIstnbution Collier County Public Utilities 4370 Mercantile Ave. 3301 E.Tamiami Trail Naples,FL 34104 Naples,FL 34112 Pam Libby Peter Schalt,PMP 239.252-6239 Engineer-Address-Phone: - Engineer-Address-Phone; ' N/A Hole Monies,Inc. 950 Encore Way Naples,FL 34110 Cld[ord Pepper,P.E. • (239)254-2000 Contract Date: September 5,2011 Contract Date: November 6,2009 Final Contract Amount $96,350.00 Final Contract Amount: $8,583,000.00 Completion Date: November 21,2011 Completion Date; November 23,2011 Project Description: Proiect.Description: Remove/install 43 Fire Hydrants&Valves Upgrade to existing odor control system. Installation of 4 new RemoveRnstall 3 keine Valves odor control units. Construction of two HDPE lined water Install 1 new Milne 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 Upgrades and modifications to existing chemical supply systems • Project Name; Vanderbilt Beach MSTU,Guff Shore Drive Utility Project Name: Bella Terra-Replace Existing Irrigation Relocate Main Owner-Address•Project Manager-Phone: Owner-Address-Project Manager-Phone: Collier County Public Utilities CCC Traditions,LLC 3339 Tamiami Trail E,Ste.303 135 San Lorenzo Ave. Naples,FL 34112 Coral Gables,FL 33148 Mark Sunyak,P.E.(Project Manager Engineer-Address-Phone; Engineer-Address-Phone: Malcolm Pirnie Peninsula Engineering 4315 Metro Pkwy,Ste.520 2600 Golden Gate Pkwy. Ft.Myers,FL 33918 Naples,FL 34105 Contract Date: November 28,2011 Contract Date: December 5,2011 Final Contract Amount: $72,778.50 Final Contract Amount: $108,712.18 Completion Date: January 27,2012 Completion Date: January 18,2012 Project Description: Protect Description: • • S:\Naples Files\Sharsd Files\Experience Statement 8 1811818K Packet Page -361- 2/12/2013 11 .A. EXPERIENCE STATEMENT-SOUTHWEST DIVISION Prole ct Name: Pump Station 312.29&312.41 Refurbishment Project Name: Hendry County-Construction of CR 78 Phase 1A&1B Drainage Improvements • Owner-Address.Project Manager-Phone; Owner-Address-Project Manager-Phone: Collier County Public Utilities Hendry County Board of County Comm. 3339 Tamiami Trad E.,Ste.303 P.O.Box 1607 Naples,Fl.34112 99 East Cowboy Way Zamira Del Taro,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.Hicicpochee 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: Completion Date: Apn125,2012 Completion Date: 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 and 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 sweles 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 HOPE Install pedestrian picket rang,rip-rep,drainage pipe,sod, discharge piping,check and plug valves,pumps,electrical control panels, signage and striping. generator with ATS,new telemetry along wfth new lining in pump station. • Privacy slats were also installed in existing fence along with new stone landscaping. • • • • tfNaples Res\Shared Files\Experience SOtament 81811.xla Packet Page-362- - - 2/12/2013 11 .A. • 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. n art LF 1/ 300 4A. 00 4 a/ leo. ao 2. ` s ft. L P Lk0 oo f d, 000. co 3. 4. I 5. TOTAL $ 2b 0D•t70 Failure to complete the above may result in the Bid being declared non-responsive. i .i "Mfifif t "a, & 2 -I• nS n� 4 ;" ... r s ,Ri -�r ry. 4ux Y W7" 7 "4-14106 ra . " y ,� ` � 1rfie - I SIaY6r V J W W ✓' 4 , ^ � t2t 3� A C� IVZ ; # Z,;;;;-7-t., �", r "w '"�Z w . �1 L_ w r 19 Construction Services Agreement Revised 1/1/2012 Packet Page-363- ...____-- 2/12/2013 11 .A. • Cow County Adtrinistarive Services Divifion Purdiasing AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION#12-5931 MASTER PUMP STATION 312 REHABILITATION(CHECK APPROPRIATE BOXES BELOW) State of Florida(Select County if Vendor is described as a Local Business 'N Collier County Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in OCollier County or❑ Lee County: 1990 Number of Employees (Including Owner(s)or Corporate Officers): 51 Number of Employees Living in V Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 26 If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Douglas N. Higgins, Inc. Date: 7/30/12 f' Collier or Lee County Address: 4485 Enterprise Ave., Naples, FL 34104 Signature: KC/" • L '' �r""`-� Title: Vice President 544:1-e_ err r'i'?i cl1 e •-- , Wash f eat a w Cc wr. STATE OF FLORIDA: k COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this 30th Day of July , 20 12 Alitz2)71_0L Notary Public R,SUZANNE HAWKER - My Commission Expires: Pubic,Washtenaw Count,Ml } (AFFIX OFFICIAL SEAL) 20 Construction Services Agreement:Revised 111/2012 Packet Page-364- 2/12/2013 11 .A. Co�1er C�ot�cty Athinistrarwe Services oivisim Purchashg Immigration Law Affidavit Certification Solicitation:#12-5931 Master Pump Station 312 Rehabilitation This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals (RFP)submittals. Further,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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Douglas N. Higgins, Inc. Print Name Kelly A.Wilkie Title Vice President Signature _ /' •- - Date 7/30/12 •State of Michigan County of Washtenaw The foregoing instrument was signed and acknowledged before me this 30th day of July 20 12, by Kelly A. Wilkie (print or type name)who has produced Personally Known (type of identification and number)as identification. Notary Publ. ignature R. Suzanne Hawker Printed Name of Notary Public R.SUZANNE HAWKER Notary Public,Washtenaw County,M1 MvefillftiSsion Expitus filar 7,-2017 Notary Commission Number/Expiratio The signee of this Affidavit guarantees, as evidenced-by the swom affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 21 Construction Services Agreement Revised 1/1/2012 Packet Page-365- -" 2/12/2013 11 .A. CAT cry Pdrtct -adue Services Dnnsicn Purchasing COLUER COUNTY SOUCITATIONS 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 danhesinhiogins.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 brandvb(a)dnhiggins.com Email brandvbOdnhigains.com 2. Company Status (check only one) _Individual/Sole Proprietor XX Corporation I _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 ; Date 7/30/12 Title Vice President Phone Number 734-996-9500 22 Construction Services Agreement Revised 1/1/2012 Packet Page -366- 2/12/2013 11.A. 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 five (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 Three Hundred Five (305) 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 Sixty (60) 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. 23 Construction Services Agreement:Revised 1/1/2012 Packet Page -367- 2/12/2013 11.A. ' r (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 R. Suzanne Hawker Treasurer R. Suzanne Hawker Vice President William D. Higgins, James H. Sweet, Kelly A. Wilkie The Vice President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken May 15, 2011 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: �� II 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 24 Construction Services Agreement Revised 1/1/2012 Packet Page-368- 2/12/2013 11 .A. • Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 7/30/12 legal t4ALIL2 BY: Douglas N. Higgins, Inc. ess Name of Bidder (Typed) otika , ( . • Witness Signatur Vice President Title STATE OF Michigan COUNTY OF Washtenaw The foregoing instrument was acknowledged before me this 30th day of July , 2012, 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 Personally Known as identification and did (did not) take an oath. My Commission Expires: rf4t - R.SUZANNE HAWKER (Signatur f Notary) Notary Public.Washtenew County,Ml My Commission Expires Mar 7,2017 NAME: R. Suzanne Hawker (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of miCt-E/6ftN Commission No.: • 25 Construction Services Agreement Revised 1/1/2012 Packet Page-369- 2/12/2013 11 .A. 