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Agenda 06/28/2022 Item #16C 4 (Contract #22-7953 NCWRF Operations Building HVAC Improvements w/Douglas N. Higgins, Inc.)16.C.4 06/28/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) No. 22-7953, "NCWRF Operations Building HVAC Improvements," to Douglas N. Higgins, Inc., in the amount of $686,380.00, approve the necessary budget amendment, and authorize the Chairman to sign the attached agreement. (Wastewater User Fee Fund (414)), Project 50196. OBJECTIVE: To replace existing residential HVAC system at the North County Water Reclamation Facility (NCWRF) with a new HVAC system. CONSIDERATIONS: Staff is seeking to replace and upgrade the existing HVAC system located at the NCWRF in the administrative building that houses plant controls, operations staff, sensitive plant equipment, and infrastructure. The existing HVAC units are residential and cannot keep up with the cooling demand, are constantly failing, and are at the end of their useful life. The solution designed by the engineering consultant, CDM Smith, Inc., is for the installation of a new constant volume split HVAC system for the first floor with associated condensing units, ductwork, piping controls and electrical, and installation of a new variable air volume split HVAC system for the second floor with associated condensing unit, ductwork, variable air volume boxes, controls and electrical. Once completed, the NCWRF will have a completely new commercial HVAC system with a new warranty and added longevity that will cool employees, guests, and the critical wastewater plant infrastructure. The NCWRF is essential infrastructure, and its continued uninterrupted operation is paramount to the health, safety, and welfare of the community. On January 27, 2022, the Procurement Services Division released ITB No. 22-7953 to 30,782 contractors for the "NCWRF Operations Building HVAC Improvements" project. Interested contractors viewed eighty-three bid packages, and the County received two bids as summarized below by the April 4, 2022, deadline: Company Name City County State Bid Amount Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $686,380.00 Yes/Yes DEC Contracting Group, Inc. Fort Myers Lee FL $915,000.00 Yes/Yes Staff reviewed the bids received and found the two bids to be responsive and responsible. Staff determined that Douglas N. Higgins, Inc. (Higgins) is the lowest responsive and responsible bidder. Higgins has been in business for 56 years and has performed successful work for the County including projects such as Oil Well Road Force Main Improvements, the Orange Tree Plant Force Main Improvements and, more recently, the "108t' and 109t'' Avenues Public Utilities Renewal Project" for the Collier County Utilities Division. Staff and engineering consultant, CDM Smith, Inc., determined the low bid is fair and reasonable and recommends awarding the contract to Higgins. CDM Smith evaluated Higgins' references and found them acceptable to determine Higgins' experience on work of a similar magnitude judged within the last five years, skill, business standing, and its ability to conduct the work as completely and timely as required under the terms of the Agreement. Staff s review finds Higgins to be reputable with a good work history and construction results. The bid is 3% above the engineer consultant's $666,614.00 opinion of probable cost. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, engineer's letter of recommendation, the Notice of Recommended Award, and agreement are Packet Pg. 800 16.C.4 06/28/2022 all attached. FISCAL IMPACT: A budget amendment totaling $240,000.00 moving available funds from other projects into the NCWRF HVAC Project Number 50196 will be processed to facilitate award of this project. The project is expected to be completed in 2023. The source of funding for this project is wastewater user fees. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award Invitation to Bid No. 22-7953, "NCWRF Operations Building HVAC Improvements," to Douglas N. Higgins, Inc., in the amount of $686,380.00, approve the requested budget amendment, and authorize the Chairman to sign the attached Agreement. Prepared by: Matthew Fortune, Project Manager, Solid and Hazardous Waste Management Division ATTACHMENT(S) 1.22-7953 - NORA signed (PDF) 2.22-7953 Bid Tabulation (PDF) 3.22-7953 DELORA (PDF) 4. [Linked] Douglas N. Higgins Inc Bid Package (PDF) 5. [Linked] 22-7953 DouglasHiggins_VendorSigned-with-Bonds (PDF) 6.22-7953 Higgins_COI (PDF) Packet Pg. 801 16.C.4 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doe ID: 22273 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 22-7953, "NCWRF Operations Building HVAC Improvements," to Douglas N. Higgins, Inc., in the amount of $686,380.00, approve the necessary budget amendment and authorize the Chairman to sign the attached construction services Agreement. (Wastewater User Fee Fund (414)), Project 50196 Meeting Date: 06/28/2022 Prepared by: Title: — Solid and Hazardous Waste Name: Jennifer Anderson 06/06/2022 9:08 AM Submitted by: Title: Division Director - Wastewater — Wastewater Name: Robert Von VanHolle 06/06/2022 9:08 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Capital Project Planning, Impact Fees, and Program Management Leeann Charles Procurement Services Sue Zimmerman Additional Reviewer Solid and Hazardous Waste Robin Bain Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Wastewater Robert Von VanHolle Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/06/2022 9:24 AM Additional Reviewer Completed Completed 06/06/2022 10:23 AM Completed 06/06/2022 11:45 AM Completed 06/06/2022 8:17 PM Completed 06/07/2022 10:53 AM Completed 06/07/2022 12:52 PM Completed 06/08/2022 1:47 PM Completed 06/08/2022 3:45 PM Completed 06/10/2022 8:40 AM Completed 06/17/2022 10:55 AM Completed 06/18/2022 3:30 PM Completed 06/22/2022 8:17 AM 06/28/2022 9:00 AM Packet Pg. 802 DocuSign Envelope ID: 162C49B0-A393-4A97-A5DD-308A7C944FF8 16.C.4.a CiovY Ctmnty County Manager Operations Procurement Services Division Notice of Recommended Award Solicitation No.: 22-7953 Title: NCWRF Operations Building HVAC Improvements Bid Due Date and Time: April 4, 2022, at 3:00 pm RESPONDENTS: Company Name City County ST Amount Responsive/ Responsible Douglas N Higgins, Inc Naples Collier FL $686,380.00 Yes/Yes DEC Contracting Group, Inc Fort Myers Lee FL 1 $915,000.00 Yes/Yes Utilized Local Vendor Preference: Yes = No = N/A On January 27, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-7953 — NCWRF Operations Building HVAC Improvements to thirty thousand seven hundred eighty-two (30,782) vendors. Vendors viewed eighty-three (83) bid packages. The due date was extended for an additional two (2) weeks twice, staff performed additional vendor outreach and on April 4, 2022, the County received two (2) bids as summarized above. Staff reviewed the bids received. Two bids were deemed responsive and responsible. Staff determined that Douglas N. Higgins, Inc., is the lowest responsive and responsible bidder. Staff therefore recommends the contract be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total contract amount of $686,380.00. Required Signatures Project Manager: Matthew Fortune °°` 4/27/2022 Procurement Strategist: Leeann Charles;,, 4/27/2022 Procurement Services Director: 4/28/2022 Sandra Herrera Packet Pg. 803 000uoignEnvelope ID: 1 o-30eA7o944FF8 16.C.4.c CDM_ Smith 4210 Metro Parkway, Suite 230 Fort Myers, Florida 33916 tel: 239 938-9600 April 20, 20222 Ms. Leeann Charles, CPM Procurement Strategist Public Utilities Planning and Project Management Department 3295 Tamiami Trail East, Bldg. C2 Naples, FL 34112 Subject: NCWRF Operations Building HVAC Improvements Bid No. 22-7953 Low Bid Evaluation - Recommendation for Contract Award Dear Ms. Charles: On April 4, 2022, two bids were received by Collier County for the NCWRF Operations Building HVAC Improvements (Bid No. 22-7953)• CDM Smith, the Engineer of Record Firm for the project, has completed our review of the bid submitted and is pleased to provide the following award recommendation. The scope of the NCWRF Operations Building HVAC Improvements project includes replacing the existing the existing HVAC units and duct work at the NCWRF operations building with new HVAC units and duct work. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is Douglas N. Higgins, Inc. with a bid of $686,380.00. CDM Smith was provided with the bid Schedule for Douglas N. Higgins, Inc. The Douglas N. Higgins, Inc. bid is approximately 3% higher than the Engineer's Opinion of Probable Construction Cost (OPCC) of $666,614. References were provided, and the completed Vendor Reference Check Logs for each reference are attached. The project references were contacted and CDM Smith determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Douglas N. Higgins, Inc. is a corporation formed in 1966 in the State of Michigan and has been authorized to transact business in the State of Florida since 1973. Douglas N. Higgins, Inc. is registered with the Florida Department of Business and Professional Regulation as a Construction Business with a Certified General Contractor, which registrations are current and active. CDM Smith has worked successfully with Douglas N. Higgins, Inc., on previous projects located in Collier County. Based on that experience, the favorable performance reviews coA WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+F Packet Pg. 805 16.C.4.c Smith Ms. Leeann Charles, CPM April ao, 20222 Page a provided on the Vendor Reference Logs and its licensing, it appears that it is a qualified firm to conduct the requested work. Based on the above information, CDM Smith recommends Douglas N. Higgins, Inc. be awarded the NCWRF Operations Building HVAC Improvements project in the amount of $686,380.00. Should you have any questions or wish to discuss the bid further, please do not hesitate to call us. Respectfully, Jason A. Sciandra, P.E. Associate CDM Smith Inc. Packet Pg. 806 AC< P CERTIFICATE OF LIABILITY INSURANCE 16.C.4.g DATE (MMIDDIYYYY) 6/2/2022 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). PRODUCER Hylant Group Inc - Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 CONTACT NAME: PHONE FAX Arc No Exi: 734-741-0044 AIc Ne: 734-741-1850 ADDRESS: INSURERIS1 AFFORDING COVERAGE NAIC4 INSURER A: Valley Forge Insurance Co 20508 INSURED HIGGI-5 Douglas N. Higgins, Inc, 3390 Travis Pointe, Suite A INSURER B:Continental Insurance Company 35289 INSURER c: Allied World Assurance Co Inc US 19489 INSURER D: American Casualty Cc of Reading PA 20427 Ann Arbor MI 48108 INSURER E : Transportation Insurance Co 20494 INSURER F. . COVERAGES CERTIFICATE NUMBER:579699744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE 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. INSR LTR TYPE OF INSURANCE AoDL INSD SUBR WVD POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDfYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y UIDBI922047 4l112022 411/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR _ $500,000 DAMAGE TO RENTE❑ PREMSSES E.oc! fo"" X IVIED EXP (Any one person) $15,000 InctudesXCU X Inct contractual PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO-JECT LOC POLICY ❑ PRODUCTS - COMPfOP AGG $ 2,000,00O S OTHER: A AUTOMOBILE LIABILITY BUA1061922033 41112022 41112023 a accidenCOMBINEU!SINGLELIMIT E $1,000,00D X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY tPer accident) S X PROPERTYDAMAGE Ppr accident $ HIREO X NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLA LIAB X OCCUR U1061922050 4/1/2022 4/1/2023 EACH OCCURRENCE S8,000,000 AGGREGATE $ 13,0130,000 CXCESS LIAB CLAIMS -MADE DED I X RETENTION $ n I3 I -WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANYPROPRIETORIPARTNERIEXECUTiVE FN] OFFICERIMEMBEREXCLUDED? N i A W07012265571 411/2022 411/2023 X PER orH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,ODO (Mandatary in NH) if yes, describe under DESCRIPTION OF OPERATIONS beloly E.L. DISEASE- POLICY LIMIT S 1,000,000 C Professlonalf 0312-7992 4/1/2022 4l112023 2,ocD,000 Each Claim Pollution 4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached lr more space is required) Job: 22-7953 NCWRF Operations Building HVAC Improvements Additional Insured for General Liability and Automobile Liability, primary and non-contributory basis, as required by written contract — Collier County Board of County Commissioners With regard to General Liability, Automobile Liability, and Worker's Compensation policies, a 30 day notice of cancellation will be provided to the Certificate Holder for any insurer initiated cancellation, 10 days will be provided in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 807 FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCWRF OPERATIONS BUILDING HVAC IMPROVEMENTS BID N0.22-7953 Full Name ofBidder Douglas N. Higgins, Inc. Main Business Address 3390 Travis Pointe Rd., Ste. A, Ann Arbor, MI 48108 Place of Business 4485 Enterprise Ave., Naples, FL 34104 Telephone No. 239-774-3130 Fax No. 239-774-4266 State Contractor's License # CGC060189 State of Florida Certificate of Authority Document Number 830666 Federal Tax Identification Number 38-1807765 DUNS # 01-722-2183 CCR# Cage Code OVD82 To: BOARD OF COUNTY COMIVIISSIONERS 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, ftrm or corporation; that it has carefiilIy 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, fin•nish 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 hvo decimal points will be conducted by Procurement Services Division staff. 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 ot• Bonds and Insw•auce Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 02-21-20 Successful Bidder hereby expressly waives and relinquishes any rightwhich.it may have"to 'seek to characterize the above noted liquidated damages as a penalty, which the patties :agree represents a fair and reasonable estimate of Owner's actual damages at the tune of bidding if the. Successful Bidder fails to execute and deliver the Agreement, Insurance: Certificates, and Bonds in. a timely manner. Upon receipt ofthe signed and approved agreement and Purchase Order; the undersigned proposes to commence work at the site within five (5) calendar days fiom the commencement date stipulated in thevrittenNotice 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 these -Bid within Three hundred and thirty (330) consecutive calendars days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance bythe Owner within Thirty-(30) consecutive. calendar days .after Substantial Completion, computed by excluding commencement date and -including the Iast day of such period. �`lccegafailce aril acicriowle�lgeel tad art ;�u�4�®iize �ioent �i 1 ifle: Vice President ®ate; 2/2S/22 :Construction Sotieitation Doc rev 02-2i-20 ht3a C RTIF-LUR E OE *%A)AC"I%'3-"�IY.Sr :215 a The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting help on April 1, 2020 and said resolution is in full force and .effect: "RESOLVED; That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins; Inc., any and all contracts and documents." Matthew T. DeLuca Daniel N. Higgins Douglas N. Higgins David.J. Wilkie belly A. Wilkie Dated: April 1, 2020 r{e ly A i)ilkie Secretary Collier County Administrative Services Division Procurement Services Date: February 105 2022 Email: Leeann.Charles(wcolliercountyfl.gov Telephone: (239) 2524270 Addendum 1 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #1, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To remove incomplete Solicitation Packet and attach complete Solicitation Packet . If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of 2/► Date Collier County Administrative SeNces Division Procurement Services Date: February 11, 2022 Email: Leeann.Charles(wcolliercount�fl ov Telephone: (239) 2524270 Addendum 2 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #2, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To upload Addendum #1 PDF. If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. it 2A Date (Signature) (Name of Collier County Administrative SeMoes Division Procurement Services Date: February 11, 2022 Email Leeann.Charles(c.,colliercountyll. gov Telephone: (239) 2524270 ICIi�iT � r ] From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #3, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To upload Addendum #2 PDF. If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of rm) Date co ,per cMHty Administrative SeMces Division Procurement Services Date: February 22, 2022 Email: Leeann.Charles(wcolliercountyfl.gov Telephone: (239) 2524270 Addendum 4 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #4, 22 7953— NCWItF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change. To upload Pre -Bid Meeting Sign -in Sheets. If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. &� -1 � / � (Signature) (Name Date Cdlier County Administrative Services Division Procurement Services Date: February 28, 2022 Email: Leeann.Charles(a colliercountyfl.gov_ Telephone: (239) 2524270 Addendum 5 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #5, 22-7953 NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To extend the bid due date and Q & A deadline: QUESTION &ANSWER DEADLINE: OPENING DAY/DATE/TIME: March 7, 2022 AT 3:00 PM �^h,.,,^.•.,'4 'n�' March 14, 2022 AT 3:00 PM If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above- referencedsolicitation. 