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Agenda 12/10/2019 Item #11J (Contract #19-7601 - Intercounty Engineering, Inc.)
12/10/2019 EXECUTIVE SUMMARY Recommendation to award Agreement No. 19-7601, “South County Water Reclamation Facility (Filter) Set 3-4 Rehabilitation" (Project Number 70148), to Intercounty Engineering, Inc., in the amount of $1,893,990, and authorize the Chairman to execute the attached agreement. OBJECTIVE: Provide reliable, sustainable, and regulatorily compliant services by rehabilitating effluent filters at the South County Water Reclamation Facility (“SCWRF”). CONSIDERATIONS: The proposed scope of work under Project Number 70148, “Water Reclamation Facilities Technical Support Projects,” is consistent with the FY2020 Budget approved by the Board of County Commissioners on September 19, 2019. This project will upgrade effluent filter Numbers 3 and 4 at the SCWRF by providing more reliable equipment. This project also replaces four effluent flow control gates and provides additional gates that will improve maintenance and operational flexibility at the plant’s effluent filtration and disinfection facilities. These effluent filters provide 4.0 million gallons per day of wastewater treatment and IQ water production. The effluent filters play a critical role in the wastewater treatment process and the production of Irrigation Quality (“IQ”) water. These filters are required to operate continuously, 24 hours a day, seven days a week, 365 days a year. The existing filters and gates are approximately 29 years old. Within the last year, both filters have had performance problems requiring them to be taken out of service for extended repairs. To remain in compliance, approximately every 3-5 years, the filters need to be disassembled, rebuilt and re-caulked; a process that takes 8-12 weeks. In the last twelve months, the County has spent $390,000 on maintaining all SCWRF filters. The proposed new filters utilize a different technology that replaces the underdrain plates and caulking with a slotted plastic pipe. This technology has been proven to be effective at the NCWRF in Filter Set No. 1 installed in 2012. On July 12, 2019, the Procurement Services Division posted Invitation to Bid 19-7601 for construction of the South County Water Reclamation Facility (SCWRF) Set 3-4 Rehabilitation. The County issued 12,250 notices, and interested bidders viewed one thirty-seven (137) bid packages. On August 28, 2019, the County received six (6) bid responses as summarized below. Company Name City County ST Base Bid Responsive/ Responsible Intercounty Engineering, Inc Pompano Beach Broward FL $1,893,990 Yes/Yes PWC Joint Venture, LLC Fort Myers Lee FL $2,025,000 Yes/Yes BLDM USA, LLC Coral Gables Miami-Dade FL $2,226,400 Yes/No Florida Design Contractors, Inc. Lake Park Palm Beach FL $2,658,000 Yes/Yes Douglas N. Higgins, Inc. Naples Collier FL $2,692,000 Yes/Yes Mitchell & Stark Construction, Co. Naples Collier FL $2,968,940 Yes/Yes Staff reviewed the bids received and determined that BLDM USA, LLC is non-responsible for providing a General Contractor’s license unrelated to that entity. Based on the bids received, Intercounty Engineering, Inc. is the lowest, responsive and responsible bidder, with a bid approximately 1% above the Engineer’s estimate. 11.J Packet Pg. 1334 12/10/2019 Staff therefore recommends that the contract be awarded to Intercounty Engineering, Inc. for a total contract amount of $1,893,990.00. In its letter dated September 12, 2019, engineering firm Hole Montes, Inc. conducted a background check on the contractor and recommended awarding the construction agreement to Intercounty Engineering, Inc., who has an adequate performance record on previous, similar, utility-related projects. The bid specifications informed the bidders that there may be unforeseen conditions associated with the project. The bid amount incorporates an allowance of $170,000 for owner-directed additional work. The price for any additional work will be negotiated prior to commencement in accordance with the County’s Purchasing Ordinance and the terms of the agreement. FISCAL IMPACT: The source of funding is Wastewater User Fees, Fund (414). The project is anticipated to complete in 2021. Using today’s dollars, the total cost to replace the asset is $1,893,990, with a life expectancy of 20 years for the new filter and influent gates generate an approximate annualized capital cost of $94,700. The operating budget impact of the completed project is reflected in the table below. The funding source will be user fees. Elements FY2020 FY2021 Cumulative FY2021 - FY2041 Operating and Maintenance $31,000 $620,000 Capital Outlay $1,893,990 Total Operating Costs $31,000 $620,000 Cost Savings -$91,000 -$1,820,000 Net Operating Effect -$60,000 -$1,200,000 Operating costs reflect an estimate of the funds needed in the annual operating budget for each fiscal year. The existing filtration equipment and new equipment are assumed to have the same operational and general annual maintenance costs of $31,000. Replacement of the filters with newer technology eliminates the cost of replacing the underdrain plates and caulking which have an annualized cost of approximately $60,000. The estimated operation and maintenance costs do not include the cost of routine labor required at the facility; no change in staffing is expected because of this project. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 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, awards Contract 19-7601, “South County Water Reclamation Facility Set 3-4 Rehabilitation," to Intercounty Engineering, Inc., in the amount of $1,893,990, and authorize the Chairman to sign the attached agreement. Prepared By: Wayne Karlovich, Senior Project Manager, Public Utilities Engineering and Project Management Division 11.J Packet Pg. 1335 12/10/2019 ATTACHMENT(S) 1. 19-7601 Bid Tabulation (PDF) 2. EPMD Bid Analysis (PDF) 3. 19-7601 - DELORA (PDF) 4. 19-7601 - NORA - Executed r1 (PDF) 5. [Linked] 19-7601 Intercounty_Contract_VendorSigned-with Bonds (PDF) 6. 19-7601 Intercounty_COI_11-14-19 (PDF) 7. Presentation 19-7601 SCWRF Filters 3-4 (PDF) 11.J Packet Pg. 1336 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.J Doc ID: 10872 Item Summary: Recommendation to award Agreement No. 19-7601, “South County Water Reclamation Facility [Filter] Set 3-4 Rehabilitation" (Project Number 70148), to Intercounty Engineering, Inc., in the amount of $1,893,990, and authorize the Chairman to execute the attached agreement. (Tom Chmelik, Public Utilities Engineering and Project Management Director) Meeting Date: 12/10/2019 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Wayne Karlovich 11/14/2019 12:33 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 11/14/2019 12:33 PM Approved By: Review: Wastewater Robert Edge Additional Reviewer Completed 11/14/2019 12:36 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/14/2019 12:50 PM Water Steve Messner Additional Reviewer Completed 11/15/2019 9:15 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/15/2019 10:27 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 11/15/2019 11:03 AM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 11/15/2019 4:33 PM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 11/15/2019 4:42 PM Procurement Services Evelyn Colon Additional Reviewer Completed 11/18/2019 10:32 AM Procurement Services Priscilla Doria Additional Reviewer Completed 11/18/2019 3:37 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/19/2019 10:14 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/22/2019 9:05 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/22/2019 2:10 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2019 3:12 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/24/2019 12:45 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 8:18 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2019 8:33 AM 11.J Packet Pg. 1337 12/10/2019 Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 11.J Packet Pg. 1338 Bid No:19-7601 Solicitation Strategist:Kris Lopez Notices Sent:12,250 Bid Title:SCWRF Set 3-4 Rehabilitation Solicitation Strategist:Jim Flanagan Vendor Views:143 Bid Opening:August 28, 2019 @ 3:00 pm Project Manager:Wayne Karlovich Bid Responses:6 COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT - EPMD PROJECT # 70148.9.1 BID TABULATION BIDDER:Intercounty Engineering, Inc PWC Joint Venture LLC BLDM USA LLC Florida Design Contractors Inc.Douglas N. Higgins, Inc Mitchell & Stark Construction Company, Inc.ENGINEER's ESTIMATE Item No.Description Units Estimated Quantity Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total 1 Mobilization/Demobilization (Not to Exceed 10% of Total of Items 1-12)Lump Sum 1 $50,000.00 $50,000.00 $200,000.00 $200,000.00 $205,000.00 $205,000.00 $150,000.00 $150,000.00 $252,000.00 $252,000.00 $191,400.00 $191,400.00 $150,000.00 $150,000.00 2 Demolition of Filter No. 3 & 4 Lump Sum 1 $280,000.00 $280,000.00 $80,000.00 $80,000.00 $40,100.00 $40,100.00 $110,000.00 $110,000.00 $200,000.00 $200,000.00 $171,200.00 $171,200.00 $60,000.00 $60,000.00 3 Filter No. 3 & 4, Equipment & Material Lump Sum 1 $1,001,990.00 $1,001,990.00 $900,000.00 $900,000.00 $758,000.00 $758,000.00 $950,000.00 $950,000.00 $980,000.00 $980,000.00 $788,940.00 $788,940.00 $300,000.00 $300,000.00 4 Filter No. 3 & 4, Miscellaneous Modifications & Installation Lump Sum 1 $140,000.00 $140,000.00 $250,000.00 $250,000.00 $241,000.00 $241,000.00 $190,000.00 $190,000.00 $670,000.00 $670,000.00 $291,960.00 $291,960.00 $500,000.00 $500,000.00 5 Filter Gates S-7 & 8 Lump Sum 1 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $61,400.00 $61,400.00 $45,000.00 $45,000.00 $20,000.00 $20,000.00 $38,380.00 $38,380.00 $35,000.00 $35,000.00 6 Influent Channel Gates S-14 & 15 (Phase 1)Lump Sum 1 $20,000.00 $20,000.00 $60,000.00 $60,000.00 $197,500.00 $197,500.00 $230,000.00 $230,000.00 $50,000.00 $50,000.00 $562,790.00 $562,790.00 $210,000.00 $210,000.00 7 Influent Channel Gates S-1, 2, 3 & 4 (Phase 2)Lump Sum 1 $25,000.00 $25,000.00 $45,000.00 $45,000.00 $76,500.00 $76,500.00 $200,000.00 $200,000.00 $25,000.00 $25,000.00 $246,830.00 $246,830.00 $85,000.00 $85,000.00 8 Influent Channel Gates S-11 & S-13 (Phase 2)Lump Sum 1 $15,000.00 $15,000.00 $45,000.00 $45,000.00 $76,500.00 $76,500.00 $150,000.00 $150,000.00 $50,000.00 $50,000.00 $92,090.00 $92,090.00 $60,000.00 $60,000.00 9 Influent Channel Gates S-10 & 12 (Phase 3)Lump Sum 1 $15,000.00 $15,000.00 $45,000.00 $45,000.00 $76,000.00 $76,000.00 $130,000.00 $130,000.00 $50,000.00 $50,000.00 $68,850.00 $68,850.00 $60,000.00 $60,000.00 10 Influent Channel Gate S-9 (Phase 4)Lump Sum 1 $14,000.00 $14,000.00 $30,000.00 $30,000.00 $110,650.00 $110,650.00 $100,000.00 $100,000.00 $15,000.00 $15,000.00 $69,500.00 $69,500.00 $65,000.00 $65,000.00 11 Plant Service Water Modification & Extension Lump Sum 1 $18,000.00 $18,000.00 $25,000.00 $25,000.00 $70,100.00 $70,100.