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 cn May 15, 2011 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." Douglas N. Higgins 7 f William D. Higgins J`� I � � James H. Sweet f J 4 Kelly A. Wilkie K2/U(4 O - LUJ-' o '' ;4 a jhuliiit.4,L R. Suza4ne Hawker Secret. y • Dated: May 15, 2011 • Packet Page-370- 2/12/2013 11 .A. • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Fire Insurance 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, CT and authorized to do business in the State of FL are held and firmly bound unto the Board of County Commissioners, Collier County, FL (hereinafter called the Owner), in the full and just sum of Five Percent of 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 : Master Pump Station 312 Rehabilitation Bid No. 12-5931 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 30th day of July , 2012. Douglas N. Higgins, Inc. Principal • ' : , BY . W (Seal) Hartford Fire Insure ompany - Surety ! _�� . I.I - (Seal) Countersigned WO p • Dale L8eo FL1 26 tab&Co ZQ0112 kia. Construction Services Agreement Revised 1/1/2012 wt EL 38172 1sZ 591 Packet Page-371- 2/12/2013 11 .A. • Local Resident Producing Agent for Hylant Group, 24 Frank Lloyd Wright Dr. • P.O. Box 541 Suite J4100, Ann Arbor Michi.an 48106 • 27 Construction Services Agreement Revised 1/1/2012 Packet Page-372- 2/12/2013 11 .A. Direct inquiries/Claims to: 4 THE HARTFORD POWER OF ATTORNEY 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 I 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, Tem'Mahakian, David Harlock of Ann Arbor, Ml their true and lawful Attomey(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 January 22,2004 the Companies have caused these presents to be signed by its Assistant 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. eortIN o .f s i 7 . 'l • w,"'r"'a.:. O!t �� L '�"�•5� a •a it. _ .IS SoVr Jr,rNw� AN01► lei l97 Ivot • i..;•"rCr `,tom-� •�•!,x• Wesley W.Cowling,Assistant Secretary M.Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 3e day of November, 2008, 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 Assistant 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. //�\ c� eek . « �J Scot E.Paseka �,� Notary Public CERTIFICATE My Commission Expires October 31,2012 I,the undersigned,Assistant 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 kill force effective as of July 30,2012. Signed and sealed at the City of Hartford._ .. r C �` /` t• r'..`+.N u rrrbKr�li!�' 0*r .a ' f + )) ti ) }W + !�1,47 4a1r06 ��"';2a T 4 _ .�l\ a 7 4 I '9 r r t W ry"1•�- Gary W.Stumper,Assistant Vice President Packet Page-373- 2/12/2013 11 .A. 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. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10.Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12.The mailing envelope must be sealed and marked with: Bid Number; 12-5931 aProject Name; Master Pump Station 312 Rehabilitation Opening Date; July 30, 2012 13. 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. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER ,r- AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Douglas N. Higgins, Inc. Bidder Name ?Wu . WJ c L•• VIce P 2:6111-U/14- Signature Title Date: 7/30/12 28 Construction Services Agreement Revised 1112012 Packet Page-374- 2/12/2013 11 .A. i Stil, te it. f ., lirida .. . Q 1 epirriment of St,to $ i ii I certify from the records of this office that DOUGLAS N. HIGGINS INC. is a corporation organized zed under the laws of Michigan, authorized j n 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, 2012, that its most recent annual report was filed on January 17, 2012, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. { 1 ,i Given under my hand and the Great Seal of Florida,at Tallahassee,the Capital,this the Eighteenth day of January,2012 Stage : 10......, _,...--% , „,-,„,A ,. .... , i' J."C �• . aaYY w --s ; ... ; Tr L `J: . , Authentication ID:000218635270-011812-830666 •:A';`;.fir r,. To authenticate this certificate,visit the following site enter this ID,and then follow the instructions displayed- https:/lef ie.saanbiz.orglcertalith®er.html Packet Page-375- ?i...-.. aHaa.;a.+ti.iit a,sx.a..-:i ,•,.y.,h:. - 2/12/2013 11 .A. , . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION * _ __ , CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET �kb ic` TALLAHASSEE FL 32399-0783 i I HIGGINS, DANIEL NORMAN DOUGLAS N HIGGINS INC 3390 TRAVIS POINTE ROAD SUITE A ANNN ARBOR MI 48108 . zr1 - 9fg -- '3'93►. •7 Congratulations) With this license you become one of the nearly one million `""•1 �, la to. ,;47.r � I Floridians licensed by the Depatt,ttent of Business and Professional Regulation. G F 8A '�T ,a4 6y� .�,, ,, Our professionals and businesses range from architects to yacht brokers,from — `. r :r';� .t- .t? r y�� boxers to barbeque restaurants, and they keep Florida's economy strong. 1" '',t:- -�, =` `•' t t '"'07 r E Every day we work to improve the way we do business in order to serve you bette F r µt .0 iZ"rG" �` r For information about our services,please log onto www.myfloridalicense.com. c: t . , r ,..:4 There you can find more information about our divisions and the regulations th ae '' . xis �r?�I ;.� impact you subscribe to department newsletters and learn more about the •� a .,,,,,,„4.1.4„...i, � ..�� J r "': Departments initiatives. �^• ry, "F` °I Elj" 71 4 rP+}I AC. :-1-.:•!!z,::.-17S,�' Our mission at the Department is:License Efficiently, Regulate Fairly.We is � � constantly strive to serve you better so that you can serve your customers RIED , .- rhVr provxatoar tif�Ch 469 is Thank you for doing business in Florida,and congratulations on your new license! t,AF7a ,2t3L2 `}L10;L: f-o06HZ j • DETACH HERE i - - �' tI > "R+`,, � ` t', :4 S. ak. ,�- �TTE,AF FLDs ,, ` . - P Ws 'r-;7r Wi -u 'J ,..-. c, .:” .-,� 4t ,; r s: 1' . r '""`�,g - it.iv I'61-, g l,w4i- ,. x , ,g ,•147;:c... 1 y :- r'?,;� 1 ti ,l) "t''' s'�sw3c-v;.- { r i DU.SI�tS t : d'�ESzaUN �=�� i�r- , -?r„ 4, f r:, .1� yir <$1;',.;., j C� . .. 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I. 2 -3.1* . 7t?/- D'k ^i1 ,t }}1,;;4 .'.( 1 t + ,V '__ 1 r t 47 t.'T.,k,, -„- "7:i 4 U a `r.is1. f �} .. r••.,=. : NCfRez: ...7 ,_.,-r •_,'h Packet Page-376 �;.. ..... . r ..��r_ �? � � a<. 2/12/2013 11 .A. 4 • .1.11M11., STATE OF FLORIDA ' DEPA.RTME.NT O BUSINESS AND PROFESSIONAL REGULATION 64r4 , • • '.• CONSTRUCTION INDUSTRY LICENSIIIG BOARD (850) 487-1395 54,1 1940 NORTH 40N,ROM STREET TALLAHA.S SEE' FL 32399-0783 • • • • • . • • • • . • SWEET. LIALva S H• • DOUGLAS N HIGGINS INC 335'0 TRAVIS POINTE ROAD STE. A • • A.NN ARBOR MI 48108 . . • • L • •.• •,• C-ongrattriationst VVIth this license you become one of the nearly one Million ••• ; FloridiansfIc.arised by the Department of Si.isIneSs arid PrOfessional,Regulation. . .w.A••'•p'Fo ;;; Carr professiriners and businesses range frorn architects6b yacht btorcei-ss•froni• ko)ters to barbecue reetaurants,and they keep Flor-ida's economy strong.. '.,e11C05 7 4:417.':v•,0•;:.-,-,2.!6•7:A,: -1.9 .? y..9PAs.i. .