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Agenda 07/09/2013 Item #16C5 7/9/2013 16.C.5. EXECUTIVE SUMMARY Recommendation to approve separate Work Orders to Douglas N. Higgins, Inc., under the Fixed- Term Underground Utilities Contract 08-5011, in the total amount of$500,039 for the replacement of air release valves under Project Number 70044,Force Main Technical Support, and to authorize the necessary budget amendment. OBJECTIVE: Reduce the risk of sanitary sewer overflows, stay in regulatory compliance with the Florida Department of Environmental Protection, and enhance the performance of the county's wastewater collections system by replacing old, deteriorated air release valves (ARVs) and raising them above ground on secure pedestals. 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 requirement for rehabilitating force mains. The proposed scope of work for Project 70044, "Force Main Technical Support," is consistent with the 2010 Wastewater CIP Update, page 2 of 4, line 52, as identified in the 2011 User Fee Rate Study. Almost all of the county's wastewater ARVs are buried in vaults below grade rendering them difficult to service and maintain. This creates an inherently high-risk environment where isolation valves cannot be reached, there is exposure to internal and external corrosion, and sewage releases may occur. To address these concerns, staff completed a pilot project in January 2012 in the Naples Heritage community (south of Davis Boulevard, west of Collier Boulevard) to replace 24 below grade wastewater ARVs with 18 above grade ARVs. The successes of the pilot project led to a pending Utilities Standard for placing ARVs above grade. This results in a safer working environment and a more reliable wastewater conveyance system. Request for Quotation number 08-5011-96 for three project areas was posted on May 31, 2013, and distributed via email to all vendors holding contracts under the Fixed-Term Underground Utilities Contract 08-5011. Of the five vendors notified, four submitted quotations by the June 10, 2013 deadline. (Attachment 1). Please note these three projects were solicited separately with the intent to award to multiple contractors. The quotations for the three project areas that exceeded the $200,000 purchase order threshold are summarized in the table below. Quality Project Mitchell and Area DN Higgins Enterprises Stark Haskins Inc. USA 1 $208,311 $285,185 $487,000 $268,450 2 $206,367 $313,365.17 $542,000 $291,650 3 $85,361 $108,535 $148,000 $136,700 The quote specifications informed the bidders there may be unforeseen conditions associated with the project. The two bids incorporate an allowance ($40,000 for Areas 1 and 2, and $24,000 for Area 3) for unforeseen conditions including but not limited to additional underground piping, support equipment, personnel time and/or replacement materials as determined by staff that may be required during construction. The price for any additional work shall be negotiated prior to commencement in accordance with the County's Purchasing Policy. Packet Page-732- 7/9/2013 16.C.5. Staff determined the lowest, responsive quotes to be fair and reasonable and recommends awarding all three of the projects to Douglas N. Higgins, Inc., as shown below. Engineer's Cost Project Area Contractor Estimate Quote Amount 1 Douglas N. Higgins, Inc. $538,000 $208,311 2 Douglas N. Higgins, Inc. $538,000 $206,367 3 Douglas N. Higgins, Inc. $316,000 $85,361 Total $1,392,000 $500,039 The quotations for the above three project areas total $500,039.00, or 64.1 percent less than the combined engineer's cost estimates. (Attachment 2) The project design engineer, AECOM, in a letter dated June 10, 2013, recommends awarding all three of the project work orders to Douglas N. Higgins, Inc. (Attachment 3). This contractor has satisfactory performance and warranty records on previous similar wastewater utility-related projects. All three work orders are included as Attachment 4. FISCAL IMPACT: Funding is available in, and is consistent with, the FY13 Capital Budget approved by the Board on September 20, 2012. The source of funding is the Wastewater User Fee Fund (414). A budget amendment is required in the amount of$1,060,039, provide funding for the three work orders ($500,039) and for materials purchased separately ($560,000). The budget amendment will transfer budget from North County Water Reclamation Facility CAP Big 30.6 Project 73950 to the Force main Transmission Systems Tech Support Project 70044 in the Wastewater(User Fee) Capital fund 414. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, • award work order under Contract 08-5011, Area 1, to Douglas N. Higgins, Inc., in the amount of$208,311; • award work order under Contract 08-5011, Area 2, to Douglas N. Higgins, Inc., in the amount of$206,367; • award work order under Contract 08-5011, Area 3, to Douglas N. Higgins, Inc., in the amount of$85,361; • authorize the Chairwoman to sign and execute the attached work orders after final review and approval by the County Attorney's Office • authorize the necessary budget amendment. Prepared By: Corinne Trtan, Project Manager,PUPPMD Attachments: 1)Bid Tabulation 2)Bid Analysis 3)Engineer's Letter of Recommendation 4) Work Orders 5)Contract Agreement Packet Page-733- 7/9/2013 16.C.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.5. Item Summary: Recommendation to approve separate Work Orders to Douglas N. Higgins, Inc., under the Fixed-Term Underground Utilities Contract 08-5011, in the total amount of$500,039 for the replacement of air release valves under Project Number 70044, Force Main Technical Support, and to authorize the necessary budget amendment. Meeting Date: 7/9/2013 Prepared By Name: TrtanCorinne Title: VALUE MISSING 5/31/2013 2:47:21 PM Submitted by Title:VALUE MISSING Name: TrtanCorinne 5/31/2013 2:47:23 PM Approved By Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 6/6/2013 3:00:01 PM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineeri Date: 6/12/2013 9:26:43 AM Name: ChmelikTom Title: Director,Public Utilities Engineering Date: 6/12/2013 10:43:05 AM Name: JacobsSusan Title: Operations Analyst,Public Utilities Date: 6/12/2013 2:21:30 PM Packet Page-734- 7/9/2013 16.C.5. Name: Joseph Bellone Title: Manager-Utility Billing&Cust Serv.,Utilities F Date: 6/12/2013 5:33:22 PM Name: JohnssenBeth Date: 6/12/2013 5:57:18 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 6/20/2013 7:10:42 AM Name: Evelyn Colon Title: Purchasing-Procurement Specialist Date: 6/20/2013 10:54:58 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 6/21/2013 9:51:17 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 6/21/2013 2:37:15 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 6/24/2013 2:08:45 PM Name: KlatzkowJeff Title: County Attorney Date: 6/24/2013 3:36:05 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/27/2013 10:34:20 AM Name: KlatzkowJeff Title: County Attorney Date: 6/28/2013 8:27:19 AM Name: OchsLeo Title: County Manager Date: 6/30/2013 3:27:41 PM Packet Page-735- 0 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 a) O 0 0 O O O 0 CO C 0 0 0 0 0 0 0 CO ° X a m 0) 0 v (0 W a5 U W u> E9 -4. °� a 0 0 00 00 0 0 0 r 'c - ? 00 0 - O 00 0 0 0 0 o r) 0 d ri ai r ` 'fl o a ea 0) 0) to o 0 0 0 0 O o 0 0 0 0 0 0 0 co c co m rn 0n 00 00 w f• 0.) 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I I c i O. 1 I l I ' 1 I 0) i I I C I I i • I U ■ > 1 c CC i I ; I I I _� Q ! 