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Agenda 09/15/2009 Item #16C 1 Agenda Item No. 16C1 September 15, 2009 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to award Bid Number 09-5291 titled "South County Water Reclamation Facility Upgrades to the Deep Injection Well Surge and Pressure Relief System" in the amount of $172,529.35 to BJ Enterprises, Inc., Project 73974.2. OBJECTIVE: To obtain Board approval of a standard Collier County construction contract to perform upgrades to the South County Water Reclamation Facility (SCWRF) Deep Injection Well (D1W) Surge and Pressure Relief System to ensure fully compliant and reliable wastewater services to our customers. CONSIDERATIONS: The SCWRF has an existing D1W, surge, and pressure relief system which is utilized to dispose of irrigation quality water that does not meet Florida Department of Environmental Protection (FDEP) standards. This non-compliant water is flushed approximately 3000 feet deep into the ground via two deep injection wells. Some of the pressure relief components of this system have reached the end of their useful life, and therefore have ceased to function properly, and are no longer reliable. Since this is a critical component of the wastewater treatment system and is a requirement of the FDEP operating permit, engineering firm, Hole Montes was contracted on October 20, 2008, to fully evaluate this system to identif'y components that prevent full compliance, reliability, sustainability, and operability. Their evaluation concluded that the following component upgrades are necessary to ensure an integral, fully compliant, and reliable system: . Two new surge relief valves . Modifications to two existing surge relief valves to make them fully functional . New discharge piping for surge flows . Sealing and hard piping the surge and pressure relief system so surge flows are returned to the treatment process to prevent all potential spills . Instrumentation, controls, audible, and visual alarms to remotely alert the plant operator when the surge relief valves open Hole Montes produced engineered signed and sealed plans and specifications for these improvements. Fully competitive public bids were obtained and opened on August 7, 2009 via E- procurement. Although competition was opened publically to all viable vendors, only two responded with pricing as summarized below: BIDDER TOTAL BJ Enterprises, Inc. (BJE) $172,529.35 Mitchell & Stark Construction Company, Inc. $191,254.00 The engineer's original estimate of probable construction cost was $195,000.00. The low bid is 11.5% under the engineer's estimate. Executive Summary Award of Bid 09-5291 Page 2 Agenda Item No. 16C1 September 15, 2009 Page 2 of 40 Col1ier County Staff and Hole Montes have analyzed the bids. The references for the low bidder, BJE, were contacted and verified. BJE has experience in Lee County, the City of Sanibel, and the City of Fort Myers and has successful1y completed those respective projects. Although BJE does not have direct treatment plant experience, a majority of the work will be performed by BJE's experienced subcontractors. Further, BJE's references were highly favorable. Based on the above results and the attached Hole Montes' recommendation letter dated August 17, 2009, staff recommends awarding the contract to the lowest responsive and responsible bidder, BJ Enterprises, Inc. in the lump sum amount $172,529.35. FISCAL IMPACT: Funds in the amount of $172,529.35 are available in Project 73974.2. The source of funds is Wastewater User Fees, Fund 414. Funding is available in the FY 09 Wastewater Capital Projects Budget in Project Number 73974, as shown in the June 24,2008 Board approved 2008 Wastewater Master Plan Update, Table 8-2, page 3 of 5, line 105. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is a legal1y sufficient, regular agenda item only requiring a majority vote for approval-SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award Bid Number 09- 5291 entitled South County Water Reclamation Facility Upgrades to the Deep Injection Wel1 Surge and Pressure Relief System in the amount of $172,529.35 to BJ Enterprises, Inc., Project 73974.2. Prepared By: Peter Schalt, PMP, Senior Project Manager Agenda Item No. 16C1 September 15, 2009 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C1 Meeting Date: Recommendation to award Bid Number 09-5291 titled South County Water Reclamation Facility Upgrades to the Deep Injection Well Surge and Pressure Relief System in the amount of $172.529.35 to BJ Enterprises, Inc., Project 73974.2. 9/15/20099:00:00 AM Prepared By Peter Schalt, PMP Senior Project Manager Date Public Utilities Planning and Project 8/14/20093:09:27 PM Public Utilities Management Department Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 8/18/2009 9:47 AM Approved By Phil E. Gramatges, P.E. Sr. Project Manager Date Public Utilities Public Utilities Planning and Project 8/20/2009 2:17 PM Management Department Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 8/20/20094:53 PM Approved By Tom Chmelik Project Manager Date Public Utilities Public Utilities Planning and Project Management Department 8/21/2009 9:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 8/21/20099:49 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/21/2009 2:57 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 8/21/20094:23 PM Approved By Dale R. Waller Treatment Plant Superintendent Date ..c:t _. 1Ir".\ A ____ ..:l_'T'__,,-1 T:____ _-,,-I 1 ..,,1 CI ___"-____ L ___01 .....A1 ~ 0/ .....A..... f'lAA\ 1 ~ 0/ .....Ar"I'I.1lo. TClT:1lo. T'T'O/.....A A r"T:1lo. T A/A/"'lf'lAA Agenda Item No. 16C1 September 15, 2009 Page 4 of 40 Public Utilities WasteWater 8/22/2009 8 :48 AM Approved By Steve Carnell Purchasing/General Sves Director Date Administrative Services Purchasing 8/22/2009 9:00 AM Approved By James W. DeLony Public Utilities Administrato.r Date Public Utilities Public Utilities Administration 8/24/200912:24 PM Approved By OMS Coordinator OMS Coordinator Date Coun'o/ Manager's Office Office of Management & Budget 8/24/2009 1 :52 PM Approved By Mark Isackson Budget Ana Iyst Date County Manager's Office Office of Management & Budget 9/3/2009 11 :14 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office. 