=..f,.gi:,-ze • - • • • ; •.,;;•. F • Every day we work tb improti,e trlaWay we do businees in or.der to serve you better. , • ..." • . • . For information about our serAces,please log onto wwW.rnyfforidalicente.obin, 9,1t There you can find more information about out divisions.end ate regulations that '-npact you,subscribe to department newsletters.and learn more about the. PP-RT-2-4:':•'LAW; t3,74:1,*- • ' "' apartrnerit's initiathres. • r':•s" -C1• • • , Cur mission at the Department Is:License Efficiently,Regulate Fairly,We : '•. ' • • • " • 414.9 i cor-istantly siriVe to serve'you better so that you can serve your custhrners. ood:f.z. theoyi.signs of: Thank you for doing business fn Florida,.and congratulations on your new Gcensel • -,../e,75 . - . . . • • • • • .• • • . D.ETACli HERE _ • - - • • ,49•91 ..• STATE OF)FLORIDA •••• •• • • • • : • • •I ii • k$itSSIrONA114' ."••••"•"..,14.; 0.1:,74.BIISZNES P . • • I • oto V - - •- ? E0P 1 ,4:'=.•-, 1§1,- •? I - •fi)5317.4,'.;.:...:::f;wL.T.A jj • , _ • " :• . • i9 • .` . 4 V n 7 • • " • I . • •••••;"4-',? -4z-v,47 I :Trqe16.i'77:LIIital'`-b:i'S.iv.,2'-t.o.4)cifr4,4.',..8_2f4; 11'P..Pf --.14-14.8.:--W, - • . • . ' •Expraicfdat a :AU •2O2 ,• • • •-• •....• - 4:z • •:, 4•••,57;4 „ •• • A 1„.-•: /. • •ric:•••••.:- , . - ,,. • ' qc). pliA.:$:-.1g61./Iga,C=T1)1S Tlq-,Q1.;•• 34:9:1311511.1E",k )07.::-.4T .FRKYAO r • , • ANT ARBOR flJ 4 • •. .• , •••••... .• ••. • • , . • - • • rr.J., Z ,F77■Thrt., .-Ii:( *111?,/ • /:( • • - s8 t!. . , j.:34 pi_A yi Packet Page -377- . -. 2/12/2013 11 .A. 1.4 �.....,,,} OP ID:AV 14 2 RL DATE{MMIDO!YYYY} eollik 4.....---- CERTIFICATE OF LIABILITY INSURANCE 12/09/11 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 palicy(les) 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 ' DT 734-741-0044E H iant Group Inc-Ann Arbor PHONE FAX 734-T41-1850 24 Frank Lloyd Wright Dr J4100 roc.miq.Exth INC,Not: Ann Arbor,MD 48108 E-MM. David Harlocit ADDRESS: PRODUCER HlGGI-8 CUSTOMER ID#: _ INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED Douglas N.Higgins,Inc. INSURER A;Continental Insurance Company 035289 3390 Travis Pointe,Suite A INSURER B:Valley Forge Insurance Co 020508 Ann Arbor,MI 48108 INSURER C:Transportation insurance Co 020494 INSURER 0:Greenwich Insurance Company 22322 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. j '.. IN -ADDLSUH po icY EPF POUCYEXP LTR TYPE OF INSURANCE .INES..VNO� POLICY NUMBER IIMMIDDNYYYI IMMIDDIYYYYI UNITS GENERAL LIABILITY EACH OCCURRENCE 5 1,000,00C A X COMMERCIAL GENERAL LIABILn? U1081922047 12/10/11 12/10/12 pREMI SE U R-N cI utdr)ence) $ 200,000 I GLNMS-MADE I X I OCCUR MED ED,'(Any one person) S 15,00C X Includes XCU PERSONAL BADVINJURY 3 1,000,000 X Contractual Liab GENERAL AGGREGATE $ 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n j�F n LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAUro U1061922033 12/10/11 12/10112 (Ea accident) $ 1,000,000 BODILY INJURY(Par person) $ ALL OWNED AUTOS BODILY INJURY(Per an(dent) $ SCHEDULED AUTOS PROPERTY DAMAGE $ I X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ $ I X UMBRELLA LIAB )( OCCUR I EACH OCCURRENCE S 10,000,000 C EXCESS LIAB CLAIMS-MADE U1061922050 12/10/11 12/10/12 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION S 10,000 I s WORKERS COMPENSATION X I TORY LIM7ITS ER AND EMPLOYERS'LIABILITY Y'N 3 ANY PROPRIETORJPARTNERIF.XECUTIVE LC161922018 12/10/11 12/10/12 EL.EACH ACCIDENT s 600,000 OFFICERIME BEREXCLUDED? NIA (Mandatory in NH) EL DISEASE-EA EMPLO 5 600,000 If`_ DESCRIPTION N OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 0 /Professional and PEC0026096 12/10/11 12/10/12 2,000,000 Pollution Liab E 26,900 ded DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Emote apace Ia requIredl Additional Insured for General Liability,as required by written contract- Board of County Commissioners,Collier County. For any and all work performed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION COLCO02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Allielok Collier County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners Naples,Fi. AUTHORIZED REPRESENTATIVE 3301 Naples,s, FL 34412 Trail East %44 — 49. Naples, F!34412 ■ Packet Page-378-188-2009 ACORD CORPORATION. All rights reserved. 2/12/2013 11 .A. Email: nicoleparker@colliergov.net Telephone: (239)252-4270 Administrative Services Dkisicn FAX: (239)252-6549 Purchasing ADDENDUM #1 Memorandum Date: July 11, 2012 From: Nicole Parker To: Interested Bidders Subject Addendum#1 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change(s) for the referenced solicitation: Delete the electrical index and substitute the attached revised electrical index dated. July 11, 2012. if you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Pete Schalt, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. — 1 , ' 1111 )1A (Signature) I Date f 1 • r JNf G (Name of Fi i) / / AddendumTemplate Revised:4115/10 1 Packet Page-379- 2/12/2013 11 .A. Co r e y Email: nicoleparker @colliergov.net Telephone: (239)252-4270 Adrrinistrative Services DiviSion FAX: (239)252-6549 Purt haling ADDENDUM #2 Memorandum Date: July 12, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum#2 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: ' July 11, 2012. Disregard index numbers 26 23 00 and 26 24 13 that are listed on the existing index. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Pete Schaff, Project Manager Ptease ii6A bei^ow and-re rn a copxof tfils Addendum month_your sul;mittak for the above referenice solicitation - _ -$ rti Ht =- rT -lj � -43� I,,T-1 4 c,■� 4� ,� r t .—i ? ,-,.,.“2.1.-= Ik ;tit' k` _. yyJJ l,„. n� ? iTl "ltLtl '1_ ,„r 3,-,' JJ. „. g1 a7 1,_ � ,. jir,(Slgnatur = �� x s :1 ” Oates .,t , _' T-" r._ t I-� i . r2∎CIS*,. a .r — = 1 '- Ei Y# f 5,I 6' I � E i r K (Name of Fl r v:----, _ AddendurnTemplate Revised:4/15/10 1 Packet Page-380- 2/12/2013 11 .A. (1 e" county. Email: nicoleparker©colliergov.net Telephone: (239)252-4270 Administrative Services DMsion FAX: (239)252-6549 Purchasing ADDENDUM #3 Memorandum Date: July 20, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum#3 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change(s)for the referenced solicitation: • Please see the attached Civil Plans dated December 2010 Additional Addendum items in response to 7/19/2012 pre-bid meeting and recent design revisions per Collier County and the engineer of record,Agnoli Barber& Brundage. 1)The duration to Substantial Completion shall be 305 days from the Notice to Proceed Date. Final Completion shall be achieved by 365 days from the Notice to Proceed Date. Liquidated Damages will be assessed if the Contract Work has not achieved Substantial Completion by 305 days after the Notice to Proceed Date. The above durations shall supersede the durations provide in Section 01120 Sequence of Work, Part 1.02 of the project specifications. 2)The owner-supplied pumps were ordered with 50' of motor and pilot cable. 3) For clarification regarding Note 6 on sheet C18 of the Civil plans, "The elbows and associated bypass piping shall be removed" refers to removal of the elbows associated with the temporary bypass system. The proposed deflection of the effluent main and the proposed deflection of the 24" force main(to accommodate the temporary bypass system) shall remain after the bypass system is removed. 