1 1 s I 1 1 O 1 j I } l H I I 1 ( I I 1 I i 1 1 I r 3 I I j j I j I j 1 I i Y I I i "a I ■ LL, •- CO 1 m 1 c w I � I i I ( t 1 O O O O O O O O O O O O O O O O O O O O O l�0 oN W U3 NO r-I a-1 r-1 t/} 1.4 th i/1 t/1 t1} tn. 1 '9'0'91- £J0Z/6/L 7/9/2013 16.C.5. /� M am /►`CO AECOM 407-843-6552 tel /"l 150 N.Orange Ave.,Suite 200 407-839-1789 fax Orlando,FL 32801 www.aecom.com June 10,2013 Mrs. Corinne Than Collier County Public Utilities 3339 Tamiami Trail East, Suite 303 Naples,Florida 34112-5361 Re: Air Release Valve(ARV)Replacement Program—Phase II(Areas 1,2,and 3) Collier County RFQ#08-5011-96 Letter of Recommendation to Award Contract Dear Mrs. Trtan: Pursuant to your request, AECOM Technical Services, Inc. (AECOM) is pleased to write you this Letter of Recommendation for Award on the above referenced project. We have reviewed the quotes received for the three (3) bid packages on June 10, 2013 from the Annual Underground Contractors. A follow-up conversation and email with the County and the low-bid contractor (Douglas N.Higgins, Inc. for all three bids)indicates that bids are in concurrence with their quotes. Douglas N. Higgins, Inc. has submitted all of the required documents with their bids and are all deemed responsive. Douglas N. Higgins, Inc.has an annual contract for underground utilities and a successful work history for Collier County Public Utilities. Based on the above, AECOM considers Douglas N.Higgins,Inc. to be qualified to perform the work. Based on the information provided to the County with the bid, and evaluation of the bids, AECOM recommends the award of the various areas as listed below by area: • Project#1 (Phase II,Area 1)to Douglas N. Higgins,Inc. in the amount of$208,311. • Project#2 (Phase II,Area 2)to Douglas N. Higgins,Inc. in the amount of$206,367. • Project#3 (Phase II, Area 3)to Douglas N. Higgins,Inc. in the amount of$85,361. The engineer's estimate for the above projects were as follows: • Project#1 (Phase II,Area 1)in the amount of$538,000. • Project#2 (Phase II,Area 2) in the amount of$538,000. • Project#3 (Phase 11, Area 3)in the amount of$316,000. The bid amount for each area is lower than the engineer's estimates,and is therefore deemed acceptable. We appreciate the opportunity to assist the County on this important project. If you have any questions, or if you require any additional information please contact me. Very truly yours, AECOM Technical Services,Inc. Natalie A. Urick, P.E. Project Engineer Packet Page ARV Replacement Phase 2,Recommenc -740- Page 1 WORK ORDER 7/9/2013 16.C.5. Agreement for Fixed Term Underground Utilities Contract#08-5011 Contract Date: March 11, 2008 Fixed Term Contract Expires March 10, 2014 (RFQ#08-5011-96) BCC approval Date: July 9, 2013 Item#8695 This Work Order is for Underground Utility Construction services for work known as: Project Name: Project Area#1 -Force Main Technical Support-ARV Replacement Project No: 70044.2.3.1 The work is specified in the Proposal Page, dated June 10, 2013, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above and Request for Quotation#08-5011-96 dated May 31, 2013, attached hereto a part of this Work Order is assigned to: Douglas N. Higgins,Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I A. Demolish existing Air Release Valves and Vaults B. Demolish existing Air Release Valves and Vaults and install a new ARV in enclosure in same location C. Install New ARV in Enclosure D. Furnish and Install Pipe Bollards E. Pumper Trucks * Task II Owner Directed Allowance: to cover unanticipated costs including but not limited to relocating ARV, unallocated utilities, fill material,customize connection and additional offsets Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Agreement #08-5011, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum; ULump Sum Plus Reimbursable Costs; Time & Material (non-guaranteed, owner directed work); nCost Plus Fixed Fee, as provided in the attached proposal. Task I $168,311.00 (Lump Sum) Task II $ 40,000,00 (Time &Material) TOTAL COST FOR TASKS I& II $208,311.00 6. x4V/3 PREPARED BY: Corinne Trtan, PUPPMD Project Manager Date �"��''`- �114/ APPROVED BY: - -- P (3 Craig P.d. P.E., UPPMD Principal Project Manager Date APPROVED BY: # t ht, `3 Tn Chmelik, P.E., PUPPMD Director Date Packet Page -741- CA 7/9/2013 16.C.5. RFQ#08-5011-96 Page 2 APPROVED r.--` �` n G i 7/-0 � W W Department ate Beth'Johnssen,I• em Director, p kt'\\1 APPROVED BY: �/t /2-na George Yilmaz,Public Utilities Division Administrator Date APPROVED BY: �. � . i�ktit3 (�°%'�f �/ Evelyn Colo ,Procurement Specialist,Purchasing Date ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk Collier County,Florida By: By: Deputy Clerk Georgia A. Hiller,Esq., Chairwoman Douglas N. Higgins, I c. By: 0A. N) )4 t} : VIP (Print Name/Title) ATTEST: By: ✓ G �r'trX-- rLGt � Approved as to form and legality R. SLt?-t1.6 5Ec.�'7/�'G_iJS. (Print Name/Title) Assistant County Attorney Packet Page -742- CA 7/9/2013 16.C.5. COLLIER COUNTY PUBLIC UTILITIES DIVISION ARV REPLACEMENT PROGRAM PHASE II Bid Package—Area 1 Collier County Project Number 70044.2.3 BID SCHEDULE ITEM PRICE ITEM DESCRIPTION UNITS QUANTITY NO. Per-Unit Extended DEMOLISH existing Air Release EA 14 $ 2,302.00 $ 32,228.00 Valves and Vaults 2 REPLACE- Demolish existing Air Release Valves and Vaults EA 29 $ 2,308.00 $ 66,932.00 n maw AR\!in 3 NEW-Install New ARV in EA 13 $ 2,337.00 $ 30,381.00 Enclosure 4 Furnish and Install Pipe EA 10 $ 437.00 $ 4,370.00 Bollards 5 Pumper Truck(s) HR 100 $ 344.00 $ 34,400.00 *Owner Directed Allowance to cover unanticipated costs including but not limited to 6 relocating ARV, unlocated TM 1 $40,000 $40,000 utilities,fill material,customize connection and additional nffsPtc TOTAL BID(FIGURES)= $ 208,311.00 *Note: Owner reserves these funds for owner-directed work. There is no guarantee that the contractor will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: conditions of the underground piping, installation of new ARV piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs,unforeseen conditions involving the proposed ARV demolition and sidewalk repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Packet Page-743- eA 7/9/2013 16.C.5. t i . ... co er County Administrative Services Division Purchasing REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities" Date: May 31, 2013 From: Evelyn Colon, Contract Specialist 239-252-2667, Telephone Number 239-252-6549, Fax Number Evelyncolon(a�colliergov.net To: Prospective Vendors Subject: RFQ #08-5011 Air Release Valve Replacement Program Phase II As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. Your response must be received in the Purchasing Department, 3327 E. Tamiami Trail Naples, Florida 34112 or via email to Evelvncolon(a�colliergov.net no later than the dates specified below. Any response received after that time shall not be considered. Due Dates for Individual ARV Projects: PROJECT AREA#1 June 7, 2013 at 2:30 pm. PROJECT AREA#2 June 7, 2013 at 2:30 pm. PROJECT AREA#3 June 7, 2013 at 2:30 pm. All quotations for individual projects shall be in accordance with the terms, conditions, and specifications stated herein and in accordance with the terms and conditions of Contract #08-5011 of which your firm was an awardee. NO OTHER FIRMS ARE ELIGIBLE TO SUBMIT OR RECEIVE AN AWARD FOR THIS PROJECT. If you have any questions regarding the specifications or intended scope of work, you must make those inquiries no later than two(2) business days before the due date. For general questions, you may contact the Purchasing staff member noted above. Your quotation response for