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 $79,000.00 $79,000.00 $25,000.00 $25,000.00 12 Electrical and I&C Work Lump Sum 1 $120,000.00 $120,000.00 $150,000.00 $150,000.00 $143,650.00 $143,650.00 $208,000.00 $208,000.00 $170,000.00 $170,000.00 $198,000.00 $198,000.00 $150,000.00 $150,000.00 13 Allowance fund for Owners Use as Directed. This fund will be used only at the Owner's direction to accomplish work due to unforeseen conditions. Inclusion of the Allowance Fund as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance Fund. To be determined. See Specifications 1 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 $170,000.00 TOTAL PRICE FOR ITEMS 1 THROUGH 12 $1,893,990.00 $2,025,000.00 $2,226,400.00 $2,658,000.00 $2,692,000.00 $2,968,940.00 $1,870,000.00 handwritten total:$2,488,000.00 add Allowance $170,000.00 Opened by:Jim Flanagan actual total $2,658,000.00 Witnessed by:Patrick Boyle Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Bid Schedule Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 3 references Y 5 references Y Y Y Y Y Y Y Y Y Y Y Y Y Y Not CC Bid Form Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y n/a n/a n./a Y Y Y Y Y Y Y Y Y N verified on-line Y N verified on-line Y Y Y Copy of Certificate of Athority to Conduct Business State of FL Y Y N verified on-line Y Y Y Copy of General Contractor License Y Y Urban Development Services Y Y Y Strategist verify License on-line Y Y N Lic: Raul Colon Y Y Y Strategist verify Business Registration in State of FL Y Y Y Y Y Y Strategist verify Insurance and Bond Y confirm pollution Y Y Y Y confirm pollution N Not CC Bid Form Strategist verifyAll forms completed and signed.Y Y Y Y Y Y Office Location Pompano Beach FL Ft Myers Coral Gables, FL Lake Park, FL Naples, FL Naples, FL County Broward Lee Miami-Dade Palm Beach Collier Collier Copy of Company's E-Verify profile page or MOU Immigration Affidavit Certification (Form 11) Vendor Substitute W-9 (Form 12) Bidders Checklist (Form 13) Business Tax Receipt (Collier County) Addendums Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Bid Response Form (Form 1) Exhibit N - Contractors Key Personnel Assigned to the Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) 11.J.1 Packet Pg. 1339 Attachment: 19-7601 Bid Tabulation (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) $0.00 $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 Eng Est BLDM USA LLC D.N. Higgins Florida Design Constractors Intercounty Engineering Mitchell & Stark PWC Joint Venture Bid Results for Bid No. 19-7601 (SCWRF Set 3-4 Rehabilitation) KEY: Dashed Green- AVERAGE BID Dashed black- +/-1 std dev of avg bid Dotted red- +/-20% of eng estimate for horizontal construction 11.J.2 Packet Pg. 1340 Attachment: EPMD Bid Analysis (10872 : Approve Agreement 19-7601 with Intercounty Engineering for 11.J.3Packet Pg. 1341Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1342Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1343Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1344Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1345Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1346Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1347Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1348Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.3Packet Pg. 1349Attachment: 19-7601 - DELORA (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Rehabilitation) 11.J.4 Packet Pg. 1350 Attachment: 19-7601 - NORA - Executed r1 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT ("Owner") hereby contracts with Intercounty Engineering, Inc. ("Contractor") of 1925 NW 18 Street Pompano Beach, FL 33069, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications, Invitation to Bid No. 19-7601 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, INC., the Engineer and/or Architect of Record ("Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract_ Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the.Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: One Million Eight Hundred Ninety -Three Thousand Nine Hundred Ninety Dollars ($1,893,990.00). Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via 1 Construction Services Agreement: Revised 072118 the web at www.fms.treas.gov/c570/c570.htmi#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within four hundred and thirty (430) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One thousand and six hundred and sixty-five dollars ($1,665.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 2 Construction Services Agreement: Revised 072118 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 19-7601 "South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable 3 Construction Services Agreement: Revised 072118 Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 19-7601 "South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Hole Montes, Inc. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering and Project Management 3339 Tamiami Trail East, Suite 303 Naples, FL 34112-5361 Attn: Wayne Karlovich, Contract Administrator/Project Manager Phone: 239-252-5372 Email: Wayne. Karlovich(c),colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Intercounty Engineering, Inc. 1925 NW 18 Street Pompano Beach, FL 33069 Attn: Stephen Polk, Vice President Phone: (954) 972-9800 Email: spolkC@rfcenvironmental.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: Revised 072118 CAS Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: Revised 072118 to) Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 6 Construction Services Agreement: Revised 072118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. 7z,7 IT ES: --- IRST IT ESS Maurice Hynes Print Name S ND WI ESS Shelley McDougle Print Name Date: 11/05/19 ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Intercounty Engineering, Inc. Stephen Polk, Vice President 11/05/19 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, EX - OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT AN William L. McDaniel Jr. Date Chairman 7 Construction Services Agreement: Revised 072118 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: Revised 072118 ■ BID SCHEDULE COLLIER COUNTY SOLICITATION NO. 19-7601 FILTER SET NO. 3-4 REHABILITATION AND FILTER INFLUENT CHANNELS MODIFICATIONS SOUTH COUNTY WATER RECLAMATION FACILITY (SCWRF) COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT - EPMD PROJECT # 70148.9.1 Item Estimated No. Description Units Quantity Cost Per Unit Total 1 Mobilization/Demobilization (Not Lump Sum 1 $50,000 $50,000 to Exceed 10% of Total of Items 1-12) 2 Demolition of Filter No. 3 & 4 Lump Sum 1 $280,000 $280,000 3 Filter No. 3 & 4, Equipment & Material Lump Sum 1 $1,001,990 $1,001,990 4 Filter No. 3 & 4, Miscellaneous Lump Sum 1 $140,000 $140,000 Modifications & installation 5 Filter Gates S-7 & 8 Lump Sum 1 $25,000 $25,000 6 Influent Channel Gates S-14 & 15 Lump Sum 1 $20,000 $20,000 (Phase 1) 7 Influent Channel Gates S-1, 2, 3 & 4 Lump Sum 1 $25,000 $25,000 Phase 2) 8 Influent Channel Gates S-11 & 5-13 Lump Sum 1 $15,000 $15,000 (Phase 2) 9 Influent Channel Gates S-10 & 12 Lump Sum 1 $15,000 $15,000 (Phase 3) 10 Influent Channel Gate S-9 (Phase 4) Lump Sum 1 $14,000 $14,000 11 Plant Service Water Modification & Lump Sum 1 $18,000 $18,000 Extension 12 Electrical and I&C Work Lump Sum 1 $120,000 $120,000 Allowance fund for Owners Use as Directed. This fund will be used only at the Owner's direction to accomplish 13 work due to unforeseen conditions. To be determined. 1 $170,000 $170,000 Inclusion of the Allowance Fund as part See Specifications of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance Fund. TOTAL PRICE FOR ITEMS 1 THROUGH 12 $1,893,990 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 w Email: Kristofer.lopez@colliercounty#l.gov Telephone: (239)252-8944 Addendum #1 Date: August 2, 2019 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # 19-760 1 -SCWRF Set 3-4 Rehabilitation The following clarifications are issued as an addendum: 1. Pre-bid sign in sheet is attached. If you require additional information, please post a question on our Bid Sync t _ :,t bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above Intercounty Engineering, Inc. (Name of Firm) 0$/02/19 Date ■ ADDENDUM #2 Page 1 of 4 Date. August 7, 2019 ,, � From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #2 —19-7601 South County Water Reclamation Facility Filter Set 3 and 4 & Filter Influent Channel Modifications This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike -through. The Bid Due Date has been extended to August 28, 2019 at 3:00 pm. The Question and Answer Period is extended to August 16 at 5:00 PM. Any outstanding answers to Bid Questions will be provided no later than August 21, 2019 CHANGES TO THE DOCUMENTS AND SCOPE: ➢ 1. PLANS & SPECIFICATIONS: Remove and replace existing traveling bridge rails with new. Rails shall be leveled and grouted. No stainless steel rail plate shall be required. Existing anchor bolts shall be reused. ➢ 2. PLANS & SPECIFICATIONS: Remove the existing cell dividers in conjunction with the sand and porous plates. Cell divider supports to be cut back to wall and floor as closely as possible. Maximum projection shall not exceed 1 -inch. ➢ 3. PLAN SHEET G-2 GENERAL NOTES: Add note `G'. G. The Contractor shall be limited to the work hours of 7:00 AM to 5:00 PM Monday through Friday. No noise producing work shall be performed prior to 8:00 AM. No Saturday or evening work shall be allowed without prior approval of the County Project Manager. 4. PLAN SHEET M-3 EFFUENT FILTERS 3 & 4 LOWER PLAN DEMOLITION, The existing 1 -inch and l %s -inch piping on the west side of influent wall adjacent to Filters 1 to 4 shall be modified as required for new gates. ➢ 5. PLAN SHEET M-7 FILTER INFLUENT CHANNEL DEMOLITION, PLAN SHEET M -I I PROPOSED PLAN VIEW FILTER INFLUENT GATES: The existing 3 -inch PVC bleach containment piping with 1 -inch tubing shall be removed from the east chamber wall and terminated at the north wall. The tubing shall remain intact and be coiled up for future use at that location. The existing unistrut and anchors shall be removed from the east wall and top of wall patched. C:\UseTs\smcdougle\Oownloade\19.7603 _Adde ndum_2_-_rev.docx ■ Director, Procurement Services Division FORM 1- BID RESPONSE FORM _... __. _........ _._. _, _ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications BID NO. 19-7601 Full Name of Bidder_ Intercouni. Engineering, Inc. Main Business Address 1925 NW 18 Street: PoMpano Beach, -FL. 33069 _ Place of Business 1925 NW 18 Street, Pompano Beach, FL 33069 Telephone No. 1_(954) 972-9800 Fax No. (954) 974-0042 State Contractor's License # CGC 1524737 State of Florida Certificate of Authority Document Number P94000041435 Federal flax Identification Number, 65-0495335 DUNS # M CCR# _ _.� Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided In no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. ■ Name FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications Bid No. 19-7601 Personnel Category Timothy Gray - (407) 725-1306 Construction Superintendent Adam Brang - (407) 637-0103 Project Manager info@rfcenvironmental.com FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: lntercou ity Engine n Inc . ... _..... ... .. _ _ ...._. .. Signature: Date: 08/28/99 _ Stephe Polk, Vice President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEI?TInN_MATERIAL EXCEPTION MANUFACTURER 2. 3. 4. 5. Please insert additional pages as necessary. Company: Date ■ i FORM 4 - 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 2017-08 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 _......... _ _..... 1. Electrical 2. Mechanical Alpha Electric Services Inc.- 935 Rosea Court, Naples, FL 34104 Randall Mechanical, 3307 Clarcona Rd, Apopka, FL 32703 3A Plumbiri w„ Randall Mechanical, 3307 Clarcona Rd Apopka, FL 32703 4, Site Work Self Perform µ 5. Identify other subcontractors that represent more than 10% N/A of price or that affect the critical path ofthe schedule Company: Signature: Inc. Stephen Polk, Vice President Date: 08/28/19 N Please see Attached Work Experience FORM 5 - STATEMENT OF EXPERIENCE OF D-IDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) 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. 1. (project name) (project location) (project description) (project start/completion dates) (contract value) 2. (project name) 3. (project location) (project description) (project owner) (Owner's address) ............. .. . ........... (Owner's contact person) (title) (phone) (email) (project owner) -(Own—eesaddress) - (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (project name) I � -.1-1-11- ............... -.1-11-1.1 . ................ . . (project location) (project description) (project -s-ia—W, completion (contract value) (email) (project owner) (Owner's address) (Owner's contact person) (phone) (email) (title) ■ Et m a 44 22 Bt Y �vmBB�'c€ o� 758g roves N N N ■ G MON � emi r�t gN3{ W�p i W G g m y u1 W� C ei V ` q La ul Rl E�v C AA 6a6 Et m a 44 22 Bt Y �vmBB�'c€ o� 758g roves N N N ■ FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4, RM 1.1 (project name) (project owner) --- t i to tim) (projectca (Owner's address) (project description) ------ (Owner's --contact per-son- J --- (project completion date) (contract value) ..... . ........ (phone) (email) (project name) - - - , , --- - -- ---, -- , (p-r-q-J—ee-t owner) (projectlocation) (Owner's address) (project description) (Owner's contact person) (project completion date) (contract value) (phone) (email) (project name) (project location) (project description) (project completion date) Company: jrnt5l !i y,1= Signature: (project owner) (Owner's address) .......... ..... . . ... (Owner's contact person) $ ... .... ........... .. .. .... . . ....... . ......... . ... . . . .............. (contract value) (phone) (email) Inc. (title) (title) (title) Date: 08128/19 FORM 6 - TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uantit Cost (Description) LF SY 1. Side Slope LF 500 $1.00 $500,00 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Company: Intercounty Enginee}X Inc. Signature:._ s— Date: 08/28/19 Stephen elk, Vice President ■ F©Rni 7 BID BOND __..... «._ ..... . ..._.__.r_ ..... _.. __ - ..__._... ____-- KNOW ALL MEN BY THESE PRESENTS, that we Intercounty Engineering, Tile. (herein after called the Principal) andHartford Fire Insurance Companti (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of _Hartford and authorized to do business in the State of Florid r are held and firmly bound unto -the- Collier he Collier County Board of Countv Commissioners (hcreinaftcr catleci the Owner), in the full and just sum of _ FIVE PERCENT (5%) OF PROPOSED BID dollars ($ ---5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing; all labor, materials, equipment and incidentals necessary to furnish, install, and frilly complete the ``Mork on the Project known as Bid No. 19-7601 South County Water Reclamation Facility Set No. 3-4 Rehabilitation and Filter Influent Channel Modifications. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL: and the PRINCIPAL, shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terns of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract. Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL. to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $„_95,000.00 noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to rernain in frill force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 114th day of August_2019 BY Hartford fire Insurance C'oixipany , Principal (Seal) Surety .:. (Seal.) L oar r,1). Mosttolder, ,ittor nv ii -Fact $ Florida Resident Agent Counter signed' �2 Appointed Producing Agent for 16rtford Fire Insurance Company ----- -- ... ..........., Inquiries. 