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Agenda 09/13/2022 Item #16C 3 (Awarding ITB #20-8002 to Douglas N. Higgins)09/13/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 20-8002, “NCWRF North and South Bleach Piping Replacement,” to Douglas N. Higgins Inc., in the amount of $957,380.00, and to authorize the Chairman to sign the attached agreement. (Project Number 70148) OBJECTIVE: To meet demand, stay in compliance, and serve customers efficiently and effectively by providing a compliant and reliable water reclamation system to Collier County Water Sewer District customers. CONSIDERATIONS: The proposed scope of work under Project No. 70148, North County Water Reclamation Facility (“NCWRF”) North and South Bleach Piping Replacement is consistent with the FY2022 CIP Budget approved by the Board on September 23, 2021. The NCWRF facility is located at 10500 Goodlette Road in North Naples. As a part of the final wastewater treatment process, bleach is essential to effectively disinfect the resultant reclaimed water to meet Florida Department of Environmental Protection (“FDEP”) water standards. The NC WRF has two bleach facilities, one designated as “north” and one designated as “south.” The existing bleach piping is near the end of its useful life and is becoming brittle and has the potential to begin leaking bleach. That would put the facility out of compliance with FDEP permitting conditions. This project replaces the existing bleach piping with new bleach tubing in containment piping, leak detection sensors, and leak detection panels. This project also includes the removal of an existing steel grated trench and replaces it with a bleach containment channel. Also included in this project will be upgrades to the existing supervisory control and data acquisition (“SCADA”) system to allow the south bleach piping area to be integrated into SCADA for better control by staff. On May 19, 2022, the Procurement Services Division issued ITB No. 20-8002 “NCWRF North and South Bleach Piping Replacement.” The County received two bids and one no bid by the June 24, 2022, deadline. Respondents: Company Name City County ST Total Bid Price Responsive/ Responsible Douglas N. Higgins Inc. Naples Collier FL $957,380.00 Y/Y TruSpec Mechanical, Inc Cape Coral Lee FL $1,098,808.64 Y/Y Staff reviewed the two responsive and responsible bids, determined that Douglas N. Higgins, Inc. (“Higgins”) is the lowest responsive and responsible bidder, and recommends that the agreement be awarded to Higgins in the total contract amount of $957,380.00. Higgins has been in business since 1973 and has performed successful work for the County since 2003 including projects such as the Oil Well Road Force Main Improvements, Orange Tree Plant Force Main Improvements and, more recently, the 108th and 109th Avenues Public Utilities Renewal Project for the Collier County Public Utilities Department. The Engineer of Record, Hole Montes, Inc., also determined that the low bid is fair and reasonable and recommends awarding the contract to Higgins. Hole Montes evaluated Higgins’ references and found that Higgins has sufficient experience on work of a similar magnitude within the last five years, and has the experience, skill, business standing, and ability to complete the work as required under the terms of the attached proposed Agreement. The low bid is approximately eleven percent higher than the engineer’s opinion of probable cost of $862,000. This is due to labor shortages, supply and demand, delays in 16.C.3 Packet Pg. 1382 09/13/2022 delivery times, inflation, and current market bidding conditions. The Procurement Services Division concluded the bidding was competitive and representative of market conditions. The bid tabulation, Notice of Recommended Award, engineer’s letter of recommendation, and Agreement are all attached. The total bid includes an Owner’s Allowance of $75,000.00 for unforeseen and unanticipated conditions that may be encountered during construction. If necessary, the use of the allowance funds will be subject to County approval prior to the execution of any work and will be billed at the appropriate contract price based on a time and materials basis, consistent with the contract and County Procurement policies. FISCAL IMPACT: The source of funding is Wastewater User Fees, Fund (414). Construction of this project is not anticipated to have a measurable impact on operations and maintenance costs. The project is anticipated to be completed by winter of 2023. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities and to remain in compliance with all regulatory programs. RECOMMENDATION: To award ITB No. 20-8002, “NCWRF North and South Bleach Piping Replacement,” to Douglas N. Higgins Inc., in the amount of $957,380.00, and authorize the Chairman to sign the attached agreement. (Project Number 70148) Prepared by: Peter Schalt, Senior Project Manager, Engineering and Project Management Division ATTACHMENT(S) 1. [Linked] 22-8002 VendorSigned_Higgins Contract (PDF) 2. 22-8002 Insurance_Higgins (PDF) 3. 22-8002 Bid Tabulation (PDF) 4. 22-8002 - NORA.docx (PDF) 5. DELORA Bleach Piping HM (PDF) 16.C.3 Packet Pg. 1383 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 22916 Item Summary: Recommendation to award Invitation to Bid (“ITB”) No. 20-8002, “NCWRF North and South Bleach Piping Replacement,” to Douglas N. Higgins Inc., in the amount of $957,380.00, and to authorize the Chairman to sign the attached agreement. (Project Number 70148) Meeting Date: 09/13/2022 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Peter Schalt 08/03/2022 12:46 PM Submitted by: Title: Subregional Utilities Director – Public Utilities Planning and Project Management Name: Craig Pajer 08/03/2022 12:46 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 08/03/2022 1:36 PM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 08/04/2022 1:11 PM Wastewater Robert Von VanHolle Additional Reviewer Completed 08/05/2022 11:12 AM Procurement Services Sandra Herrera Additional Reviewer Completed 08/10/2022 3:23 PM Public Utilities Planning and Project Management Wayne Karlovich Additional Reviewer Completed 08/10/2022 4:26 PM Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 08/11/2022 4:28 PM Capital Project Planning, Impact Fees, and Program Management Leeann Charles Additional Reviewer Completed 08/14/2022 7:10 AM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 08/19/2022 11:27 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 08/21/2022 11:35 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/22/2022 8:41 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/23/2022 11:44 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/25/2022 9:57 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/25/2022 10:01 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2022 9:48 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/31/2022 1:49 