individual projects is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. No late quotation responses will be accepted. We look forward to your participation in this request for information/quotation process. cc: Corinne Trtan, Project Manager RFQ_Co ntractDriven_Revised September2009 1 Packet Page -744- 0 7/9/2013 16.C.5. I. General Information Each bid package generally consists of demolition of existing wastewater Air Release Valves (ARVs) and a portion of the existing concrete valve vaults, installation of new service saddles, plug for service saddle, magnetic locator ball and compacted fill material; installation of new ARVs in above-ground enclosures; and coordination of all work with the appropriate Home Owner's Association, and the County (Utility Division, Right of Way, and Landscaping). The proposed projects will be quoted and awarded to the contractor with the lowest cost. Each project will be awarded separately. A non-mandatory pre-bid meeting is scheduled for Monday June 3, 2013 at 3:00 PM at the Purchasing Conference Room A. Although this is not a mandatory meeting, it is advisable that all bidders attend. II. Specifications and Plans Specifications-See separate denoted downloadable file in PDF format. Plans — at the pre-quote meeting the data will be distributed on disk and will also be available at purchasing front desk. Ill. Schedule Days to substantial and final completion from notice to proceed for each individual stand-alone project: PROJECT AREA#1 305 days to Substantial + 60 days to Final = 365 Days Total PROJECT AREA#2 305 days to Substantial + 60 days to Final = 365 Days Total PROJECT AREA#3 305 days to Substantial + 60 days to Final = 365 Days Total IV. Instructions 1. Complete Vendor's name, sign and date on all pages where so indicated. This will constitute your acceptance of the specifications, terms and conditions as listed. If taking exception to any part or section of this request for information/quotation, please indicate such exceptions on a separate sheet entitled "Exceptions." 2. Your quote may not be accepted unless all requested information is furnished. 3. The Collier County Purchasing Department reserves the right to reject any and all quotes. 4. All quotations for each individual stand-alone project must be made on the quotation form furnished by the County. No quote will be considered unless the quotation form is properly signed. 5. All work completed shall be under the terms and conditions of the above referenced contract. 6. Liquidated Damages Owner and Contractor recognize that, since time is of the essence for this agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $1,002.50 for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of$501.25 for each day after the time set for Final Completion. 7. Performance and payment bonds shall be required if the lowest responsive quote exceeds $200,000. RFQ_Co ntractDriven_RevisedSeptember2009 2 Packet Page -745- CA 7/9/2013 16.C.5. Co le r County Administrative Sendioes Division Purchasing COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION RFQ#08-5011-96 Air Release Valve Replacement Program Phase II PROPOSAL PAGE DUE DATE: see page one of this RFQ The undersigned, as quoter, hereby declares that the firm has examined the specifications and is informed fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: See separate Bid Schedules in Excel format This firm has submitted a quote for the individual stand-alone project(check all that applies): PROJECT AREA#1 PROJECT AREA#2 PROJECT AREA#3 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ! day of June 2013 in the County of Collier , in the state of Florida Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774-3130 Telephone Number brandybAdnhiggins.com Email Address 4485 Enterprise Ave. Address _Naples City Florida State 34104 Zip 830666 Elorida-Certificate of Authority Document Number(www.sunbiz.orq/search/html) Signature Regional Manager • Title r f Brandy Bartolone Print Name Date RFQ_ContractDriven_RevisedSeptembe r2009 3 Packet Page -746- 9 7/9/2013 16.C.5. CO Ter C.,iyunty Email: evelyncolon @colliergov.net Telephone: (239)252-2667 Administrative Services Division • FAX: (239)252-2810 Purchasing ADDENDUM 1 Memorandum Date: June 5, 2013 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation#08-5011-96 ARV REPLACEMENT PROGRAM PHASE II Please see the following attached documents: D Revised Bid Schedule Below are the answers to the questions posed at the pre-bid meeting: 0044., As an outcome of the pre-bid meeting held at 3:00pm on June 3, 2013 for the ARV Replacement Program Phase 2, the following changes/clarifications to the bid documents are now in effect: PUD anticipates that force mains in this project will be either inactive or temporarily deactived by County staff prior to work commencing on the ARV Phase 2 project. No pump stations are anticipated to require a shut down. PUD anticipates that wastewater flow can be redirected. to other force mains. The County will provide pumper truck(s) at each ARV location (other than "hot tap" locations) to remove any residual pressure so that the ARV work can be accomplished without spillage of wastewater or irrigation quality water. Contractors are expected to line the excavated area with plastic to prevent a spill. The 3 bid forms (one for Area 1, one for Area 2, and one for Area 3) have been modified to include a line item for pumper trucks. Use the attached revised bid forms. The additional line item for pumper truck(s) is intended to cover unintended spills or flows that may be encountered during the work. The use of pumper trucks will be solely at the discretion of the County on an as-needed basis. Operation of all isolation valves on the existing force mains and operation of all lift stations will be performed by County personnel only. All contractors must submit a contingency plan to the County prior to the contingency meeting for review by the County and Engineer. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Corinne Trtan, Senior Project Manager Packet Page-747- 7/9/2013 16.C.5. Tammy Ludwig From: ColonEvelyn [EvelynColon @colliergov.net] Sent: Friday, June 07, 2013 2:54 PM To: belwell @haskinsinc.net; Igaudio @qe-usa.com; mcohen @qe-usacom, kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer @mitchellstark.com; rmacphee @haskinsinc.net; bpenner @mitchellstark.com Cc: PajerCraig;TrtanCorinne Subject: Addendum 2 -08-5011-96 Air Release Valve Replacement Program Phase II This Addendum 2 is extending the due date for these quote until Monday,June 10 at 3:00PM to allow time for additional information that will be provide on Addendum 3. Addendum 3 will be issued shortly!!! Thank you, • Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelyncolon@colliergov.net Tel:(239)252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.If you do not want your email address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Packet Page-748- CA 7/9/2013 16.C.5. Tammy Ludwig Win. From: ColonEvelyn [EvelynColon @colliergov.net) Sent: Friday, June 07, 2013 3:05 PM To: belwell @haskinsinc.net; Igaudio @qe-usa.com; mcohen @qe-usa.com; kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer @mitchellstark.com; rmacphee @haskinsinc.net; bpenner @mitchellstark.com Cc: TrtanCorinne; PajerCraig Subject: Addendum 3-08-5011-96 Air Release Valve Replacement Program Phase II Attachments: 1Goodlette Frank Road 24 FM.pdf; Att 5-4Vanderbilt Beach Rd CR 862.pdf; Aft 5 - 7Proposed FM, WM, & Sewage Treatment Facilities.pdf; Aft 5 -5Sanitary