02 Date (Signature) C- (Name of co�l�e7r County Administrative Services Division Procurement Services Date: March 35 2022 From: Leeann Charles, Procurement Strategist To: Interested Bidders Email: Leeaim.Charles(Wcolliercountyfl, og_v Telephone: (239) 2524270 Subject: Addendum #6, 22-7953 NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To remove Bid Schedule and attach Revised Bid Schedule If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above - referenced solicitation. (Signature) of Date Corer county Administrative Services Division Procurement Services Date: March 149 2022 Email: Leeann.Charles a,colliercountyflgov Telephone: (239) 2524270 Addendum 7 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #7, 22-7953 NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To extend the bid due date OPENING DAY/DATE/TIME "'�^•^'' ", ��'', March 28, 2022 AT 3:00 PM If you require additional information, please post a question on our BidSync (www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above - referenced solicitation. Date (Si9gnature) .I (Name ofIF S Email: Leeann.Charles(wcolliercount ov Telephone: (239) 252-4270 Procurement Services Division Addendum 8 Date: March 28, 2022 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #8, 22-7953 NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To extend the bid due date. OPENING DAY/DATE/TIME: If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above - referenced solicitation• r (Name of�um) J o� y eo— Date Collier County Administrative Services Division Procurement Services Date: March 30, 2022 Email: Leeann.Charles c(s,colliercountyfl.gov Telephone: (239) 2524270 Addendum 9 From: Leeann Charles, Procurement Strategist To: Interested Bidders. Subject: Addendum #9, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To upload revised Solicitation Packet with update to Insurance Requirements. If you require additional information, please post a question on our BidSync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Date (Name of F�m) Solicitation No: 22-7953 Project Title: North County Water Reclamation Facility Operations Building HVAC System Improvements Bidder: Douglas N. Higgins, Inc. North County Water Reclamation Facility Operations Building HVAC System Improvements Bidders are required to complete all fields shaded in green (UNIT PRICES PREVAIL). All other fields will be automatically calculated. PLEASE USE THIS SPREADSHEET, DO NOT CREATE YOUR OWN. Douglas N. Himins,Inc. CONTACT PERSON: Daniel I Ins D"@dnlliggins.coni AUTHORIZED SIGNATURE: Al STIMATED ITEM NO. DESCRIPTION UANTITY UNIT UNIT PRICE AMOUNT PART In GENERAL CONDITIONS Amldl� 1A I Mobilization/Demobilization 1 1 1 LS 1$ 67,000.00 $ 67,000.00 $ 67,000.00 ESTIMATED ITEM NO. I DESCRIPTION OUANTITY UNIT UNIT PRICE I AMOUNT 2A Equipment 77 1 LS $ 293,690.00 17 293,690.00 28 Installation 1 1 LS $ 293,690.00 $ 293,690,00 2C I Testing 1 1 LS $ 7/000.001 $ 76000,00 SIJIBwTOTAL $ 594,380.00 Part 1 Subtotal $ 67,000.00 Part 2 Subtotal $ 594,380.00 Part 3 Subtotal $ 25,000.00 BID TOTAL $ 686,380.00 AWARD: THIS BID WILL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER 'Owner's Allowance -for Owners Use as Directed. This Allowance will be used only a[ the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractorwill be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation ofTime and Materials supporting the change. FORM 2 - CONTRACTOR'S KBP PERSONNEL ASSIGNED TO THE PROJECT NC\'�'RI+ OPERATIONS BUILDING HVAC IMPROVEMENTS Bid No. 22-7953 Name James Nelson Michael Lobello Construction Solicitation Doc rev 02-21-20 Personnel Cate�ory Consh•uctiou Superintendent Project Manager FORM 3=AIATERIALMANUFACTURERS THIS I'ORM MUST' $E COMPLETED OR BID S1=TALL BE LEEIYIED NOPT-RESI�ONSIVE All Bidders shall Confirm by signature tha they will provide the manufacturers and materials outlined in this Bid specifications, including cotnpliatice with -Florida Stat<ite 255.20 to provide lumber, timber and other forest products produced and manufactured -in the State-offlorida 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/ox. material is proposed and listed below and is. not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance.ofthis form does not constitute' acceptance of material proposed on this list. Complete and sign section A ORB. Section A (Acceptance. of all manufactures and materials in Bid specifications) On behalf of my firm, I eonfum that we will use all manufacturers and materials as specifically outlined .in the Bid specifications. Company: Signature: Section B (Exception requested to Bid'specifications manufacturers and materials) EXCEPTION -MATERIAL Please insert addifional pages as necessary. Company: Signature: Constriction Solicitation Doc rev.D2=2I-2r7 2/28/22 EXCEPTION MANUFACTURER Date FORM 4 LIST- OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BIl DEEMED NON-RESPONSNE 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 — ,kANeYS 2. Mechanical Cea 4 ili 9t jL 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% A t I ' V of price or that affect the critical path of the schedule Company`. Signature: Construction Solicitation Doc rev 02-21-20 e: 2f28/22 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 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. See Attached (project name) (project ovvner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 2. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 3. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 02-21-20 4. 5. FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER (project name) (praj eot location) (project description) (project completion date) (aontraotvalue) (project name) (project location) (project description) (project completion date) project name) (project lobatiori). (project description) (project completion date) Company: Signature: g (contraetvalue) (contract value) Construction Soficifafion'Doc rev 02-29-20 (project owner) (Owner's. address) (Owner's contact person) (title) (phone) (project owner) (Owner's .address) (email) (Owner's.contactpgirson) {phone) (email) ect owner) (Owner's address) (Owner's contact person) (phone), (email) `e: 2/28/22 EXPERIENCE STATEMENT -SOUTHWEST DIVISION GRASIP Phase 1 Stormwater Improvements Job No: 1250-20 Collier County Growth Management Department 2685 South Horseshoe Drive, Ste, 103 Naples, FL 34104 (239)252-2322 Joseph Delete, PPM Joseph.Delate colliercountvfl.eov Engineer- Address - Phone: Trebilcock Consulting Solutions 2800 Davis Blvd, Naples, FL 34105 (239) 566-9551 Norman Trebilcock, PE ntrebilcock@trebllcock. biz Jate: January 20, 2021 tract Amount: $615,540.00 rn Date: July 28, 2021 Upsizing/replaced culverts at three driveway locations; installation of a box culvert and plugging of existing corrugated metal pipe culvert at the Price St./Barefoot Williams Rd. Intersection; Installation of a new large inlet structure where the existing ditch along the east side of Barefoot - Williams Rd.. Ends al the NE comer of the Artesia Development; Some associated ditch bank work and a wafer main deflection under the box installation at Price St. Diesel Driven Bypass Pumps Job No: 1720-20 City of Naples -Utilities Dept. 1450 4ih Ave. N., Bldg. 950 Naples, FL 34102 (239) 213-4727 Kevin Swisher, Utilities Maintenance Supervisor kswish er@na ples>;ov.com Engineer -Address -Phone: Johnson Engineering 2122 Johnson St. Ft. Myers, FL 33902 (239)334-0046 Mark Thomas, PE mwt@lohnsonena.com Contract Date: September 2, 2020 Final ContractAmount: $961,604.55 Completion Date: April 29, 2021 Protect Description: Emergency bypass pumps were installed at seven sanitary sewer lift stations. Upgrades and improvements included modifying the piping from ductile iron to HDPE, replace pump base elbows, reline wet wells to prevent infiltration and intrusion of ground water, replace standpipes, float racks with stainless steel for longevity, remove valves from underground valve vaults to above ground and constructing raised concrete pads for the bypass pumps. Charlotte County LS #37 Job No: 1875-20 Pantropic Power, Inc. 8205 NW 58th Street Miami, FL 33166-3406 (305) 477-3329 Rolando Coll rolando toll@pantrapic.com N/A February 6, 2020 $7s,2oo.00 April 27, 2021 Decommission existing ATS; Decommission existing generator and remove feeders; complete electrical installation of new ATS; Install PVC conduit and capper wire to the lift station; Form and place a concrete generator pad; Set a new Caterpillar 300 KW standby generator; Complete electrical installation of new generator; restore area. NCWRF Oxidation Ditch No. 2 Mechanical Upgrades Job No: 1330-20 Collier County Public Utilities 3339 Tamiami Troll E., Ste. 303 Naples, FL 34112 (239)252-5372 Wayne Kadovich, PE Wayne.Karlovich@toll lercountvfl.eov Engineer -Address -Phone: Hole Montes 950 Encore Way Naples, FL 34110 (239) 254-2000 David Schmitt, P.E. DavidSch mitt@hme nx.mm Contract Date: July 6, 2020 Final Contract Amount: $262,006.89 Completion Date: March 29, 2021 Removal and Replacement of five aerator shafts, discs, bearings, coupling and appurtenances. The direct drive motor and gear box units were removed from the existing aerators and installed on the new aerators. Owner supplied equipment from Evoqua Water Technologies, LLC. D:\Dropbox (DNHI)\Dropboz (DNHI)\Naples Office Managers\Experience Statement 07 3120 EXPERIENCE STATEMENT -SOUTHWEST DIVISION Project Name: NCWRF Fall Protection Life Line System Project Name: Oil Weil Road Force Main Improvements Job No. 1370-18 Job No. 1320-18 Owner -Address -Project Manager -Phone: Owner -Address -Project Manager -Phone: Collier County Public Utilities Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Naples, FL 34112 (239)252-5372 Paul Abbott, PM Wayne Kadovich, PE PauLAbbott@colliercountyfl.¢ov Wavne.Karlovich@colliercountvFl.zov Engineer -Address -Phone: Engineer -Address -Phone: Wood. Plc Johnson Engineering 281 Airport Rd. S. 2122 Johnson St. Naples, FL 34104 Ft. Myers, FL 33901 (239)643-4747 (239)334-0046 Angel Rodriguez, CFM FMP Mike Dickey, P.E. anzeLrodriauez@woodalacom msd@iohnsonene.com Contract Date: March 25, 2019 Contract Date: December 3, 2018 Final Contract Amount: $192,800.27 Final Contract Amount: $452,667.36 Completion Date: August 2, 2019 Completion Date: September 7, 2019 Protect Description: Project Description: AERATION BASIN Installed approximately 3700 LF of 8-inch, 10-inch and 12-inch Installed thirteen 241' overhead cable lifeline fall protection systems wastewater force main. AERATED SLUDGE HOLDING TANK Install two 140' Overhead cable lifeline fall protection systems, three 150' overhead cable lifeline fall protection systems, ten wmpression braces, ten liftline trolleys Project Name: Orange Tree Plant Force Main Improvements Protect Name: 95th Ave. N. Public Utilities Renewal Job No. 1340-18 Job No. 1500-18 Owner -Address -Project Manager -Phone: Owner -Address -Project Manager -Phone: Collier County Public Utilities Collier County Public Utilities 3339 Tamiami Trait E., Ste. 303 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Naples, FL 34112 (239) 252-5372 (239) 252-4233 Wayne Karlovich, PE Corinne Trtan Wavne.Karlovich@colliercountyfl.eov Corinne.Trtan@colllercovntvfl.aov Engineer- Address -Phone: Engineer -Address -Phone: Johnson Engineedng O. Grady Minor &Associates 2122 Johnson St. 3800 Via Del Rey Ft. Myers, FL 33901 Bonita Spdngs, FL 34134 (239)334-0046 (239)947-1144 Mike Dickey, P.E. Justin Frederiksen, P.E. msd@iohnsonen¢.com ifrederiksen@aradyminor.com Contract Date: August 27, 2018 Contract Date: June 26, 2018 Final Contract Amount: $152,660.15 Final Contract Amount: $5,443,920.00 Completion Date: September 26, 2019 Completion Date: January 10, 2020 Project Description: Project Description: Installed approximately 1220 LF of 16-inch wastewater force main. Remove 6325 LF of 6-inch asbestos wncrete water main piping; Install 6325 LF of new 8-inch water main piping, new fire hydrants, gate valves and water services. Install of new water services and relocation of water meters and backflow preventers. Remove 5600 LF of sewer pipe, concrete manholes and service laterals; installation of 5600 LF of new 8-inch sewer pipe, precast steel reinforced polymer concrete manholes. Replace sanitary sewer laterals. Remove and install new HDPE and RCP stormwater piping, catch basins, inline yard drains and mitered end sections. Restore driveways and rebuild the roadway and asphalt. D:\Dropbox (DNHI)\Oropboz (DNHI)\Naples Office Managers\Experience Statement 07 3120 EXPERIENCE STATEMENT -SOUTHWEST DIVISION NCWRF Aeration Equipment Replacement Job No. 1260-16 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 (239)252-5372 Wayne Kadovich, Senior Project Mgr. W ayne.Karlovich@colliercountvfl.eov N/A October 5, 2016 $415,882.00 February 28, 2018 4eration Equipment was removed and replaced for Oxidaton Ditch #1 and selective aeration equipment was removed and replaced for Oxidation Ditch #2. Emergency -Collier Blvd. & I-75 Water Main Repair Collier Blvd. &City Gate Dr. WM Repair Job No. 1419-17 Collier County Water Distribution 4370 Mercantile Ave. Naples, FL 34104 (239)252-6245 Pamela Libby, Water Distribution Mgr. Pamela.li bbv@colllercountvfl.eoy November, 2017 $418,336.57 November 13, 2017 48" Price Brothers Pipe Repair SCRWiP Sludge Thickener Refurbishing Job No. 1270-16 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 (239)252-5344 Alicia Abbott, Project Mgr. AI(cta.Abbott@colliercou ntvFl.gov TKW Consulting Engineers, Inc. 5621 Banner Dr. Fort Myers, FL 33912 -239 Douglas Eckmann, P.E. Douglas.eckman n@ tkwon li ne.com Date: November 1. 2016 $392,706.96 November 17, 2017 Refurbished the lime sludge thickener mechanism. Cleaning the gravity thickening basin, dispose of all materials, remove support bridge, the inlet well, drive and lift assembly, torque tube, Flight arms. Transport the drive and lift assemblies to and from Ovivo authorized rebuild center in Tampa, FL. Arrange the factory authorized refurbishing. Remove railing &decking, sandblast, repair and replace corroded steel, and recoat the support bridge. Reinstall grating &guardrail, install refurbished drive and lift mechanisms, and install new fabdcated components. Run new wire and conduit for electrical work. Touch up coating during installation. 107th Ave. N. Public Utilities Renewal Job No. 1600-17 Owner -Address - Protect Manager -Phone: Collier County Public Utilities 3339 Tamiami Trail E., Sie. 301 Naples, FL 34112 (239)252-2589 Michael Stevens, Senior Project Mgr. M is haeLSteven s@mlliercounty0.aov O. Grady Minor 8 Associates 3800 Via Del Rey Bonita Springs, FL 34134 (239)947-1144 Juslln Frederiksen, P.E. jfrede ri ksen @aradymin occom late: February 28, 2017 lractAmount: $3,279,116.35 m Date: April 20, 2018 Remove and Install approx. 4250 LF of new 8" water main piping and appurtenances, new fire hydrants, valves, water services, meters and backftow preventers. Remove and install approx. 4400 LF of new 8" PVC gravity sewer pipe, manholes, and replace existing sanitary sewer service laterals. Remove and install approx. 5100 LF of 18" and 24" HOPE perforates stormwater piping. Install approx. 3250 LF of 18" and 24" HOPE and RCP stormwater piping, catch basins, sediment catch basins, junction basins, inline yard drains and mitered end sections. Restore driveways, rebuilding the roadway, subgrade, base, and asphalt. D:\Dropbox (DNRI)\Dropbox (DNHI)\Naples Office Managers\Experience Statement 07 3120 EXPERIENCE STATEMENT -SOUTHWEST DIVISION Wiggins Pass Road Water Maln Improvements Job No. 760-15 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Diana Dueri (239) 252-4218 DianaDueri @collier¢ov.net Johnson Engineering 2122 Johnson Si., P.O. Box 1550 Fort Myers, FL 33902 (239)334-0046 Michael Dickey, P.E. msd@iohnsonen¢.com Date: March 19, 2015 tractAmount: $591,686.48 m Date: December 15, 2015 Installation of 4400 LF of 12" Water Main and 1500LF of 6" Water Main. Bore and pull in approx 1000 LF of 12" WM uner dexng canal /creek Grout &Cap 5400 LF of 12" WM, overlay 4500 er Asphalt sidewalk. Concrete and asphalt restoration of drive and walk ways for 26 residences. Removal & Disposal of 1290 LF of 6" Asbestos Cement Pipe, Pelican Marsh Elementar School Water Service Replacement Job No. 1446-15 Owner -Address - Project Manager -Phone: Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Nathan Beals (239)252-2563 NathanBeals@coiliereov.net O. Grady Minor &Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 (239)947-1144 Justin Frederiksen, P.E. tfrederi kse n @gradym in occom Date: November 11, 2015 tract Amount: $109,838.45 m Date: February 17, 2016 WWTP Reuse Pump Replacement Job No. 810-14 City of Naples -Utilities Department 380 Riverside Circle Naples, FL 34102 David Graff deraff@naplesgov.com (239) 253-5864 Engineer -Address -Phone: Tetra Tech, Inc. 10600 Chevrolet Way, Ste. 300 Estero, FL 33928 (239)390-1467 June 11, 2014 $879,972.75 November 13, 2015 Installation of 1 new 600 HP Vertical turbine Pump, associated piping and valves. Provide and program 4 new VFD's for the 4 Reuse Water Pumps. Replacement of controls for the pumps and programming. Remove old HVAC units, provide new HVAC units, 10 and 15 ton with controls. Bay Villas Water Main Replacement Job No. 695-15 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Diana Dued (239)252-4218 DianaDueri@toll ierzov. net Engineer -Address -Phone: Johnson Engineering 2122 Johnson Si., P.O. Box 1550 Fort Myers, FL 33902 (239)334-0046 Michael Dickey, P.E. msd@lohnsonenz.com Date: May 11, 2015 tract Amount: $442,871.00 m Date: February 17, 2016 Install a new 10"DR11 HDPE water service to the Pelican Marsh School Install Approx. 2500 LF of 4" and 6" C900 DR 14 PVC Water by directional drilling under Airport Pulling Rd. and canal to connect to an Main, gate valves, install 1"water services, connect to existing existing 16" DIP water main, install valves, adaptors, fittings, etc. water main, cut in sewer clean outs, abandon &grout existing Connect to school's meter assembly, sidewalk restoration, handrail water main. Furnish &install permanent below ground blow -offs. replacement, air release valve. Grout &abandon the existing 8" DIP Restoration of landscaping and sod. water service. Replace landscape and sod. Airport Rd. Water Main Abandonment Phase 2 Job No. 1445-15 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Naihan Beals (239)252-2583 Nathan Bea Is @col liergov. net RWA Engineering 6610 Willow Park Dr., Sie. 200 Naples, FL 34109 (239)597-0575 Mark Sunyak, P.E. ms u nvak@consult-rwa.com Date: November 20, 2015 tract Amount: $189,960.98 �n Date: March 10, 2016 Bay Colony Shores Fire Main Conversion Job No. 690-15 Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Diana Dueri (239)252-4218 DianaDueri@col liergov.net Ct. Grady Minor &Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947-1144 Frank Feeney, P.E. ffeeney@eradvmi noncom Date: March 19, 2015 tract Amount: $877,815.77 m Date: March 2, 2016 Abandonment &grouting of approx. 5600 ft of 8" water main located Converi an existing fire main system to a potable water system. primarily within the median of Airport -Pulling Rd. between Pelican Marsh New water main construction to extend the system and inter - Elementary School and Immokatee Rd. Disconnect 5 locations from an connect the exisiing fire main. Cleaning, flushing, disinfection exisiing 8" water main and connect 3 locations to a 16" water main. &bacteriological clearance, extension of new water service, Grout the abandoned 8" water main pipe. new water meters and backflow devices, existing water main system abandonment and restoration. D:\Drophox (ONHI)\Dropbox (DNHI)\Naples Office Managers\Experience Statement 07 31 ZO FORM 6 - TRENCH SAFE' TV ACT Bidder acknowledges thatincluded in -the various iteuls of the bid and -in the Iotal.Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1,1990, The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Measure Measure uantit Cost (Desciipfioii) 3. 