9/4/2009 11 :47 AM r=t _. Iln.1 A ____ ..J_'T'__-<-\ T:n__ __..4-\ 1 ""' A C1 ___-4-____ L __01 """ 1 ~ 01 '.'H,"'lAAC\\ 1 ;: fit .....AI"r'l.ll. TC'T'lro. T'T'OI ""I" A r"T:1ro. T I"\II\/"'^^O HM HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS Agenda Item No. 16C1 September 15, 2009 Page 5 of 40 950 Encore Way. Naples, Florida 34110' Phone: 239.254.2000' Fax: 239254.2097 August 17, 2009 Peter Schalt, PMP Senior Project Manager Collier County PUPPMD 3301 East Tamaimi Trail, Bldg. H Naples, FL 34112 RE: EVALUATION OF BID NO. 09-5291 SCWRF - SURGE RELIEF VALVE UPGRADES Hole Montes Project No.: 2008.072 Dear Pete, We have reviewed the two bids on the subject project received by the County on August 7ili and as emailed to Hole Montes on August 10th. Two bids were received; one bid from BJ Enterprises, North Fort Myers, for $172,529.36 and one bid from Mitchell & Stark, Naples for $191,254.00. Our review has generated the following comments regarding the apparent low bidder, BJ Enterprises. 1. Bid Schedule: The Total Price for Items 1,2,3 and 4 is $0.01 higher than the actual total of these bid items. The corrected total amount should be $172,529.35. We understand the bidder has subsequently submitted a corrected Bid Schedule. 2. Bid Schedule: The bid amount for Bid Item no. I was $11,026.10. This amount greatly exceeds the allowable amount of 4% of the total price, which is $6,901.17. This maximum allowable amount is clearly stated on the bid form. We understand the bidder has subsequently submitted revised pricing for Bid Items I and 2 to correct this error. 3. References: We contacted three of the six references which were governmental utility operations. Lee County Utilities and the cities of Sanibel and Fort Myers indicated a very high level of satisfaction on projects completed by BJ Enterprises. However, their collective project experience was limited to manhole coatings, sewer lines and water lines. Each utility confirmed this contractor has not performed any treatment plant work. 4. Experience: We are concerned about the lack of experience with plant work and the lack of experience coordinating subcontractors. This project will involve an electrical subcontractor and an instrumentation subcontractor. Naples' Fort Myers' Venice Peter SchaIt, PMP Collier County PUPPMD HM Project No. 2008.072 August 17, 2009 Page 2 Agenda Item No. 16C1 September 15, 2009 Page 6 of 40 In summary, there are issues related to the low bidder's Bid Schedule and project experience. However, because the references for BJ Enterprises were so positive, we do not wish to eliminate an opportunity for this bidder. The County Purchasing Department should provide their comments and final decision regarding the acceptability of this bid. Please contact me if you have any questions or concerns. Thank you for this opportunity to be of service to Collier County. Sincerely, cc: Scott Jolmson, purchasing Dept., Collier County I~:\2()08\2008072\EN\C _ CORRESPONoENCE\C 1 . 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W ~ " " ro . u ~ c 0 ~ E ~ ~ z ~ ro > 0. .c ~ 0 $ u f0- X :< " '" ,::: .3 <Xi '" .. ,.., N '" " E ~ ------ Agenda Item No. 16C1 September 15, 2009 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA SCWRF Upgrades to Deep Injection Well Surge and Pressure Relief System BID NO. 09-5291 Full Name of Bidder BJ. Enterorises. Inc. Main Business Address 6581 Slater Pines dr. North Ft. Mvers FL 33917 Place of Business Telephone No. 239731-2333 Fax No. 239731-5205 State Contractor's License # CU C057095 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: one July 22 2009 Contractor's I~ ~ . Addendum Number One Date Issued Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If YOIII choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P.1 Agenda Item No. 16C1 September 15, 2009 Page 9 of 40 COLLIER COUNTY QUOTE NO. 09-5291 QUOTATION OPENING DATE 8/7/09 2: 30PM SURGE RELIEF VALVE UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY COLLIER COUNTY PUBLIC UTILITIES DIVISION Item Estimated No. Description Quantity Total 1 Mobilization, Bonds and Submittals (Maximum 4 % of Total Price) Lump Sum $ 11,026.10 2 Furnish and install two new surge relief valves, modify two existing surge relief valves, remove and dispose of two existing surge relief valves, startup and training on the new and modified valves, furnish and install discharge piping from four surge relief valves, maintenance of traffic, paving, painting, restoration, and all appurtenances and other required Contract Work not included in other Bid Items. Lump Sum $ 104,741.25 3 Furnish and install electrical and SCADA materials and features associated with the limit switch on each of four surge relief valves. Provide startup and demonstration of electrical and SCADA features described in the Contract Documents. Lump Sum $ 46,762.00 4 Contingency Allowance for Unforeseen Conditions subject to Owner's Approval Lump Sum $10,000.00 TOTAL PRICE FOR ITEMS 1, 2,3 and 4 $ 172,529.36 Agenda Item No. 16C1 September 15,2009 Page 10 of 40 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on .this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. ::::I::',;~:Lt+ ~. ' , . Date: Aug. 7 09 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Sign3tlilre: Date: GC-P-3 Agenda Item No. 16C1 September 15, 2009 Page 11 of 40 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address Gulf States Electric ~1q ~~1-7117 Revere Control System 205 824-0004 1. Electrical 2. Inteqration 3. 4. 