Force Main Orange Blossom Dr to the Vineyards.pdf; Att 5-6Santa Barbara Force Main.pdf Addendum 3 -- Part 1 • Please see all attachments! !! Thank you, G riE 7 c„e,4;""yr Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelyncolon @colliergov,net Tel: (239)252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Packet Page-749- WORK ORDER 7/9/2013 16.C.5. Agreement for Fixed Term Underground Utilities Contract#08-5011 Contract Date: March 11,2008 Fixed Term Contract Expires March 10,2014 (RFQ#08-5011-96) BCC approval Date: July 9, 2013 Item#8695 This Work Order is for Underground Utility Construction services for work known as: Project Name: Project Area#2—Force Main Technical Support—ARV Replacement Project No: 70044.2.3.1 The work is specified in the Proposal Page, dated June 10, 2013, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above and Request for Quotation#08-5011-96 dated May 31, 2013, attached hereto a part of this Work Order is assigned to: Douglas N. Higgins,Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I A. Demolish existing Air Release Valves and Vaults B. Demolish existing Air Release Valves and Vaults and install a new ARV in enclosure in same location C. Install New ARV in Enclosure D. Furnish and Install Pipe Bollards E. Pumper Trucks Task II Owner Directed Allowance: to cover unanticipated costs including but not limited to * relocating ARV, unallocated utilities, fill material, customize connection and additional offsets Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Agreement #08-501 1, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum; ❑Lump Sum Plus Reimbursable Costs; Time & Material (non-guaranteed,owner directed work); LCost Plus Fixed Fee, as provided in the attached proposal. Task 1 $166,367.00 (Lump Sum) Task II $ 40,000.00 (Time &Material) TOTAL COST FOR TASKS I& II $206,367.00 PREPARED BY: G�Gc__ 41/ /3 Corinne Trtan, PUPPMD Project Manager Date APPROVED BY: — t�a/14 Craig P. P.E., UPPMD Principal Project Manager Date APPROVED BY: /NJ�f T m Chmelik, P.E., PUPPMD Director Date Packet Page-750- Gp 7/9/2013 16.0.5. RFQ#08-5011-96 Page 2 APPROVED + -- - _ t---C.---� / 7 Bet ohnssen,Int-,'m Director, WW Department Date 41 '\13 APPROVED BY: n --s 6/2P/2.J013 George Yilmaz,Public Utilities Division Administrator Date APPROVED BY: $etip--) ( .0<d, j 3 4?// //-3 Evolori,Procurement Specialist,Purchasing Date ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E.Brock, Clerk Collier County, Florida By: By: Deputy Clerk Georgia A. Hiller, Esq., Chairwoman Douglas N. Higgins, c. By: A,' i i t- ( '" ti Oft.A;t0 rv, 11 i WO . V , (Print Name/Title) ATTEST: By: ` '4 i v r...K.. , 4 t _. Approved as to form and legality / R. S C Aw'k #2_ se-c t ct?S: (Print Name/Title) Assistant County Attorney Packet Page -751- „ q 7/9/2013 16.C.5. COLLIER COUNTY PUBLIC UTILITIES DIVISION ARV REPLACEMENT PROGRAM PHASE II Bid Package—Area 2 Collier County Project Number 70044.2.3 BID SCHEDULE ITEM PRICE ITEM DESCRIPTION UNITS QUANTITY NO. Per-Unit Extended DEMOLISH existing Air Release EA 4 $ 2,425,00 $ 9,700.00 Valves and Vaults REPLACE - Demolish existing 2 Air Release Valves and Vaults EA 40 $ 2,302.00 $ 92,080,00 and install a new ARV in enclosure in same location 3 NEW- Install New ARV in EA 11 $ 2,347.00 $ 25,817.00 Enclosure 4 Furnish and Install Pipe Bollards EA 10 $ 437.00 $ 4,370.00 5 Pumper Truck(s) HR 100 $ 344.00 $ 34,400.00 *Owner Directed Allowance to cover unanticipated costs including but not limited to 5 relocating ARV, unlocated TM 1 $40,000 $40,000 utilities,fill material,customize connection and additional nffsets TOTAL BID(FIGURES)= $ 206,367.00 *Note: Owner reserves these funds for owner-directed work. There is no guarantee that the contractor will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: conditions of the underground piping, installation of new ARV piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalk repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Packet Page -752- CA 7/9/2013 16.C.5. Co ier County ip Adrmnistratrve Services Dtvision Purchasing REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities" Date: May 31, 2013 From: Evelyn Colon, Contract Specialist 239-252-2667, Telephone Number • 239-252-6549, Fax Number Evelyncoloncolliergov.net To: Prospective Vendors Subject: RFQ #08-5011 Air Release Valve Replacement Program Phase II As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. Your response must be received in the Purchasing Department, 3327 E. Tamiami Trail Naples, Florida 34112 or via email to Evelyncoloncolliergov.net no later than the dates specified below. Any response received after that time shall not be considered. Due Dates for Individual ARV Projects: PROJECT AREA#1 June 7, 2013 at 2:30 pm. PROJECT AREA#2 June 7, 2013 at 2:30 pm. PROJECT AREA#3 June 7, 2013 at 2:30 pm. All quotations for individual projects shall be in accordance with the terms, conditions, and specifications stated herein and in accordance with the terms and conditions of Contract #08-5011 of which your firm was an awardee. NO OTHER FIRMS ARE ELIGIBLE TO SUBMIT OR RECEIVE AN AWARD FOR THIS PROJECT. If you have any questions regarding the specifications or intended scope of work, you must make those inquiries no later than two (2) business days before the due date. For general questions, you may contact the Purchasing staff member noted above. Your quotation response for individual projects is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. No late quotation responses will be accepted. We look forward to your participation in this request for information/quotation process. cc: Corinne Trtan, Project Manager RFQ_ContractDriven_RevisedSeptem be r2009 1 Packet Page-753- U 7/9/2013 16.0.5. I. General Information Each bid package generally consists of demolition of existing wastewater Air Release Valves (ARVs) and a portion of the existing concrete valve vaults, installation of new service saddles, plug for service saddle, magnetic locator ball and compacted fill material; installation of new ARVs in above-ground enclosures; and coordination of all work with the appropriate Home Owner's Association, and the County (Utility Division, Right of Way, and Landscaping). The proposed projects will be quoted and awarded to the contractor with the lowest cost. Each project will be awarded separately. A non-mandatory pre-bid meeting is scheduled for Monday June 3, 2013 at 3:00 PM at the Purchasing Conference Room A. Although this is not a mandatory meeting, it is advisable that all bidders attend. II. Specifications and Plans Specifications-See separate denoted downloadable file in PDF format. Plans — at the pre-quote meeting the data will be distributed on disk and will also be available at purchasing front desk. III. Schedule Days to substantial and final completion from notice to proceed for each individual stand-alone project: PROJECT AREA#1 305 days to Substantial + 60 days to Final = 365 Days Total PROJECT AREA#2 305 days to Substantial +60 days to Final = 365 Days Total PROJECT AREA#3 305 days to Substantial + 60 days to Final = 365 Days Total IV. Instructions 1. Complete Vendor's name, sign and date on all pages where so indicated. This will constitute your acceptance of the specifications, terms and conditions as listed. If taking exception to any part or section of this request for information/quotation, please indicate such exceptions on a separate sheet entitled "Exceptions." 2. Your quote may not be accepted unless all requested information is furnished. 