4) The County shall provide the estimated flow rates of each inflowing force main in an addendum to bidders. The bidder/successful contractor shall be responsible for calculating the required amount of pumper trucks necessary to accommodate the pipe cut-ins, and as necessary for the duration of construction as need. AddendumTemplate Revised:4/15/10 1 Packet Page-381- _ r 2/12/2013 11 .A. 5) Sheet C14 of the Civil plans has been revised. The note indicating the 'existing concrete saddle supports beneath the check valves shall remain' has been revised to indicate that the contractor shall provide six new concrete supports and shall provide the required structural engineering design signed and sealed by a Florida professional engineer. 6) The proposed biotrickling filter odor control unit shall be ordered without the'Siemens' name and logo. The unit shall be factory painted a color to be determined at the time of shop drawing submittal: 7) Civil Plan sheets 9, 14& 15 have been revised to reflect additional air diffusers and air piping added to the wet well. The diameter of the air piping has changed to Include 3" header pipes with 2" drop pipes. 8) Civil Plan sheet C6 has been revised to relocate the two proposed air release valves on the 20" and 24"force mains from vaults to above ground air release valves. Sheet C13 has been revised to reflect the elimination of detail WW-14(force main air release valve in a vault- paved area). A new detail has been added for remotely located above ground air release valves specifically for the force mains crossing over the proposed box culverts. 9) The contractor shall submit the FDEP NPDES Notice of Intent for stormwater discharge from construction activities, and file the applicable Stormwater Pollution Prevention Plan (SWPPP). The County shall reimburse the contractor for documented permit fees. Proper backup shall be provided to the engineer and the County documenting exact costs for the permit so reimbursement can be made via check. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Pete Schalt, Project Manager .. .rY LYjhf" Ptease sign below and return a copy of this Addend"ur►�with your subm�tfai for the above refiaencec�4 s � � ' - Sri scllicrtation ui �IZI € Fl � E T rFI r FriV7 Ty i+x� 1:xn,F} c_I�_z_ "fi L,._- � r .Si.jiat Tr--+'I=- C Daft I{ llii t+�ty, 7 .'. _ Packet Page-382- , 2/12/2013 11.A. • aill*� Email: nicoleparker @co o rgov.nef Telephone: (239)252 Adrrinisizarive.Services l FAX: (239)252-6549 Purchasing ADDENDUM #4 Memorandum Date: July 23, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum#4 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s)for the referenced solicitation: • Please see the attached Pre Bid Meeting Sign In Sheets If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Pete Schait, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced 1 .Wf) " 'a .solicitation ` (Sig attire 7 1 AddendnmTempiate Revised:4/15/10 1 Packet Page -383- 2/12/2013 11 .A. C10l 1t?' ColointY Email: nicoleparker @colliergov.net Telephone: (239)252-4270 Administrative Services Division FAX: (239)252-6549 Purchasing ADDENDUM #5 Memorandum Date: July 24, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum#5 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change(s)for the referenced solicitation: The Bid Due Date has been revised to: Separate sealed bids for the construction of Master Pump Station 312 Rehabilitation, addressed to - Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 p.m. LOCAL TIME, on the 6th day of August, 2012 30th day of July, 2012, 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. Pumper Truck Requirement: The requirement for the contractor to provide the pumper trucks as indicated in the MPS 312 Rehabilitation bid documents has been revised. The County will provide the required pumper trucks during tie-ins and as needed throughout the project. Collier County will provide a separate Purchase Order to an outside vendor for this task. The contractor shall coordinate and cooperate with the County, and provide the associated labor and equipment as necessary during these operations.Therefore, the bidders are not to include pumper truck costs in their bids. c: Pete Schait, Project Manager Please sign below and'return a copy of thls Addendum with your_suEm�t#or the above referenced �igr�`i sollcaatlofl r _.�. r ;-1 Ir r two v 4ii - 1 ' � ..z-t- 4.{i- t •(SI na'Ore 7 F3 R t . I 48 7 =.F� n i .� w a� rf;,,-, LL �F I Y I� T � �;� r `sA Y,.✓..-m�F f .„.„..,_.„...-_ ____=--: 'j I?S c = .� 1 ,tom* 3r i (Name off)' r- _- E n = `'- 4.=�- s„ AddendumTemplate Revised:4/15110 1 Packet Page-384- 2/12/2013 11 .A. C1 „ Email: nicoleparker @colliergov.net Telephone: (239)252-4270 Administradve Services Division FAX: (239)252-6549 Purchasing ADDENDUM #6 Memorandum Date: July 24, 2012 From: Scott Johnson, for Nicole Parker To: Interested Bidders Subject: Addendum#6 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s)for the referenced solicitation: The Bid Due Date has been revised to: Separate sealed bids for the construction of Master Pump Station 312 Rehabilitation, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 p.m. LOCAL TIME, on the 15th day of August, 2012, 6 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. c: Pete Schalt, Project Manager Please sign below and return a`cop' of this Addendum with your su�rnittal forfhe'aboverefcerencec citation: -.E t"'r1 'pwl d rse to, ° Fci'3,. r1 wv Lk ,�"Y' nods1ye< °j.tn.oF'' IS*Fio�.is` .° SOIL t.3° " i a 413 5X µ L.4a , , `9S 610 x n ii. �K xr gt,r4' - Jpl _ ' , I .m 1 �e 0 n a 7e it S 1 rn k I fain.area r a ry �ia�1". *$ F+i+i �c�9 i � ' .. E c yn kr '�' ff5 �9 """1 � ,p n �. I a E`c pis., 022:04.g s >T ky I r iV M, ' I & 1414) Yt a 2 ae 4 p. ill Y -r n. +b i ,. ti 'r 9f e r �fi -r 1]00V:47 �"h.:1 4aat..a j-• t a?i�r d '.4,- SYIr FrJieu ec rI...'kVBe i 7 'e °.i... a y'p?�,r4 r HLtlkMi7¢C'°r �: (Si•natu r # 1 4'-&jlam l Y �� i m u r i 3i 1 r t 0— d , �Fi 2-,, gV S�? 4 r n ]A 1y aQ ' g Ti I" A '.;r 4 -e � x—a Ms+F4,l s #kt� � �gg� w S M sc��qE�as �Fu ? 741'`;i '1ii6 'ca il; A1i i ill � - - a' s^ , yr (Na..,<me�� ,of Irm) „e:i'• i.,P ....,. _., s F aIIIY n' x i ,r.m 1 ah. ._._r. ie„ 'r. AddendumTemplate Revised:4/1 5/10 1 Packet Page-385- 2/12/2013 11 .A. Cjr ' Comity Email: nicoleparker @coiliergov.net Telephone: (239)252-4270 ktrninisilrailVe Services Division FAX: (239)252-6549 Purchasing ADDENDUM #7 Memorandum Date: August 8, 2012 From: Nicole Parker To: interested Bidders Subject: Addendum#7 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: 1. Spec Section 268500; 2.4A; delete the phrase: The central station SCADA software will utilize the fiber information until an error or fault accrues in the fiber •ath and onl then revert to the utilization of radio •ath information. 