5. Company: B..d;:{2.... Z'~.' Slgnat~re: '" .' . '. ~ f .... Date: 8/7/09 GC-P-4 Agenda Item No. 16C1 September 15, 2009 Page 12 of 40 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the t~rms of the Agreement. Proiect and Location Reference 1. various Locations Lee County Lee County Utilities DeWayne Tagg 239 693-2992 2. Various Locations Sanibel City of Sanibel Sandy Larsen 239 472-1008 3. Incinerator Plant Lee County Lee County Solid Waste Mike Avogli 239 707-1062 4. Price Crossing Paradise Development Frank Kriz 727 515-4073 5. Loredo Lakes Lee County East Group Tony Raffano 239 448-4073 6. Various Locations Ft.Myers City of Ft.Myers Jeff Taffano 239 849-3081 Dated 8/7/09 BJ. Enterprises, Inc __ Bidder BY: f~~~ GC-P-5 Agenda Item No. 16C1 September 15,2009 Page 13 of 40 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are coslls for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (QuantiM Unit Cost Extended Cost 1. 145.00 580 LF .25 Simple Slope LF 2. 3. 4. 5. TOTAL $ 145.00 Failure to complete the above may result in the Bid being declared non-responsive. Dated 8/6/09 BJ. Enterprises, Inc. BY: f~4-- GC-P-6 Agenda Item No. 16C1 September 15, 2009 Page 14 of 40 AiFFIDA VIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB #:09.5291 (Check Appropriate Boxes Below) STATE OF FLORIDA AND D COLLIER COUNTY ~ LEE COUNTY PROPOSER/BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASiNG POLICY; A "local business' is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. in addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compiiance with the foregoing at the time of submitting their bid or proposal to be eiigible for consideration as a "local business" under this section. Please provide the following information for the Proposer/Bidder/Quater: Year Business Established in DCollier Caunty or [XJ Lee County: 1997 Number of Employees (Including Owner(s) or Corporate Officers): 12 Number of Employees Living in D Collier County or [XJ Lee (Including Owner(s) or Corporate Officers): 12 GC-P-7 Agenda Item No. 16C1 September 15, 2009 Page 15 of 40 If requested by the County, proposer/bidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder/quoter's submission being deemed not applicable. BJ. Enterprises, Inc. Proposer/Bidder/Quoter Name ~'~ ~~L ~_ . Signature President Tille STATE OF FLORIDA o COLLIER COUNTY 00 LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 7.{H Day of J b,..J ~-r , 20~. )&~~ Notary Public My Commission Expires: 2- 201Z- (AFFIX OFFICIAL SEAL) NOTARY PUBUC-STATE OF FLORIDA .....,,,...,. Katherine Harrington (.)COlJ!llliS.siOD IIDD761305 ',,,.,,.... Expll'e5. FEB. 21, 2012 Il'lNDKO TlIRU A1'I&mCBONDUfGCO.INc' NOTARY PUBUC-STATl! O~ F!.ORlDA ,''''''~ Katherine U . i t l~""\ .. CJ.':~IT.I~g .~~ ; ; CoIJlllllSSlOD # '.' l)7 01 '.' ........ ....' Expires: FED. 21 .' . ~~,~..iJr.D nlRtJATLANTlCBlY.\':)l~:\.o. GC-P-8 Agenda Item No. 16C1 September 15, 2009 Page 16 of 40 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agpeement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It;s hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressiy waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor ofa modified (later) commencement date. The undersigned further agrees to substantiaily complete all work covered by this Bid within One hundred eighty (180) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial. Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of Florida County of Lee Michael Sappah , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Michael Sappah , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-10 Agenda Item No. 16C1 September 15,2009 Page 17 of 40 (a) Corooration The Bidder is a corporation organized and existing Florida . which operates under BJ. Ente~prises, Inc. officers are as follows: under the laws of the State of the legal name of , and the full names of its President Michael Sappah Secretary Michael Sappah Treasurer Michael Sappah Manager The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnershio The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity GC-P-11 Agenda Item No. 16C1 September 15, 2009 Page 18 of 40 eolre..- Cou.nty .....~.~"..~~..."..~,..~....;\..~~,,,..,,.,,.-...,,,.,, Admi111S1YalNe Serl/lces DN,S1ct1 P'ur:::hasifJlJ Bid/RFP # 09 - 5291 Immigration Affidavit SCWR8 Upgrades to deep injection Title: '-"1'11' C:llY"g"" ",nn rn:"Qollr,:" r.o1 ipf cyat"pm This Affidavit is required and should be signed, notarized by an authorized principle of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, const~utjng a violation of the employment provision contained in 8 U.S.C. Section 1324 ale) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation Company Name Print Name BJ. Enterprises, Inc. Signature Michael Sappah ji1J:;-. ~~- Title President Date 8/7/09 STATE OF Florida COUNTY OF Lee The foregoing instrument was signed and acknowledged before me thiS 7 day of August ,2009 ,by Michael Sappah who has produced (Print,.or Type Name) \ ( VE:&!><>o.t4\-\.L'1 ''''' 11"".... ..J as identmcation. (Type of ~~tiO: and Number) Notary Publicl)lgnature 1l.f.\1'fl\t:U;iU<:; ~""",.b.,-.- Printed Name of Notary Public ~b7bl~o,> I ~JZdZ<'111 Notary Commissiorl Num6ei1Expiration NOTARYPUBUCoSTATE OF FLORIDA l~ KatJ1t:rine Harrington ~ qr,)Commlsslon # DD761305 '......'9 Expires: FEB. 21, 2012 BONDED nlRI} ATLAN'nc BONDlNU CO'1 INe. The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this .affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC-P-9 Agenda Item No. 16C1 September 15, 2009 Page 19 of40 fiJ~&k Witness ~~""./~ - Witness BY: Michael Sappah Name of Bidder (Typed) ~~ Igna ure President Title STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this ~ day of August 2009,by Michael Sappah ,as President of BJ. Eter rises, Inc ,Florida corporation, on behalf of the corporation. He/she is ersonally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: 2{ 2.\ \'Zol z.. HOTAIlYPUIl1'T~ 7.\Tr "'!".~'tlIJA li) l' "l:~I'()n NAME'. i 1: :'61305 .....n.....' '.2012 BQHDEDrlllo.... .~,._';.,;...~ _..........i.:...4:u.,INC. l~~ (Signature of Notary) 1(A1I1~~tJ l tlAA(2.