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/06/2022 9:26 AM 16.C.3 Packet Pg. 1384 09/13/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 16.C.3 Packet Pg. 1385 16.C.3.b Packet Pg. 1386 Attachment: 22-8002 Insurance_Higgins (22916 : NCWRF N & S Bleach Piping Repl) Project Manager : Peter Schalt Procurement Strategist: Leeann Charles 22-8002 NCWRF North South Bleach Piping Replacement Bid Tabulation Notices Issued: 29,290 Viewed:67 Bid Responses :2 Bid Item Description Units Estimated Quantity Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total 1 Mobilization/Demobilization < 10% total construction cost)LS 1 $90,000.00 $90,000.00 $102,180.86 $102,180.86 $70,000.00 $70,000.00 2 Record Survey/Record Drawings LS 1 $18,380.00 $18,380.00 $10,000.00 $10,000.00 $5,700.00 $5,700.00 3 3.a South Containment Area (Chlorine Contact Basins 3&4 and Filters 3&4)LS 1 $29,000.00 $29,000.00 $43,662.13 $43,662.13 $3,500.00 $3,500.00 3.b South Containment Area (Chlorine Contact Basin 5 and Filter 5)LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $3,500.00 $3,500.00 3.c Chlorine Contact Basins 3&4 and Filters 3&4 LS 1 $29,000.00 $29,000.00 $29,108.09 $29,108.09 $21,000.00 $21,000.00 3.d Chlorine Contact Basins 5 and Filter 5 LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $17,700.00 $17,700.00 3.e North Facility (Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2)LS 1 $29,000.00 $29,000.00 $181,925.55 $181,925.55 $33,100.00 $33,100.00 3.f Pre-Filter Bleach LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $5,800.00 $5,800.00 4 4.a South Containment Area (Chlorine Contact Basins 3&4 and Filters 3&4)LS 1 $50,000.00 $50,000.00 $96,577.67 $96,577.67 $43,000.00 $43,000.00 4.b South Containment Area (Chlorine Contact Basin 5 and Filter 5)LS 1 $50,000.00 $50,000.00 $94,577.67 $94,577.67 $43,000.00 $43,000.00 4.c Chlorine Contact Basins 3&4 and Filters 3&4 LS 1 $50,000.00 $50,000.00 $54,577.67 $54,577.67 $145,000.00 $145,000.00 4.d Chlorine Contact Basins 5 and Filter 5 LS 1 $50,000.00 $50,000.00 $54,577.67 $54,577.67 $200,000.00 $200,000.00 5 North Facility (Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2)LS 1 $200,000.00 $200,000.00 $202,888.33 $202,888.33 $150,700.00 $150,700.00 6 Pre-Filter Bleach LS 1 $200,000.00 $200,000.00 $44,577.67 $44,577.67 $45,000.00 $45,000.00 7 Allowance for Unforseen Conditions at Owner's Discretion & Owner's Approval T&M 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 TOTAL PRICE $957,380.00 TOTAL PRICE $1,098,808.64 TOTAL PRICE $862,000.00 BID RESPONSE FORMS Yes/No Notes Yes/No Notes Bid Schedule Yes Yes Bid Response Form (Form 1)Yes Yes Exhibit N - Contractors Key Personnel (Form 2)Yes Yes Material Manufacturers (Form 3)Yes Yes List of Major Subcontractors (Form 4)Yes Yes Statement of Experience of Bidder (Form 5)Yes Yes Trench Safety Act Acknowledgement (Form 6)Yes Yes Bid Bond (Form 7)Yes Yes Insurance and Bonding Requirements (Form 8)Yes Yes Conflict of Interest Affidavit (Form 9)Yes Yes Vendor Declaration Statement (Form 10)Yes Yes Immigration Affidavit Certification (Form 11)Yes Yes Bidders Checklist (Form 12)Yes Yes COPIES OF REQUIRED INFORMATION ATTACHED Company's E-Verify Profile Page or MOU Yes Yes Copy of Active Registration with Current FL Divisions of Corporations Yes Yes Copy of Active applicable License Yes Yes Copy of Local Business Tax Receipt Yes Yes W-9 Yes Yes ACKNOWLEDGEMENT- RECEIPT OF ADDENDUM Yes Yes Place of Business;Collier Lee County of Business;Collier Collier Demolition Douglas N. Higgins, INC Tru Spec Mechanical, Inc Engineer's Estimate South Facility Addendums #1 Opened by: Leeann Charles Witnessed by: Juan Delgado & Matt Catoe G:\1_ALL SOLICITATIONS & TEMPLATES\1_FY 2022\22-8002 NCWRF North and South Bleach Piping Replacement\1. Pre-Award\22-8002 Bid Tabulation DocuSign Envelope ID: 937DF15A-55A9-4480-B401-05C5D1F51AF3 16.C.3.c Packet Pg. 1387 Attachment: 22-8002 Bid Tabulation (22916 : NCWRF N & S Bleach Piping Repl) Notice of Recommended Award Solicitation No.: 22-8002 Title: (NCRWTP) North and South Bleach Piping Replacement Bid Due Date and Time: June 24, 2022, at 3:00 pm RESPONDENTS: Company Name City County ST Amount Responsive/ Responsible Douglas N. Higgins, Inc Naples Collier FL $957,380.00 Yes/Yes TruSpec Mechanical, Inc Cape Coral Lee FL $1,098,808.64 Yes/Yes Utilized Local Vendor Preference: Yes No N/A On May 19, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-8002 (NCRWTP) North and South Bleach Piping Replacement to twenty-nine thousand two hundred and ninety (29,290) vendors. Vendors viewed sixty-seven (67) bid packages. The due date was extended for an additional week, staff performed additional vendor outreach. The County received two (2) bids and one(1) no Bid by the June 24, 2022 deadline. 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 recommends the contract be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total contract amount of $957,380.00. Required Signatures Project Manager: Peter Schalt Procurement Strategist: Leeann Charles Procurement Services Director: ________________________________ Sandra Herrera DocuSign Envelope ID: 937DF15A-55A9-4480-B401-05C5D1F51AF3 7/19/2022 7/19/2022 7/19/2022 16.C.3.d Packet Pg. 1388 Attachment: 22-8002 - NORA.docx (22916 : NCWRF N & S Bleach Piping Repl) 16.C.3.ePacket Pg. 1389Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) 16.C.3.ePacket Pg. 1390Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Project Manager : Peter Schalt Procurement Strategist: Leeann Charles 22-8002 NCWRF North South Bleach Piping Replacement Bid Tabulation Notices Issued: 29,290 Viewed:67 Bid Responses :2 22-8002 NCWRF North & South Bleach Piping Replacement Bid Tabulation Bid Item Description Units Estimated Quantity Cost Per Unit Total Cost Per Unit Total Cost Per Unit Total 1 Mobilization/Demobilization < 10% total construction cost)LS 1 $90,000.00 $90,000.00 $102,180.86 $102,180.86 $70,000.00 $70,000.00 2 Record Survey/Record Drawings LS 1 $18,380.00 $18,380.00 $10,000.00 $10,000.00 $5,700.00 $5,700.00 3 3.a South Containment Area (Chlorine Contact Basins 3&4 and Filters 3&4)LS 1 $29,000.00 $29,000.00 $43,662.13 $43,662.13 $3,500.00 $3,500.00 3.b South Containment Area (Chlorine Contact Basin 5 and Filter 5)LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $3,500.00 $3,500.00 3.c Chlorine Contact Basins 3&4 and Filters 3&4 LS 1 $29,000.00 $29,000.00 $29,108.09 $29,108.09 $21,000.00 $21,000.00 3.d Chlorine Contact Basins 5 and Filter 5 LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $17,700.00 $17,700.00 3.e North Facility (Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2)LS 1 $29,000.00 $29,000.00 $181,925.55 $181,925.55 $33,100.00 $33,100.00 3.f Pre-Filter Bleach LS 1 $29,000.00 $29,000.00 $36,385.11 $36,385.11 $5,800.00 $5,800.00 4 4.a South Containment Area (Chlorine Contact Basins 3&4 and Filters 3&4)LS 1 $50,000.00 $50,000.00 $96,577.67 $96,577.67 $43,000.00 $43,000.00 4.b South Containment