2. Please see the attached LAS1P Geotechnical Design Memorandum c: Pete Schatt, Project Manager Please,sign below and:return a copy.,of this.Addendumwith your submittal for the abo∎ie referenced • ji solicitation (Si.na re) Date (Name of {: - = AddendumTemplate Revised:4/15/10 1 Packet Page-386- 2/12/2013 11 .A. County 0 Email: nicoleparker @colliergov.net Telephone: (239)252-4270 AdrinistraM Setviozz Division FAX: (239)252-6549 Putzhasirag ADDENDUM #8 Memorandum - Date: August 9, 2012 - From: Nicole Parker To: Interested Bidders Subject: Addendum #8 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Please see the attached two revised sheets of Structural Engineering plans associated with the aerial force main crossing. Revisions include reinforced anchorage in pile caps and piles, along with larger anchor bolts. Minimum pile lengths increased to allow for pile tendons to extend into pile caps. c: Pete Schalt, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. .1-1 (1. ( f (Signature): - - .Date D ��s f ;/i i` I i''1S u11 C (Name:of Firbh). ,..: _ Addendum Template Revised:4/15/10 1 Packet Page-387- 2/12/2013 11 .A. QEmail: nicoleparker @colliergov.net Telephone: (239)252-4270 i FAX: (239)252-6549 Purchasing ADDENDUM #9 Memorandum Date: August 10, 2012 From: Nicole Parker To: Interested Bidders Subject: Addendum#9 Solicitation#12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Reference: Bid Item 2 -Temporary bypass system - pumps, pipes, line-stops, soolilk shutdowns, cut-ins, pumper trucks, fuel, electricity This item will be paid for on a time and material basis not to exceed the amount bid by the contractor. Collier County Wastewater Collections Department will work with the contractor to selectively divert wastewater flows away from MPS 312. Initial, interim and final bypass schemes will be presented by the contractor for review and acceptance by Wastewater Collections and PUPPMD staff upon discussion of wastewater flow diversion scenarios available with the contractor. The contractor may need to modify the bypass system throughout the progress of the project. Collier County will only pay for the time and materials used for this task when expressly authorized and approved by the Project Manager. c: Pete Schalt, Project Manager Please sign below andreturn a copy of this'Addendum with your submittal for`'the above referenced solicitation. _- -- , , , , ,_..--.• , -, , ,--. ,. I, , — - g 4,2_ (Signature ;. Date-J. (Name of Fi ) ;( AddendumTemplate Revised'4/15/10 1 Packet Page-388- 2/12/2013 11 .A. Co se ' 0 Email: nicoleparker @colliergov.net Telephone: (239)252-4270 fitis>rsliue Srie FAX: (239)252-6549 ing ADDENDUM #10 Memorandum Ii Date: August 14, 2012 From: Nicole Parker To: Interested Bidders Subject: As do # Solicitation endm#12 10-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The Bid Due Date has been revised to: Separate sealed bids for the construction of Master Pump Station 312 Rehabilitation, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 p.m. LOCAL TIME, on the 21st day of August, 2012 'x* day of my 2012, 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. c: Pete Schait, Project Manager Pease sign below and return a copy of this Addendum with your submittal for the above referenced r ; a ri i> sohcrtat�on ^*hh w a x s t U:• �.`' r.,N�,3 ..0 4 �, '„-4 4 _ 1 �yxr.+ r tr ,a . ' ,,.•' "r il•r:gna ,. ti. r s". .'' - :a•ilite ,� If k, tes `, �. - (Signat e}- 1 a +Y .. w . e '4..17,411,44,4;,x - -" g ?!'.- . F.ia , '� y Y k3-. t3'l.l ; Cf 1 ®'. 1 G (Name of Fi r . . ._ AddendumTemplate Revised:4115110 1 Packet Page-389- 2/12/2013 11 .A. Co arfts J er Coulity Email: nicoleparker @colliergov.net Telephone: (239)252-4270 Adminisbefive Services Dividon FAX: (239)252-6549 Purchasing ADDENDUM #11 Memorandum Date: August 15, 2012 From: Nicole Parker To: interested Bidders Subject: Addendum#11 Solicitation #12-5931 Master Pump Station 312 Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The purpose of this addendum is to provide clarification to language provided in previous addenda, and to combine the ten addenda into a single addendum for convenience. Note, this excludes items from addenda#4&#6 which provided the pre-bid meeting sign in sheet and changed the bid due date. The current bid due date as referenced in Addendum #10 is ovilk 3:00 p.m. LOCAL TIME, on the 21st day of August, 2012. Please see the prior addenda for the referenced attachments such as revised plans, geotechnical reports, etc. The online bidder questions and provided answers are included at the end of this addendum for consolidation purposes. Clarification Notes: 1. To clarify and supersede the language posted in Addendums 5 and 9 regarding the use of pumper trucks during the project rehabilitation: The bidder/contractor is responsible for providing all necessary pumper trucks at the Master Pump Station (MPS) 312 site as needed throughout the duration of the project during all phases of construction including construction of cut-ins, tie-ins, during the installation and operation of the temporary bypass system, and during the shutdowns of the upstream stations, etc. The County shall be responsible for providing the required pumper trucks at the upstream pump stations during the shutdown of the upstream pump stations while the contractor constructs the utility work associated with cut-ins, tie-ins, and other construction as necessary to accommodate the proposed temporary bypass pumping system, and per the final design configuration at the MPS 312 site as referenced in the associated rehabilitation plans and specifications. Note: The contractor does not need to provide pumper trucks at the upstream stations during the shutdown of the upstream stations, but must provide all required pumper trucks at the MPS 312 site as necessary throughout construction to prevent sewage overflows and spills. AddendumTemplate Revised:4/15/10 1 Packet Page-390- 2/12/2013 11 .A. 2. To clarify the language posted in Addendums 3 and questions regarding the flow rates of the existing inflowing force mains to MPS 312, the following flow rates are provided as estimates based on an internal force main velocity ranging from 5 ft/sec to 7 ft/sec. The values below are not guaranteed and are an estimate only based on the best information available to the engineer. o Estimated flow rate 24" FM: 7,000 gpm to 9,900 gpm. o Estimated flow rate 20" FM: 4,900 gpm to 6,900 gpm. o Estimated flow rate 8" FM: 785 gpm to 1,100 gpm. o Estimated flow rate 4" FM: 200 gpm to 280 gpm. Note: The contractor shall be responsible for capturing, accommodating, and bypassing all inflows associated with the station rehabilitation independent of the values provided above. From Addendum#1 Delete the electrical index and substitute the attached revised electrical index dated July 11, 2012. From Addendum#2 July 11, 2012. Disregard index numbers 26 23 00 and 26 24 13 that are listed on the existing index. From Addendum #3 Please see the attached Civil Plans dated December 2010 Additional Addendum items in response to 7/19/2012 pre-bid meeting and recent design revisions per Collier County and the engineer of record, Agnoli Barber& Brundage. 1)The duration to Substantial Completion shall be 305 days from the Notice to Proceed Date. Final Completion shall be achieved by 365 days from the Notice to Proceed Date. Liquidated Damages will be assessed if the Contract Work has not achieved Substantial Completion by 305 days after the Notice to Proceed Date. The above durations shall supersede the durations provide in Section 01120 Sequence of Work, Part 1.02 of the project specifications. 2)The owner-supplied pumps were ordered with 50' of motor and pilot cable. 3) For clarification regarding Note 6 on sheet C18 of the Civil plans, "The elbows and associated bypass piping shall be removed" refers to removal of the elbows associated with the temporary bypass system. The proposed deflection of the effluent main and the proposed deflection of the 24" force main (to accommodate the temporary bypass system) shall remain after the bypass system is removed. 