3. The Collier County Purchasing Department reserves the right to reject any and all quotes. 4. All quotations for each individual stand-alone project must be made on the quotation form furnished by the County. No quote will be considered unless the quotation form is properly signed. 5. All work completed shall be under the terms and conditions of the above referenced contract. 6. Liquidated Damages Owner and Contractor recognize that, since time is of the essence for this agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $1,002.50 for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of$501.25 for each day after the time set for Final Completion. 7. Performance and payment bonds shall be required if the lowest responsive quote exceeds $200,000. RFQ_C ontractDrive n_RevisedSeptem ber2009 2 Packet Page -754- CA 7/9/2013 16.C.5. . ir Copy Administrative Services Division Purchasing COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION RFQ#08-5011-96 Air Release Valve Replacement Program Phase II PROPOSAL PAGE DUE DATE: see page one of this RFQ The undersigned, as quoter, hereby declares that the firm has examined the specifications and is informed fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: See separate Bid Schedules in Excel format This firm has submitted a quote for the individual stand-alone project(check all that applies): PROJECT AREA#1 PROJECT AREA#2 PROJECT AREA#3 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ,/" day of June 2013 in the County of Collier , in the state of Florida Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774-3130 Telephone Number brandyb[a�dnhiggins.com Email Address 4485 Enterprise Ave. Address _Naples City Florida State 34104 Zip 830666 flor-ida-Certificate of Authority DocumeritNumber(www.sunbiz.orq/search/html) Signature Regional Manager Title i t Brandy Bartolone I , f = Print Name Date RFQ_co ntractDriven_RevisedSeptember2009 3 Packet Page -755- CA 7/9/2013 16.C.5. Email: evelyncolon @colliergov.net Telephone: (239)252-2667 ministratiive Ser ces Division FAX: (239)252-2810 Purchasing ADDENDUM 1 Memorandum Date: June 5, 2013 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation #08-5011-96 ARV REPLACEMENT PROGRAM PHASE II Please see the following attached documents; > Revised Bid Schedule Below are the answers to the questions posed at the pre-bid meeting: As an outcome of the pre-bid meeting held at 3:00pm on June 3, 2013 for the ARV Replacement Program Phase 2, the following changes/clarifications to the bid documents are now in effect: PUD anticipates that force mains in this project will be either inactive or temporarily deactived by County staff prior to work commencing on the ARV Phase 2 project. No pump stations are anticipated to require a shut down. PUD anticipates that wastewater flow can be redirected. to other force mains. The County will provide pumper truck(s) at each ARV location (other than "hot tap" locations) to remove any residual pressure so that the ARV work can be accomplished without spillage of wastewater or irrigation quality water. Contractors are expected to line the excavated area with plastic to prevent a spill. The 3 bid forms (one for Area 1, one for Area 2, and one for Area 3) have been modified to include a line item for pumper trucks. Use the attached revised bid forms. The additional line item for pumper truck(s) is intended to cover unintended spills or flows that may be encountered during the work. The use of pumper trucks will be solely at the discretion of the County on an as-needed basis. Operation of all isolation valves on the existing force mains and operation of all lift stations will be performed by County personnel only. All contractors must submit a contingency plan to the County prior to the contingency meeting for review by the County and Engineer. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Corinne Trtan, Senior Project Manager Packet Page-756- (1) 7/9/2013 16.C.5. Tammy Ludwig From: ColonEvelyn [EvelynColon @colliergov.net] Sent: Friday, June 07, 2013 2:54 PM To: belwell @haskinsinc.net; Igaudio @qe-usa.com; mcohen @qe-usa.com; kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer @mitchellstark.com; rmacphee @haskinsinc.net; bpenner @mitchellstark.com Cc: PajerCraig;TrtanCorinne Subject: Addendum 2-08-5011-96 Air Release Valve Replacement Program Phase II This Addendum 2 is extending the due date for these quote until Monday,June 10 at 3:00PM to allow time for additional information that will be provide on Addendum 3, Addendum 3 will be issued shortly!!! Thank yo u, � Ci l/�C i17 637.-D idP • Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelyncolon @colliergov.net Tel: (239)252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Packet Page-757- 7/9/2013 16.C.5. Tammy Ludwig From: ColonEvelyn [EvelynColon@colliergov.net] Sent: Friday, June 07,2013 3:05 PM To: belwell @haskinsinc.net; Igaudio @qe-usa.com; mcohen @qe-usa.com; kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer @mitchellstark.com; rmacphee @haskinsinc.net; bpenner@mitchellstark.com Cc: TrtanCorinne; PajerCraig Subject: Addendum 3-08-5011-96 Air Release Valve Replacement Program Phase II Attachments: 1Goodlette Frank Road 24 FM.pdf; Aft 5-4Vanderbilt Beach Rd CR 862.pdf;Att 5- 7Proposed FM, WM, & Sewage Treatment Facilities.pdf; Att 5-5Sanitary Force Main Orange Blossom Dr to the Vineyards.pdf, Att 5-6Santa Barbara Force Main,pcf Addendum 3 — Part 1 Please see all attachments! !! Thank you, Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelyncolon@colliergov.net Tel: (239) 252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Packet Page -758- WORK ORDER 7/9/2013 16.C.5. Agreement for Fixed Term.Underground Utilities Contract#08-501 1 Contract Date: March 11,2008 Fixed Term Contract Expires March 10, 2014 (RFQ#08-5011-96) BCC approval Date: July 9, 2013 ltem#8695 This Work Order is for Underground Utility Construction services for work known as: Project Name: Project Area#3 —Force Main Technical Support—ARV Replacement Project No: 70044.2.3.1 The work is specified in the Proposal Page, dated June 10, 2013,which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above and Request for Quotation#08-5011-96 dated May 31,2013, attached hereto a part of this Work Order is assigned to: Douglas N. Higgins,Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I A. Demolish existing Air Release Valves and Vaults B. Demolish existing Air Release Valves and Vaults and install a new ARV in enclosure in same location C. Install New ARV in Enclosure D. Furnish and Install Pipe Bollards E. Pumper Trucks Task I1 Owner Directed Allowance: to cover unanticipated costs including but not limited to relocating ARV, unallocated utilities, fill material, customize connection and additional offsets Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Agreement #08-5011, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum; I (Lump Sum Plus Reimbursable Costs; Time &Material (non-guaranteed, owner directed work); (Cost Plus Fixed Fee, as provided in the attached proposal. Task I $ 61,361.00 (Lump Sum) Task II $24.000.00 (Time&Material) TOTAL COST FOR TASKS I& II S 85,361.00 PREPARED BY: A ///3 Corinne Trtan, PUPPMD Project Manager Date APPROVED BY: • 6l 14-1 t3 Craig Pajeo.E., P PMD Principal Project Manager Date APPROVED BY: ' E--' al 112LS`f t Tc�lm Chmelik,P.E., PUPPMD Director Date Packet Page-759- 7/9/2013 16.C.5. RFQ#08-5011-96 Page 2 APPROVED BY .,.