Area (Chlorine Contact Basin 5 and Filter 5)LS 1 $50,000.00 $50,000.00 $94,577.67 $94,577.67 $43,000.00 $43,000.00 4.c Chlorine Contact Basins 3&4 and Filters 3&4 LS 1 $50,000.00 $50,000.00 $54,577.67 $54,577.67 $145,000.00 $145,000.00 4.d Chlorine Contact Basins 5 and Filter 5 LS 1 $50,000.00 $50,000.00 $54,577.67 $54,577.67 $200,000.00 $200,000.00 5 North Facility (Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2)LS 1 $200,000.00 $200,000.00 $202,888.33 $202,888.33 $150,700.00 $150,700.00 6 Pre-Filter Bleach LS 1 $200,000.00 $200,000.00 $44,577.67 $44,577.67 $45,000.00 $45,000.00 7 Allowance for Unforseen Conditions at Owner's Discretion & Owner's Approval T&M 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 TOTAL PRICE $957,380.00 TOTAL PRICE $1,098,808.64 TOTAL PRICE $862,000.00 BID RESPONSE FORMS Yes/No Notes Yes/No Notes Bid Schedule Yes Yes Bid Response Form (Form 1)Yes Yes Exhibit N - Contractors Key Personnel (Form 2)Yes Yes Material Manufacturers (Form 3)Yes Yes List of Major Subcontractors (Form 4)Yes Yes Statement of Experience of Bidder (Form 5)Yes Yes Trench Safety Act Acknowledgement (Form 6)Yes Yes Bid Bond (Form 7)Yes Yes Insurance and Bonding Requirements (Form 8)Yes Yes Conflict of Interest Affidavit (Form 9)Yes Yes Vendor Declaration Statement (Form 10)Yes Yes Immigration Affidavit Certification (Form 11)Yes Yes Bidders Checklist (Form 12)Yes Yes COPIES OF REQUIRED INFORMATION ATTACHED Company's E-Verify Profile Page or MOU Yes Yes Copy of Active Registration with Current FL Divisions of Corporations Yes Yes Copy of Active applicable License Yes Yes Copy of Local Business Tax Receipt Yes Yes W-9 Yes Yes ACKNOWLEDGEMENT- RECEIPT OF ADDENDUM Yes Yes Place of Business;Collier Lee County of Business;Collier Collier Addendums #1 Opened by: Leeann Charles Witnessed by: Juan Delgado & Matt Catoe Tru Spec Mechanical, Inc Engineer's Estimate South Facility Demolition Douglas N. Higgins, INC H:\2021\2021038A\EN\Specifications & Bid Documents\Copy of 22-8002 Bid Tabulation 16.C.3.e Packet Pg. 1391 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jon Waters Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-1-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: SCRWTP Tamiami Wellfield RAW WM valves & meter replacement Project Location: Naples, FL Project Description: Installed a new above ground raw water metering and valving station, along with electrical, instrumentation and site civil work. The existing abandoned meter vault and related abandoned pipework was filled with flowable fill. Two manually -operated raw water gate valves were replaced and site restoration. Completion Date: February 14, 2017 Contract Value: $540,543.08 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5344 Owner’s Contact Person: Alicia Abbott E-Mail: Alicia.Abbott@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes; There were 3 change orders for the project, 1. 30 day time extension, 2. Additional time and use of allowance funds, 3. Use of allowance funds, and additional funds added to contract to cover valves that were incorrectly labeled on design plans. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 16.C.3.e Packet Pg. 1392 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No D.N. Higgins warranties, some SCADA adjustment done by vendor after the fact 7. Additional comments: No 16.C.3.e Packet Pg. 1393 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-7-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: NCWRF Multiple Projects – Bleach Piping, Knife Gate Valves, Channel Mixers, Clarifiers, Potable Water interconnect Project Location: Naples, FL (NCWRF) Project Description: Bleach Piping – Remove, replace and paint 1 ½”, 2” and 3” PVC bleach piping and valves at the North Bleach Facility. Knife Gate Valves – Remove 3 existing 30” knife gate valves at the mixed liquor splitter box and replace with 3-30” plug valves. Channel Mixers – Remove 4 existing 1 hp mixers and replace with 4-1hp vertical solid shaft right angle mixers located in the MLE aeration basin influent channel. Potable Water Interconnect – Install 6” and 4” ductile piping, valves, and backflow preventer to connect the BFP Booster Pump at the Sludge Handling Building to the potable water system. Clarifiers 6 & 7 – Remove and replace drive systems, rebuild center columns, replace seals, rep air, replace and coat corroded metal, piping, and valves. Completion Date: June 21, 3013 Contract Value: $457,031.30 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-269-1889 Owner’s Contact Person: Craig Pajer E-Mail: Craig.Pajer@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. No contractor required changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 16.C.3.e Packet Pg. 1394 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 7. Additional comments: D N Higgins did a great job! 16.C.3.e Packet Pg. 1395 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 6-28-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Pump Station 309.19 Project Location: Naples, FL Project Description: Construction of a new wastewater pump station to replace an existing pump station. Included construction of a new submersible wastewater pump station, misc. piping, electrical, electrical service extension, wastewater service connection, grouting of existing gravity sewer, modification of manholes, abandonment of an existing wastewater pump station and misc. site work. Completion Date: May 31, 2017 Contract Value: $492,889.47 Project Owner/Title: / Project Engineer Collier County Public Utilities/ John Eick, P.E. (Retired) – Project Engineer / David Schmitt, P.E. Engineers Address: 950 Encore Way Naples, FL 34110 Phone: 239-254-2000 Owner’s Contact Person: David Schmitt, P.E. E-Mail: DavidSchmitt@hmeng.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 16.C.3.e Packet Pg. 1396 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 7. Additional comments: Contractor performed well on this project and coordinated work to minimize disruption to traffic and system down time. 16.C.3.e Packet Pg. 1397 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 6-28-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: SCWRF Grit Systems/EQ Pump Modification Project Location: Naples, FL (SCWRF) Project Description: Remove 3 existing grit classifier systems and pumps; construct new equipment platform and install new classifiers, pumps, fee and drain piping. Upgrade and modify existing control systems. Rehab 3 existing Grit King dynamic separators. Structural modificat ions of building. Remove, remanufacture and reinstall 3 – 16 inch EQ mixing pumps. Completion Date: April 30, 2015 Contract Value: $1,522,124.59 Project Owner/Title: / Project Engineer Collier County Public Utilities/ Oscar Martinez, P.E. (Retired) – Project Engineer / David Schmitt, P.E. Engineers Address: 950 Encore Way Naples, FL 34110 Phone: 239-254-2000 Owner’s Contact Person: David Schmitt, P.E. E-Mail: DavidSchmitt@hmeng.