5. Failure to complete the above may result in the Bid tieing declared notl responsive. Company: Douglas N. Higgins Signature: Construction Solicitation Doc rev 02-2�-20 Extended Gost Date: 7/2�/22 Von " KNOW ALL MEN BY FORM 7 - BID BOND THESE PRESENTS, that we Douglas M Higgins, Inc. (herein after called the Principal) and under the laws of the State of CT and authorized to do business in the State of existing the of_ (herein called the Surety), a corporation chartered and _with its principal offices in the city of Hartford FL are held and firmly bound unto the sinners (hereinafter called the Owner), in the full and just sum _ dollars ($ 5% ) good and lawful money of States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 224953 NCWRF OPERATIONS BUILDING HVAC IMPROVEMENTS NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5 % of attach edoted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 28 day of February , 20 22 Douglas N. Higgins, Inc. Principal (Seal) Surety (Seal) Appointed Producing Agent for Hylant Groin, 24 Frank Lloyd Wright Dr., P.O. Box 541, Suite J4100, Ann Arbor, MI 48106 ' Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BONDectic One Hartford Plaza Hartford, Connecticut 06155 Bond.claims(cthehartford.com call: 888-266-3488 or fax: 860-757=5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC Agency Code(s): 35-3515881 35-350851, 81-151273 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant, Jamie Laurencelle, Kristie A. Pudvan, Lisa M. Wilmot,Judy K. Wilson, Kathy S Zack, Terri Mahakian their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. P�*^lf Ps :dfa i �ICOa/IP ]!ai f is tug s°wy� IORfY� _ Si `�,prJ°4�o ySse i_r IMG4AOOIIIFD y* ' o� 97 ja- � t979 o r t 9 -.g 1919 Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA SS. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle L. LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)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 (s)he signed his/her name thereto by like authority. =� lam_ .,y o: Jessica Ciccone �F FtQ� My Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 28, 2022 Signed and sealed in Lake Mary, Florida. � r • - �°`rfKll ncAla '+�iO lip JdYA •'o Ap4b4 �Cl COA' „t=d t0ly� t _o �eaetr� _ �,.`�°,v°t,��"o'.�_ a��'I�cowau►ro t979 e i 3=� 1979 EINGIS ,42 Keith D. Dozois, 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 FORM 8 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 interest's 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 FORM 8 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 coverageLss) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance 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 Certificates) 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 https://apps.fldfs.com/bocexgmpt/ 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 $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current 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 Contractor/Vendor 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 the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor 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 ❑ Watercraft $ noted: 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 $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance ❑ Cyber Liability ❑ Technology Errors &Omissions Per Occurrence $ Per Occurrence $ Per Occurrence 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 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 Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A " 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. GG — 3/30/22 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands 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. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/29/2022 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). PRODUCER "' Hylant Group Inc - Ann Arbor PHONE FAX 24 Frank Lloyd Wright Dr J4100 C. No E • 734-741-0044 Xc No): 734-741-1850 Ann Arbor MI 48105 A DRIESS: INsuRERA: Valle For e Insurance Co 20508 INSURED HIGGI5 INSURER B : Continental Insurance Company 35289 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A INSURER C : Allied World Assurance Co Inc US 19489 Ann Arbor MI 48108 INSURER D : American Casualty Co of Reading PA 20427 INSURER E : Transportation Insurance Co 20494 INSURER F COVERAGES CERTIFICATE NUMBER:448083633 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED.NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR OF INSURANCE ADDLSUBTYPE INSD WVD POLICY NUMBER MM/DDPOLICY /YYYY MMIDD/YYYY LIMITS D X COMMERCIAL GENERAL LIABILITY U1061922047 4/1/2022 4/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO TED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 153000 X Incl contractual PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BUA1061922033 4/1/2022 4/1/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLALIAB X OCCUR U1061922050 4/1/2022 4/1/2023 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 8,000,000 DED I X I RETENTION $ n $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WC7012265571 4/1/2022 4/1/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,0001000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional/ 0312-7992 4/1/2022 4/1/2023 21000,000 Each Claim Pollution 41000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job - Underground Contractor Services, #20-7800. Additional Insured for General Liability, primary and non-contributory, as required by written contract - Collier County Board of County Commissioners. Workers' Compensation policy includes Maritime Coverage (Jones Act) in the amount of $1,000,000. Workers' Compensation policy includes Longshore and Harbor Workers' Compensation Act Coverage Endorsement WC000106A. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COACT County Administrative Services Department Procurement SevAces DMslon FORM 9 - CotvrLICT o� I1VTl;R,VST ATFIDAVIT 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 pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), nneeting(s), documents) 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 thee 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. Douglas N. Higgins, Inc. Company Natne Signature K �Ily A Le, Tice President Print Name and Title State of Michigan county of Washtenaw The foregoing instrument was acknowledged before me by means of � hysical presence or (] online notarization, this 28th day of February (month), 2022 (year), by K 11 i u (name of person acknowledging). Aer 6tl k pill 141. ngnatur f Notary Public - State of Flm2idaj 1 David I- Wilkie Personally Known OR Produced Identification Personally Known type d if'cation Produced (Print, Type, or Stamp Commissioned Name of Notary DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 oGMar cOTolty Administrative Serlices Dejiar��ient Procurement Seriicas Division FORM 10.- V1NDOR DI':CI,ARA"PION ST�1f1:tVT�NT BOARD OF COI7NTY COMIvl<S$IONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares thaf this response is made without comreciion or a>�angement with any other person and this proposal is in every respect fair And made in good faith, without collusion or fraud. The Vendor.hereby declares the instructions, purchase order terms. and conditions, requirements, and specifications/scope of -work of this solicitation have been frilly examined and:accepted, 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 alI requirements to which the solicitation pertains. The Vendor states -that the submitted is .based upon the documents listed W y 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 WITLESS WIIER710F, WE have hereunto subscribed our' names on this 284-hday of Februar�> ?02?a11 the County of Washtenaw >:hi the State of Michigan Fitit" >o� begat Dou6las N. Higgins, Inc. Name: Address: 4485 Enterprise Ave City, state, Zip Naples> FL 34104 Code: Florida 830666 Certificate of Authority Document Number Federal Tax 38-1 R077h5 Identification Number OVD02 _ *CCR # or CAGE Code Only if Grant Funded Telephone: 2 3 9- 7 74- 313 0 Email• Signature by: (Typed and written) Title; Additional Contact Information Send payments to: Douglas N. Higgins, Inc. (required if different Company name used as payee from above) Contact name: Daniel Higgins Title: Vice President Address: 3390 Travis Pointe Rd., Ste. A City, state, z1P Ann Arbor MI 48108 Telephone: 6- 500 Email: Danes@dnhig�ins.com Office servicing Collier 4485 Enterprise Ave., Naples, FL 34104 County to place orders - - (required if different from above) Contact name: Mike Lobello Title: Regional Manager Address: 4485 Enterrise Ave. City, State, ZIP Nat�les, FL 34104 Telephone: 239-774-3130 Email: MikeLC�dnhigg;no .com Secondary Contact for James Nelson, Superintendent this Solicitation: Email: JimmyN@dnhiggins.com Phone: 239-253-3801 covier cou"ty Administrative Services Department Prowremenl Services Division FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the fine and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. 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 which will be produced at the time of the submission ofthe Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EX);CUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDORNON-RESPONSIVE. Collier County will not intentionally award County conh•acts 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 TNA 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 Immigl•ation Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions ofthe 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/bid. Douglas N. Higgins, Inc. State of Michigan county of Washtenaw The foregoing instrument was acknowledged before me by means of [physical this 28th day of February (month), 2022 (year), by Ke A ofperson acknowledging), �7 personally Known OR Produced Identification Personally Known Type of Identification Produced Print Name and Title or � online notarization, GUI Public -State of Florida) Michigan (Print, Type; or Stamp Commissioned Name of Notary Public) DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm, Expires 05/20/2024 rd JL==1LTL:A Company ID Number: 364882 F ISTT To be accepted as a participant in erify, you should only sign the Employer's Section of the signature page. If you have any questions, contact EmVerify at 888=464=4218. Employer Douglas N. Higgins, Inc. Suzanne Hawker Name (Please Type or Print) Electronically Signed Title 10/1512010 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division Name (Please Type or Print) Electronically Signed Title 10/15/2010 Signature Date Information Required for the E-Verify Program Information relating to your Company: Company Name: Douglas N. Higgins, Inc. Company Facility Address:3390 Travis Pointe Rd. Ste. A Ann Arbor, MI 48108 Company Alternate Address: County or Parish: VVASHTENAW Employer Identification Number: 381807765 Page 12 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 wwW.dhS.gOV/E-Verify C( aiifii1to Company ID Number: 364882 North American Industry Classification Systems Code: 237 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: re you verifying for more than I site? If yes, please provide the number of sites verified for in each State: NHCHIGAN 1 site(s) FLOREDA 3 site(s) Information relating to the Program Administrator(s)fnr your Company on policy questions or operational problems: Name: Telephone Number: E-mail Address: Name: Telephone Number: E-mail Address: Kelly A Wilkie (734) 996 - 9500 Fax Number: hwilkie2000@yahoo.com R Suzanne Hawker (734) 996 - 9500 Fax Number: rshawker@yahoo.com (734) 996 - 8480 (734) 996 - 8480 Page 13 of 13 I E-Verify MOU for Employer � Revision Date 09/01/09 WWW.dhs.gov/E-Verify FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall he considered unless it is made mt unaltered Bid forms which are included in the Bidding Documents. PIease read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: i 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked, 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Ivey Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) £ Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form l 1) MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding j! c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) f d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included, or you MAY be DEEMED NON -RESPONSIVE. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Ron DeSantis, Governor A d UCH I LUKdLDA Halsey Beshears, Secretary 7Je M[�� M �i iv nIN N �Gr CnUSDHAV SS AGI© ,�)�DOINUQL� L�rT F q5 1 "7 NO ®NSTRUCTI®N:.INDUSI my LBLL No III LrU)U KU THE GENERAL CONTRACTOR HEREIN= I,S:CERI"IF.IE® UNDER THE PR®VISI®NS ®F CHA-PTER OFizrCORIOA STATUTES IN IIII-- _ .� - _ NONNI AN I NO I i WAIGGINS, DANIE�: NORMAN .�,' DOUGLAS NAMIG NS INC 339'0'T_RAVIS:POINTE ROAD' LICENSE NUMBER._CC�CO.6L®189 PEX�IRATION ®ATE: AUGUST 31., _ 2022 Always verify licenses online at MyFloridaLicense.com and III o ®o not alter this document in any form. This is your license. It is unlawful for anyone other tharo-the licensee to use this document. Floridaj ) COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 000464 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertaxcollector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2022 LOCATION: 4485 ENTERPRISE AVE ZONED: INDUSTRIAL LIC 1541 BUSINESS PHONE: 774-3130 STATE OR COUNTY LIC #: CG C060189 1-10 EMPLOYEES j CLASSIFICATION: 05-GENERAL CONTRACTOR CLASSIFICATION CODE: 05100101 This document is a business tax only. This is not certification that lic�ri, ' GAL FORgh Corporati n - �II`5 I oualified. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, DOUGLAS N. HIGGINS, INC IGGINS, DANIEL N 485 ENTERPRISE AVE FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 07/22/2021 AMOUNT 18.00 RECEIPT 500-22-00073991 li does not co rae� okhej9tjejcoMitv �3f` requireMlm� �� /`� �lrvrow C�re permit the licensee to violate any existing regulatory zoning nor does it exempt the licensee from any other taxes or permits that may be ,9907��7 I certify from the records of this office that DOUGLAS N. HIGGINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The document number of this corporation is 830666. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 9, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of January, 2021 'ecr to ry of State Tracking Number: 3490847870CC To authenticate this certif"icatevisitthe following site,enter this number, and then Follow the instructions displayed. https: //services.sunbiz.org/Filings/Certificateofstatus/CertificateAuthentication Form WM9 (Rev. October 2018) Department of the Treasury lntemal Revenue Service N, Miaains, in>;. Request f0v Taxpayer C�e0fificatogion Numbew d Cievtooflicatpori Go to www;irs govJFormW9 for instructions and the latest information. name, not Clive Form to the requester. Do not send to the iRS, 3 Checkappropriate bok foT federaitax classification of the person Nitose name is entered on line 1. Check only otme of the A Fxempttons (codes apply only to following seven boxes. -certain entities, not individuals; see instructions on page 3): ElIndividuallsole•proprietor or C Corporation ElS Corporation ❑ Partnership ElTaist/estate sfngfe-member LLG Exempt payee code (if any) ❑ Limited liability oompany. Eater the tax.classifioation (CMG corporation, S=S-dorporation, P=Partnership) D Note: Check the appropriate box in thO line above for the fax classification of the -single -member owner, D.o not check Eixemption from FATCA reporting LW if the LLC is ciassiffed as a single -member LLC that is disregarded from the owner unless the owner of the LUC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded garded from the owner should check the appropriate box for the lax classification bf its owner. US,) Other (see Instructions) d dress (number, street and apt, or suite no.) See instructions. Travis Pointe Road, Suite A state; and ZIP code Ann Arbor, M19810I3 7 List account numbers) hi :Enter yourTlN in the appropriate -box. The TIN provided must match the name given on line 1 to avoid backup Mrithnolding, I v, r)yiVlduals, this is generally your social security number (SSN). However, foi a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later, For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, seethe instructions for line 1. Also see What Marne and Numb&To Give the Requester for guidelines on whose humberto enter. i�erctrtcaxton tw(side the (Apprrs taaccwnlsmainlaNed name � Social security LU or Under penalties of perjury, I certifythat: 1. The number shown on this form is my correct taxpayer ideritifi0ation number (or l am waiting for a number to be issued to tne);;and 2. 