\""'41;)--... (Legibly Printed) (AFFIX OFFICIAL SEAL) NOTARY PllJIUC.sTATE OF FLORIDA ..........i\ Katherine Harrington flAt -Commi5sion n "(,1305 ...WVExp' . ". '012 ..,.'11"1.... lI'es.' - >>OM)EDntRU^TI,M~r!\: ..,."j ..... ~"",IKC. Notary Public, State of ~'cl "'- Commission No.: ..1>1::1.., 'd3Q '" GC-P-12 Agenda Item No. 16C1 September 15, 2009 Page 20 of 40 BUSINESS CONTACT INFORMATION BJ. Enterprises, Inc. (Firm's Complete Legal Name) Main Business 6581 Slater Pines Dr (Address) North Ft. Myers FL 33917 (City, State, ZIP) Contact Name Michael Sappah Title President Phone No. 239 731-2333 FAX No. 239 731-5205 Email address:hienter2333@earthlink.net ****-*****************..************...*****************************************************-******* ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY If different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Email address: Office Servicing Collier County Account IPlace OrderslRequest Supplies (REQUIRED ONLY If different from above) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Email Address: GC-P-15 Agenda Item No. 16C1 September 15, 2009 Page 21 of 40 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign In the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed, 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been inciuded. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed. a. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: ~Bid Number; ~Project Name; ~Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified ooenina date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET BJ. Enterprises, Inc. ~ President . ignature & r DATE: August 7, 2009 GC-P-16 Agenda Item No. 16C1 September 15, 2009 Page 22 of 40 BID BOND , KNOW ALL MIIIN BY THESE PRESENTS, that we B.J. Enterprises. Inc. I (herein after called the Principal) and Westfield Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohig with its principal offices in the city of Westfield Center OR and authorizedllto do business in the State of Florida afe held and firmly bound Ulnto the Board of County Commissioners of Collier County FL (hereinafterlcaJJed the Owner), in the fuJJ and just sum of Five Percent! of Amount Bid ------------- dollars ($ 5% of Amt Bd ) good and lawftlli money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, th4ir heirs, and executors, administrators, and assigns, jointly and severally and firmly by t~se presents. Whereas, the l!>rlncipal is about to submit, or has submitted to the OWner, a Bid for furnishing allllllbor, materials, equipment and incidentals necessary to furnish, install, and fully comp~e the Work on the Project known as , SCWRF U~~rad8s to Deep Injection Well Surge and Pressure Relief System Bid No. 09.5291 . , NOW, TfIIEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL sh4j1l enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accorclance with the terms of such Bid, and give such bondllbr bonds in an amount of 100% the total Contract Amount as specified in the Bidding Datuments or Contract Documents with good and sufficient surety for the faithful perform,nee of the Agreement and for the prompt payment of labor, materials and supplies fumis~ed In the prosecution thereof or, in the event of the failure of the PRINCIPAL to tnter fnto such Agreement or to give such bond or bonds, and deliver to Owner the req':l!red certificates of insurance, if the PRINCIPAl shall pay to the OBLIGEE the fixed sum Ci $5% of Amt Bid noted above as liquidated damages, and not as a penalty, alll prOvided in the Bidding Documents, then this obligation shall be null and .' void, otherwise lo remain In full force and effect. Signed this 7th Day of August. 2009 Local Producing Agent for: . ~n:Zises. Inc. BY:~. ~ :t~r- W~~ Insur~ comp:; , .... --;;: I Ii ^~ Eileen C. Heard. Attorney-in-fact and Florida Licensed Resident Agent Westfield Insurance Company ~ .' ... . .- (siAl., PRINCIPAL: SURETY: By: (SEAL) GC-P.13 'H15 POWER OF ATTORNEY 5UPERCEDES ANY PREVIOUS POWER BEARING THIS SAME PoweR II AND Issueo PRIOR TO 09I101OS, FOR ANY PERSON OR PERSONS NAMED BELOW. CERTIFIED COPY Agenda Item No. 16C1 September 15, 2009 POWER NO. Pd!'9tffi~o40 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center. Ohio General PO'W'l!r of Attorney Knew /III Men by The.e Pre.encs, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter reterreCl to indlVi_dually as a "'Company" and collectively as .Compa:ues: duly orgamzed ana eXIsting under the Jaws at the State or Ohio, and having its prinCIpal office in Westfield Center, J"ledina County r Ohio, ao _by these presents make, constitute and ,appoint HIRAM P. HAMPTON II. RICHA>RD P. RUSSO, JR., PETER A. THOUSON, EILEEN C. HEARD,. TANYA L RUSSO, JOINTLY OR SEVERAllY or TAMPA and State of FL Its true and lawful Attorney(sHn-Fact. with full power and authority hereby conferred in lis name, place and stead, to execute, acknowledge and deliver any and all bands, recognizances, undertakings, or other instruments or contracls at surltyship~ .. .. .. _ . .. .. ... .. .. ... .. . _ . .. ~ .. "oo _ <00 . .. ~ _ . .. .. .. .. .. .. .. .. <00 .. .. . . .. .. .. .. .. ~ .. .. ~ <00 .. .. . .. ~ ~ .. . .. ~, LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY. MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Compantes thereby as tully and to the same extent as if slIch bonds were signed by the President, sealed with the corporate. seal at tlle appllca~e Company and duly attested by its Secretary. hereby ratifying 2nd confirming all that the said AUorney(s}-ln-Facl may do In tne premises. Said appointment Is mada under al1d by authority ot the fOllOWing resolution adopted by the Board or Directors at eaCh at the WESTFIELD INSURANCE COMPANY. WeSTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Se It Resolved. that the President, any Senior Executlverlny Secretary or any Fidelity & Sur~ty OperaUons l:xecutive or other Executhte Shall be and Is hereby vested with tull power and authority to appOint any one or more suitable persons as Attorne:y(sHn..Fact to represent and act tor