407-330-3990 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it beim; recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it (nay 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 signed and approved aD,eement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and thirty (430) consecutive calendar clays, computed by excluding the commencement elate and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. 0 ResrgectfuILy Submitted: State of Florida _. _- County of Broward Stephen Polk 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. Stephen Polk , 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 befbre submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of -Florida , which operates under the legal name of Intercounty, Engineering, Inc. , and the full names of its officers are as follows: President Jeff Condello Secr Treasurer Manager_.___. The _ Vice President _ is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 03/01/19 _,..... a certified copy of which is hereto attached (strike out this last sentence if -not applicable). (b) Ca -Partnership The Bidder is a copartnership consisting of individual partners whose full names are as follows: The co -partnership does business under the legal name of: (c) Indivi€lual The Bidder is an individual whose full name is _ _ and if operating under a trade name, said trade name is Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page. DATED r 08/28/19 U11 i rfxess Witness Intercounry ngineenng It Legal ,- -- Name of Bidder (Ty �edj Stet hen Polk Signature Vice President Title STATE OF Florida COUNTY OF�.��—�.. Broward The foregoing instrument was acknowledged before me this 28 day of August 2019 by Stephen Poik as Vice President of Intercounty EngineenngInc Florida corporation, on behalf of the corporation.' He `she is personally known to me or has produced personally known �1 <r ade<)i `;tion and did (did no) take an oath. My Commission Expires; (St pt`j yreofNotary) _--� NA,Nlf', LLShelley Mc0ougle (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida ■ Direct ►nquirieslC►aims to: THE HARTFORD P W 7 -'R - F" A"I 1 T R N 1 E - 1 Y BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimscc"+.thehartford.com cath 888.266-3488 or tax: 660-757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Natne: NIELSON HOOVER & COMPANY INC Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut .. Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duty organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana u Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of ranl invited D, A, ),?t::.I.1S> `.i' dC.r_'+' l). t;G .. nMI"iT.)wn-13ooie , < to ic,:. DJ1er., David R. Hoo -ver, sCepnan ie CCCl,Tthy, Laura D. 501Qer, Jo ' R. Neu, Chzcf1es -D. Charl.e Nief.san ,vtch fn tht Hi sol, Dal: ,1 Frank Oaks,Brett K v_: toof `'AN11 TT-C�r.i t their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is narned above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. p},TY IYgitt y?��k �"tltt M�cc ;1�1vl,�tisrrr:rir•,.r.`tv.rfi�,�t t`c+*o,si,y C tar'',�.ya�t•G"u µ�! `r`Yc oo ,...rpfy\ >^-/°ncp appaaj y 1 p 6 .\ IF94 r r >"r t fff L John Gray, Assistant Secretary STATE OF CONNECTICUT Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Kathleen 1'. Maynard Nntary I'ublie CERTIFICATE My Commis ion Expires July 3 L 2021 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Atigus t 14, 2019 Signed and sealed at the City of Hartford. TY tltgL y;o>:'+-WrJ Flu u'"�-z ��+t„s A\ ac•a ,�q+w"`�„ ,.. ` � 14E �,�`� �y,.+.4^.� s t tom,.-• % e� ,✓,s,�,.....�a c„ q > aJ r � %iJ K.. � tl4 n� oto, ,t ttrP'' a @� � 4` !q f�l� 'd °e2• 1rS�'. � � �8,`�...�: 1. � '�. �; pta„r,t,tv��� �•atam►g :,ky IE£ i6i jy7gr:' �?� I9R9 /a', Kevin Heckman, Assistant Vice President ■ FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the eoverage(s1 purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s), shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. ■ Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at! ,. 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, 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 due negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $1,000,000_ Each Occurrence; Bodily Injury & Property Damage; Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ _., Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ A Per claim & in the aggregate ❑ Project Professional Liability $__ Per Occurrence ❑ Valuable Papers Insurance $ ___ Per Occurrence ❑ Cyber Liability $ „ Per Occurrence ❑ Technology Errors & Omissions $ ^Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal N bond in a sum equal to 5% of the cost proposal, All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. " Performance and For projects in excess of $200,000, bonds shall be submitted with the executed contract Payment Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award, The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10, ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly, 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 