1 am not subject to backup withholding because: (a) Lam exempt -from backup withholding, or (b) I have not been notified by the Internal Revenue Service {IRS) ihat I am subject to backup withholding as a result of a failure to report all intarest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3, l.atn a U.S. citizen or other U.S, person (defined below);- and 4. The FATCA codes) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest, paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments c1he"r than interest and dividends, you are not rdquired to sign the certification, but you must provide your correct TIN: See the instructions for Part II, later. Slgtl Signature of 140i"E U,S. person P Sectionreferences are io the Iriternai Revenue Code.unless otherwise noted, Future developments. For the latest information about developments related to.Form W79 and its instructions, such as legislalion enacted after they wei`e-pubiished, go to www,irs.gov/FormW9. Purpose Of Form individual or entity (Foritj W-9 requester) who is required to, file an information return with the IRS must obtain your correcttaxpayer Identification number CrIN)which may be your social security number (SSN), Individual taxpayer identification number (IT1N), adoption taxpayer identification number-(ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not)ftrtited to, the following. a Form 1099-INT (interest earned or paid) .Cat. No. 10231X nds, including those from stocks or Form 1099-DIV (dividemutual funds) Form 1099-MfSC (various type! of income, prizes, awards, or- gross proceeds) a Form 1099-1]1 (stock -or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) a Form 1098 (home mortgage interest), 1998-E (student loan interest), 1098-T (tuition) e Form 1099�C (canceled debt) Form 1099-A (acquisition &df abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide-yourcorrect TIN. it you do not return Form W-9 to the requester with a TIN, you might be subject to backup. withholding. See What is backup withholding, later: * r im"Jon fJ Sri offirW Sine ofFlorida websne Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation DOUGLAS N. HIGGINS INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Changed: 01/25/2000 Mailing Address 830666 38-1807765 08/01/1973 MI ACTIVE DIVISION OF CORPORATIONS 3390 TRAVIS POINTE RD. SUITE A Changed: 01/25/2000 Registered Agent Name & Address CIF REGISTERED AGENT, INC. 100 S. Ashley Drive Suite 400 Tampa, FL 33602 Name Changed: 02/08/2016 Address Changed: 03/09/2016 Officer/Director Detail Name & Address Title Asst. Secretary Ludwig, Tamara J 4465 Enterprise Avenue Naples, FL 34104 Title VP, Executive Secretary, Treasurer WILKIE, KELLY A 3390 TRAVIS POINTE RD SUITE #A ANN ARBOR, MI 48108 Title President HIGGINS, DANIEL N 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title VP, Secretary Wilkie, David J 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Vice -President DeLuca, Matthew T 5355 McIntosh Road Suite E Sarasota, FL 34233 Annual Reports Report Year Filed Date 2020 01 /06/2020 2021 01 /09/2021 2022 01 /04/2022 Document Images 01/04/2022 -- ANNUAL REPORT View image in PDF format 01/09/2021 --ANNUAL REPORT View image in PDF format 01/06/2020 -- ANNUAL REPORT View image in PDF format 01/07/2019 -- ANNUAL REPORT View image in PDF format 04/23/2018 -- AMENDED ANNUAL REPORT View image in PDF format 01/08/2018 -- ANNUAL REPORT View image in PDF format 08/24/2017 -- AMENDED ANNUAL REPORT View image in PDF format 01/06/2017 -- ANNUAL REPORT View image in PDF format 01/07/2016 -- ANNUAL REPORT View image in PDF format 01/07/2015 -- ANNUAL REPORT View image in PDF format 01/07/2014 -- ANNUAL REPORT View image in PDF format 07/01/2013 -- AMENDED ANNUAL REPORT View image in PDF format 01/08/2013 -- ANNUAL REPORT View image in PDF format 01/17/2012 --ANNUAL REPORT View image in PDF format 02/10/2011 --ANNUAL REPORT View image in PDF format 01/04/2010 -- ANNUAL REPORT View image in PDF format 01/20/2009 -- ANNUAL REPORT View image in PDF format 01/07/2008 -- ANNUAL REPORT View image in PDF format 01/17/2007 --ANNUAL REPORT View image in PDF format 01/17/2006 --ANNUAL REPORT View image in PDF format 01/19/2005 --ANNUAL REPORT View image in PDF format 02/02/2004 -- ANNUAL REPORT View image in PDF format 05/27/2003 -- Reg. Agent Change View image in PDF format 01/17/2003 --ANNUAL REPORT View image in PDF format 02/04/2002 -- ANNUAL REPORT View image in PDF format 01/22/2001 --ANNUAL REPORT View image in PDF format 01/25/2000 -- ANNUAL REPORT 02/22/1999 -- ANNUAL REPORT 01/26/1998 -- ANNUAL REPORT 02/03/1997 -- ANNUAL REPORT 01/26/1996 -- ANNUAL REPORT 01/25/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N Higgins, Inc. ("Contractor") of 3390 Travis Point Rd., Ste. A, Ann Arbor, MI 48108, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "NCWRF Operations Building HVAC Improvements", Invitation to Bid No. 22-7953 ("Project"), as said Work is set forth in the Plans and Specifications prepared by CDM Smith 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 Six Hundred Eighty -Six Thousand Three Hundred Eighty Dollars and Zero Gents ($686,380.00) Section 4. Bonds, A. If applicable, the Contractor shall provide Performance and Payment Bonds; its the form prescribed in Exhibit B-1 and B-2, in the amount of 1 OC% 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 an Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.goylc570/c570.html#certified. Should the Contract Amount be less Construction Servlcos Agreement, [2022_ver 2] 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 S. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Three hundred and thirty (330) 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 Thirty (30) 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 Department Administrator or Division 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 one hundred and ninety-seven dollars and zero cents ($1,197.00) 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. C. Computation of Time Periods. 2 . M�� Construction Services Agreement: [2022—ver.21 �` 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 #22-7953 "NCWRF Operations Building HVAC Improvements". 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 8-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: insurance Requirements a Construction Services Agreernenl: [2022_ver.21 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 Z Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #22-7953 "NCWRF Operations Building HVAC improvements". 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: CDM Smith Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects 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 Solid & Hazardous Waste Management Division 3339 Tamiami Trail East Suite 302, Naples, FL 34112 Attn: Matthew Fortune, Project Manager Phone: 239-252-5397 Email: Matthew. Fortune@colliercountyfI.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: Douglas N. Higgins, Inc. 4485 Enterprise Ave. Naples, FL 34104 Attn: Kelly A. Wilkie, Vice President Phone: 239-774-31 3❑ Email: kwilkie2000 dnhi ins.com; mikeL@dnhi.g.gins.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: [2022 ver.2] 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. 5everabilit . 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. 00� Construction SerVices Agreement: 12022 ver.21 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 ail 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, ar 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. Remainder of page intentionally left blank 6 construction Services Agreement: [2022 ver.2] IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) ndicated below. TWO WITNESS S: FIRST NE Daniel N. Higgins Print Na//m//e// OND ITNESS David J. Willde Print Name Date: ATTEST: Crystal K. Kinzel, Cleric of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Douglas N Higgins, Inc. Kelly A. Vdide 06/03y1 Print Name and Title B f6 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: William L. McDaniel Jr. ,Chairman ,1 Construction Services Agreement: [2022_ver.21 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE 8 Construction services Agreement. 12422_ver.21 C'AU � O O z 4 w 1� d :2 4? LAI 00 LLW z W H fn Z —� F - P *4 C) O w_ F— IOW e� Q .. g z� amp .WOL � Q1 L CL Q_ � T w r 10 _ G �w U) W o O L r m Iq 0 VI N W N Hrvm 8 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM FOLLOWING THIS PAGE 9 Construction $elvicas Agreement; [2422_ver.21 C: AU CO xer Cc►uMy Administrative SeNres DMsion Procurement Services Date: February 10, 2022 Email: Lecartn.Charlplliereounty- l wy Telephone: (239) 252-4270 Addendum 1 From: Lecann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #l, 22 7953--NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Chas►gc 1. To remove incomplete Solicitation Packet and attach complete Solicitation Facket . If you require additional information, please post a question on our• BidSync (www.bids nc.con bidding platform under the solicitation for this project. 'Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signatlu•e) (Name of Date '+oe' County Email: LR'calliI.Char10-i. 11��1C1C()ur►ty_it�c?v Administralive Services Division Telephone: (239) 2524270 Procure+.mersl Seivices Addendum 2 Date: February 11, 2022 From: Leeatun Charles, Procurement Strategist To: Interested Bidders Subject: ,Addendum ##2, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To upload Addendum 91 PDF. If you require additional information, please post a question on our BidSync (www.bids llexonl) bidding platform under the solicitation for this project. Please sign below and return a cony of this Addendum with your submittal for the above referenced solicitation, (Siguature) Date (Name, of 0 + 03fiter COU ty AdmIalstraNe SaMces Dlvislon procuremeilt "WACes Date: February It, 2022 Email: Leotyn,n,_C_hacs(ri_ollieicountyJl. ;ov Telepbone: (239) 252-4270 Addendum 3 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #3, 22 7953—NCWRF Operations Building HVAC Improvements The following changes are mode to the above -mentioned Collier County solicitation: Change 1. To upload Addendum #2 Palk'. If you require additional information, please post a question on our BidSync (wtvw.bidsync.ec3171) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with you' submittal for the above referenced solicitation. (Signature) ( Date fJ f9-1,t fi1, /1,, S N (Naive of Ami) 0 Cofer County Adml6slratve S©Mces Divsion Noctireired Services Date: February 22, 2022 Email: Legaiin�C`In Ig a collic:rcount fy l Ov_ Telephoxie: (239) 252-4270 Addeazdurn 4 From: Leeanri Charles, Procurement Strategist To: Interested Bidders Subject: Addendum 44, 22 7953— NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier' County solicitation: Change. To upload Pre -Bid Meeting Sign -In Sheets. If you require additional information, please past a question on our BidSync (www.bicla nc.corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation ZLt, f G . �LG-�sY: (Signature) Date C'. (Name of f irm) Caffier counq AdminisiraUve SeNiees DMalon Procuremont Services Date: February 28, 2022 Emai1:.r..eca��n,Gl3arlcs c""��c�fllicrccu�lt f3,ii: Telephone: (239) 252-4270 Addendum 5 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum 45, 22-7953 NCWRF Operations Building HVAC Improvements The following changes are made to the above -mentioned Collier County solicitation. Chmige 1. To extend the bid due date and Q & A deadline: QUESTION & ANSWER DEADLINE: OPENING DAYIDATE/TIME: r, ebruar-y 1 a 202 March 7 2022 AT MO PM March 14 2022 A T 3:00 PM If you require additional information, please post a question on our BidSync (uI,%� t�.bids nc.goi bidding platform under the solicitation far this project, Please sig» below and return a copy of this Addendum with your submittal for the above - referenced solicitation, ire) n.� ► �t S J'71 c (Name of Datc 9 Odhey county pdrninistrabve SeMces Wsbn Pforurement Services Date: March 3, 2022 Email; (R)Nl1iOVCO,,,1tyf1,9pv Telephone: (239) 252-4270 Addendum 6 From: l.,ecann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum 46, 22-7953 NCV&F Operations Building HVAC Improvements 'rite following changes are made to the above -mentioned Collier County solicitation: Change 1. To remove Bid Schedule and attach Revised Bid Schedule: If you require additional information, please post a question on our BidSync (www.bids nc.corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with yout• submittal for tic abave- veferenced solicitation. (Signature) of Date 0 Administrative Services Uvhlon Procurement 5ervlces Date: Match 14, 2022 Email: l�.Gclltrrt.fv'licu 4s it)Lcc�lli�rc�a��ntyfl�;v Telephone: (239) 252-4270 Addendum 7 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject; Addendum #7, 22-7953 NCWR.F Operations Building HVAC Improvements The following clianges are made to (lie above -.mentioned Collier County solicitation: Change 1. To extend the bid due date OPENING DAYMATEMME: "'rn.. A March 28, 2U22 AT 3.00 PM If you require additional information, please post a gticstion on our BidSync (tivww�Wdsync.com) bidding platfan-n under the solicitation for this project. Please Agn below And return a copy of this Addendum with your submittal for the above - referenced solicitation. (Signature) Date OCAO Procuroment Services DiviSi011 Cof7e-r County Ian�ail; Lce�anji.t�;l�r�rles�collicicot<<7tyfl_gcn�� Telephone: (239) 252-4270 Addendum 8 Date: Iola rch 28, 2022 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject; Addendum 48, 22-7953 NCWRF Operations Building HVAC Iinpeovements The following changes are made to the above -mentioned Collier County solicitation: Change 1. To extend the bid due date. OPENING DAYMATEMML; Mareh 28,O,April. 4�2022, AT 3.00 PM If you require additional information, please post a question ou our BidSync (4vwbidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above- refevenced solicitation. (Si R1IaWM Datc e ofvirm) G Co ier (County Aciri histrative Services division Prookirement Services Date: March 30, 2022 Email: Lecann,C:hades a calliercourtt ll, +_iv Tclephone: (239) 252-4270 Addendum 9 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum 49,22 7953—NCWRF Operations Building I1VAC Improvements The following changes are made to (lie above -mentioned Collier County solicitations; Change 1. To upload revised Solicitatiots Packet with update to Insurance Requirements. If you require additional information, please post a question on our BidSync (w► w.bidtiync.com) bidding platform under the solicitation for this project, Please sign below and return a copy of this Addendum with your submittal for the alcove referenced solicitation. 3131 1 �.� Date [Name of 0 11001011 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCWRI+ OPERATIONS BUILDING TIVAC IMPROVEMENTS T31 D NO.22-7953 Full Nnnie of Bidder Douglas N. Higgins, Inc. MEdii I31[siness Address i7'Travis Foi le d Ste. A nn 1 rhor MI �l1310 Place of Business_485 �nteriarise.A�,�„Naples FL 4104 Telephone No. 2 - 4-3130 Fax No. 239- 4-4266 State Contractor's License ft CGCO60189 Stale ofFloridlt Certificate of Authority Document Number Federal Tax Identification Number DUNS ii 01.-722-2183 CCR9 Cage Code _ OVD82- _ To: BOARD OF COUNTY COIYIIl,f1S51ONER5 OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bidas Principals are those named herein, that this laid is submitted without collusion with any other person, firm or corporation; that it has carefully examined [lie location of the prop❑sed Work, the proposed form of Agreement and all other Contract Documenti and Bonds, and the Contract Drawings and Specifications. Bidder proposes, slid agrees if this Rid is accepted, Bidder will txccute the Agreement included in the Bidding Documents, to provide all necessary inachineq, tools, apparatus slid oilier means of construction, including utility and tratlsporIntion services necessary to do nil the Work, and furnish ail Ills materials and equipment specified or referred to in the Contract pactinients in ilia planner nud Limo herein prescribed and according to the requirements of lilt Ownel• as therein set f'oilh, furnish the Contractor's Bonds and Insurance specified in the General Conditions of [lie Conlraot, and to do all other things required of the Contractor by die Contract Documents, and that it will take fill] payment the sums set forth in the following Bid Schedule: Unit pi -Ices slittll. bp provided in lio more dials two deciainl points, attd is the case 5vltere fur•fhel• deciiilal Pints are inadvertently prnvtded, rounding to tvvo dechnlitl points will be conducted 13y Prociu•ement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form ntlathed to the Bidding Documents within ten (10) calendar days and deliver the Surety Hoed or bonds and 111sUrnnce Ce1'ti8cates as required by the Contract Documents. The bid security attached is to becoine 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, a8 liquidated damages, for the delay and additional expense to the Owner, It being recognized that, Since time is of the essence, Owner will stiffer financial loss if 1110 5ucoessfnl Bidder fails to execute find deliver to Owner the required Agreement, Insurance Certificates and -13onds within the required time period, In the event of such faihlre, tlra total amtannt of Owner's daulages, will be difficrdt, iF [101 impossible, to dtlinitely ssceitain and quantify. It is hereby agreed that it is appropriate and fair that 0lvlrer receive liquidated damages fl'oin the Successful Bidder in the event it fails to execute and deliver' the Agreenlant, I11SLIrWICe Cei'titlCIIteS, and Bonds as required hereunder. Tile Construclion Solicitation Doc rev 02-21-20 C+�n Siaccesmfil Bidder hereby expresslywaives and relitrrlOshes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, whioh the parties agree mpresents a thir and roasonubla estimalu of Owner's aotnal damages at the time of bidding if the Successful B idder fails to execute and deliver tha Agreement, 1um-ante Certifitates, and Bonds in atimely mantler. Upoii t--ceipt of the signod and nppmed agreement and Pumhasc Orrler, the undersigned proposos to commence work at the site within five (5) eala,ldar days from the commencement date stipulated in tlio.wditan Notice to Procmed unless the Project Manager, in writing, subsequently not1'rjos the Contractor of a modified (later) commerteement date, The undersigned fimtheragrees to subgtantisally romplate ell Work covered by theseBid within Thma hrzndved And thirty (330) cwI sevutive anldn4ers days, computed by exo1kidingthe OOli1r Oncement date, and 1sioludinatbe last day ofageh period, and to be tlrlly completed to the point offiinal neceptnnce by the Owner wlthht Thirty.(30)cottscoutlt+e calendar days after Substantial Completion, ,computed by excluding commencement data and "including #lie last day of suoh period. Acceptance and acknowlOged by an Authorize Agent Signature16N� r 4 Title. Vice President Date: 2/28/22 Construction Sollcllatlon Doc rev 02-21-20 CAO FORM 2 CONTRACTOR'ST(p j,jr PERSONNEL ASSJGNED TO THE PROTLeCT NC WRr OPERAnONS BIBLDING J•xVIkC BIPROVEMLNTS Bid No. 22-7953 Name James Nelson Michael Lobello Construiction Soilcitation Doc rev 02-•21-20 Personnel CNICgOrY. C_onsvoction Superintendent Prajed Manager (9 F01013 _ MATE, RLtL MANUFACTURERS THiS r, om I lV ugr BE CON[PLETRO) OR MID SHALL RS DEEMED NON -RESPONSIVE All Bidders shnil confu•tn by signatuir, that thdy will provide the n3autjfpcturer3 And materials outlined iu thia ]aid specifibAtions., including compliance with.Flakida Statute 255.20 to provide lumber, timber and other fol'est praduels produced and mnnufaetured hi the State of Florida as long as the price, fitness and quality are equal, Rxaeptions (when equals are accep(aLbie).may be requested by cpmpleting the Material Mam ifacturar Exception )Liar below. Yf au axception.for a malitafactilrar and/or material is proposed did listed below find is not approved by Engineer/Project Managet, Bidder shall furnish the mnnufactueer named in the sprecification. Acceptance of this form does not aonstitUto acceptance of Inaterini proposed on this list. Complete and sign section AMB, Section A (Acceptance of ail ananrufactuMs and Watarials in Bid spac)iioations) On behalf of my firm, I confirin that we will use all manufaotturers and materials as specifically o.utlinCd in the Bid specifieattolm Company; �J gh Signature; V 1 Date: 2$ 22 Sutton B (Exception requested to Bid' specifications rnanufaclurers and materials) BXCEPT o—NMATERIAL EXCF,1RTI0N MMUFACT R I Please insert additional pages as necessary. CoMparry: Signature! Date Construction Solicitatlon ❑oo rov O MIY20 -- _ FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS TWIST MUSTBr COMPLETED OR BID MAY BE DEEMED NON-RESPOVSI'VE The undersigned states'Ihut the following is a list ofthe proposed subcollilwtors far the major calegorics outlined is (lie requirements of the Bid specifications. The utdorsigned aclalowledges its responsibility for ensuring that the Subconlractom Coelho major categatias listed herein a1'e "qualified" (as defined in OrdinagCe 2017-09 and Scutlon 15 of 1118MICtiOnS to BidddM) 1111d MCIall legal requirements applicable to and uecessitaled by the Contract Documents, including, but not limited to proper licellses, cerlifications, regish'ations and insumice coverage. The OWMP ImerVes the right to disqualify kiny Biddor who inaludes non -compliant or non -qualified Subcontradol's hi its bid orfar, 11111-thor, file Owner may direol the Successful Bidder to removeh-cplue any Subcontractor, at no additional cost to Owner, which is found to be non -compliant With this regniroment either before or after the issuance of the Award of Contract by Owner, (Attach additional sllcati as needed). Further, the undersigned acknowledges and agrees That promptly after the Award of Contract, and In accordance with the re drekncnts of the Contrnet Documents, t11e Snacessfid .Bidder shall identify till Submitructors It iatends to use on the Project. The undersigned f n'thar agrees thktt till SubcommOors w6seclu01111y identified far tiny portion of work on Iliis Pl'ojecl must be qualified as holed above. MHjor Category OfW0J-k Subcontractor nnrl Address 1. 