and on behalf or the Companyi'subject to the tallowlng prevIsions: . . . The Attorney../n-Fact. may be given full pO'Net and authority tor and In the name ot and on behalf of the COmpany, to execute, acknOWledge and deliver any and all bonds, retognlzances1 contracts, agreements at indemnIty and other condItional or obligatory undertakings and any and all notices' and documents canceling or lermlnating the Company's liability thereunder, and any Such Instruments so executod by any sc'Ch Altorney-In-Fact shall be as biI'1cl1ng upon the Company as If signed by the President and sealod and altested by the Corporate Secretary: .8e it Further Resolved. th.t the signature of any such designated person and the seal of the Company heretotore Dr hereafter affixed to any power or attorney or any certificate relating thereto by facsimile, and any power or attorney or ce~lncate beartng facsimile signatures or facsImile seal shall be valid and bindin'g upon the Company with respect. to any bond or undertaking to WhIch It is attached.'" (Each adopted at a meeting held on February 8, 2000). In Witne.. Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their' Senior Executive and their corporate s=als to be hereto affixed tI'Ils. 10th day of SEPTEMBER A.D., 200B . . .~"".~ Corpora'. '4"U"A.~ ' Suls I': ~~~"".''''''' Cof' AI"_{~I/ -- \c:,V.' ~\..SEAL 1J ~"""_-/'l' Stat~ ot ~~:::.,r County or Medina SS.: ~~.'''''''''''.'''' ....~.v$~D.~.1!:!'V~~~~. lQ:..... ..~~.~~ Siit/ ....~: ~ii:; SEAL :1\~ ~~~ lmi ~~.. . '~8i ~~';-."~ ..... ~~ ...... ..........~.. .,~ ..... . ,"'~~ '........10'... . ....\iSliR;:-:-. 4~...-...~~ 1~~~UlTCR;(i\ ia, :",= \'"" :0,.- .'P....1B48 ...~i ,. '~..~.....,". #$ . ..' ".......".......... . WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY , .~. By: Richard L. Kinnaird. Jr., Senior Executive Slate or Ohio County of Medina 55.: William J. Kahelln, A 'Oey at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I. Frank A. Carrino, Secretary 01 WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certlly that the Ibove and foregoing Is a true and correct COpy of a Power 01 Altorney. O_Ulcd by SII. Companies, Which Is Stili In full rorce and effe.~ and furthermore, the resOlutions of Ine Boards 01 Directors, set oulln the Power of Altorney are on lull force and effect. ~ Wilne. Wt:e~ ~~';.i her~~~~~,,~~ my ha~ ancl ::~ Ihe seals of said Companies al WesWeld Cenlor, Ohio, this I day 01 'l Il.t ~ ", O"'''t '" ""'~~~'"'.., . ~-=.' "~#..~~~....:.-.!.~i~... . ..i!"A~_.....~,.. ::..... . ~; - \" :-.J/ ..,.-:. I~..' _ ...., ~ ~ S{St<ltt i;' ff{ S'EAL \'7;\ 1",(t.I\UTCRE4\i\ "1:-' J.' d I -,. J:cJU.. j;: =:j;' ,m, !~a: ::.! r~ \ ~\ r., .,..... -"""~'" 1848 :4:~ Frank A. Carrino, ecre! S'_OI)O ,........~ ,."""r \-:;:....... ....,"J.;~ .~'" _ ....i"'li'l ........ ~. ". ..... "..-..... ~ .... ._'h'. ..... .'. ..~.... ....... ..........~.,....... ~...........od". .............-.... Agenda Item No. 16C1 September 15, 2009 Page 24 of 40 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA SCWRF Upgrades to Deep injection Well Surge and Pressure Relief System . BID NO. 09-6291 FuN Name of Bidder MITCHELL & STARK CONSTRUCTION CO., INC. Main Business Address 6001 SHIRlEY STREET, NAPlES, FLORIDA 34109 Place of Business 6001 SHiRlEY STREET, NAPLES. FLORIDA 34109 Telephone No. 239-597-2165 Fax No. 239.566-7665 State Contractor's License # CUC046202 To: BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties Interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that It has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda Issued thereto and acknowledges receipt below: Addendum Number I Date Issued 7h-z-J,q . I Contractor's Inliia~ / Bidder proposes. and agrees If this Bid Is acc:epted, Bidder will execute the Agreement Included in the Bidding Documents, to provide aU necessary machinery, tools, apparetus and other means of construction, indu:ding utility and lnlnsportatlon services necessary to do aU the Work, and furnish aU the materials and equipment specified or referred to In the Contract Documents In the manner and time herein prescribed and according to the requirements of the Owner as therein set forth. furnish the Contractor's Bonds and Insurance specified In the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents. and thaI ft will take fun paymentlhe sums set forth in the following Bid Schedule: NOTE; If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. - GC-P-1 Agenda Item No. 16C1 September 15, 2009 Page 25 of 40 :'::~.:. COLLIER COUNTY QUOTE NO. 09-5291 QUOTATION OPENING DATE 08/07/00 SURGE RELIEF VALVE UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY COLLIER COUNTY PUBLIC UTILITIES DIVISION Item Estimated No. Description Quantity Total 1 Mobilization, Bonds and Submittals (Maximum 4 % ofTotal Price) lump Sum $7,500.00 2 Furnish and install two new surge relief valves, modify two existing surge relief valves, remove and dispose of two existing surge relief valves, startup and training on the new and modified valves, furnish and install discharge piping from four surge relief valves, maintenance of traffic, paving, painting, restoration, and all appurtenances and other required Contract Work not included In other Bid Items. lump Sum $125,154.00 3 Furnish and install electrical and SCADA materials and features associated with the limit switch on each of four surge relief valves. Provide startup and demonstration of electrical and SCADA features described in the Contract Documents. lump Sum $48,600.00 4 Contingency Allowance for Unforeseen Conditions subject to Owner's Approval lump Sum $10,000.00 TOTAL PRICE FOR ITEMS 1, 2, 3 and 4 $191,254.00 Agenda Item No. 16C1 September 15, 2009 Page 26 of 40 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confinn by signature that they will provide the manufacturei'll and materials outUned in this Bid specffications. exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material Is proposed and listed below and Is not approved by Engineer/Project Manager, Bidder shaH furnish the manufacturer named In the specification. Acceptance of this fonn daBS not constitute acceptance of material proposed on this list. Complete and sign section A QB. B. Section A (Acceptance of all manufactures and materials .in Bid specifications) On behalf of my finn. , confirm that we will use all manufacturers and materials as specifically outlined in the Bid specIficatIons. Company: MITCHEll. & I6.RK CONS TION CO., INC..... .