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes, there was a change made in the type of fill used in filling a new elevated platform that was a no dollar change (contractor requested). An additional change was made to modify discharge piping from grit classifier (owner initiated) to improve operation. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 16.C.3.e Packet Pg. 1398 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 7. Additional comments: Project went very smoothly. 16.C.3.e Packet Pg. 1399 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: MPS 303 and 304 Project Location: Naples, FL Project Description: Demolition; Install new pumps, concrete pump base, piping, valves, pipe supports, electrical, control and other appurtenances; Furnish and install new chopper pumps recirculation systems; Furnish and install new diesel engine driven emergency backup pumps, piping and valves, pipe supports, electrical, control and appurtenances; relocate odor control units including potable water, electrical, control, drain lines and other appurtenances; test all underground facilities; furnish, install, connect and test all electrical motor controls and other controls, furnish and install emergency power generator equipment; furnish and test all hardware and software; restore site. Completion Date: November 19, 2018 Contract Value: $2,924,054.49 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5343 Owner’s Contact Person: Peter Schalt E-Mail: Peter.Schalt@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes. Yes, all changes were due to unforeseen conditions and not Contractor induced. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 16.C.3.e Packet Pg. 1400 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, all were responded to and performed satisfactorily. 7. Additional comments: No. 16.C.3.e Packet Pg. 1401 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Master Pump Station 109 Improvements Project Location: Naples, FL Project Description: Demolition of existing pumps, piping, electrical, fencing and entrance road. Installation of 3 new submersible pumps and 1 diesel driven backup pump, SS/HDPE discharge piping with valves, pipe supports, magnetic flow meter, all electrical, controls and oth er appurtenances. Relocate existing odor control unit to new location with all utility extensions. Provide and install electrical building with new gear, drives, control panel, and new SCADA software. Provide and maintain station on bypass pumping (1700 gpm) during construction of new station. Provide and install walk in diesel engine driven generator for emergency power. Test all motors and controls. Site restoration. Completion Date: October 16, 2016 Contract Value: $1,515,601.35 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5343 Owner’s Contact Person: Peter Schalt E-Mail: Peter.Schalt@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes. Yes, all changes were due to unforeseen conditions and not Contractor induced. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 16.C.3.e Packet Pg. 1402 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes, all were responded to and performed satisfactorily. 7. Additional comments: No. 16.C.3.e Packet Pg. 1403 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: NCWRF Oxidation Ditch No. 2 Project Location: Naples, FL (NCWRF) Project Description: Removal and replacement of five aerator shafts, discs, bearings, couplings 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. Completion Date: March 29, 2021 Contract Value: $262,006.89 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich E-Mail: Wayne.Karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes. Yes, there were some changes due to unforeseen conditions. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? Yes there were. The issues were responded to and performed satisfactory. 16.C.3.e Packet Pg. 1404 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 7. Additional comments: No. 16.C.3.e Packet Pg. 1405 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: SCWRF EQ Overflow Gates Replacement Project Location: Naples, FL (SCWRF) Project Description: Installation of temporary bulkhead, pumping equipment & bypass of flows to allow replacement of the overflow weir gates. Remove and replace the existing channel covers and supports. Demolition of existing overflow weir gates. Repaired concrete and installe d new overflow weir gates flow actuators. Electrical and SCADA work. New motorized actuator was compatible with the existing electrical and SCADA. Restoration and cleanup. Completion Date: May 31, 2017 Contract Value: $207,635.49 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich E-Mail: Wayne.Karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, they worked well with Plant staff in coordinating the work. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the process ran smoothly. There were no changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 16.C.3.e Packet Pg. 1406 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 7. Additional comments: No. 16.C.3.e Packet Pg. 1407 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jared Mellein Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: NCWRF Filter Set 1 Rehabilitation Project Location: Naples, FL (NCWRF) Project Description: Complete removal of four sand bed automatic backwash filter systems. Structural improvements to load bearing concrete walls, resurfacing of interior filter walls, and installation of four new automatic backwash filter systems including underdrains, media, and mechanical equipment. Completion Date: June 26, 2013 Contract Value: $1,455,517.97 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 303 Naples, FL 34112 Phone: 239-252-5372 Owner’s Contact Person: Wayne Karlovich E-Mail: Wayne.Karlovich@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the process ran smoothly. There were some changes due to unforeseen conditions. There were also some owner requested changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No. 16.C.3.e Packet Pg. 1408 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log 7. Additional comments: No. 16.C.3.e Packet Pg. 1409 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) Appendix H2 – Template - DELORA Vendor Reference Check Log VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8002 Reference Check by: Jon Waters Solicitation Title: NCWRF – North & South Bleach Piping Replacement Date: 7-6-2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-254-2000 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Pine Island RO WTP Piping Replacement Project Location: Bokeelia, FL Project Description: Reverse Osmosis Water Treatment Plant Piping Replacement. Demolition, removal & Disposal of the existing RO WTP piping. Completion Date: July 31, 2020 Contract Value: $444,095.94 Project Owner/Title: Greater Pine Island Water Association Owner’s Address: 5281 Pine Island Water Association Phone: 239-283-1071 Owner’s Contact Person: Laurie Adams E-Mail: ladams@pineislandwater.com 1. Was project completed timely and within budget? (If not, provide detail) 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) 3. Was the construction process performed satisfactorily? (If not, provide detail) 4. Did the process run smoothly? Were there any changes? Describe below. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 7. Additional comments: 16.C.3.e Packet Pg. 1410 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl)Listed EOR (Gary Ferrante, PE, Weston & Sampson) contacted. Did not respond. Retired Appendix H2 – Template - DELORA Vendor Reference Check Log 16.C.3.e Packet Pg. 1411 Attachment: DELORA Bleach Piping HM (22916 : NCWRF N & S Bleach Piping Repl) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with DOUGLAS N. HIGGINS INC. ("Contractor") of 3390 Travis Pointe fed., a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "NCRWTP North and South Bleach Piping Replacement," Invitation to Bid No. 22.8002 ("Project"), as said Work is set forth in the Plans and Specifications prepared by HOLE MONTES, INC., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contracto 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. Scone 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- Nine Hundred Fifty-seven Thousand Three Hundred Eighty Dollars ($957,380.00). Section 4. Bonds. A, if applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 { Construction Services Agreement: 12022_ver,31 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 two hundred forty (240) 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 ninety days (90) 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 Two Hundred and Eighty -Eight Dollars ($1,288.00) 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 falls to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time Is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday z Canslruaiion Services Agreement: 12022_ver.31 (h0 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, 0. 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, K 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 B. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #22-8002 "NCWRF North and South Bleach Piping Replacement". Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Not Applicable Exhibit B-2: Performance Bond Forms Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Farm Construction Services Agreement: (2022_ver.31 tr�� Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ❑ Applicable ® Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ITS # 22-8002 NCWRF North and South Bleach piping Replacement.. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: httK)s://www.bidsync.com/bidsync-cast, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terns of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications []Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: HOLE MONIES, 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 Public Utilities Engineering & Project Management 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Attn: Peter Schalt, Sr. Project Manager Phone: 239 252 5343 Email: Peter, Schalt a@CoIlierCountyFL.Gov 15, 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. 3390 Travis Pointe Rd., Suite A Ann Arbor, MI 48108 Attn: Kelly A. Wilkie, Vice President Phone: 239 774 3130 Email: kwilkie2000@dnhiggins.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: [2022_ver.3] : - Section 8. PUBLIC ENTITY CRIMES. 81 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 wlth any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing -Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement, Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: 12422_ver.31 Section l S. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures, Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement_ The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion, Remainder of page intentionally left blank 6 E.�� Construction Services Agreement: [2022_ver.31 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. T' WITNESSES: FAST WTNESS David J. Wilkie Print ame JL C Q ATNESS Daniel N. Higgins Print Name Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller M Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: DOUGLAS N, HIGGIN5 INC. By hdtit a, wd�_' Kelly A. W I ie, Vice -President 08/01/2022 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: William McDaniel, JR , Chairman r L`onsir uctian services Rgrearrrent; 12p22_ver,31 L� EXHIBITA-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement [2022_ver-3] 6Ao COLLIER COUNTY WATER SEWER DISTRICT 22-8002 NCWRF North and South Bleach Piping Replacement BIDDER Douglas N. Higgins. Inc Bid Item Oescrl Non Units Estimated Quantity Cast Per Unit Totai i Mobilization/Demobilization -t10%total construction cost] LS 1 $901000.00 $90.000-00 2 Record Survey/Record orawin s LS 1 $1$,380.00 $1$.3$0,00 3 Demolition 3.a South Containment Area Chlorlrie Contact Basins 3&4 and Filters 3&41 LS 1 $29,000.00 $29,000.00 3.b South Contalnment Area Chlorine Contact Basin 5 and Filter 5 LS 1 529,000.00 $29,000.00 3,c Chlorine Contact Basins 3&4 and Filters 3&4 L5 1 529 000,00 $29,000.00 3.d Chlorine Contact Basins 5 and Filter 5 LS 1 $29,000,00 $29,000 00 3.e North Facility Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2 LS 1 $29,000.00 $29,000,00 3.f Pre -Filter Bleach LS I 1 1 529,000.00 $29,000.00 4 South Facility 4.a South Containment Area {Chlorine Contact Basins 394 and Filters 3&4 LS 1 $50100000 $50,000.00 4.b South Containment Area Chlorine Contact Basin 5 and Filter 5 LS 1 $50,000.00 $50,00D.00 4.c Chlorine Contact Basins 3&4 and Filters 3&4 LS 9. $50,000.00 $50,000.00 4A Chlorine Contact Basins 5 and Filter 5 LS 1 $501000.00 $50,000.00 5 North Facility Containment Area & Chlorine Contact Basins 1&2 & Filters 1&2� LS 1 $200.000.00 $200,000-00 Fi 1 Pre -Filter Bleach L5 1 1 $20C,000.00 $200,000.00 7 jAllowance for Unforseen Conditlonsat Owner's Discretion & Owner's R naval T&M 1 $75,000,00 $75,000.00 TOTAL PRICE $957,380,00 -'Owner's Allowance - fcr Owners use as Directed. This Allowance will be used only at the owner's direction to accomplish work due to unforeseen conditions and/or as directed by the 0 Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will ba paid any portion or the full amount of the Allowance, Expenditures of Owners Allowi made through Change Order with proper documentation of Time and Materials supporting the change. aA1.Au 10MCFATIMIL IWWW North and mkh IWith PWjA*0**"ft1ll.9 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) Consiroctian Services Agreement 12022_vet.3J ChO C:;o yeV coulity Procurement Services Division Addendum l Date: rune 10, 2022 From: LeeannCharles,ProcurementStrategist To: interested Bidders Entail: Lceauri,C'13arles(Ci)cplliet'coulltyfl.goy