1�IeCl1'lcal �_ i...,leeS _ _ 3. Plumbing 1- 4. Site Wodt S. Identiry other wbContractors th.lt repreSullt 11101'e LIM) 10% ofpriea or that urrnnt (lie critical path n(the schedule _ Company: Signature: Construction Solltaitotion Doc rov 02-21-20 Date: 2/28122 (9 WORM 5 -STATEMENT OF EXPERIENCE Or BIDDE, R Tlio Bidder is required to state below What work of similar magnitude completed Within the last fi%re (5) years is a judge of its experience, skill and business standing and of its ability to conduct 'tile w01'1c as cot pIrtely and as rapidly as mpired imdrr the terms of the Agreement. 1. See Attached (Project Imme) (project o4vner) 2. 3. (Prgjccl location) (Owner's address) (project description) (Owner`s Contact person) (title) (Project starllcotnpletion dates) (contract valve) (phone) (email) (project name) (Pro] CC( owner) (Project IaCation) (Omier's address) (project description1) (Owner"s contact Person) (title) (project starUeompletion dates) (Contract value) (Phalle) (email) (Project „A1110) (project 4W110u) (Project location) (Owner's address) (project description) (Owner's Contact person) LI)[ VJGLL ZUIJ V VN311JJ1 - - . .r --• I • -J Construction Solicitation Doc rev 02-21-20 (phone) (email) 0 R01tR4 5 - IS ATE14 TENT Op' EXPGMENCE OF BIDDER 4. W. (project name) (projoOt lo¢atiou) tojeet owner) (Own5y's address) (project description) (owner's contact pellon) (pi jettco�rtpletiortdata) (001%,actvalue) (phone) (email) (project name) (project location) (proj cct descrjpt in a) (project oompletion date) G, (project bents) (prnjcot Owner (Owner's address) (title) (Owner's contact person) (title.) (canhl�crvttlue) (phone) (orrt�il) (project owner) $rosect Iodation) (Owner's address) (project description) (Owner's contact pel'sotl) (title} (project completion date) (Wntm0vatue) (phone) -(email) Compaay: SiglifLUire: Construction SofiblielIgn Doc i0v 62-21-20 te, 2128122 EXPERIENCE STATEMENT - SOUTHWEST DIVISION GRASIP Phase 1 Stormwatar Improvements Job No: 1250.20 ColllorCatlnly GrOWlh Monagamenl Department 2695 $ouch Hsrseahoe Drive, Ste, 103 Naples, FL 34104 (2319) 252.2322 Josepfl Delete, PPM Jmeah.dalatatmcolllerccantvfl vav Trobilcock Consulting Solullons 29tl0 Davis Blvd. Naples, FL 34105 (239) 560-9551 Norman Trahllcook, PE 41r2�.tlSefJlk7lat6ls 299; January 20. 2021 Irac1 Anlounh $015,5413.00 m Dale: .tiny 28. 2021 ixinglreplaced cuWeris at three ftaway locations; h151811a11dn of a culvert and plugging of exlsling cornlgalad wallet pipo oldverl at Ilia e SI)Barofosl Williams Rd. Inlerseellon; Installation or a new large structure where the existing ditch along the east side of Barefoot- ams Rd.. Ends at Iha NE comar of the Artesia Development; Some rclaled ditch hank work and a water main dell under the box art Insiallallan at Price St, Bypass Pumps Job No: 1720-20 City of Naples - UIIlipas Dapl, 1450 41h Ave. N., Sldg. 050 Naplea, FL 24102 (239) 2134727 Kevin Swisher, Utilities Malotonance SuperWsm �nglnIaw1UtR[tP.afel�Sx2v.eam ae _ Afte so - Phone; Johnson Engtneering 2122 ,lahnson St. FI, Myers, PL 33932 (239) 334-0046 Mork Thomas, PE mwMlohasonenx.mm a1a� septamdar 2. 2020 Qp}racl AmaunI13 $981,604.65 comulaligo Da* April 29.2021 P1101ecl Remotion: Emergency bypass pumps were installed at savers sanilary sewer M stations. Upgrades and Improvements (ncludad modifying the plping from ductile Iran to HDPE, replace pump base elbawa, feline W81 Wells to prevent Inllllrallcn and Intrusion of ground walor, replace 9tondpipes, float racks vrnh slainiess staal for longevlly, remove valves from undergraund valve: vaults to ohova ground end consirucling MISad ococrele pads for Iha bypass punlps, Charlotte County LS 937 Joh Na. 11575-20 Panlrople Power, Inc. 8205 NW 581h Skeet Miami, FL 33100.340e (305)477.3329 Rolando Coll roiando- roll p&ntranlc,com - Address • PhOn0: N/A corilroqL D"lel February 0, 2020 Final CRn1rgk8my—nnl,' S79.200.00 Camolellan Vale: April 27, 2021 P ec ee�JpJ�r� Decommisaloll exrsling ATS; Dacommisslon exisung generator and remove feeders; eornplelo electrical rnetallnpon of new ATS; Install PVC eoncivil and copper Wire to the lift station; Form and place a concrota generator pad; Sol a now Caterpillar 300 KW standby generalor; Complete electrical Instafiallon of new generator; rosiore area. Rrolecl Nrspll% NCWRF Oxidation Ditch h Mechanical UpgrBdeb job No: 1330.20 steer - Address- Protect M9n99*r - P a e: Calller County Public Willies 3339 Tamlaml Trail E., Ste. 90.� Naples, FL 34112 (239) 262-5372 Wayne Kartovlch, PE W.%"a.KartavIChMIa111araa tatvr1,Qov Halo Monies 950 Pflcofe Way Naples, FL 34110 (239)254.2000 David Schmlll, P.E. R nyld5shmlt k� Irm ehn.tam Ak July 6, 2020 Irect Amount: $262,008.09 m Dalet March 20. 2021 Protect Do^orip&9 Reinoval and Replace mant of five aerator aharls, discs, bearings, coupling and appurtenancos. The direct drive motor and gear box units were removed ham Ilia existing aerators and Installed on the now aerNlors. Owner supplied equipmenl from Evoqua VValerTeohnaloglos, LLC. M\Grvp6aX (RNH1jWrPp1r0v t6NI-IIA"aPI0 01flce Wlanegars,E rperienuu 5141emoot 07 3120 FXPERIENCE $YATEMENT-S4UiHWEST DIVISION PrOPE1 NCvgRF Foll Proleollon Lila Line Syslem Pralecl Name: oil Weft Read force Main Improvements Job No, 1370.10 Job No. 1320-18 e- d Qa - P O DC 0 4; er - Id hC Mona- e e Collier Counly PubIW Ulllllles Collier Counly Public Utilities 3330 Tainlarfll Trall F., Ste, 303 3339Tamlaml Trail E-, Sia. 303 Naples, FL 34112 Naples, FL 34112 (239)252-5372 Paul Abbott, PM Wayne Kaflovf0l, PE PauLAlaORFOeaKeLimrnndLdQY -WmmVnt.IfarJAfts4ea111oreauntylLW F_nqIqe - A o e: ImOAlnaer - Addrau - P_hgne� wood. PIC Johnson Cnglneeing 281 Airport Rd. S. 2122 Johnson 61. Naples, FL 34104 Ft. Myers, FL 3%01 (2313)643.4147 (230)334.0946 Angel Rodriguox, CFM IMP Mike Dickey, Y.E. AftElll--AbquekPAWaedere,rom conlract Data: March 25, 2019 fnrdPlahn&Qnvart,�-_W Conmcl halo: Doceniber 3, 2019 Final Col Amottgl; $192,600.27 Final Conlracl Amounl: $462.667.3B �om0lopon alo; August 2, 2979 D Cnmolatton pale: So lember7, 2019 P Pmlacl DescIpIll ?slack Porrriplign; AERA71DN BASIN Inslalled approximately 3700 LF of 8-Inoh, 10-Inch fled 12-Inol1 Installed thirteen 24l' overhead cable Arellne fall protection systems waslewsios force main. AERATED SLUDGE HOLVING TANK InsWil two 140' Overhead Cahlc lifeline fall ptolectlon xystems, three 160' overhead cable lifeline fall prolaclion ayalsrns, ten comprossion braCBs, tan llritIna trolleys Prolocl.Name Orenoo Tree Plant Force Main Irriprovemenls Mia—c _L+lame 05th Ave. N. Puhllc Utilities Renawal Job No. 1340-18 Jab No. i WP-18 a- a act h n dross- PrulqCL a o e- Phol Collier County Public UIIIIIIea Copier County P011C UIIIIties 3339 Temlaml Trail E., Ste. 305 3339 Tamiaml Trail I:,, Ste. 303 Naples. FL 31112 Ill FL 34112 (239)252.5372 (239)252-4233 Wayne Karlovlch, PE Corinne Trion WavnI'lipf Corinne,7r[an6?esiijoreounNlLaQY Adjl - Phe Johnson EAgineadng Fnnlnaar • Address_- Phone: 0, Grady Minor & Associates 2122 Johnson St. 3000 Vla Del Rey Fl, Myers, FL 339011 Bonita Springs, FL 34134 (239)314-0046 (2391947-1144 Mike Dickey, P.E. Juslin Frederiksen, P-E. Ifnderl Ilpj>aera�VlgIhOLCM mrdaDlahn�onen>c rAm[Am Canlrsrck.DAls: Augu6127, 2018 Canlrabate: June 28, 2010 nal C m i• $152,688.15 Final GanlrAcl Amoxnl: $5,443,fll Completion Qu1W 9eplemhor 76, 2010 _QWp1gtlon Ill January 10, 7020 Protect o ' Installed approkimalely 1220 LF of 16-Inch wastewater force main. Prol%I Pescrlpli011 Remova 6325 LF of 0-Inch asbWslea concrete water maln piping; Install 0325 LF of new 8-Inch water mall) piping, new fire hydrants, gale valves and water services. Install of new waler sor0ces and rolocallon or water motors and hackoow PfMnlers. Remove 5000 LF 01 sewer pipe, eoncrolo manlwt0s and sorvlca laterals:lnslallatlon of 5800 LF of now 8-Inch sewer pipe, precast sleet reinforced polymer concrete manholes, Replace sanitary sewer laterals. Remove and install now Fill and l slormwatet piping, catch basins. Inllns yard drains and mitered and sections. Roslore drIOWAys and rebuild The roadway AnU asphalt. 0.\oropbag IDNHIj%grephar (bNHlltNwplar alfice Mama4r$NEcPellenco SlatomentO 3120 EXPERIENCE STATEMENT - SOUTHWEST DiViSiON NOWRF Aeration Equlpmeni Replacement Job No. 1260-16 Address - Protect, Manaaar-Phone: Coillar County Public Utilities 3339'ramiami Trail E., ste. liu Naples. FL 34112 (239)252.5372 Wayne Kariovich, 9enlcr ProjeCl Mpr. • ddrasm-2- n= NIA ocicber 5, 2016 5415,602,00 February 29, 2618 4rrrallon Equlpmani was removed and repiaced for Oxldaton Dllch Al and saiecllve aeration o9dpment Was runloVed end repiacod for Dxldailon Ditch f12, Emergency - Collier Blurt. & 1-75 Water Mafn Repair Collier MO. & City Gala Dr. WM Repair Jab No. 1419-17 r-uu Collier County Water Dlslribution 4370 Meroanllle Ave. Nnptes, FL 34104 {239}252.0245 Pamela Ubdy, Water ❑Isldbullon Mgr - Uwe, a.1ihbVPtd$1lar[0uatVf1,90y u - Adtlress - Phone: NIA November, 2017 S416,336.57 Novembof 13, 2017 SCRWTP Sludge Tlilckener Refurbishing Jab No, 1270.10 Collier County Public Ugggas 3331) TamlalN Tfall E.. 819. 303 Naples, FL 341 t2 (239)252-5344 Alicia Abbott, ProJeCI Mgt. [ e Enalneer -Address_-.Phan: TKW Consulting Engineers, Ins. 5621 Banner Dr. Fort Myers, FL 33912 -239 Douglas Eckmsnn, P.C. pouglb .eekm,�ann�hlnvgnl ne.cam November 1, 2016 Vert Amount; 092,768.90 +n Dale; November 17, 2017 Retw1blabod Ina lime sludge IhlrXeiner mechanism. Cleaning the gravity Ilslekoning basin, dispose of all materials, remove 5upporl bridge, the Inlet Well, drive and 116 assembly, torque tube, flight arms. Tranapod the drive and lift assenibfias to and from 13vlvo authorizod febultd canter In Tampa, FL. Arrange the laelory sulhorized rakublshing. Remove fulling & docking, sandblast, ropulr and replace corroded sloel, and racaat the support tAdge. Reinstall grating & quordra3ll, install refurbished drive mull 1111 mechanlamv, and Install now fabricated componenls, Run naw wire and condult for electrical work- Touch up coating dameflad during Inatallnlion. 107Ih Ave. N. public Elillllles Jot) No. 1600-17 Collier County Public Utilities =9 Tamlaml Trail E.. Ste. 301 Naples, FL 34112 (250E262-2509 Michael Stevens, Senior ProJaal Mgr, Mich bvLStaY��Qll IbrcvunNfl.s� 0, Grady Minor & Assoalales 360D Via Dal Ray 9onfln Springs, FL 31134 (239) 947.1144 Justin Frederlkaen, P.E. ryIfnn1d��nksvn�g�dvmrn er-ty m Dw0I Kehruary 29, 2017 tractAmount: $3,279,110.36 m Dale: April 20, 2018 Price ©rothars Pipe Repair Remove and In3lall approx. 4250 LF of new 6" water mnln piping and appurtenances, new fire hydrants, valves, water services. Rtetars and backgow prevantars. Ramova and Install approx. 4400 LF of new 6" PVC gravity sewer pipe, manholes, ana replace existing se rlllary sewer sorviee laterals. Remove and install epprox. 6100 LF of i1i" end W HQPC perforates stormwAtor piping. install approx, 3260 LF of 16" and 24" HOPE and RCP stormwaler piping, catch basins, sadirnant catch basins, lunatlan basins, Inlino yard dralas and mitered and seallsna. Restore dduaways, rebuilding Rile roadway, subgrada, base, end usphsll. e:>,0rvpb4x 10NICIAbrophom j6N"1j\N8pivs CHIco Manbgnrrlfxparlan ca 51a1 Cmaht a7 112d tXPFRIENCE STATEMENT-SOUTHWESTI)IVI$ION Wggllls Pass Road Water Main Imprevalonnls ,lob No, 760.15 Cu111nr County Public Utilities 3339 Tamiaml Troll E., Ste. 303 Naples, FL 34112 Mans Duari (239) 252-4210 e a uerldrrallle[avY,� Jonnson Engineering 2122 Johnson St., P.U. Box 1550 Fort Myers, FL 33902 (239)334-DO40 Mlchaal Dickey, P.E. mtc10lohnsoneae12M ,ontracl Oale! March 10, 2015 :lfwl Contract Amount $5RI'S95,4n � mplallon Dais: D9chmhar 15, 2a15 'rclect Oescripllon: nsiallailon of 4400 LF of 12" Water Main and 1500LF of a" Water Main. Sore and pill$ In approx 100D LF of 12" WM under exiling tonal! creek 3rout 6 Gap H4po 1-F or 12,, WM, overlay 45oo f r of Asphall afdewalk. 'onuele and asphalt rastorallon of drive and walk ways for 28 rosldonoos. removal & Disposal of 1290 LF of 5'Aabaslos Cement Pipe, Pallcan Marsh Elementar 301101 Repfecatnent Job No. 1446-15 Collier County Public Uillltlos 3330 T4mlaml Trail E., Ste, 305 Naploa, FL 34112 Natftan Deals (230)262-2583 Q. Grady Minor & A50oelalos, P.A, 300D Via Del Roy Donna Springs, rL 31134 (239)947.1144 Justin Frededksen, P.E. I f re dra Ik raa>@ u r adv mr b a r.e a m DAk November 11, 2015 t(&rL_8a ); $109,8311.45 ;OpAL February 17. 2010 Install a new 10"DR11 HOPE water service to the Pehcon Marsh School by directional drilling under Alrporl Pulling Rd, and canal to connect to on oxlsling 16" DIY wotar main, Inslall valvoa, cdaptom, 51tinps, etc. Connscl to school's water assembly, sidowalk restoration, handrall replacement, air release valve. Grout & abandon his existing 0" DIP water service. Replace landscape and sod. _ Job No, 1445.15 Collier County Public Willies 3339 Tamlaml Trail E„ SW 303 Naples, FL 34112 Nalhan F1ea1s (239)252-2589 Nath;nllo;Ii@reblaoreaV.nor EnnIneer - Address - Phone: RWA Engineering 6610 Willow Park Dr., Ste. 200 Naples, FL 34109 (239) 597.0575 Mark Sunyak, P,E, meun va 1 edc a n s411-rWP,t41n Contcaal.l3aW November 20. 2018 Final Conk 80 Hunt: $1891980.108 Corrinta 0: March 10, 2010 PL41li9L209 _1L2I: Abandonment & grouting of approx. 6000 It of 8" water mein located primarillrmillin Iho median of Alrport-Pulling Rd. balween Palloall Marsh Elementary School and Immokalse Rd, Disconnect 5locapons Irom an exieling $" waletr rnolo end connect 3 locations to a 16" water main. Grout the abandoned 0" waler main pipe. Pros a WWTPReuwPump Replocemanl Job No. a t0.14 timer - Addross - P1QIect ManaSdr- P 0n0' Clly of Naples - Ulllilian Depadmant 380 Riverside Circle Naples, FL 34102 David Groff drraffonallm< tom (239) 253.5884 Tetra Tech, Ino. 10800 Chevrotel Way, SIe. 3D0 Estero, FL 33928 (230)390.1497 June 11. 2014 $879,972.75 NDVembeF 13, 2015 Insiallallon of 1 new $40 HP Vetllcal turbine Pump, associated plping and valves. Provide and program 4 new VFD's for Ilse 4 Hausa Water Pumps. Replacement of conlr015 for the pumps and programming. Remove aid HVAC units, provide now HVAC urtils, 10 and 15 Ion wiilh mnlrols, Bay Vlllah Water Main Replacement Job No. 695-15 Uwnar -Address.- Praleol Manager - Phone: Cohlar County Publto U111111os 3339 Tamiaml Trall F., Ste, 303 Naples, FL 34112 Diane Duerl (239)252-4210 Qlan a ova N(8tb I II arxovnal Johnson Engineering 21122 Johnson St., P.D. Box 1550 ran Myers, Ft. 339D2 (239) 334-0046 Michael Dickey, P.E. age; May 11, 2015 tgi;L6M2= $442,871,00 50 pAtg; Fabruory 17, 2010 Install Approx. 2500 LF of 4" and 0" C900 OR 14 PVC Waler Main, gate values. Install t" water services, oantlect to existing water mein, out in sewer claan outs, abandon & grout existing walor main. Fllrnlah B Ifnslall permanent below ground blow -offs. Rectoralion 0f landscaping and sod. Jab No, 690-15 Collier County PUb11c U11111Ias 3339 Tamiaml Trall E, Ste. 303 Naples, FL 34112 Diana Duel (230) 252-4218 Q. Grady Minor & Associates, P.A. 3000 Via Del Ray gonna Springs, FL 34134 (239)947.1f44 Frank Feeney, P,E_ ireene4W RftldV[Y,InBr,Cem Contract a a March 10. 2015 Plaai COahad Amouw: $077.415,77 gupjgllan Dale: March 2, 2019 Prclacl Doscrimlan, Corwin! ail existing Ore main sysldnl to a polable walor system• New valor main coneltuCllon to extend the system and Inler- connecl the exlsling fire ntaln. Clcan$ng, (1110100, dIslrracllOn & bactadological clearance, extension of new Water service, new water motors and backllow devices, 0A80ng water main r:veinm ahanddnmanl and restoration. a:\oropbax (bNMAOruphax IDNNI)�NaQlas affica MaoaltatilEvpatlenae Sialoment 07 31 20 9 FORM G - TILE, NCH SAFETY ACT kidder -Acknowledges that included iit the various items of the, bid end.in the, Tatal Bid price are costs for complying with the F101•1da Trench Safety Act (90-96, Laws ofFloridu) effective October 1, 1990. Tt r Bidder Rutlier identifies the cost -to be summarized below: Ti,enth Safety Units Pf Unit Unit Extended Cos Measure Mensora ue dit Cost Qedotiution) (LF.SY) Attu 410. � � 000 " 2. 3, 4.- 5. TOTAL Cog Failure to complete the above tnny result in the Aid being deciamd non- esponsiv6, Compaliy: siguaturce Conat�trctian Solicitation Doc rov 02-21-20 Date: 2/28122 9 FORM 7 - I3113'BONT) KNOW ALL MEN BY THESE PRESENTS, that we Doudas N. Hiigginalne. (herein after called the Principal) and (Herein called the 5r11-0ty), it corporation chartered and existing under the laws af'1he State of _ CT with its principal offices in the city Of.