~.......~.,:'o\;'::.:~:. : Signature: " ;1 """~"<':"'~ ::. . .' ~:-:';'.'!;"{~'.~. Date: BnJ09-' , Sec:t1on B (exception requested to Bid speclficatlons manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additlonal pages as necessary. Com"""": MITCHEU~U.~~~"9T'10IIIS:O.?;;,~c.~.,,:. ~., .. .~. ..~...~... ."~' "':. ..... '."..~,....'. "- " - . ~. ...~.~:IlI!'. .' ...--:....:;.. Signsture: '" . ':.' ': , '". . , . . Dale: smorr:.~' .' . -\~.,. GC-P-3 Agenda Item No. 16C1 September 15, 2009 Page 27 of 40 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges Its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (asdelined in Ordinance 87-25 and SectIon 15 of Instructions to B1dders).and meet all legal requirements applicable to and necessitated by the Contract Documents, including. but not. limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualifled Subcontractors in Its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to OWner, which is found tei be non-compl/ant with this requirement either before or after the issuance of the Award of Contract by Owner, (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promplly after the Award of Contract, and in accordance with the requiraments of the' Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identffled for any portion of work on this Project must be qua6fied as noted above. 1. Major Category of WOJk Jdljfv,~ Subcontractor and Address 2. 3. Ur..,l{- <~ )J~ F-l- , I 4. 5. Compcmy: MITCHELL & STARK CO!'4SJ:R~C;TI9.~.qQ:;,1.~..;.' , Slgnatu;e:' .: '.'~ ';., . ",:.::J!~~~,,:. Date; Smog 1.-" GC.p-4 Agenda Item No. 16C1 September 15, 2009 Page 28 of 40 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect & Location Reference 1 Verandah - Ft. Myers Florida MR. RALPH HASKINS 2. MARBELLA LAKES - NAPLES FLA DAVID COBB 3. AVE MARIA - NAPLES FLORIDA MICHAEL HUENEKEZ MAGNOLA LANDING - Fl. MYERS JIMMY CONNERS 4. FLORIDA REFLECTION ISLES - FT. VANESSA RICHTER 5. MYERS FLORIDA LEE BL YD. - FT. MYERS FLORIDA' TIM KAPP 6. Date 8/7 /09 Mitchell & Stark Construction CO. INC', Bidd~ V BY GC-P-5 Agenda Item No. 16C1 September 15, 2009 Page 29 of 40 TRENCH SAFETY ACT Bidder acknowledges that incbJded In the various Items of the bid and in the Total Bid Price are costs for complying with Ihe Florida Trench Safety Act. (90-96, laws of Florida) effective October 1. 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure CDescrlotion) Units of Measure (LF.SY) Unit (Quantitv) Unit Cost Extended Cost 1. 2. 3. 4. 5. s;ro("c-"', . 100 I.-r I /c> 0 TOTAL $1'6> ~ Failure to complete the above may result in the Bid being declared non-responsive. Dated 817109 MITCHEll & STARK CONST. co.. INC. B~ ~ BY: GC.P-6 Agenda Item No. 16C1 September 15, 2009 Page 30 of 40 eo1N:r County - --- AFFIDAVIT FOR CLAIMING STATUS AS A lOCAL BUSINESS ITS #:09-5291 (Check Appropriate Boxes Below) STATE OF FLORIDA / AND ut COLLIER COUNTY 0 lEE COUNTY PROPOSERlBIDDERlQUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION Xl OF THE COLUER COUNTY PURCHASING POLICY; A "Iocafbuslness' is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addilJon to the foregoing, a vendor shall not be considered a "local business. unless it contrlbutes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This maYindude, but not be limited to. the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligibla for consideration as a .'ocal busIness" under this section. Please provide the following information for the Proposer/Bidder/Quater: Year Business Established in rslcOllier County or 0 Lee County: 26 Number of Employees (Including Owner(s) or Corporate Officers): 160 Number of Employees Uving in ri Collier County or uzrLee (Including Owner(s) or Corporate Officers): 140 GC-P-7 Agenda Item No. 16C1 September 15,2009 Page 31.of40 If requested by the County, proposerlbidder/quoter will be required to provide documentation substantiating the informatlon given in this affklavlt. Failure to do so will result in proposerlbidder/quoter's submission being deemed not appj{cable. MITCHEll & S1 ARK CONSTRUCTION CO., INC. Proposer/Bldder/Quoler Name ~ Signature CEO I VP TIlle STATE OF FLORIDA o COLLIER COUNTY 0 LEE COUNTY Swom to and Subscribed Before Me. a Notary Public, for the above State and County, on this 7 Day of AUGUST , 20~. BELINDA BURGBACHElR. tf- -:7' ~ If Notary Publl NOTARY POllLlCoSTAl'!: OF l'LORU::A ;'"""'ro. Belinda Burgbacher r.jCmnDllllslollIDD62045S '<;,,~ Explns: JAN. 22. 2011 1SONJ)ED 1BI0 M'lAN'neJJQ:cnlt<<l 00.. INe. My Commission Expires: 1122111 (AFFIX OFFICIAL SEAL) GC-P-8 Agenda Item No. 16C1 September 15, 2009 Page 32 of 40 cJt,. Countat --~ A<tli "'allve Sor\'IQea CMsiCii -"""'l lmmlgratlon AffidavIt TJtIe: SCWRF UPGRADES TO DEEP INJECTION WEll SURGE AND PRESSURE RELIEF SYSTEM This Affidavit is required and should be signed. notarized by an authorized principle of the firm and submitted with formal Invilalions III Bid (ITS's) and Request for Proposals (RFP) su!lmlllals. Failure to Include this Affidavit wllh proposal will dalay In the conslderatlon and revlawlng of vendor's proposals and ctluld result In the vendOl's proposal baing deemed non-responsive. BldIRFP #09-5291 Collier County will not iritenllonally award County contracts to any vendor who knowingly employs unauthorized afoen workers, cons~tutlng a violetlon of the employmant provision contained In 8 U.S.C. Section 1324 ale) Section 274A(e) of the ImmlgrB1lon and NaUonallty Al:;t ("INN). Comer County may considar the employment by any vendor of unauthorized atiens a violation of Section 274A (e) of the INA. Such VIolstJon by the recipient Of the Employment ProviSIons contained In Seellon 274A (a) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor sliest!; lhatlllay are fully compliant with an applicable immigration laws (specifically to the 1988 Immigration Act and subsequent Amendment(s)) and agrees 10 abide by Collier County Employment Eligibility Verification System requi"emenls regarding this eoflCilallon. Company Name Print Name MiTCHEll & STARK CONSTRUCTION CO., INC. BRIAN PENNER ~ Tille CEO I VP Dale 81T/09 Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was slgned end acknowledged: before me this I--day 01 AUGUST . 