�• v _ —41 Gf�f�_X Beth Jo. sen,Interim D. ector, WW Department / Date l' APPROVED BY: ? / /Pt3 George Yilmaz,Public Utilities Division Administrator Date 1 APPROVED BY: 'l 07 , `! // /13 4{1 Evelyn Colo if,Procurement Specialist,Purchasing Date ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E.Brock, Clerk Collier County,Florida By: By: Deputy Clerk Georgia A. Hiller, Esq.,Chairwoman Douglas N. Higgins Inc. By: , ohNt rv. I11(.3 1f.-:s ; V. P, (Print Name/Title) ATTEST: By: .? Ajc: w ,i2e c.,74t c'Z., Approved as to form and legality / (Print Name/Title) Assistant County Attorney Packet Page -760- G� 7/9/2013 16.C.5. COLLIER COUNTY PUBLIC UTILITIES DIVISION ARV REPLACEMENT PROGRAM PHASE II Bid Package—Area 3 Collier County Project Number 70044.2.3 BID SCHEDULE ITEM PRICE ITEM DESCRIPTION UNITS QUANTITY NO. Per-Unit Extended DEMOLISH existing Air EA 1 Release Valves and Vaults $ 2,941.00 $ 2,941.00 2 REPLACE- Demolish existing Air Release Valves and Vaults EA 6 and install a new ARV in 2,399.00 $ 14,394.00 enclosure in same location 3 NEW- Install New ARV in EA 2 $ 2,628.00 $ 5,256.00 Enclosure 4 Furnish and Install Pipe EA 10 $ 437.00 $ 4,370.00 Bollards 5 Pumper Truck(s) HR 100 $ 344.00 $ 34,400.00 *Owner Directed Allowance to cover unanticipated costs including but not limited to 6 relocating ARV, unlocated TM 1 $24,000 $24,000 utilities,fill material, customize connection and additional nffsPtc TOTAL BID(FIGURES)= $ 85,361.00 *Note: Owner reserves these funds for owner-directed work. There is no guarantee that the contractor will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: conditions of the underground piping, installation of new ARV piping and valves,unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalk repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Packet Page-761- 7/9/2013 16.C.5. • r County Administrative Services Division Purchasing REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities" Date: May 31, 2013 From: Evelyn Colon, Contract Specialist 239-252-2667, Telephone Number 239-252-6549, Fax Number Evelvncolon(�colliergov.net To: Prospective Vendors Subject: RFQ #08-5011 Air Release Valve Replacement Program Phase II As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. Your response must be received in the Purchasing Department, 3327 E. Tamiami Trail Naples, Florida 34112 or via email to Evelvncolon(a�colliergov.net no later than the dates specified below. Any response received after that time shall not be considered. Due Dates for Individual ARV Protects: PROJECT AREA#1 June 7, 2013 at 2:30 pm. PROJECT AREA#2 June 7, 2013 at 2:30 pm. PROJECT AREA#3 June 7, 2013 at 2:30 pm. All quotations for individual projects shall be in accordance with the terms, conditions, and specifications stated herein and in accordance with the terms and conditions of Contract #08-5011 of which your firm was an awardee. NO OTHER FIRMS ARE ELIGIBLE TO SUBMIT OR RECEIVE AN AWARD FOR THIS PROJECT. If you have any questions regarding the specifications or intended scope of work, you must make those inquiries no later than two (2) business days before the due date. For general questions, you may contact the Purchasing staff member noted above. Your quotation response for individual projects is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. No late quotation responses will be accepted. We look forward to your participation in this request for information/quotation process. cc: Corinne Trtan, Project Manager RFQ_Co ntra ctD rive n_Revised Se pte mbe r2009 1 Packet Page-762- 7/9/2013 16.C.5. • I. General Information Each bid package generally consists of demolition of existing wastewater Air Release Valves (ARVs) and a portion of the existing concrete valve vaults, installation of new service saddles, plug for service saddle, magnetic locator ball and compacted fill material; installation of new ARVs in above-ground enclosures; and coordination of all work with the appropriate Home Owner's Association, and the County (Utility Division, Right of Way, and Landscaping). The proposed projects will be quoted and awarded to the contractor with the lowest cost. Each project will be awarded separately. A non-mandatory pre-bid meeting is scheduled for Monday June 3, 2013 at 3:00 PM at the Purchasing Conference Room A. Although this is not a mandatory meeting, it is advisable that all bidders attend. II. Specifications and Plans Specifications -See separate denoted downloadable file in PDF format. Plans — at the pre-quote meeting the data will be distributed on disk and will also be available at purchasing front desk. III. Schedule Days to substantial and final completion from notice to proceed for each individual stand-alone project: PROJECT AREA#1 305 days to Substantial +60 days to Final = 365 Days Total PROJECT AREA#2 305 days to Substantial + 60 days to Final = 365 Days Total PROJECT AREA#3 305 days to Substantial + 60 days to Final = 365 Days Total IV. Instructions 1. Complete Vendor's name, sign and date on all pages where so indicated. This will constitute your acceptance of the specifications, terms and conditions as listed. If taking exception to any part or section of this request for information/quotation, please indicate such exceptions on a separate sheet entitled"Exceptions." 2. Your quote may not be accepted unless all requested information is furnished. 3. The Collier County Purchasing Department reserves the right to reject any and all quotes. 4. All quotations for each individual stand-alone project must be made on the quotation form furnished by the County. No quote will be considered unless the quotation form is properly signed. 5. All work completed shall be under the terms and conditions of the above referenced contract. 6. Liquidated Damages Owner and Contractor recognize that, since time is of the essence for this agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $1,002.50 for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of$501.25 for each day after the time set for Final Completion. 7. Performance and payment bonds shall be required if the lowest responsive quote exceeds $200,000. RFQ_ContractDriven_RevisedSeptember2009 2 • Packet Page-763- CA 7/9/2013 16.C.5. + ' er County Administrative Services Division Purchasing COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION RFQ#08-5011-96 Air Release Valve Replacement Program Phase II PROPOSAL PAGE DUE DATE: see page one of this RFQ The undersigned, as quoter, hereby declares that the firm has examined the specifications and is informed fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: See separate Bid Schedules in Excel format This firm has submitted a quote for the individual stand-alone project(check all that applies): _ PROJECT AREA#1 PROJECT AREA#2 _ PROJECT AREA#3 I l` IN WITNESS WHEREOF, WE have hereunto subscribed our names on this , " day of June 2013 in the County of Collier , in the state of Florida Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774-3130 Telephone Number brandyb ac dnhiggins.com Email Address 4485 Enterprise Ave. Address _Naples City Florida State 34104 Zip 830666 _!Florida Certificate of Authority Document Number(www.sunbiz.org/search/html) Signature Regional Manager r Title / Brandy Bartolone I," tf Print Name Date RFQ_ContractDriven_RevisedSeptember2009 3 Packet Page-764- �, 7/9/2013 16.C.5. p 'iy Email evelyncolon @colliergov.net Telephone: (239)252-2667 Administrative Services Division • FAX: (239)252-2810 Purchasing ADDENDUM 1 Memorandum Date: June 5, 2013 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation #08-5011-96 ARV REPLACEMENT PROGRAM PHASE I I Please see