__HaL'LfQ_►d and at,tltorired to do business in the State of L __ are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of Five perrent of the attaded bid _ dollars ($ _ ) good and lawful money of the Unite States of America, to be paid upon dentand of tile O►vatei., to which payment well and truly to be mad(t, the Principal and the Surety bind themselves, tllleir ]teirs, and executors, ndminisiralors, and assigns, jointly and severally and firmly by these 1)rosonts. Whereas, tite Principal is about to submit, or has submitted to the Owner, a Bid for furnishing rill labor, tnaterials, equipment and incidentals necessary to furnish, install, and holly complete the Work on the 11rojc0l, known as laid No. 22-7953 NC.'WRtF OPERATIONS BUILDING: IIVAC IMPROVEM121 NTS NOW, THEREFORE, if the Owner shall accept the Bid of the 1'nINCIPAla and the PRINCIPAL, shall enter into the required Agreement with the Owner and within ten days nfler the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in Rn amount of 100°/a 11to total Contract Amount as specified in file 13 idding Documents or ContractDoeuntents with good and sufficient surety for the faithful performance of the Agreement and ror the prompt payment of labor, materials and supplies furnished irr the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agrernmont or to give such band or bonds, afid tleilverto Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OSLIGUR the fixed sum of S 5% of g j�c1&doted above as liquidated damages, Find not as a penalty, as provided In the Bidding Documents, then this obligRtlon shall be null and void, otherwise to remain in Rill force and effect. IN TESTIMONY Thereof, the Principal and Surety have catiscCl these pl`osenis to lac duly sinned and scaled this 28 day of I'ebruat , 20 22 Douglas N`", gins, Inc Principal BY Lleense Couutersi�ne- `- NIA (Seat) Surety (Seal) Appointed Producing Agent for i Wrs t Dr. 3 U. Box 541, Suite 74100, Ann A3•bor, M148106 Direct InquirleslClairns to: THE HARTFORD BOND, T-12 ER OF T T� RNE one Hartford Plaza Hartford, Connecticut. 06155 13.g.nd.clait'ns@.thehartford.co call.' 808-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THA'r; Agency Name: HYLANT GROUP INC Agency Codes : 36.361600 36.350861 81.151273 0 Hartford Fire Insurance Company, it corporation duly organized undcr the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly ❑rganlzed under the laws of the Stutc of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under tic laws of the Slate orconnecticut Q Hartford underwriters Insurance Company, a corporation duly ❑rganizcd under the laws of the State of Connecticut Twin Clty Fire Insurance Company, a corporation duly organized under the laws of the state of Indiana Hartford Insurance Company of llllnols, a corporation duly organized under the laws of the State of Illinois 0 Hartford insurance Company of the Midwest, a corporation duly organized under the laws or the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the Stale of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, ccnslitute and appoint, up to the amount of u►rllmlradr Susan 1=, Hurd, Vicki S, Durican, Michael M. Hylant, Jamie Laurencelle, Kristie A. Pudvarr, Lisa M, W1mot Judy K. Wilson, Kathy S Zacic, Terri Mahakian their true and lawful Attorneys) -in -Fact, each In their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by N, 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 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by Its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companles, the Companies hereby unambiguously affirm that they are and will be pound by any mechanically applied signatures applied to this Power of Attorney. drw ,p w wy4 �74rs r it 4pry1<� ,�¢y "` r" 'µr,rxrrr� ♦~0 a Y �d1na+4r� s fF ✓nu i, +�kr,lrur�'�n eeoreM 1079 47q t IPY9 Shelby Wiggins, Assistant Secretary Joelle L. LaPlerre, Assistant vice president STATE OF FLORIDA ss. Lake Mary COUNTY OF SiEMINOLE On this 20th day of May, 2021, before me personally came Joelle L. LaPierre, to me known, who being by Me duly sworn, did depose and say: that (s)he resides In Seminole County, State of Florida; that (s)he Is the Assistant Vice president of the Companies, the corporations described In and which executed the above instrument, that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; thattheywere so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. y.Rl,l4r i,�i.J 7 lessicaCiccone ,� trgr, iTy [4��•� My Comrnissia74 IiFI 112290 Expires June 20. 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is stili In full force effective as of February 28, 2022 Signed and sealed In Lake Mary, Florida. p,,,14ryry N ,j1�"y'yiY ly,,i 1� �r a L• s.y�j. � µ saerK? 1 �ov'y ¢ __`��►11 'lNti�.d.�i' r �r.;R..i� • r e,+�n�+ •rtyi,a" • J4f [tr1, rwarr qy,,,,,,,,.N Keith D. Dozois, Assistant Vice President 0 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 FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the frill insurable value of the scope of work, The County and the Vendor waive against each other mid 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 nneet 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 interest's 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. -Me 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 FORM 8 with the use of Insurance Services Office (ISO) forins and endorsements or their equivalents. If Vendor has tray self- insttred retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and ainouut 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 unlil the date of completion and acceptance of the scopo of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thiity (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 frill extent permitted under such policy. Should at any time the 'Vendor not maintain the insurance coverageW required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageM and charge the Vendor for such coverageW purchased. if Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset those 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, not - shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of rite County to purchase such insurance coveragoW 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 [lie 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 oertificate(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 I. Lq Worker's Compensation Statutory Liinits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits urtd Requirements Evidence of Workers' Compensation coverage Or a Certificate of Exemption issued by the State of Florida is required, Entities that are farmed as Sola Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://avns,fldfs.corti/boccxempt/ 2. N Employer's Liability S_1,000,000-___ single limit per occurrence 3. Z Commercial General Bodily Injury and property Damage Liability (Occurrence Form) patterned after the $ 1,000,000�single limit per occurrence, $2,000,000 aggregate for Bodily Injury curretrt ISO form Liability and Property Damage Liability. This shall include.Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4, M Indemnification To the maximum extent permitted by ,Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and casts, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Conti -actors Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5, Automobile Liability $_1,000,00U— i?aeh Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence nott:d: ❑ United Slates longshoreman's and Harborworker's Act coverage shall be, maintainer] whore 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 Set -vices under this Agreement. Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per' claim & in the aggregate ❑ project Professional liability $ Per Occurrence E] Valuable Papers Insurance $� Per Occurrence ❑ Cyber Liability ❑ Technology Errors & Omissions $ Per Occurrence 5 Per Occurrence G 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 bond in a sum equal to 5% of the cost proposal. Ali cheeks shall be made payable to the Collier County Board of County Commissioners on a batik 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 Payment Bonds cotilract by Proposers receiving award, and written for 100% of file Contract award Mount, 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' stirplus, 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 lie is required to meet. The same Vendor shall provide County with cetTifiaates of insurance meeting, the required insurance provisions. i0. ® 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 tile, beihefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. I L E5 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. Tile 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 behalfofCollier County. 12. R On all certiflentes, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tarniami Trail East, Naples, M 34112 13, Z Thirty (30) Bays Cancellation Notice required. 14, Collier County shall procure and maintain Builders Risk Insurance on all construction pl-ojeots 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 Disk Management Division. GC — 3/30/22 Vendor's Insuranee Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of lhese 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, AdmInistrallva Selvfcds DepmtnicA PrccuremuO $pn11r;R A N1491011 POR14 9 - CON]tl ICI' OII IN7'EitLrSi' A1z i Il1A 1'I'1' The Wndor certifies tltnt, to the best of its knowledge and belief; the past and cul'l'cillt work oll any C;olliff County Iiroiect ntTilialed %vith this solicitation clots not pose an 0rg&lli7.atinn>Il conflict as described by one of the three categories below; I3irlsed g1'oulid rulos --The firm Ilms 110L Set the "groluld ruics' for affiliated ]last of cllrl'etll Collier Coulity project identified stbove (e.g., writing a pi'ncurelncnt's statement of work, specificatieus, ov performing systems engineering and technical direction for tlic procurctncnt) which appears to skONY Ilie cnnlpolition in -ftivor ofmy firm. Impaired objectivity+.--Tha 6rm has not performed. woric on au affiliated past or current Collier County project ideiltiftcd tlbnva to avaluato proposals i past performance of 11self or a compcti(or, which c011.1 ilito question the eonlr:Iatol's Fibility to vendor impailial advice to the 6,overliment, Unugtlal Acce-Is to illfurtlkatioll —The film Ilas Clot lead ac:cCss to nonpublic information as, hart of its porfoimarma of a Collier Comity I)l'aject ideNitied nbove whicli may have provided (lie conlractor (or an affiliate) with all unfair coiripctitive advantngu in current or fuliir8 solicitilliol19 Hlld calttPicts. In addition to this sighed af'fidavi(, the Contractor / vendor must provide tile. following: 1, All docunlellls prodticcd as a result of the work eompleted ill the pastor currently teeing worked oil for the above - mentioned project; and, 2. Indicate ifthc information producod was obtnincd ns a matter of iltiblic rago d (in the "sunshine") or through non- public (trot in the "sunshine") convarsation (s), meeting(s), documcllt(s) and/or other Mcillls. failure to dlsolose n11 11111terifll 01, having all 4t•SA1112ati011n1 ConfiiGt in one or more of the three categories above bt, idonlifled, may result in the disgtml iFlea tioll for f llur'o solicitations Affiliated with the above referenced tmaject(s). By the signative below, the firm (eulployves, officers and/or agents) certifies, and boreby discloses, that, to Ilre bast of their lolo`vledge abd belief, all relevant facts concerllilig past, present, or currently planned interest or activity (fltiancinl, coa(viictiial, orgarriznfionaf, or otherwise) whicli relates to tho project identified above has been folly disclosed and does not pose ali otgallizatianal conPflct. T t [ N )E ' gins. Inca - — Colnpay Name 5ignatllrc ICelly�, t - - Print Name and Title State of Michigan _ Calllity 01_y_l1911te11aW_ - 'rile foregoing insumment was noknatvladged before me by manna of Qklltysical presence Or ❑ olilirle notm-1700011, this 28th day ofFebruary (nluntll), 2022 . _(year), by W, Cnalnc of person acknowledging).` igliatur fNotnry t'ufliio - $late ofFic�l�lel�i) Michigat1 David LWilkie (.1'rint,'l�pe, or Stamp Conullissinned t+Tame s>'fN'ptt►l•y ixuUlic) Personally Known OR Produced fdentificalion .c:xs.o0011Y Kiwmt� -- DAVID J. WILKIF Type of lidcatilicalion Produced Notary Publlc, Michfoan County of Washtonaw My Comm. Explras 05/20/2024 0 Aclnllnislfativa Selvicei Rsl3tlrblient �rmurnmenl Serrloo611 &Ion FOIRM 10 •- V9tvDOn DECLAI{KIICN STA'rL'NJMT BOARD OF CQUNTY rDNMOSSIONERS Collier coullly Qovernment Complex Naples, Floridtl 34112 DMIr CDlnnlisslonors; The undel•sigped, as Vendor declat`as that this response is trade without ccmiectiou or arrangmnent with any oilier' person and this proposal is in evely respect fair and made in good faith, without collusion or fi'aud. The Vdador heraby declares (be. fnstelletions, purchase order torms and conditions, Yaqui rements, had specifications/scope Of'work of this solicitation ]cave beep fully examined and accepted, The Vendor agrees, if this solicitation's ubmittal is accepted, to execute a Collier County document for the purpose'of estublishing a formal colliracttre'l relationship between the firm and Collier county, for the perforiname of all requirements to which Tbt solicitation pertaips. The Vendor states that tllc subinitted ig b4sed upon the docurncnts listed by the above referenced solicitation. 'Farther, the vendor tlgrees that it 1«Yard6d A coutl•act f0t these 908ds andjor sgwylces, the vendor w111 hat 6o eligible to eol]]neto, submit a proposal, be awarded, or perform ss a sub- venClor for Filly future lissociated ^with wai-lc that is 11 result of tlris Fllyarcied contract. IN WJ SS WHF1 EQF, WE h#c ljereunto-$obscribed pur names on this 28tbday of brt� _ 20-Vill the County .of in the State of _ Mid ri - Flrm's Legal Narho. Address: city, state, zip Codot p CA& Certifiante of Alitlici ty Document Numbee Federal Tax Identification Nvmbet *CCR IA or CAGE Code *Only Ffdrrant Funded Talephcne: Email; Signature by: (Typed and written) TitiQ; Doti las N. Ili ins Inc. 44 Ent r i &e Na 1 FL 34144 830666. -774- 13 0 Additlonal Contact Information Send paymelits tot, -,"- (required if different Company name used 8s payee from Hbove) Contact mune: Daniel Higgin.5- Title: Vice President_ Address. 332Q Trays Egia (: l' A Telephone: 734-995-9500 .-._-- Email: DqnH@dnhjgghiscorn Officeservicirtg Collier 4485 Enterprise Ave., Nap1e5, FL 34104 _ County to Plstcc Orders (required if different from above) Contact name: ilce Lobelln Title: Regional Matta er Adclress: �! 4 511ntcPrise ,6yc City, stntu, G11' Telephone: 239 774- 130 Euiail: Secondary CoMnot for James Nelson[ Su erintendent this Solicitation: Lmpll: hIIm N dnhi ins.cpm Phone: 239-253-3801 1aclnlllylstfaltro 5el+rlcas I]apAlU11Br1t PrGLIJjVIII@Fd (ir, IYI44R OlYlsign FORM 11 •• Ia-1R1111G iATION APPIDAVCrCMITIFIC;rkt't N This Affidavit is required and shoulcl be Signed, nomriaed by an nuthorixad principal of the firm alld sttbmittod with formal solicitallon submittals. Ftlrlller, Votldors are required to be tinrolletl in Ale R-Verify program, and pmvlde acceptable evidellco of their enrollment, ttt file time of lite submission of the Vendor's bid. Aaoep(able evidence consists of ti copy of tho ptx,perly complaied 11-verify Company Profile page or a copy of tl Ic fully executeti E-verify Nlenlarandutn aFthulerstnnding fal'the company winch will he IvMILIccd at lho time of the submissioil ofthe Vendor's blcl or withln fiva (5) tiny of'the County's Noltce ofRecolnmend Award, iA11,UR& '1'0 UXECUIM 'T'IIIS AVVDA.V17' CERTI1frI ATION AND 8tfllMIT WITII Vr 1] R'S PROt'USA1Jl11D MAY 1)x;Irl1+1'1'UE Vi; DO11NQN�RESP C otlier County will Ilot itltelltionolly award County contracts to any vendor wlto knowingly e11111loys unmithorixed alien workers, constituting Ft violation of the eniployltlent tnlnvision contained ill 8 U.S.C. SWIM 1324 a(e) Section 274A(e) of tho Innnntgration and Nationality Act ("INA"). Collier County ttlay consider the umpioytrrenl by Sny vendor of unauthorized aliens a violation of Section 274A (o) ofthe INA, Such 'Violation by the recipient of the Snlisloytnetlt Provisions contniued in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Cotner County. venclor attests Illat alley ace fully corrnpliant with all applicable immigration laws (specifivally to the 1986I111tsligration Act and subsequent Anncncitnent(s)) (IM it is wnre a nn iu crnl noC with the regLILI ntants sot forth ill . +loeida Statute §AILC 5 and agmm% to comply wilii the provisions of the mctnoraodum ofiluderstmlding Willi E-Verify Find to provide proof of enrolhnont I❑ '!'I>e l-inploylnent Eligibility Verification System (E-Verify), operated by talc Department ofHomolnnct Security in partnership with tlla Social Scanrity Administra(iort at file lime ofsubmission of the Verlclor's pl-oponallbid, L)t W Higgins,111C, Co, nny Nally ht2 Signature Ke lv A, Wi cl- Vice Pr i Kilt Prlat Name and 'Title State of, Mic�1igaI!~ — Comity Df Washtenay _ The foregoing instrument was acknowledged before me by megns of aphysical presence or M online notflrizatioll, 4,— this _�1L day of February (unonllt), 2022 (year), byr Wilkie _(Flame 4 of pe'rsou Acknowledging), ,1 (, ignntu of No Public - State aflilaladu) Michigan _ -David Wit (Print, Type, or Slump Cotllrllissioacd Name of Notary Public) personally Known OR Produced IdesitiGcation Perso. lC l DAVID J. WILKIE Type of Identification i'1•oduced Notary Publle, Michigan County of Waahtenrlw My Comm, Expires 05/2012024 FORM 12 -131 DDERS 0JRC1fLIST IMPORTANT. No bid shall be considered unicss if is mnde oil uuslllerecl I3W forms which are iuchuled in the Bidding Docu,ucnts, Please rend cllrefltliy, sign ht the spaces indicated and return with your Did. Bidder should cheek offeach of the f❑llowing itents as the necessary actioll is camilleted, . The Bid has been Signed. 2, The Bid prices offerod ]rave been reviewed. 3. The price cxlensions and totals have been eherked. 4. Aid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc, have been included, G. Any delivery informalion required is included. 7, 'I'lie following otl-line standard documcnis have been revieswcd and accepted in BidSyric: it. Consh'tiction bid Imtructions form b. Constrtictlon services agreement e, Plii'011$Se order tonvis and conditions S. All of the following bid farms have been completed and signed: a. Bid Form (Porto I) b. Contractors ICey Pel'SQIlilel (Form 2.) c. Material Mnuufoottimrs (Form 3) d. List of Major Subcolltrn❑tors (Form 4) e, Statement of Experience (Form S) F. Trencii Safety Act (Form G) g. 1314 Bond Form (Forin 7) h. Insurance and bonding Requirements (1101-nt 8) i, Conflict of interest Affidavit (Form 9) j, Vendor Declaration Statement (Forin 10) k. Immigration Law Affidavit Certification (Form 1 1) MUST be signed and attached with your submittal of -you MAV be DEEMED NON -RESPONSIVE 1. Signed Grant Provisions acid Assurances package ill its entirety, if lippiieAble, are executed and should be included with your submittal. A11 forma must be oxcauted, or you MAY by IWO LMCD NON -RESPONSIVE. 