4)The County shall provide the estimated flow rates of each inflowing force main in an addendum to bidders. The bidder/successful contractor shall be responsible for calculating the required amount of pumper trucks necessary to accommodate the pipe cut-ins, and as necessary for the duration of construction as need. Packet Page-391- 2/12/2013 11 .A. 5) Sheet C14 of the Civil plans has been revised. The note indicating the `existing concrete saddle supports beneath the check valves shall remain' has been revised to indicate that the contractor shall provide six new concrete supports and shall provide the required structural engineering design signed and sealed by a Florida professional engineer. 6) The proposed biotrickling filter odor control unit shall be ordered without the 'Siemens' name and logo. The unit shall be factory painted a color to be determined at the time of shop drawing submittal. 7) Civil Plan sheets 9, 14 & 15 have been revised to reflect additional air diffusers and air piping added to the wet well. The diameter of the air piping has changed to include 3" header pipes with 2" drop pipes. 8) Civil Plan sheet C6 has been revised to relocate the two proposed air release valves on the 20" and 24" force mains from vaults to above ground air release valves. Sheet C13 has been revised to reflect the elimination of detail WW-14 (force main air release valve in a vault—paved area). A new detail has been added for remotely located above ground air release valves specifically for the force mains crossing over the proposed box culverts. 9) The contractor shall submit the FDEP NPDES Notice of Intent for storm water discharge from construction activities, and file the applicable Storm water Pollution Prevention Plan (SWPPP). The County shall reimburse the contractor for documented permit fees. Proper backup shall be provided to the engineer and the County documenting exact costs for the permit so reimbursement can be made via check. From Addendum #5 Pumper Truck Requirement: The requirement for the contractor to provide the pumper trucks as indicated in the MPS 312 Rehabilitation bid documents has been revised. The County will provide the required pumper trucks during tie-ins and as needed throughout the project. Collier County will provide a separate Purchase Order to an outside vendor for this task. The contractor shall coordinate and cooperate with the County, and provide the associated labor and equipment as necessary during these operations. Therefore, the bidders are not to include pumper truck costs in their bids. NOTE: The above language for addendum#5 has been superseded by clarification note#1 above at the beginning of addendum#11,which indicates the circumstances under which the County and the contractor shall provide the pumper trucks. From Addendum #7 1. Spec Section 268500; 2.4A; delete the phrase: The central station SCADA software will utilize the fiber information until an error or fault accrues in the fiber •ath and onl then revert to the utilization of radio .ath information. 2. Please see the attached LASIP Geotechnical Design Memorandum Packet Page-392- 2/12/2013 11 .A. From Addendum #8 Please see the attached two revised sheets of Structural Engineering plans associated with the aerial force main crossing. Revisions include reinforced anchorage in pile caps and piles, along with larger anchor bolts. Minimum pile lengths increased to allow for pile tendons to extend into pile caps. From Addendum #9 Reference: Bid Item 2-Temporary bypass system - pumps, pipes, line-stops, shutdowns, cut-ins, pumper trucks, fuel, electricity This item will be paid for on a time and material basis not to exceed the amount bid by the contractor. Collier County Wastewater Collections Department will work with the contractor to selectively divert wastewater flows away from MPS 312. Initial, interim and final bypass schemes will be presented by the contractor for review and acceptance by Wastewater Collections and PUPPMD staff upon discussion of wastewater flow diversion scenarios available with the contractor. The contractor may need to modify the bypass system throughout the progress of the project. Collier County will only pay for the time and materials used for this task when expressly authorized and approved by the Project Manager. NOTE: See clarification note#1 above at the beginning of addendum#11 regarding pumper truck requirements. c: Pete Schalt, Project Manager Please sign below and return a copy of this Addendum with,your submittal forge above <, #-` 7t nce ; refered solicitation x y 1 g �``� �,w;•_ .� ns',w _.... ,,,,arrattt'�� s� _ Yr x ' (Sig fur. s Dates 'W x ° (Name of •irm) . .° . Packet Page-393- 2/12/2013 11 .A. niFyr. kr.A, • ` I Company ID Number: 364882 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions,contact E-Verify at 888-4644218. mployer Douglas N.Higgins,Inc. Suzanne Hawker Name(Please Type or Print) Title Electronically Signed 10/15/2010 Signature Date Department of Homeland Security—Verification Division I � USCIS Verification Division Name(Please Type or Print) Title Electronically Signed 10/15/2010 Signature Date � I Information Required for the E-Verify Program Information relating to your Company: Company Name: ouglas N.Higgins,Inc. Company Facility Address: 390 Travis Pointe Rd. Ste.A - I Ann Arbor,MI 48108 Company Alternate Address: County or Parish: WASHTENAW Employer Identification • Number. 1381807755 ,400441, Page 12 of 13 E-Verify MOU for Employer J Revision Date 09/01/09 WWW.dhs.gov/E-Verify Packet Page -394- 2/12/2013 11.A. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of 3390 Travis Pointe Rd, Suite A Ann Arbor, MI. 48108, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Master Pump Station 312 Rehabilitation, Bid No. 12-5931 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Agnoli Barber & Brundage, Inc., 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: Five Million Nine Hundred Sixty One Dollars (5,961,000.00). 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 29 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-395- 2/12/2013 11 .A. underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.00v/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 Three Hundred Five (305) 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 Sixty (60) 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, One Thousand Six Hundred Thirty Two ($1,632.00) for each calendar day thereafter until Substantial 30 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-396- 2/12/2013 11 .A. 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. 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 31 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -397- 2/12/2013 11 .A. 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. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form 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: Specifications prepared by Agnoli Barber & Brundage, Inc. and identified as follows: Pages 1 through 2518 dated June 2012. Plans prepared by Agnoli Barber & Brundage, Inc. and identified as follows: as shown on Plan Sheets 1 through 81 dated June 2012. Exhibit N: Contractor's List of Key Personnel ITB #12-5931 Solicitation for Master Pump Station 312 Rehabilitation 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: 32 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-398- 2/12/2013 11 .A. Collier County Public Utilities Department 3339 Tamiami Trail East, Suite 303 Naples, FL. 34112 Attention: Pete Schalt, Project Manager Phone: 239-252-5343 Fax: 239-252-5378 Email: peteschalt(a 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: Douglas N. Higgins, Inc. 4485 Enterprise Avenue Naples, FL. 34104 Attn: Douglas Higgins, President Phone: 239-774-3130 Fax: 239-774-4266 Email: brandv(c 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: "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. 