2009 . by BRIAN PENNER who has produced (Print or Type Name) KNOW PERSONAlLY as Identiflcation. e of Iden KO'lA.'W P1!IlLlC-STATE Onl.OlUllA .......,,1\ Belinda Burgbacher I Coaunl$lioo #DD6204SS \, Y Explm: JAN. 22, 2011 BoiIDiD nuuATLAlft'lCDOCJHOco., U(c. The signee of this Affidavit guarantees. as evidenced by the sworn affidaVIt required herein. the truth and accuracy of this affldavn to Inlerrogatorle. hereinaller mad:e. conler County res"""," the right, at any time, to request supporting documentation as evldenoe of the vendor's compl1ance with thJ$ &wom affidavit GC-P-9 Agenda Item No. 16C1 September 15, 2009 Page 33 of 40 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Ag~eement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as requIred by the Contract Documents. The bid security attached Is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, It being recognized that, since time Is of the essence, Owner will suffer Ilnanclalloss If the Successful Bidder fails to execute and deliver to Owner the reqUired Agreement, Insurance CertiflClltes and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages,' will be difficult, if not Impossible, to derll'lltely ascertain and quantify. It is hereby agreed that It is approp~ate and fair that Owner receive liquidated damages from the Successful Bidder In Ihe aventlt fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquiShes eny right which It may have to seek to charecterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement. Insurance Certificates. and Bonds in a timely manner. . Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commenCement date stipulated In the written Notice to Proceed unless the Project Manager, In writing, subsequently notiflllS the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One hundred eighty (180) consecutive calendar days, computed by eXCluding the commencement date and including the last day of such period, and to be fully completed to ttle point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. . Resoectfutlv Submitted: State of flORIDA County of COLLIER BRIAN PENNER .' . being flrst duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent Is authorized to make them. BRIAN PENNER , also deposes and says that it has axamined and carefully prepared it1I Bid from the Bidding Documents, Including the Contract Drawings and Specifications and has checked the same in detail before SUbmitting this Bid; that the statements contained herein are true and correct. GC-P-10 - ........:...ei;... Agenda Item No. 16C1 September 15, 2009 Page 34 of 40 (a) Corooration The Bidder is a corporation organized and existing under the laws of the State of INDIANA . which operates under the legal name of MITCHEll & STARK CONSTRUCTION co" INC. .. and the full names of fls officers are as follows: President FRED HARRlSION Secretary, BRIAN PENNER Treasurer FRED HARRISION Manager BRJANPENNER The BRIAN PENNER is' authorized to sign construction bids and contracts for the company by action of its . Board of Directors taken 12128/08 . a certified copy of which Is hereto attached (strike out this last sentence If not applicable). (b) Co-Partnershio The Bidder is a co-partnership consisiing of individual partners whose fun names are as follows: The co-partnership does business under the legal name of: (0) Individual The Bidder Is an individual whose full name is and If operating under a trade name, said trade name is DATED 817/09 legal entity GC-P-11 Agenda Item No, 16C1 September 15, 2009 Page 35 of 40 Witness ~ tk.......... _ BY: MITCHELL & STARK CONST. CO.. INC. Name of Bidder (Typed) ~-.r:='"' Signature Witness CEO I VP Tltle STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowledged before me this 1-- day of AUGUST 2009. by BRIAN PENNER . as CEO I BP of MITCHELL & STARK CONSTRUCTION CO., INC, . a INDIANA corporation, on behalf of the corporation. He/she is pel'$Onally known to me or hiiS produced . as identifICation arid did (did not) take an oath. My Commission Expires: ~~;;:L--' lSignatu'f of Notary) NAME: BELlNOA,BURGBACHER (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of FLA Commission No.: 00620455 ""tAl<\' l'iIIIl,ICo4tATlI 01' tl.C1UllA l~"\ Belinda BUl'8bacher ; ~ jCoiDlll.lS8lon #D0620455 ""_:.<" Explre/: JAN. 22, 2011 lIOHDRD'JIUW A1'1.NmCBONfJINOco., J.NC, GC-P.12 Agenda Item No. 16C1 September 15, 2009 Page 36 of 40 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we MiteheD and stark Construction Co" Ine. (herein after called the Principal) and Fidelity and Deooslt Como.nv of Marvland (herein called the ~urety), a corporation chartered and existing under the laws of the state of Marvland with its principal offices in the city of Baltimore and authorized to do business in the State of Florida are held and fundy bound unto the ColDer County Board of Commissioners (hereinafter called the Owner, in the fun and just sum of Five Percent of Maximum Bid Amouut dollars ($ 5% ) good and lilwfuI money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposaIfor furnishing aU labor, materials, equipment and incidentals necessary to furnish and install: Bid No. 09-5291 SCWRF UDI!1'ades to DeeD Iniectlon Well Surl!e aDd Pressure Relief System NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of 100 Percent of the total Contract price each in a fQrm and with security satisfactory to the said Owner, th.en this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereofin good and lawful money of the United states' of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 7th day of AUllUst ,Zl!Q2 MITCHELL AND ST Principal By (Seal) ON CO. INC. OF MARYLAND Countersigned Local Resident Producing Agent for Florida Agenda Item No. 16C1 September 15, 2009 Page 37 of 40 Power of Attorney FIDEUTY AND DEPOSIT COMPANY OF MARYLAND . KNOW AU. MEN BY THE.