the following attached documents: Y Revised Bid Schedule Below are the answers to the questions posed at the pre-bid meeting: As an outcome of the pre-bid meeting held at 3:00pm on June 3, 2013 for the ARV Replacement Program Phase 2, the following changes/clarifications to the bid documents are now in effect: PUD anticipates that force mains in this project will be either inactive or temporarily deactived by County staff prior to work commencing on the ARV Phase 2 project. No pump stations are anticipated to require a shut down. PUD anticipates that wastewater flow can be redirected. to other force mains. The County will provide pumper truck(s) at each ARV location (other than "hot tap" locations) to remove any residual pressure so that the ARV work can be accomplished without spillage of wastewater or irrigation quality water. Contractors are expected to line the excavated area with plastic to prevent a spill. The 3 bid forms (one for Area 1, one for Area 2, and one for Area 3) have been modified to include a line item for pumper trucks. Use the attached revised bid forms. The additional line item for pumper truck(s) is intended to cover unintended spills or flows that may be encountered during the work. The use of pumper trucks will be solely at the discretion of the County on an as-needed basis. Operation of all isolation valves on the existing force mains and operation of all lift stations will be performed by County personnel only. All contractors must submit a contingency plan to the County prior to the contingency meeting for review by the County and Engineer. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Corinne Trtan, Senior Project Manager Packet Page -765- �� 7/9/2013 16.C.5. Tammy Ludwig From: ColonEvelyn [EvelynColon @colliergov.netj Sent: Friday, June 07, 2013 2:54 PM To: belwell @haskinsinc.net; Igaudio @qe-usa.com; mcohen @qe-usa.com; kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer @mitchellstark.com; rmacphee @haskinsinc,net; bpenner @mitchellstark.com Cc: PajerCraig; TrtanCorinne Subject: Addendum 2-08-5011-96 Air Release Valve Replacement Program Phase II This Addendum 2 is extending the due date for these quote until Monday,June 10 at 3:00PM to allow time for additional information that will be provide on Addendum 3. Addendum 3 will be issued shortly!!! Thank you, jj &_�p 6:1,e�Ld.:ez Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelyncolon@colliergov.net Tel: (239)252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.II you do not want your a-mad address released in response to a public records request do not send electronic mail to this entity.Instead.cantac this office by telephone or in writing. 1 Packet Page-766- 7/9/2013 16.C.5. Tammy Ludwig From: ColonEvelyn [EvelynColon @colliergov.net] Sent: Friday,June 07, 2013 3:05 PM To: belwell @haskinsinc,net; Igaudio @qe-usa.com; mcohen @qe-usa.com; kyleconstinc @aol.com; Tammy Ludwig; Brandy Bartolone; mwesthafer@mitchellstark.com; rmacphee @haskinsinc.net; bpenner @mitchellstark.com Cc: TrtanCorinne; PajerCraig Subject: Addendum 3 -08-5011-96 Air Release Valve Replacement Program Phase II Attachments: 1Goodlette Frank Road 24 FM.pdf; Att 5-4Vanderbilt Beach Rd CR 862.pdf;Aft 5- 7Proposed FM, WM, & Sewage Treatment Facilities.pdf; Att 5-SSanitary Force Main Orange Blossom Dr to the Vineyards.pdf; Att 5-6Santa Barbara Force Main.pdf Addendum 3 — Part 1 Please see all attachments!!! Thank you, Evelyn Colon Procurement Strategist Collier County Purchasing Department 3327 Tamiami Trail East, Bldg G Naples, Florida 34112 email: evelvncolon @colliergov,net Tel: (239) 252-2667 Fax: (239)252-2810 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Packet Page-767- 7/9/2013 16.C.5. AGREEMENT 08-5011 "Annual Contract for Underground Utility Contracting Services" THIS AGREEMENT is made and entered into this I t day of Al etr-e...(rN , 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Douglas N. Higgins, Inc. authorized to do business in the State of Florida, whose business address is 2887 Tamiami Trail East, Suite 1, Naples, Florida 34112 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for two (2) terms of twenty four (24) months each. In no event, including renewal options, shall the contract exceed six (6) years. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK:. The Board of County Commissioners deemed five firms to be .pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for a wide range of minor-to-medium scale future construction, renovation and retrofit projects on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the contracted firms; the Contractor shall respond with the information and or proposal sought within ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. Page -1- Packet Page -768- 7/9/2013 16.C.5. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Work orders shall not be required for emergency work but will be authorized by Purchase Order only. The Forms attached to this Agreement as Exhibits A through D shall not be required for emergency work. The Contractor will be compensated for time and material work, either emergency or scheduled, in accordance with the rate sheet with material and specialty equipment markup. 3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule for emergency underground utility contracting services. The on-call Contractor shall be required to have a cell phone number, along with a home number, to the County so that the County will be able to contact the Contractor when needed. This schedule will be rotated on a one (1) week basis. In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than two (2) weeks in a row on-call. 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Douglas N. Higgins, Inc. James H. Sweet, Vice President 2887 Tamiami Trail East, Suite 1, Naples, FL 34112 Phone: 239-774-3130 Fax: 239-774-4266 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Attn: Purchasing/General Services Director Purchasing Department 3301 East Tamiami Trail, Purchasing Building G Naples, Florida 34112 239-252-8407 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page -2- Packet Page-769- 7/9/2013 16.C.5. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees•meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. Page -3- Packet Page -770- 7/9/2013 16.C.5. Special Requirements: Collier County Board of County Commissioners shale uG G0 U Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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. 13.BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 14.PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". Page -4- Packet Page -771- 7/9/2013 16.C.5. 15.PAYMENTS WITHHELD. Owner may decline to approve any Application lul ur portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17.CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the < ' Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor Page -5- Packet Page-772- 7/9/2013 16.C.5. shall submit an itemized estimate of any cost or time increases or savings it foresees a ICJUu. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19.COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22.WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. Page -6- Packet Page -773- 7/9/2013 16.C.5. 23.EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities wn0 aie neat, clean, well groomed and courteous. 24.