33 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-399- 2/12/2013 11 .A. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shaft 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 oft 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. 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. 34 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -400- 2/12/2013 11 .A. 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, 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. 35 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -401- 2/12/2013 11.A. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: DOUGLAS N. HIGGINS, INC. By: FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER:. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Fred W. Coyle, Chairman Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney 36 Constrution Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-402- 2/12/2013 11 .A. EXHIBIT A 1: PUBLIC PAYMENT BOND Master Pump Station 312 Rehabilitation Bond No. Contract No. 12-5931 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee 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 2012, with Obligee for 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 day of 2012, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 37 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-403- 2/12/2013 11 .A. 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 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.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 38 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-404- 2/12/2013 11 .A. OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2012, 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 39 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-405- 2/12/2013 11 .A. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Master Pump Station 312 Rehabilitation 'P'"' Bond No. Contract No. 12-5931 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee 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 2012, with Obligee for 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: Anik 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. 40 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -406- 2/12/2013 11 .A. 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 day of , 2012, 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 , 2012, 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 41 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-407- 2/12/2013 11 .A. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2012, by , as of , a 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 42 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-408- 2/12/2013 11.A. 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. 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. 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. Coverage 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 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 coverage(s) and charge the Vendor for such coverages 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 coverages purchased or the insurance 43 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -409- 2/12/2013 11 .A. company or companies used. The decision of the County to purchase such insurance coveragels,1 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. 44 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-410- 2/12/2013 11 .A. Collier County Florida Insurance and Bonding Requirements ;,insurance I Bond„Type Required L>imiits M. :. . . . a .". . sir,,. ._..� 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation 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 current $2,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form 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. ®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 45 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-411- 2/12/2013 11.A. ❑ 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-u 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. 11. ® Thirty (30) Days Cancellation Notice required. 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 Number 46 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -412- 2/12/2013 11 .A. 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 , 2012 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 , 2012, 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.: 47 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-413- 2/12/2013 11 .A. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (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 Price: $ 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 Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. 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) 48 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-414- 2/12/2013 11 .A. e, c ct O t fa W ° (1)N < w E a F z S t = m a1 ~ W N = Et IX N N_ IIIIIllhIIllhIIIOhIIIII t0 L 11111111 .y � n dE �°i r c U N III o # U c 7 0 °. 'd O C 8 Ocn E cc I m L N N -c m I d Q• 0 al IIIIIIIIIIIIIIIIII IIIII!IIII1IIIIIIIIIIIIIOIII i.0'.c lL a � III za Q ,r-s}.o om H III! ZIIIII1IIIIIIIIlIlIIIIIIJ a c 1J m O ¢ m-O 1-1 E"o ... L J W O Ill a il c°'' c° 111111111111111111111 0 o,aa 0 D l m' .=m W W ` z 3 a Packet Page -415- 2/12/2013 11 .A. C to co CG AMMO O N To V W y 2 RI C <4 M ■ _ "C _p 11 d *L 0 0 a d aa) y ff! E U c t m F- m _ f0 4• 1 0 U .� ;a `o N to L ` a N _ 0 .c c.) a) •� m 'a, a w y cQ >, ` y d d 3 > ns Q C To. 2 DI 0 - ✓ w • E > z L Q a N � o a) I a. . 7 c m o U CI 0 x W d re Packet Page -416- 2/12/2013 11 .A. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: 51 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-417- 2/12/2013 11 .A. Director oak (For use by Owner: Fund Cost Center: Object Code: Project Number: 52 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -418- . 2/12/2013 11 .A. 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. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 53 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-419- 2/12/2013 11 .A. 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 , 2012 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2012 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2012 OWNER By: Type Name and Title 54 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-420- 2/12/2013 11 .A. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2012 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name &Title) By Design 55 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -421- 2/12/2013 11.A. Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 56 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-422- 2/12/2013 11.A. 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; 57 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-423- 2/12/2013 11 .A. availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the 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. 58 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -424- 2/12/2013 11 .A. 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 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 5:30 p.m., Monday through Friday. 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. 59 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-425- 2/12/2013 11 .A. 4.3 Contractor shall submit all Applications for Payment to Steve Martin, PE., Agnoli, orsak Barber & Brundage, Inc., located at 7400 Tamiami Trail North, Naples, FL. 34108. 