~E PRESENTS: That the FIDELITY AND DBPOSIT COMPANY OF MARYLAND, a co!]>ora"on ofllic Stale of Maryland, by WILLIAM J. MILLS, Vicc President, and BRIC D. BARNES, Assistant Secretary, in pursuanCe of authority granted by Article VI, Section 2, of the By-Laws of said Compaay. . are set forth on the reverse side hereof and are hereby certified 10 be in full force and effect on .the dal y iIominate, constitute and appoinl Anthony E. ORTMAN. Jo HOLLINGSWORm and of lndlaaapolls, . 'adblllll. EACH its lrue and lawful agenl and AlIomey-in-F , , and on its behalf as surely, and as its act and deed: lID)' and all 110 , ~<!1 h bonds or undertaking. in pursUaneeOfthesepresenlS'~lIbeas . . 0 ~tlIt> ply, to all intenlSand purposes. as If they had been duly executed and ere i dfMr!\ of the Company at ilS office in Baltimore, Md" in tbeir own proper pc~ . ''''lied on behalf of Anlhony E.. ORTMAN. Andrew M. HA'IlIBWAY,Jo . M. JOACHIM. dated Augusl29,200S. The said Assistant ~ cenify that the extract set forth on !he revase side hereof is a lIoc copy of Article VI. Se<:lion 2, of the By-~~, an<! is now ill ron:e. . IN WITNESS WHEREOF, Ihe said Vice-Presiden't and ^"sistanl Secretary have hereunto lubscribed their names and affixed the Corporale S<.oa1 of the said FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, this 23rd dlY of JlDuary, A.D.2O(fl. ATTEST: F1DEUTY AND DEPOSIT COMPANY OF MARYLAND .~/),~ By: Assisranl SecrelaT)' William J. Mill, / . .11 1/ ;? 00,.1'1 /, i/,"-'1:( '.'l " i Eric D. Barnet Vice President Stale of Maryland }SS' City of Baltimore . On thi. 23rd day of January, A.D. 2007, before the subscriber, a Notary Public of lhe Slate of Maryland, duly commissioned and qualified, came Wll.LlAM J. MILLS. Vice President, and ERIC D. BARNES, Assistant Secret8l)' of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known 10 be the individuals IDd officers descrihed in and who execuled the preceding inslrUJDCnl, and Ihey each acknowledged the executioa of thC same, nod being. hy me duly ,worn, severally and each for himself deposellt and saith, tballhey are the said officers of the Company aforesaid, and that the seal affIXed to the preceding inSlnIment is the Corporale Seal of ,aid Company. and that the said CorpmalC Seal and their signalunos lIS aueb officers were duly affixed and suhscribed to lhe said wlnImenl by the aulhorilY and direction of the said 'Corporlltion. IN TESTIMONY WHEREOF, I have hereunto sel my hand and amxed my Official Seal the day and year fin' above written. ~...\\\\V~~:~'II't: .'.It\!,....,_~OC".~ l r~c'IYr ~\ ~~l' ''':''r \t.~IIC,J,.$ il'Go;tlli.O&~~..~ ""'111'''' ~D~ Maria D. AOonuld Norary Public My Commission Expires: July 8, 201 i PQA-F 044-A Agenda Item No. 16C1 September 15, 2009 Page 38 of 40 BUSINESS CONTACT INFORMAnON MITCHell & STARK CONSTRUCTION CO., INC. (Firm's Complete Legal Name)' Contact Name BRIAIi PENNER Title CEO I VP 6001 SHIRLEY STREET (Address) NAPLES. FLORIDA 34109 (City, State, ZIP) Phone No. 239-597-2165- FAX No. 239-56f3-7865 Emall address:bpenner@m~chellslarl<.com MaIn Business ..............**"..,.~__.____...._U...J..r;L,I......,...,.......*""*ilI4....".__~l.uaJ........uA 1,1..I.,U.......u.....,.................. _ ADOmoNAL CONTACT INFORMATION SInd Payments To (REQUIRED ONLY If different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Emall address: OffIce Servicing Collier County Account /Place OrderslRequest Suppll.. (REQUIRED ONLY If different from above) (AddressJ (City, Stale, ZIp) Contact Name Titll Phone No. FAX No. Emall Address: GC-P-15 Agenda Item No. 16C1 September 15, 2009 Page 39 of 40 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLUeR COUNTY. FLORIDA purchasing Department BIDDERS CHECK UST IMPORTANT: Please read carefully, sign In the spaces Indicated and return with your Bid. Bidder should ctieck off each of the following items as the necessary action Is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totels have been checked. 4. MY r'equlred drawings, deserlptive literature, etc. have been included. 5. MY delivery information required is Included. 6. Local Vendor Preference AffIdavit completed. 7. Immigration Alfldilvlt completed. 6. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been Included. 9. My addenda have been signed and included. 10. The malUng envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Bu IIdlng 3301 Tamlami Trail, East Naples, Florida 34112 11. The mailing envelOpe !!l!!!!1 be sealed and marlled with: ~Bld Number; ~Pl'Cllect Name; ~Openlng Date. 12. The Bid will be mailed or delivered ii1 time to be received no later than the specified aoenlne dale and time. (otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PRO.JECT NAME ON THE OUTSIDE OF. THE COURIER PACKET MITCHEll & STARK CONSTRUCTION CO.. INC. Bidder Neme .~ Signature & Title CEO/VP DATE: en/os Gc.p.'e ~O>O uo..;- ",0_ ~NO "t.riO ~~""" ~<D E<DOl <D.o '" ",En. ",$ "0 Q. e<D Q)UJ Ol <{ N ..t .... en M .... o z - t.> .. '0 .... D.. E .. - III >. II) - .S! Qj D:: .. .... :::l III III .. .... D.. -0 c: III .. Cl ... :::l II) Qj ~ c: o :;:: t.> .. .~ .E c. .. .. o .. ..c: - o - III .. -0 III .... Cl c. ::l ll- D:: ~ U II) ~ 5'" ,..._;:;_..~-' ~ .., 5 o -....-N N ~ 5 -..-.. ~ ~ 5 --..-. 't 5 _..~-;t,'-""-'. ~ N 5 C; -""-."," N <;:! 5 -..-. ~ ~ 5 - -..-. 't 5 -"-",-"-' ~ .:: a ~_...._~ 5 N ~ it ~ ~ 5 _...._~ 5 """.--M~-"._. ~ o 5 o ...O-i.... N ~ 5 o ~ >- """""';" LL ~ 5 I- -..-. '.' 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