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25.PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26.EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27.COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Page -7- Packet Page -774- 7/9/2013 16.C.5. If Owner considers the Work (or designated portion) substantially complete, Own., HIcvcuc and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 punchlist. 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, and upon receipt of a final Application for Payment, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28.LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly Page -8- Packet Page -775- 7/9/2013 16.C.5. waives and relinquishes any right which it may have to seek characterize t JIG a�l/VG I IL«u liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. ' When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08- 5011, any addenda, Exhibits A, B, C and D, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 33. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 34. 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. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- Packet Page -776- 7/9/2013 16.C.5. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST:.. .;,� r COLLIER COUNTY FLORI A Dwight E. Brock,',.=rk of Courts By:,/I A ',• 415‘11111 r B - Chairman Dated: :a,�` ; � s Tom Henning,• Attest .e* iirafrote s Siva tare 041 Douglas N. Higgins, Inc. Contractor imp /, � By: i<ell a . tuu�.- itness ignature 1)GvidJ w►'Lki-e 1.5e1 1.1 wlIkie Type/Print Witness Name • Ted Signature Second Witness Title Thr3+e. fi. S w e e f Type/Print Witness Name Approved as to form and legal sufficiency: - ergy Assistant County Attorney Page -10- Packet Page-777- 7/9/2013 16.C.5. EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 08-5011 KNOW ALL ME BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 200_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200 , the name of under-signed representative, pursuant to authority of its governing body. Page -11- Packet Page -778- 7/9/2013 16.C.5. Signed, sealed and delivered in the presence of: PRINCIPAL: U = Do ups as nt By: K G � , Witnesses a o Principal �T 0il.37-e -- Name: Ke j l . to k,e, Its: (/!(:Q 1 S+4e?fi STATE OF M s op), ay) COUNTY OF 11u06Mie#ia The foregoing instrument was acknowledged before me this of 1 a 200 , by Gt tAmk,Le, , as Vc«—PaSiDt eAlr of q/Qs/1(. "• nS,T , a corporation, on behalf of the corporation. He/she is •:-tonally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: J .S q&Wile lfcLLt ker (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of A4 C/419 ai/3 Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- Packet Page -779- 7/9/2013 16.C.5. As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- Packet Page -780- 7/9/2013 16.C.5. EXHIBIT A-1 PUBLIC PERFORMANCE BOND Bond No. Contract No. 08-5011 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- Packet Page -781- 7/9/2013 16.C.5. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, 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 • esence of : PRINCIPAL: !/l..r 1 !`�'L� - post las N. "► rns -�c_ )• ` UJr_ - A•/f ,i By: gitti4 G. WL;(.k. L Wi esses as to Principal v Med H- C1 Name: 66-f yy ft ail/KID Its: Vi(/,f(tsid(A'Jf STATE OF j all 31LJ1 COUNTY OF INot.Shic- tx•) The foregoing instrument was acknowledged before me this day of JGt/9 2008 , by K e(kt A-. t-Vi , as V► (L -Pr-es of l)c>✓tq/ N, A •I hS P,C , a Mt'c,k)igizil corporation, on beha4W of the c• •oration. 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: k J'i Z. I7 l- ,c.ok (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ktlaucjetli Commission No.: Page -15- Packet Page -782- 7/9/2013 16.C.5. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: osilok Page -16- Packet Page -783- 7/9/2013 16.C.5. EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by, , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- Packet Page -784- 7/9/2013 16.C.5. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) RFP No. 08-5011 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the (Contractor's Address) Date: RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Percent Work completed to Date: % Less Retainage $ Percent Contract Time completed Total earned Less Retainage $ to Date % Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress ' payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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: saw (Type Name and Title) Page-18- Packet Page -785- 7/9/2013 16.C.5. EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO.08-5011 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_ You hereby are authorized and directed to make the following change(s)in accordance with terms and conditions of the Agreement: FOR THE(Additive)(Deductive) Sum of: $ ($ ) Original Agreement Amount $ Sum of Previous Changes $ This Change Order(Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be(increased/decreased)by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- Packet Page-786- ACORD CERTIFICATE OF LIABILITY INSURANCE OPID DD 7/9/2013 16.C.5. HIGGI-b 1 w.a/ +•+r ..., PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hylant Group - Ann Arbor HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 24 Frank Lloyd Wright Dr J4100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ann Arbor MI 48105 Phone: 734-741-0044 Fax:734-741-1850 INSURERS AFFORDING COVERAGE I NAIC# INSURED INSURER A: American Casualty Company 020427 INSURER B: Transportation Ins. Co. 020494 Douglas N. Higgins, Inc. INSURER C' Continental casualty company 020443 3390 Travis Pointe, Suite A INSURERD. Greenwich Insurance Co. Ann Arbor MI 48108 I INSURER E. Valley Forge Ins. Co. 020508 COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IFMK AUIPI- '•LI E E IV P• I Y E -IRA 1-0 1-4 LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER j DATE(MM/DD/YY) DATE(MMIDD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 UAMACat IU RbNItU $ ,200 000 A X I X COMMERCIAL GENERAL LIABILITY C161922047 12/10/07 12/10/08 PREMISES(Eaoccurence) r CLAIMS MADE X OCCUR MED EXP(Any one person) $ 15,000 X Includes XCU PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s 2,000,000 POLICY X JECT LOC AUTOMOBILE LIABILITY l COMBINED SINGLE LIMIT $ 1,000,000 E X ANY AUTO C161922033 I 12/10/07 12/10/08 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accioenl) X NON-OWNED AUTOS — -- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT $ `,ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 B X OCCUR ( l CLAIMS MADE C161922050 12/10/07 12/10/08 AGGREGATE $ 10,000,000 $ _�DEDUCTIBLE $ ,X RETENTION $10,000 I ~$ WCSIAIU- UIH- WORKERS COMPENSATION AND I X(TORY LIMITS I ER C EMPLOYERS'LIABILITY WC161922016 12/10/07 I 12/10/08 E.L.EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E .DISEASE-EA EMPLOYEE $500,000 If yes,describe under E .DISEASE-POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER D Professional and PEC0025095 01/03/08 01/03/09 2,000,000 Pollution Liab 25,000 ded DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS re: Contract #08-5011; Annual Contract for Underground Utility Contracting Services. Additional Insured: Collier County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION COLCO02 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board Of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL / County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3301 Tamiami Trail East REPRESENTATIVES. Naples FL 34412 �. AUTH IZEDREPRFONT/nlry V I' lt.�� ©ACORD CORPORATION 1988 ACORD 25(2001/08) Packet Page -787- 7/9/2013 16.C.5. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Packet Page -788-