Telephonc: (239) 252-4270 Subject; Addendum 41, 22-8002 NCWRF North and South Bleach Piping Replacement The following changes are made to the above -mentioned Collier County solicitation: Change 1. Correction/Clarification Section 111.23 Containment Pipe System — Replace existing Specification section with new specification, Change 2. Contract Drawings : Sheet ll-1 Replace the drain assembly detail and external sensor detail on Shied D-1 with revised details Change 3. Clarification Conti -actor to provide 2 pair #15 instrumentation cable for extension of leak sensor wiring to the Control Panel at North Bleach facility. Change 4. Clarification The scale on sheets M-8 and M-9 are 1" for 11x17 sheets, Disregard the bar scales on these sheets. Change 5. Extend the Q & A, deadline And Bid due date. QUESTION & ANSWER DEADLINE: June44r2022 AT MO June 16, 2022 AT 5:00 PM OPENING DAYMATIEP.CI•ME: dune 17, 2022 T 340--FM June 24, 2022 AT 3.00 I'M If you require additional information, please post a question on our BidSyac (www,bid_ync.coni) 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 sollcitution. l , (5ignahu'e) r' I � � ame o Date FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IINCWRF North and South t1leRch Piping Replacement BID NO.22-8002 Full Name of Bidder I]nuglas N. Hi gains, Inc. Main Business Address 3390 Travis Pointe Rd. Ste. A, Ann Arbor, M1 48108 Place of Business 4485 Enterprise Ave., Naples, FL 34104 Telephone No. 239-774-3130 Fax No. 239-774-4266 State Contractor's License I�QfzQ1$� Stake of Florida Certificate of Authority Document Number 830666 Federal Tax Identifieation Number 38-1807765 DUNS # 01-722-2183 CCR# Cage Code - OVDti2 - To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The imdersigned, as Bidder declares that the only person or parlins interested in this Bid as principals art those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement rind all other Contract Documents and Bonds, and the Contract Drawings and Speeificatlurks - Biddcr proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, appat•atus and other means of construction, including utility and transportation services necessury 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 (herein set forth, furnish the Contractor's Bands and Insurance specified in the Oeneral Conditions of the Contract, and to do all other things required of the Contractor by the Con[rn4t Documents, and that it will take full payment the sums set forlh in the following Bid Schedule: Unit prices shall he Provided in no more than two deeimRl 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 exccutc the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreemtal, Insurance Certificates and Bonds am not executed and deliveted 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 lass if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In Inc. event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is liereby agreed [lint it is appropriate end Fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execrate and deliver the Agreement, Insurance Certificates, and bonds as required hereunder. The Construction Sollciletion Doc rev 04152022 0 3UC9C';HFul Bidder hereby expressly wnives and relinquishes any righl which it may linve to yuok to chnrneteri:'e the obove notCd hCuidnled danlaps an n ImInIly, which the pal'IIC4 o8ree represents a fullnlld reasomble esrtlmatei or Owner's actual danapges at the time of bidding iI' the Stiocetsf ij Bidder fails to a\cclltC And deliver the Agreealtelat. rnsurnncc Cerliflualos, and Bondy in at timely mnlMer, Uporl IrCeipi of the 4igttetl cold npprosred agreement and Vurchase Order, the Undersigned propages to i cornittatloe hock at the site within fivas (5) onlendar days from the oommeticeimiii data stipulnled in the %Vritteu Not icc to Proceed ultless the Project Manager, ill writing, subsequefltly notifies the GonlraCtol' of a MOdirIc<r (later) commeneetllenl elate. The widersipad Furtller agmes to subYtnttlinlly oonllk VIC 1111 track covered try Ihil, Bid within Two hunched uud Frlrty (2,10) Cmmmulive onliusidalr days, G01111711ted by exoluding the eommememem dote and inraluding the I,ist cloy ofsuah period, and to bo fully completed to Ute point of fugal auceplanve by the Owner within Ninuo, days (90) Consonulive ualendar daps aflur 8ubslnntinl Gcstnlslclion, 00111puLed I y exclucliltg Cotntlieticenlelit CIA IC and including the lasat clay ,7f ,moli period. Acceptance and ncluaolvledgod by an Authorize Agent 5il;naltu 1�e: �k' I'ItIC: Vice President Dater 61,17/22 Carlstrucfiarl Solicitation Doc rev 04152022 G CERTIFICATE OF Sl�l.,4s,:.�IAM The undersigned, being the duly e].epted secretary of Dou las N. HiggiAs, xnc., a Michigan corporation, hereby certifies that the fo.11.owing resolution was duly adopted by the Board of birectors of said corporation at a meet"u help on Liril 1 2020 and said resolution .is in full force and .eff-edt: "'RESQLVED, That the following listed persons are hereby a Athorized to execute, on bahalf of Douglaz N. Rggins; XnC., any and all contracts and doaum6nts." s I Mat.thow T. DeLuca Daniel. N, Biggins Dots las K. Higgins David J'. Wi.lkica Kolly A. Wl.11cie -- Dated: Z020 it ly A. nlilk�.e $ecrata.r FORM 2 - CONTRACTOR'S ICLY PERSONNEL ASSIGNED TO THE PROJECT NC'W R North and South Blench Piping Repincement Name James Nelson Miol=ael Lobello Construction Solicitation Doc rev 04152022 Bid No. 22-8002 Personnel Catmory, Construction Superintendent Pivjecl Managel' FORM 3 - MATERIAL MANUFACTURERS THIS DORM MUST BE COMPLETED OR BfD MAY BE DEEMED NON -RESPONSIVE All Bidders shall wililrm by sigi1at111'u (Hilt they will 1)1.ovide the mallulaGllti'CrK and 111AlCrIaIN 011thned ill tlus Did specifiontions, including compliance will) Florida Statute 255.20 to provido lun1110r, iilllber ntul 011101' forest products produced and manufactured in the Stato of f,'loridn m long A:t the prise, filnegs and quality are C(llitil- Exceptions (wheel egtiitl:s are acceptable) may he reguestecl �y oomnleiing the: Material Mnmli'aouuer Esceplian List hclow. If An CxCCptiilll Cor a 11111I111fReturel• 4111111101. laterial lu proposed and listed below end is not npproved by Enginecrlllmicet Mnitngcr, Bidder shall funlish the 1nnnitfachn'er Ilnmed ill the speoil'iontion. Auceplanoo of this fornl does not aonitihtte accepinnee nl'inateiial proposed on this list. Coinplclo and sign section A QR B. Scefltm A (Acccpllinae of All 111anutncture;l rend innterinls ill Did 81JecificatinnN) on behalf of my fitxn. I canl'irin that we will use all innnufaeturers and nlilterild.9 AS 1pceirically oullim:6 ill the Bid speciticntions. 