9. Copies oflequired information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandlmi of understanding C. Cerlliicatc of Authority t0 C011drlet SUSitlOSS ill State Of Florida (sullbizorg) d. Any required professional licenses — valid and current (myfloridalicense.corn) (ie: General Contract❑i's liceasc, Undel'gr❑und Utility and Excavation, Builders, Trade Contractors, etc,, as applicable, requested and/or, reciuired,) c, Vendor W-9 Form i U. if required, the sullaunt of Bid bond has been checked, and the Bid bond or cashier's checic has been submilied. 11. Any Well& have bean signed and acknowledgenteni form attached and included, or you MAY be DEEMED NONRESPONSIVE, 12, The Bid will be uploaded in time to be received uo War Than the specified opening date and time, otherwise the Did cannot be considered. 5115122, 1:12 PM Detail by Fntity Name r}IVIkiaN OF GnrePorznT$005 f f I I-/Yor, __r�'� riu rrjj�r(r11 iJ±ftC of !�(r[r[/frt 114'bslr(� I nenl of 51a1e 1 Divist4u.4iLQZe ltorallons 1 SearclS Records f Search laY-LUY-am Detail by Entity Name Foreign Profit Corporation DOUGLAS N, HIGGINS INC, Eftg Information Document Number 830666 FEIIEIN Number 38-1807785 Date Filed 08101/1973 State MI Status ACTIVE principal Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Changed: 0112512000 Maiiing.Addrm 3390 TRAVIS POINTE RD, SUITE A ANN ARBOR, MI 48108 Changed: 01/25/2000 &gIsteredgent Name & AdO-rM CIF REGISTERED AGENT, INC. 100 S, Ashley drive Suite 400 Tampa, FL 33602 Name Changed: 02/0812016 Address Changed: 03109/2016 officer/DirecOr Detail Name & Address TItie Asst. Secretary Ludwig, Tamara J 4465 Enterprise Avenue Naples, FL 34104 search. sun biz. orglinquirylCofporationSearchl5earchResullDetail?inq uirytype=EntilyName8dlreotlonType=InitiaMsearchNameOrdar--DOUGtASNNIG... 113 5116122, 1'12 PM Detail by Entity flame sea rc Title VP, Executive Secretary, Treasurer WILKIE, KELLY A 3390 TRAVIS POINTE RD SUITE #A ANN ARBOR, MI 48108 Title President HIGGINS, DANIEL N 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title VR Secretary Wilkie, David J 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Vice -President DeLuca, Matthew T 5355 McIntosh Road Suite E Sarasota, FL 34233 Annual Reports Report Year Filed Data 2020 01106/2020 2021 01109/2021 2022 01/04/2022 Damanffat1mnama Q1L4=?_. 6NNI, AL-REP01 View Image In PAF Wnna; Dil0iJ12021--ANNURt_RFt�4 T,-ViewImage InPOFformat � 01/9612020--ANNjffiLR9F= View Image In PDF Format J Ql,1071201�UALPgPORT _- VlewlinageinPOFformat 041231201a - AMENQ] Q ANNUAL REPORT _ View image in PDF format 01I.QW.2018 -ANNUAL Rk1y081 _ - View image in PDF format View image In PDF tomial 011os312017•-ANPJ_AL85PORT View lmagelllPDFfarmat J 11 AL REPORT View image In PDF format 011071201a -- ANNUAL RF-P.O$T g PbF fommat Q1107 View Image In PDF format 07101/2013 -• AMC14DED. ANNUAL RCEOL Vow Image in PPF format 01 f0812013 - ANNUAL REPORT View image in FOF format 1 -. ANNUAL REPORT Viow image In PDF format 0211012011 ,ANRUAL_FKF_QRT View Image In PDF format ` i. sun biz. orgllnquirylCorporationSearchlSearchResultDeta 117inquirylype=Ent1tyName&directionType-lnillaAsearchN ameOrder=❑OUGLASNHIG.., �:1 - 9,tea •.,�� tr �...�� '�;$,/�y� n Company ID Number: 364882 7o be accepted as a participant In E-Verify, you should only sign the Srnployer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Douglas N, Higgins, lfuc. Suzanne Hawker Name (Please Two or Print) Iile 0/151201 rtmont of Homeland Security — Verification Divisioli 'IS VeA ication Division (Please Type or Print) Il1e ned 111 ol1 5l2010 Information Required for the E-Verify Program ation relating to your Company_ Companv Name:1Douglas N. Higgins, Inc. Address:3390 Travis Pointe Rd. —Ste. A Ann Arbor, Ml 48108 Company Alternate Address: County or Parish: Employer identification Number: 381807765 Page 12 of 13 l E-Verify MDU for Employer I Revision Date 00101109 www.dhs,9ovlE;-Verify L_�j 64;y 'i"� Company ID Mi-imber: 364882 North American Industry Classification Systems Code: 231 Administrator; Number of Employees: 20 to 99 Number of Sltes Verified for; Are yati verifying for snare than I site? If yes, please provide the number of sites verified for in each State: NVCkJTGAN I sites) FLORIDA 3 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name; Kelly A Willde Telephone Number: (734) 996 - 9500 Fax Number, (734) 996 - 8480 E-mail Address: lnvillde2000@y31100.con, Name: R $uxauno Ilntylcer TelephmlG Number: (734) 996 - 9500 Fax Number: (734) 996 - 8480 E-mail Address; 1rs1wnYlcer@yuhoo.eam Pago 13 of 13 1 E-Verify MQU for Employer 1 Revlslan Dale 091011DO www.dhs.govlE-Verify 4 a 7 U—) z u m V1 u� Lei m ai M LLJ JII 0 � CL � I� LW � 0 LU cn Ca 0 U,1 w W z :- " A, UU w , 4, U ;l 1l l I if 7 CN D 12.ter j O CL ' C�1 z'': LU CL U CN CN CN F- i17 �p E 0 a; 0 2 co G a lI! V) .0 s I W E a ..0 to 4- (L) V) a -11 V (L) 4-1 Q? a w c a L O a3 Qa u L a .LA H C: A01 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 000464 COLLIER COUNTY TAX COLLECTOR- 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 341D4.(239) 252-2477 VISIT OUR WEBSITE AT: www.coll[ertaxcolleotor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2022 LOCATION: 4485 ENTERPRISE "I — ZONED: INDUSTRIAL LIC 1541 BUSINESS PHONE: 774-3130 STATE OR COUNTY LIC 11. DG C060189 1-10 EMPLOYEES CLASSIFICATION: 05-GENERAL CONTRACTOR CLASSIFICATION COOK: 05100101 c�. 45F[ j P0 +0' This document is a business lax Pity. This is nat certification that I1ce �nuatlflr•.cl_ ` _ �► .s� It does not pormlt the licensee to violate any existing regulatory zoning lads nor does II exempt the Ileensee from any other taxes or permits that may he DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. DOUGLAS N. HIGGINS, ING }INS, DANIEL N i ENTERPRISE AVE LES, FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 07/2212021 AMOUNT 18,00 RECEIPT 500-22-00073991 ED I certify from the records of this office that DOUGLA.S N. HIGCINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The document number of this corporation is 830666. I ftirdier certify that said corporation has paid all fees due this office tlu'ough December 31, 2021, that its most recent annual report/uniform business report was filed on January 9, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given rurder my hand and the Great Seat of the Write of Florlda at Tallahassee, the Capital, this the Ninth day o f J[rwtupy, 2021 Tracking Number: 349084787OCC To authenticate this certificute,visit tile following site,enter this number, and than rolloiv the instructions displayed, l}Itps:Ilseivices.su��biz.orglr�,IlugslCos•t'sticateof5tutuslCertiCC�ttcA�utheu ticatiott OCAO Foi'm Was (Rev. Oolober 2019) t}epartnrent tU IheTroasury Inke'mat Rovatiue $orOue 1 t}ma(a�shdwn•cayour ocl, VIS N. Higgins, Inc. Request too' TaxpayeD' fitve Irorin to the requoster. Igo not �. send to the IRS, Ix Go to wwwtss.gov/F`i)rr)'Wg for instrL{0it4118 and III l0tOnt Information. name, It dl ereht (ram Wive r' d Cheokapprop'H616 b6h I& foideral fart aleasification of (he nArsm Whose natlig io antgred on ling 1. Chnok only Otis of the fallowing sauen boxes. ❑ IndiyiduaVsote proprietor ar Q gorpOrailon ©S Cflrpor0.tton D PArlriership ❑ Tnist/estafa single-mnrnber LLG q Exemptions (codes apply Only ro .certaln dnlllfes, not Individuals; see Inalflioltons on pa9a,9): exempt payt+a cons (if Uny) ❑ O ntled liability aompaoy. Enter the lax.aina'SIIlcatlnn (c-c norpoiallon, s=S derporatiin, P° Partnorehlp)1�- _T Note: Cluck the appmpil ate box in tiid.1he above for the tax claastffcat(an of thri 0111910-member owner, QA not ahnak 4em0Unn ir0m FA FQA refsarling I,W If the Ll_G isplags14ed As a singlg-member LLG that is dl�fdbarded from the owner unless tho owner of the LLC to gods Slf any) anWher 1-I.6 tlxtl Is net disregarded from the owner for U.S. federal tax purposoa, ❑tharwTse, a single -member LLO that Is dlsregrirded from the owrtor &hould crlacit the approprinta Nix for the tax cisaslllcatlan of Its owner. Other a Address number, Weat, and a(lt, or $ulle no.) S@a 3"0 Trains Pointe goad, SLi to A 0 city, store; and ZIP oode Ann Arbor, MI.48108 T i.Ist account nUrnbo;(s) here (optionoli • Taxpayer IdentIfIcatidn Number YIN Enter yourTltd in the appropriate -box. The TIN proyldod must'matatl the nalne given on line 1 to avoid baoltup Iwithho(ding. For'li cllvlduals, thlg is gensrolly your gbcici security nurnber (sSN). However, foi' a resident allen, sole proofiatcr, or dlsreuardod an4.ty, see fhe lnstruatlons for Pact I, later, For piper •elltifles, It Is your shlpioyer Ifttltloatlorl number (E(N), If you d❑ not have a number, Soo how to get a 77N, lamer. Note: If the obccunt is 1n more friar one name, Aea-ths instructions fot Ilhe 1. Also see What Name artd qurpN& To Olve Use Puggestee for quidolioot on whose slumber to enter. ' rAyprvr Iv Nd U,SJ namo tlnd'$ddreao (optional) Oil ©0MM000©OU Under penallles of perjury, I oertlfy that; 1, The hUrnber shown On this form is my correct taxpayer Identl4dallon number (or I arp walting•for n nutnber to be issued to me);,and �. I am not sybjec,t to backup withholding because: (n) I Ain axempt'frgrn backup, withholding, or (b) I haVe not been nbtlfled by the Internal Royenue Service (I8) that I rim subfact to backup wll111161 jing as a result of a fallura to report all rntereet or d[Vldende, or (c)1ho 1ps has notified mo that I am ilo rongereubject tq backup wlthhelddng; and 3. fain a u.s,•cltlxo1y or olhar U,S. person (dertned below); and +4, The FATCA coda(s) entered on this form (If any) indicaling that I Lim exempt fl-om FATCA raporting, Is correct. Gertlflailtfon Instl'tlatlgns, You must olvasoo( item 2 above If you have Dean notified by lha IRS that you are currentlysubiept fo backup wl(hholddng becallse yop [lave failed to report gil Interest and d(xidends oo yepr tax return. For r(?W "late transactions, Item 2 does. not apply. For mortgage Interest, paid, acquisition or abandonment of seoured property, lcancellatlon of debi, aonirlbut(ons to an indlvddtral rellroment wrAngemaitt (IRA), and genol'ttlty, payrilenla otrfar than Interest end dividends, yeu sre hot rdquit¢d to skun the codifloalton, but you must provide your gorCod TIN: goo the Insirualtoris for Part 11, filter. 5igri I signature of Here Lr,s, person P, -Qeneral 5n9truotions 8obtion'referenons lire to the Internal Relventie cods unless ctharwlsa doted. Future dev0lopt"ilte, For the latest Information about developnignts ro(ated (r7 F'ornl W-9 nrid Ira Instructions, such au leg(sletl6rl prl;A ed otter they warp pubilahed, go to wwWJre.g6V1F0rmWA. Purpose of I=Qlrt'i-t An individual or entity (Form W-9 Tpqueslal 0&,ls mqulrbd ro f Ile 9(i Information retol ri #rih the IRS must obtpin your acrreattmpltyer ldentlfioallpn number (TIN), which may pa your social security number (-9§N), Indl,,1dual texpayw, Identf flobllon pumper (ITIN), gdoptlon taxpeyar Id ntlficalion number.(ATIN)I or employer Identification nurnbor (EIN)r io report an an I050hdtlon return tha amount pnld to you, or other wount reportable oil an inforalalion return. Examples of rnforrilallarl retuhis Include, put are nat Jllrnitad to, ill's fdlldwing. Fenn I090-INT (Interest vafned or paid) F;prni 1090-01V (dividends, Including those from stooks or mutual funds) . Form 109P.IA1,10'(various typed of Iricorna, prizes. MWardSl pr-gross prodeeds) I oi'rn 1009-5 (st❑❑te'Q( mulual fund sales acid certain other transactions by hroltbrs) u Forn11C99-S (prpo ede frotri real estate transactions) e Form 109ti-I{ (meiahprit curd And-Hrd party natwordctrans�otlons) Form 1098 (home mortgaga interest), foiDo-F (sludant loan intsrest), 1090 T (tuition) Form 1o98�A (oanaeled debt) Form 1099-A (acquisltlon'dr abandonment of Aecurad property) Use Form W-9 oniy If you ate a US, person (including a VeNdetit alien), to provide -your correct TIN. It you do not return Form K41 fa 1ho roquester wlih a Tlly, yotr miyhf bit subject to backup whhho)ding, Sete Whal Is backup withholding, later, ,fat. No, 1023ix Form W-9 (Rev, lb-2n18) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name .fames Nelson Personnel Category Construction Superintendent Michael Lobello Project Manager 10 Construction Services Agreement: [2022_ver.2] �� EXHIBIT B-1: PUBLIC PAYMENT BOND 22-7953 Bond No. 35BCSAQ4403 Contract No, 22-7953 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hartford Accident and Ind city Com an as Surety, located at One'?a or aza Hart or , C 06155 (Business Address) are held and firmly bound to'Board of CountyGommissionersofCollier County, FLas Obligee in the sum of Six hundred eighty-six thousand three hundmd eighty dollars and no cents ($ 686,380,00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the — day of 20 1 with Obligee for ITB No. 22-7953 NCWRF Operations Building HVAC Improvements in Collier County, Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255,05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN 1(VITNESS WHEREOF, the above parties have executed this instrument this 3rd day of rune 2022 the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: [2022_ver.2] 11U Signed, seale�and delivered in the oresen of: Witnesses as to Principal STATE OF Michif>_an COUNTY OF Washtenaw PRINCIPAL Douglas N. Higgins, Inc. BY: , . NAME: K(!Il A. yilkie S , ITS: Vice -Pr sident The foregoing instrument was acknowledged before me by means of C�J physical presence or O' online notarization, this 3rd day of Tune 20 99. by Kel1vA. WIlkie as Vice -President an oath. My Commission Expires: OS/20/2024 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety 0 tigan corporation, on known to me OR has produced /yas identification _and did (did not) �X OVA, t1of Notary Public) DAVIDJ. WILKIE �ignatu David J. Wilkie Notary Public, Michigan NAME: County of Washtenaw My Comm. Expires 05/20/2024 (Legibly Printed) Notary Public, State of Michigan Commission No.: N/A Hartford Accident &Indemnity Company SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: j2022 ver.21 . � �\ See Attached Notary STATE OF Michigan COUNTY OF Washtenaw OR I n Fact ower of Attorney) 'f Laurencelle Name) One Hartford Plaza Hartford (T nR11 F (Business Address) 888-266-3488 (Telephone Number) The foregoing instrument was acknowledged before me by means of � physical presence or ❑ online notarization, this 3rd day of June 20 22 , by Jamie Laurencelle as Attorney in Fact of Hartford Accident & Indemnity Cto a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath. My Commisslon Expires: 05/20/2024 4AFFIX OFFICIAL SEAL) Notary Name: David. J. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: ty/A DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 13 Consimclion Services Agreement: (2022_ver.2] l) EXHIBIT B-2: PUBLIC PERFORMANCE BOND 22-7953 KNOW ALL MEN BY THESE PRESENTS: as Principal, as One Hartford P aza Hartford, CT 06155 Bond No. 356CSAQ4403 Contract No. 22-7953 That Douglas N. Higgins, Inc. and Hartford Accident and Indemnity Company Surety, located at (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL , as Obligee in the sum of Six hundred eighty-six thousand three hundred eighty dollars and no cents ($ 686,380,00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for o. - pera ons u ding HVAC Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This Instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 3rd day of June 2022 the name of each party being affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its governing body. 14 ConstrucUonServicesAgreement:j2022_vec2] ,\.�,�� Signed, sealed an delivered in the prese I PRINCIPAL \r\ DOUGLAS N. HIGGINS, INC V A Y: Witnesses as to Principal NAME: Ke ly A. iWe ITS: Ice- rest en STATE OF Michigan COUNTY OF Was tenaw The foregoing instrument was acknowledged before me by means of %1 physical presence or ❑ online notarization, this 3rd day of June 20 22 , by Kelly A. Wilkie as Vice -President of Douglas N. Higgins, 'Inc.., a Michigan corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally lcnownn as identification and did (did not) an oath. My Commission Expires: OS/20/2024 (AFFIX OFFICIAL SEAL) (�ri"gnatur�6f Notary Pul Name: David J. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 7b Construction Services Agreement• [2022 vec2] ((,A(� ATTEST: SURETY: Hartford Accident & Indemnity Company Witnesses as to Surety OR ILI �c ' Witnesses See Attached Notary STATE OF Michigan COUNTY OF Washtenaw (Printed Name) (Business Address) (Authorized Signature) (Printed Name) (Business Address) 888-266-3488 (Telephone Number) act The foregoing Instrument was acknowledged before me by means of Gd physical presence or ❑ online notarization, this 3rd day of June 2022 by Jamie Laurencelle as Attorney -in -Fact of Hartford Accident & Indemnity Co. a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known _ as identification and did (did not) take an oath, My Commission Expires: 05/20/2024 .(AFFIX OFFIQIAL SEAL) I, Notary Public) David J. Wilkie (Legibly Printed) DAVID J. WILKlE Notary Public, Michigan County of Washtenaw Notary Public, State of: M lres 05120n024 Commission No.:NIA 16 C�Construction Services Agreement: ]2022 ver.2] (•AU ACKNOWLEDGMENT OF SURETY (Notary's Statement Authenticating Signature) State of Michigan County of Oakland Jennifer A. Jarosz, a Notary Public in and for said County., do hereby certify that Jamie (M) Laurencelle who is personally known to me to be the same person whose name is subscribed in the foregoing instrument on behalf of Hartford Accident & Indemnity Comn&ny appeared before me this day In person and acknowledged respectively that he/she signed, sealed and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial sea/l�this,,3rdiay of Jnune/�� 2022. Notary Signature: ,F rP Printed Name: Jennifer A. Jarosz (Seal) :''';;f,^',; My commission expires: 09-07-2024 JENNIFER A. JAROSZ Notary Public, State of Michigan County Of Macomb My Commission Explros 09-07-2024 Acting in the County of L'1 W afld Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T,12 One Hartford Plaza Hartford, Connecticut 06155 Bond.cla imsC&the hartford.com cal1: 888466-3488 or fax. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC Agency Code(s): 35.351588, 35-350851, 81-151273 0 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 0 Hartford Accident and Indemnity Company, a corporation duly organized tinder the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana LJ Hartford Insurance Company of Illinois, a corporation duly organized under the ]aws oflhe State of Illinois QHartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up amount of unlimited., Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant, Jamie Laurencelle, Kristie A. Pudvan, Lisa M. Wilmot,Judy K. Wilson, Kathy S Zack, Terri Mahakian their true and lawful Allorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ,mow ..,, "got 1 a, a tYR> 1�. ,�u,aavau I,i9a;J^ 1�NrM�r„t 0 e t Dj a 1919 slat ls Shelby Wiggins, Assistant Secretary Jostle L. LaPierre, Assistant Vice President STATE OF FLORIDA 55. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle L. LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (sire is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the sold 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 (s)he signed his/her name thereto by like authority. 4P. NV ,y ( 1J y�. r• Jessica Ciccone ' 'di: F My Commission Hit122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the aL)pv y� oregoing is a true and correct copy of the Power of Attorney executed by said Companies, which Is still in full force effective as of Jude UL. Signed and sealed in Lake Mary, Florida. APR 4"0,Ira•eP^ r.+ t��taap79 `2E y�tp79Sft ,,`"`�"".. vs Keith D. Dozois, Assistant Vice President EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 Contractor 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 Contractor waive against each other and the County's separate 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, 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/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor 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 Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 Contractor's sole responsibility. Coverage(s) 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 Contractor 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 Contractor. The Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor 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 17 construction Services Agreement [2022_ver.2] S__ fl Contractor under this Agreement or any other agreement between the; County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) 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 Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (1 g) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. 16 Construction Services Agreement, 12022_ver.2 CAn EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says, (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and It's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether In contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to _ . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds, (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges fled or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Aftidavit. (4) This Release and Affidavit Is given in connection with Contractor's (monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal) The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 20 , by P as _ of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) tape an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Construction Services Agreement: [2022_ver-2)• EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners (the OWNER) or Collier Coyny Water -Sewer Owner's Project Bid No- Mana er's Name: Project No. - Count 's Division Name Purchase Order No. Submitted by Contractor Application Date: Re resentative; Name Contractor's Name & Pa yment Application No. Address: Original Contract Time: Original Contract Price; $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage C@51% through $ Retainage Lai 5% through [Insert $ insert Datel date Retainage @ % $ Less Retainage $ after Insert date Total Earned Less Retainage $ Less previous payment(s Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ,ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed In or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner In writing and in advance of such Work, Construction Services Agreement: 12422_ver 2IAO EXHIBIT D IConllnuod SCHEDULE Or VALUES Prof oct Namo: Project Numhsrt Date: Period Ta: ITFM NUM13FA DESCRIPTM SCHEDULED VALUE WORK COMPLETED STOF MATER PREVIOUS APPLICATIONS THIS PERIOD THRUDATE SINCE DATE =o RLS TOTAL COMPLErEPCOMPLEPE & STORE❑ TO DATE PERCENT BALANCE TOFINISH 6% RErAINAGE _Wa RETAINAM Irad.-d .) TOTAL RETAINAGE WITHHELD roraLs ' Explanation for the two columns Under Previous Appllcatlom The Thru Date Is where you wlll place all Information unilI the contract is complete unless a release or redUctlan of retalnage Issue comes Into play. If this happens, all information up t4 the date of the K change in retalnage Is placed In the Thru Date column. Information after that date is placed In the Since Date MiUmn. This states what has happened since the change In retalnage. Q Construction Services Agreement. (2022_ver.2] Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install O-.AO 22 Construction Services Agreements [2022_ver.21 EXHIBIT E' CHANGE ORDER C171 ter County Procuremont Services Change Ordor Form ❑ Contract Modification ❑ Work Order Modification ContractM Change #:= Purchase Order 4' Project Contractor/Firm Name: ContractlFrotect: Project Manager Name; Division Name: Original ContractMork Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Data; Agenda Item # Current ContractMork Order Amount SAP Contract Expiration Date (Master) Dollar Amount of this Change #DIV101 Total Change from Original Amount Revised Contrar tMork Order Total $ Q.ua #D1VIOl Change from Current BCC Appr"d Amount n Cumulative Chaes $ n 00-RDIVI01 Change from Currant Amount Completion Date, description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Last Approved Revised Date Date Completion Date Data r [Includes this change( # of Days Added Select Tasks ❑ Add new taskjs) ❑ Delete task(is) ❑ Change taskja) ❑ Other Provide a response to th❑ following: 1 .) detailed and specific explanation/ratlonoie of the requested change(s) to the task(2) and I or the additional days added (if requested); 2.1 why this change was not included In the original contract; and, 3.) descrlbe the Impact f this change is not processed. Attach additional InWrnavon tram ine ueslgn rryfessiunaf rjnurvr s.ura �L�v� v a4�4�• Prepared by: Date; (Project Manager Name and Division) Acceptance of this Change Order shalt constitute a modification to contract l work order Identified above and will be Subject to all the same terms and conditions as contained In the contract I work order Indicated above, as (Lilly as If the same were stated In this acceptance. The adjustment, If any, to the Contract shall constitute a full and final settlement of any and sit claims or the Contractor I Vendor I Consultant I Design Professional arising out of or related to the change sot forlh herein, Including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor I Consullant I Design Proresslonal and Name or Firm, if project applicable) Accepted by: Date: (Design Professional and Name of Firm, If project applicable) Approved by: Date: (Division Diraotor or Designee) Approved by: Date: (Procurement Professional) Ruvi:uzd 411142021 li l9lea9 who may nayulfe addiliohal NDOW10TV9 MY iRC1110 .4n ReiNwatd al�olt.l pRnGurtrR '!ee nn� r ___ �umn nyi pcces 0-M 23 Construction Services Agreement 12022_ver.21 Chan - a Order/Amendment Summa GOST TIME 900 AMD# DescriEtiorl Additive Deductive Days New Justification + Added Amount Revised- Oil1:tYJ,1121 JClivisirxis who may require additional siglraluw.s may on separatT9 shcaet PROCURCMENT u1 er��v anmin API CCCE4 24 Construction Services Agreement: [2422_ver_2] OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract pate EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No, This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: J 25 Construction Services Agreement: (2022 ver.2) OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title iM� CONTRACTOR accepts this Certificate of Substantial Completion on , 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title r11 26 Constructlon Services Agreement: (2022rver.2] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: ` PO No.: Elate: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date, Substantial Completion Time as set forth in the Agreement: ,Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: _ Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated' 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). S. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12, All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by NIA, If NO is checked for any of the above, attach explanation, Acknowledgments: By Contractor: (Company Name) By Design Professional: By Owner: (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) Cap, 2 Construction Services Agreement: [2022 ver,2] EXHIBIT H. GENERAL TERMS ► AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 Construction Services Agreement: [2022_ver.21 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or tinder the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2,2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents)_ 2,3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE, 3_1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement: [2022_ver.2] limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit a_ 4,2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval_ The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project_ If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional), After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218,735 P.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F,S, and the administrative procedures established by the County's Procurement Services (Division and the Clerk of Court's Finance Department respectively_ 4,5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: (2022_ver.21 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255,078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 41 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C. acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor, 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule, Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4,10 Notwithstanding anything in the Contract Documents to the contrary. Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of °laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement' [2022_ver.2] 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 in instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 32 �1 Construction Services Agreement:12022_ver21 .I 7. SUBMITTALS AND SUBSTITUTIONS. Tl Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its awn expense and in Stich form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required_ Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment, 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The project Manager will 33 Construction Services Agreemornr, t2022_ver.2] CA, record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS -GUILTS AND MEETINGS. 8,1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1,6 Description of Work being performed at the Project site; 8.1.7 Any unusual or spacial occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 34 Y,� Construction Services Agreement: [2022_uer.2] (`At; (e.g, interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. &3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.3701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 341 12-5746 Telephone: (239) 252-8999 Email: PublieRecordRequest(@-colliercountyfi.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 35 Construction Services Agreement: [2022 ver.2] 1 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "N❑ Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10, CHANGES IN THE WORK. 10A Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 3r, Construction Services Agreement: [2022_ver.21 Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the arnount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit, In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change, 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11, CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terns of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim, 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 37 Construction Services Agreement: 12022_ver.2] Cl� 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing, Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12,3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work, 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor 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 the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party, The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 38 Construction Services Agreement, [2422_ver.21 �A party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement, Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth tinder Exhibit 8-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulatioi7 that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U,S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States, it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not complV with providing both the acceptable E-Verif evidence and the executed affidavit the bidder's 1 Contractor's proposal may be deemed non- responsive.. 39 Construction Services Agreement: [2022_ver.2] �A Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs,gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firms) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work, At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, It shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218,80, F,S,, Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfers) Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor, 40 {r-'N Construct& Services Agreement! [2022_ver.2] 1 ji 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work, or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy, or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s), If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed Linder the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full arnount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith udder the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Wcrk, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 41 Conslrucriors Services Agreement- [2022_ver.2] ICAO) 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below, 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof] to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 42 Construction Services Agreement; I2022_ver.21 5 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20_2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety t❑ final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 43 ConstruclionServices Agreement; (2022_ver.21 `rrl J 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals, 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager, 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs, to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work, Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work, Contractor shall bear all direct, indirect and consequential 44 Construction Services Agreement'. [2022_ver.2] C''.[), costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design ['engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment. Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential ccsts of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 45 Construction Services Agreement: 12022 ver.21 rI include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AN❑ SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances, The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1. is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 251 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25,3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 46 Construction Services Agreements 12622_ver.2) ,t 28, EMERGENCIES. 28.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work, 28. SAFETY. 28,1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1 3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection_ Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 41 GAQ construction Services Agreement: I2022 ver.2] All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property_ Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5A All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28,5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property, Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 48 F` Construction Services Agreement: [2022_ver.21 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to tinge. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,OOD. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax, Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project. Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"), 49 Construction Services Agreement- [2022_vor 21 irCAO Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. 50 Construction Services Agreement: [2022_ver,2] C,h Cy Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and stib-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval_ Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e_g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order, In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years, The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner cr Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit_ 33.6,3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders_ 51 Construction SorvicesAgteement; [2022 ver.21 ;+—�r, 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, Including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.3 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34,1,9 Material Costs 34.1.10 Equipment Costs 34.1,11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34,1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule 52 Construction SeNices Agreement: [2022_ver.2] to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shalt be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and ❑ther related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management ❑ivision via e-mail (DL-F MOPSa coil iercount fl. ov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract If there are additional fees for this process, the Contractor is responsible for all costs. 36, VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE. ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed far VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and 53 construction Services Agreement: [2022_ver,2] ^ STI, UL, PEI, ASME, MACE, NLPA, NIST & AN referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing ! will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor sh0 employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties, The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2422_ver.21 ICAO EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS „N/A" 55 C❑nstruction Services Agreement: [2022_ver.2] FAO