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. 4.5 Contractor shall submit six (6) 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. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 60 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-426- 2/12/2013 11 .A. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and 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. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. 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 61 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-427- 2/12/2013 11 .A. issued and Owner may withhold any payments otherwise due Contractor under this Am Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 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 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 I, Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of 62 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -428- 2/12/2013 11 .A. 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 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 63 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -429- 2/12/2013 11 .A. 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, 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; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 54 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-430- 2/12/2013 11 .A. 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. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 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. 65 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -431- 2/12/2013 11 .A. 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. 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 66 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-432- 2/12/2013 11 .A. 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. 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 67 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-433- 2/12/2013 11 .A. Contractor arising out of or relating to the Contract Documents. The responsibility to idowitt 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 68 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-434- 2/12/2013 11.A. work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 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 69 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-435- 2/12/2013 11 .A. extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 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 Bidder/Vendor 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. 70 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-436- 2/12/2013 11 .A. 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. 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. 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. 71 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-437- 2/12/2013 11 .A. 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 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. 72 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -438- 2/12/2013 11 .A. 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 therefor 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, 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 73 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-439- 2/12/2013 11 .A. procedures set forth in the Contract Documents. In no event shall the Contractor be ilato 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 therefor. 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. 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 issue a final Certificate for 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. 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 74 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-440- 2/12/2013 11 .A. 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 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, 75 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -441- 2/12/2013 11.A. 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 direct, indirect and consequential costs of such uncovering, 76 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page -442- 2/12/2013 11 .A. 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 77 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-443- 2/12/2013 11 .A. 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 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. 78 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-444- 2/12/2013 11 .A. 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. 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 79 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-445- 2/12/2013 11 .A. 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 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; 80 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-446- 2/12/2013 11 .A. 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; 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. 81 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-447- 2/12/2013 11 .A. 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. 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 82 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-448- 2/12/2013 11 .A. 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 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 87-25, 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 83 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-449- 2/12/2013 11 .A. 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: 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. a4 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-450- 2/12/2013 11 .A. 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 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 85 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-451- 2/12/2013 11 .A. 34.1.25 Daily Progress Reports Amok 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 exclusive 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 NE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 86 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-452- 2/12/2013 11 .A. limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 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 87 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-453- 2/12/2013 11 .A. 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 exclusive jurisdiction on all such matters. 88 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-454- 2/12/2013 11 .A. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ III 89 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-455- 2/12/2013 11 .A. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ 90 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-456- 2/12/2013 11 .A. EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ 91 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-457- 2/12/2013 11 .A. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ 92 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-458- 2/12/2013 11 .A. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ 93 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-459- 2/12/2013 11.A. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Brandy Bartolone Construction Superintendent 94 Construction Services Agreement for#12-5931 MPS 312 Rehabilitation Packet Page-460-