0111lrnn3r; TDouglns N. lliu ins ]na. lII fiign�ttu'e: tr �I � Date: __6L17/22 Section l3 (Exception requested to Bid specirications manufacturers and materials) EXQEPTION MATERIAL, CXCEPTION MANUFI±,L UM r01 kill 5, Please illNCrl ndclitipna] pages AN neeesgal'y. Sigludurc: Construction Solicitation Doe rev 04152022 Dil to 0 C�RM,;1', L1uTI . j4aAiTOR'SUBoI'1� itA C UjClt nun uoHm mu sT DR C Dh9PL?CTFLD O UM MAY BU DE r, MD NON-REO,PONSi'VP Tho uadornigned ORL04i 11111t ills following is a list of the proposed subdolitrnolors for tlta ninjor antegorics outlined in lllo 1'equil•omeulx of tho 131d speu]Piu1nlanx, The undersigned solmoLyledges its responsibi lily for alistiring that the iYttbmitmotots for Ilie. mnjor ontogorles listed harein al -a "qualified" (as dafilud in Ordirinnoo 2017-08 and 9oodotl 15 of Instruolions to Bidden) and uteel nil lognl requit'emmits applionble to alld lleeassitnled by [lie Conirldet DooUn1011149, ilioludhig, blit 11o1 lllnited to proper Ilatlrises, oorhfleatims, regish•ations and insurnrlue oovllroge. The ❑Weer rosorviss tho right to disqualify, any Bidder who hnlvdas nan-Oo111Nlintlt or not} -qualified Subr-onti'Qdl01g Ili itll bid Offe1'. Firr'ther1 did OwIlor nlny dime.. the queoeRSAII 13Eddel• t4 tiny .SuboonIVQOte1', nt riO nddillonnl Cost to Oµ'11e1, lvhroh is found to be lion-eomplialll with d1i3 1'cclldrement either• before or nflet' Ilia issuance of Ilse AwArd of Coalraol by t7iyiw% (At(ach additions I sheets il% needed). Forlher, Ilte undorsigned tioluiawledges and agrees dint promptly after tho Award of Contrnot, and in n000rdtinco with lit izgLIhatnwlts of the Conti -not 1Doommants, tho 5ueoesafiil Siddet•shall identify all Stlb6anlmolore it kitolids to uee on the project. The undersigned fiutlier ngroos ibnt all gllbaonlraotorn subsequently Idealiiied for any portion of work on this Pmjeot in ist be qualified as noted thieve, ' lvl'tijnl°.C.`atego•iy;1i1'�►ii1;k•, • •,�:SllliaoglYnctwi.nrirlAdrliiiss ' 2. MeohnnioRl �tY4117- P lit 3. Pltttltbin " F° �}, 91ts Worlt rF—x P, S. identify other• suboonteaotars lhul represetil snore thsn 10% p � 4 of priao or that nffcot the I PtA A r aride«1 path of die sollsdulo �'Qu�linti}�: i - ine' '-„• - `yr, • t, - � - . ' Dnte:LL71z: . Catlslrrtalion Solicitation floc rev 04152022 (a I{'ORM 5 -STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR RII) MAY DE DEEMED NON -RE SPONSIVEINON- RESPONSIBLE. SEE SUPPLEMENTAL QUALAFICATION REQUIRE'NIC,NTS — (',l'he .S+7t�plcrirt?�tlart {)rrrrlif'rcrttiurt.v tubas precede► e, should11101-12 lice Cmiflicling lruqrrrrge lukh thisfiwi►1.) The Bidder is required Ixovido fine (5) project referonces, slated below, of what work of similar maguitudc completed within 117e lust Fife (5) years is a,judge of its experience, skill and business st,111ding and of its ability to conduct the work as conwietely and as rapidly cis repaired under the Icrms of the Agreement. I , Sae Attached 2. [l}rojecl aurae) (proJeal loca tiara) (project description) (project owner) (Owner's address) (Owile;r's contrtct persun) (tit le) (prr�jeel ltarllcampleliou dnl+:si (conlraet ►value) (1111ano) (cmnil) (IwRieut Marne) (project owner) (project location) ((-wiloes address) (proieot description) (Owner's contact person) (I71'[7'eiil :itlll'ttf:oll7t]lgtlfl[1 {17r1e3) (Gontraot Value) (pllolle) [1:711i11I) (pro.ieot smile) (project orwncr) (projcct locn1inn) (C)%Amr-r's addruss) (project description) (Owner's contact person) (pinjct+l s�ir►rllcorripleliatl elates] (Contract vulue) (13110ne) (email) (title) (title) Copstruction Solicitation Doc rev 04152022 a 5. [rt]RM 5 - STATEKENT OF EhTCI RTENCE OF BIDDER (project namo) (Projectloantion) (project deseription) (project ca�mplation dulo) (project owner) (Owner's address) (Otx,ner's contrkrt person) (title) (CO114110 Value) (phone) (emnil) (project puma) (plvject mner) (prtyjcct locnlion) (Owner's address) (projocl dctiuription) (Owner's con(nat person) (title) (project completion date) (nontrnol ti-nlne) (phoms) (email) Cotlr iMly: Dou Ins N. Hi sits, lac. 5iuulttt'e: Construction Solicitation Doc raw 04152022 Date: 6/17122 (a Job No: 1070.10 ner - Addrass - Proiact Mananor-.P_hcns: Greater Pine Island Water A45ociallon 0291 Pine Island Rd, 6oltoolls, FL 33022 (239) 283.1071 Lauda,4dams. General Mgr. Iedam saanlneldandwalar.eom Weslsn h Sampson 15211 Royal Palm Square Blvd, Sin. 200 Ft. Myers, FL. 33948 (23g) 417-4001 Gary Ferrante, PE F4rr9n1a0s�a)vrales<WM da 9' Auguel 12. 2019 tract 6moum: $444,006.94 In 11131a: July 31, 2020 Reverse 4smnala Water Treatment Plant Piping Replacamant. Damollllon, Remavat 8 alapoanl of 0le existing Rt71NTP piping, $lalion 309.19 Job No. 1910d9 Cow County Public LJ111411m 333g n'arrilaml Troll E., $la- 303 Naples, FL 34112 John Elck, P.E. (239) 252-5345 Mole MorLes, Ino. gsg Encore Way Maples, FL 341 W [)avid schmlg, P-E. {239)264-2000 June % 208 $492,869.47 May 31. 2017 Conslructlon of a nay' waslowator pump slallan In raplaca an existing pump slallan. Included construction of a naw sub- mersible waelewalor pump station, mist, piping, electrical, etoddrAl sarvlce eidoreton, wastewater uarAca connecllall, grouting of axlsltng gravity sewer, inodlnuallon of manhctes, abandonment of an existing Wastewslar pump otaLlon and miso, silo work. 4 x ate, rvt.vvrsr uxroanan ORCh No. 2 Maohanicnl Upgrades Jab No: 1330-20 0Y Up 9gcrross . PrClact MCneaer - P_hone Golilor County Public Utilities 3339 7amlaml Trail E., Sla, 3(l3 Naples, FI. 34112 (239) 252.5372 Wayne Karlovich, PL Wil2ild1 - doyle 40col 11qreo orl Wn,p_y =nnrnrsnr- add..,... -- 9W Fnure Way Neplos, FL 34110 (239) 264-2000 [)avid 8ohmllt, P.E. data; July 8, 2020 lmgAmo.um $282,nQ8.89 )n Patel March 211. 2021 liomoval and Replacement of live 9Qmlorah0s, discs, bearings, coupling and appurtenances, The dirsul drlvo motor and gear box units ware ramaved him the existing aerators and Iqslalled ON Ihs now auralara, Owner supplied equipment from Evuqua Watar Technologies. LI.C, MP8 303 and 304 Rehebinlallon Jab No. 443.1$ owner - Address - Prolect Manager- Phone: Collier Cow* Public JININes 8339 Tamlaml'Crall E„ Ste, 303 Naples, FL 34112 (239) 2d2-5343 Polar Srhall, SPNI EILer,idw i s tb c al Ih rcoe n I A NY Errainaar- ddrose Ph9na: AECOM Technical Sarvlear, Inc. 4416 Malro parkway, Ste. 404 Karl Myers, FL 33916 Dustin Chlaum, P-E, (230)278-7008 p u of n,c his u m m as cy m.cam .QM% cl Gale; November 10, 2016 Final CCntraal Amount: $2,024,054-49 Camolonon hale: November19, 2018 Demolition; Instal new pumps, concrele pump baso, plpSng, valves, pipe suppoAB, electrical, control and other eppudenoncos; Fumish and Instep now cfwpper pumps raelmulallon systems; Fumish and Install now diesel enpine dilvan emergency backup pumps, plpino end valves, pipe supports, electrical, control and appurlenanca% relocate cdor control units Indudin0 polahte water, atocldcal, writrol, drain Qnae and ohor apportonances; test all underground facilllles; furnish. Install, connect and lost all otoairloal motor controls and other controls, fumtsh and Inalall emergency power generator gpulpmenl; rumtsh and tear fill hardware and satlware; restore site. valves & Meter Raplacomant Jab Na, 1920- i B Calllar County Puhllo URIIIIaC 3339 Tamlaml Trail E„ $le. 303 Naples, FL 34112 Alicia Abbell, Project Mgr. (239) 252•5344 3800 Colonial Blvd., Ste, 1U0 FI. Myers, FL 939D7 Nephew Grsbbina, P.E- (239)275.2226 Fehruary2, 2016 5540,543,00 Fohniary 14. 