5/16/19 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Stephen Polk, Vice President Insurance Agency _ Insurance Office of America Agent Name Star Chupp, Telephone Number(407) 99&5158 ,,,.,.. .................... - `Vfl ,,;,,; FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project Identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part .of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of Mlic record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Intercounty Enginyejing„inc. n 4,(k 3 ,0 E..i. �, ...,. FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further: the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract, IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 28 day of August 20 19i the County of Broward in the State of Florida Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: 65-0495335 (954) 972-9800 Stephen Polk, Vice President Additional Contact Information Send payments to; Intercounty Engineering, Inc. (required if different from 'Company -name used as payee above) Contact name: Fablana Ingolotti Title: Accounting Manager Address: 1925 NW 18 Street City, State, ZIP Pompano Beach, Fl. 33069 Telephone: (954) 972-9800 Email: fingolotti@intercountyengineering.com Office servicing Collier same as above County to place orders (required if different from above) Contact name: Eric Jones Title: General Manager Address: 1925 NW 18 Street City, State, ZIP Pompano Beach, FL 33069 Telephone: (954) 972-9800 ext 203 Email- intercountyengineering@rfcenvironmental.com Secondary Contact for this Stephen Polk Solicitation: Email: spolk@rfoenvironmental.com Phone: (407) 4647776 m FORM 11 - IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify taro«_ram maN, deem the Vendor's pronosal as non - res gal nsive• Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"), Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Intercounty Engineering, Inc. Print Name Stephen Polk Title Vice President i. Signature pate 08/28/19 State of Floride County of Broward The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Commission No.: FF910447 '. 11 i FORM 12 - VENDOR SUBSTrrUFE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1, General Information (provide all information) Taxpayer Name Intercounty Engineering, Inc. (as shown on income tax return) Business Name (if dii Brent from taxpayer name) Address -1925 NW 18 Street City Pgmm ano Beach State Florida Zi 33069 Telephone (954) 972-9800 Email Order Information (Must be filled out) Remit / Payment Information (Must be filled out) Address 1925 NW 18 Street Address 1925 NW 18 Street City Pompano State FL zip 33069 City Pompano State FL Zt 33069 p_...... y N ' nmental.com Email finpolotti@intercount}enQtneerin com Email ntercount enc meennc<�4rtcenviro 2. Company Status (check only one) Indrvidual /Sole Proprietor X Corporation I Partnership Tax Exempt (Fedeeal income tax-exempt entity Limited Liability Company —� under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c) 3) (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tar reportingpurposes only) Federal Tax Identification Number (TIN) 65-0495335- _ . ..... ........... . - ...... -(i> endors who do not have a TIN, will be required to provide a social_security numberprior to an award)_ 4. Sign and Date Form: Certification: Under )enalties of ty r uri, I cera t1 t the m orn:anon shown on this dorm is correct to m� I 1 _ — _ 1 Signature d'/ �; F✓ Date Title Stephen Polk, Vice President 08/28119 Phone Number J407J 4647776 ,� � fj CERTIFICATE OF LIABILITY INSURANCE Date Producer: Insured: This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # Insurer A: Insurer B: Insurer C: Insurer D: 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. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) Limits GENERAL LIABILITY Commercial General Liability Claims Made Occur General aggregate limit applies per: Policy Project LOC Each Occurrence Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury General Aggregate Products - Comp/Op Agg $ $ $ $ $ $ AUTOMOBILE LIABILITY Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Combined Single Limit (EA Accident) Bodily Injury (Per Person) Bodily Injury (Per Accident) Property Damage (Per Accident) $ $ $ $ EXCESS/UMBRELLA LIABILITY Occur Claims Made Deductible Each Occurrence Aggregate Workers Compensation and Employers' Liability Any proprietor/partner/executive officer/member excluded? If Yes, describe under special provisions below. WC Statu- tory Limits E.L. Each Accident E.L. Disease - Ea Employee E.L. Disease - Policy Limits Other Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: CERTIFICATE HOLDER CANCELLATION A OTH- ER X Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. COLLIER COUNTY BOARD OF COMMISSIONERS 3295 TAMIAMI TRAIL EAST WAIVER OF SUBROGATION APPLIES IN FAVOR OF COLLIER COUNTY BOARD OF COMMISSIONERS. ISSUE 10-31-19 (PH) Lion Insurance Company Insurer E: Plymouth Insurance Agency 2739 U.S. Highway 19 N. Holiday, FL 34691 10/31/2019 11075 Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 NAPLES, FL 34112 South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Client ID:91-67-608 CONTRACT 19-7601 SOUTH COUNTY WATER RECLAMATION FACILITY SET NO. 3-4 REHABILITATION & FILTER INFLUENT CHANNEL MOD. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or email certificates@lioninsurancecompany.com Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Intercounty Engineering, Inc. Begin Date:1/1/2014 WC 71949 01/01/2019 01/01/2020 $1,000,000 $1,000,000 $1,000,000 Project Name: , while working in: FL. (727) 938-5562 NO 11.J.6 Packet Pg. 1351 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: South East Personnel Leasing, Inc. Insurance Company: Lion Insurance Co. Policy #: WC 71949 Effective: 01/01/2019- 01/01/2020 Client: WC 00 03 13 (Ed. 4-84) Countersigned by: © 1983 National Council on Compensation Insurance. Intercounty Engineering, Inc. COLLIER COUNTY BOARD OF COMMISSIONERS NAPLES, FL 34112 3295 TAMIAMI TRAIL EAST 11.J.6 Packet Pg. 1352 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/13/2019 (800) 243-6899 (407) 788-7933 20478 Intercounty Engineering Inc. 1925 NW 18th St Pompano Beach, FL 33069 20443 10172 A 1,000,000 X X CPM6079015233 10/15/2019 10/15/2020 500,000 15,000 1,000,000 2,000,000 2,000,000 Limited Pollut. 1,000,000 1,000,000B BUA6079015250 10/15/2019 10/15/2020 9,000,000B CUE6079015264 10/15/2019 10/15/2020 10,000 9,000,000 C Pollution Liability G71549951001 7/25/2019 per occurrence 1,000,000 For any and all work performed on behalf of Collier County Collier County Board of County Commissioners and Collier County, Florida are Additional Insureds with respect to General Liability on a Primary and Non-contributory basis, including ongoing and completed operations, when required by written contract. Waiver of Subrogation is in favor of Additional Insureds with respect to General Liability, when required by written contract. 30 days' notice of cancellation per policy provisions. 10 days' notice of non-payment of premium applies. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 RANDMEC-02 KELSONM Insurance Office of America, Inc.1855 West State Road 434Longwood, FL 32750 National Fire Insurance Co of Hartford Continental Casualty Company Westchester Surplus Lines Insurance Company Aggregate 9/15/2020 X X X X X X X 11.J.6 Packet Pg. 1353 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079 (1-15) Policy No: CPM6079015233 Page 1 of 2 Insured Name: Randall Mechanical, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization’s liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured’s ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a.the written contract requires the Named Insured to provide the additional insured such coverage; and b.this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1.this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2.the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV.Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. 11.J.6 Packet Pg. 1354 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079 (1-15) Policy No: CPM6079015233 Page 2 of 2 Insured Name: Randall Mechanical, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4.tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 11.J.6 Packet Pg. 1355 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement CNA75008XX (10-16) Policy No: Page Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 11.J.6 Packet Pg. 1356 Attachment: 19-7601 Intercounty_COI_11-14-19 (10872 : Approve Agreement 19-7601 with Intercounty Engineering for SCWRF Filter Set 3-4 SCWRFFilter Set 3-4 RehabilitationPublic Utilities DepartmentDecember 10, 2019Agenda Item 11xCollier County | FloridaPublic Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1357Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with ObjectiveRehabilitate effluent filters Numbers 3 & 4 at the South County Water Reclamation Facility (NCWRF).Improve operations by modifying the filter influent channel to allow it to be taken out of service for maintenance.2Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1358Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with Travelling Bridge Effluent Filter3Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1359Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with Traveling Bridge FilterPublic Utilities Department Engineering and Project Management Division411.J.7Packet Pg. 1360Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with Filter Influent Channel5Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1361Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with ResultsComplete rehabilitation of effluent filters 3 & 4Addition of flow diversion gates in filter influent channels Maintain integrity of key operation component required for the treatment process and production of irrigation quality waterEnsures systems operability 24/7/3656Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1362Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with RecommendationThat the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, awards Agreement Number 19-7601, “South County Water Reclamation Facility Set 3-4 Rehabilitation," to Intercounty Engineering, Inc., in the amount of $1,893,990 and, authorizes the Chairman to sign the attached agreement.7Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1363Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with Questions8Public Utilities DepartmentEngineering and Project Management Division11.J.7Packet Pg. 1364Attachment: Presentation 19-7601 SCWRF Filters 3-4 (10872 : Approve Agreement 19-7601 with