2017 11191 led a now abova-gMijod raw watat rnntndng and valWng stalled. nla39 with electrical, M1111meMallon end slip civil wank- The axlbliri0 abasdcnad meter vainl and ralaiad abandoned plpework was filled with newablo MIL Two monuartyoperatad raw water gale vaWeaword replaced and site realorallon. NCWRF rfl*Sut 1 Rehablllla8on Jab No, 857-12 Collier County Public iillplloe 3330 Tamlaml Troll E„ Sta. ao3 Naples, FL 34112 Wayne Kedovich, P.E. (23R� 21J2-5372 Half, Monlea, Inc, 060 Encore way Naples, FL 341 i0 Frank Feeney, P.E. (239) 254-2000 June 26, 2012 at u $1,455,st7-9T aD2W June 28. 2013 complain Rem*val of four sand bad aul)malle baokwash niter aystsma, Siruolural Improvamonls to load hoorfng canerelq walls, resurfecing of Interior Her walls, and Instollalfen of row maw aulemallo baCkvrash Inter syntama including undordrulhe, madln, and mochanlearequipment. Jab Na. 1S20-16 Colfiar County Pubile Ulklpaa 3339 Tamlarnl Trill E., ale. 303 NapiaR, FL 34112 (239)252.5372 Wayne I(adovlch, P.E. ' 1 a Holo Monloa 950 Encore way Naples, FL 04110 (239) 254.2040 Dovld 6chmlll, P,E. p ate+ .hmsaas�� June 0, 2016 c au 3207,835.49 d v o e May 31, 2017 111191altetfon of Ieulporary bulkhead, pumping squlpment 8 hypags of flow* 10 eilow raplacemonl or the over9nw weir pales. Remove and replace the dxlsirng channel covers and supporls. Dgmollllon of exlatinq ovwRow walr galas, Rapalrad concrete and Irisla8ad nsw ovarllaw weir gnlsa ROW W[fl acluelCre. Elecldcal and BCADA wcrk. New rnolorlxed ualuaior was oompellble with tits exlstrng elacirlCal antl SCADA. Restoralfon and cleanup, MaslarPump srallan 1001mprovements Job No. 709-14 'gyp°r ` gtlrass-P�ty1j$gLlf49rtaner-Pltiane Ca1119r Courtly Puhllc Llllrplas 3339 Tamlaml Tra9 E., ate. 3n3 Naples, 171-34112 Peter ftalt, SPM (230)252-5345 Psler3fJla(I�splllenco �r n E11111p owl' 4a&- Phone• AECOM Technlca! Servlc9s, Inc, 4416 Molro Parkway, Ste, 404 Fort Myers, FL 33919 Down,lnklala, P.6, (239) 278-799a rICAVa,�l1-9,I1�d+cow 4nlLel�(JpBL 00lahar20, 2014 Final i e t S1,S15,a01,35 G3m�ttIL9rL�' dclobar 10. 2016 ❑ernainian or axisllnil pumps, pip?", eloatrlcal, fondlnp & entrance road, Insialliman or 3 new aehmerStble plumps & f dleanl driven backup pump, 3&HDPE discharge piping will, valy8c, plp0 CupP4rta, magnetic now rnelar, 89 olseldael, Wrltrols & nlhorappvrtdnancas. rtetaeale aiding adar control unit 10 now locslron with all utility extemians. Provide & Inatall electrical hidg, wllh new gear, driven, conlrpl panal, and now SCADA Softwsra. Provide & mainialil slallon an bypass purrlping (1700 GMp) durtn9 construcllon of now station. Pravlde & Install walk In dtcaot engine driven ganarator for emergency power. Tasf all molars 8 t:orltrola, Sfte realorallon. SGWRF Grit SyslainslE4 Puhlp MudilicaUan Job Na. 69p.13 S1W[lar-15rK1fax5-rlujp, .�ylpJ,.tS1.1-Maui CollierCaunly Public Uillnles 3339 Tamlaml Trall (I., Suite 300 Naples, FL 34112 (230) ZZ-6214 OscarMarlfnuz, P.E. bsi um"dPn e969tdlllal eoV,nP 1 nainaur-Addross - P643 HVlamontes, Inc• 950 Encore Way Maples, FL 34110 Pavld Schmltl, P,F- (230)254-204U Canlract Date: dune 19, 2013 Fi0aLCa�j[9clRmcun$11522,124,ag CamgleNnn date' April 311, 2016 Remove 3 existing pip ctasslltarsyslams & pumps; consirucl new oquipmanl platform R. Inaleli new clafl0l0rar pumps, food & drain piping. Upgrade & modify wdsllno control systems. Rehab. 3 axlallnn G61 King dynamic aepamtofe. Siructurai modlllcotions of building- ♦Zornbvo, romanuracturo & refnstoll 3. 18" F.Q mIxTng pumps, pmjeom. NCWRF Muhlple Projects - Bleach Piping, Knife Onto Volvo&. Channel Mixers, ChMOIns, Potable Walar tnterconnect 3330 Totnlaml Trall E„ Ste, 303 Neplas, FL 34112 Cray) Paler, ProJerAManager (239) 252.2554 -AddM" - HIaf1fl; Hale Mantua. inc, 950 Encore Way Naples, FL 24110 Jerry Tadreka (230)2.4-2000 29!q� July 21. 2011 tract Amount: $457,031,3O sn Date' Juns 21, 2019 Bioarh 1'Iping - W-Movo, replace and paint 1112", a" & 3" PVC blanch piping and vatvea at the North Breach Focllliy c(Jja Onto Valos • Rameve 3 existing 30" knK& Dale Valves al lho mixed Ilquor spllller bnK And MPICo vdth 3 - 30" plu0 VANas .geLgo) Mixcrc - Remve 4 oxleling 1hp mtxors and roplaee Will 4 ihp vertical solid churl dghl angla mixers located In the MLE Aeration Basin Innuent chonnol, Potsbls Water lnler�nnool- Iasto116" & 4" ducll1a piping, Valves and back9ow pmvenler to cannot Ilia BFP eoasler Pump al the Sludge Hendling Building IC trio Polcbie water ryctem. G_larlilum 0 &7 - Remove and raplaae drive eyetoma, rebuild center columns, mplare seals, repair, replace and coat corroded Illalal, piping and v91Yea. ':,.•7'I],Gr�'R�hfCJ35r�T]a'I'YAs"7` -- ____-- - THIS FORM WST BE COAOLUTED OR BID MAY BE DB ENIED INOIN-JUSPONSr , Bidder noknowlodgea thn( bintudetl in (lie Various it0ms or the bid Ilnd in the Told 8N1PI'ta4 Ilre U001 for complying with the Florido Trorloll Sofe y Aot (90-96, LAws of J!JOrldn) affective Oolohei• 1, 1990, The Bidder further idcntifion like cost to he su muorizod below I'renoh SnEoty Units of Unit Unit &xtalded Cost Mcasum h1oasuro uentit • Coil {Description} GX s5Y0 ZNCR Fax/ ( q- ace `r I, � SUaPkNC I-F `°o 2. 4. 5. TOTALS T¢ I - t Qaun pp n) Douj&s N, I3i Consteuction Solicitation Doe rev 04162022 FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIYEINON- RESPONISBLE KNOW ALL MEN BY TFIESE PRESBNTS, that we Oouglo N. Higgins. Inc. _ (herein after called the Principal) and -jjjit•tfnrd �jdr:11t Aludgranity Co,_, (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford _ and authorized to do business in the State of _ FL _ are held and firmly bound unto the _C2WCL�Catnty ]Dpard of County Commissioners _(hereinafter called the Owner), in the full andjust sum of Flute percent of the attached bid dollars ($ 5%s_) good and lawful money of the United States of America, to be paid upon demand of the Owner, m 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 aubmit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and frilly complete the Work on the Project known as Bid No.22-$002 NCWRF North and South Bleach Piping Replacement NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner sad within ten days after the date of a written Notioe of Award in accordance with the terms of such Bid, turd 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 attached_ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to reinain in filll force and effect. IN TRSTiMONY Thereof, thu Principal and Surety have caused these presents to be duly signed and sealed -this 17th. - day of _June - -, 2022. Dou&5 N;Iliggins, Inc. _ Principal 77 f BYi . 1}L. (Seat) See Hartford Acoldenl & Indemnir Liss M. Mmot, Atlorneyln-6t, rL Non•ResldenLLleense No. P017062 Countersigned NIA _ Surety (Sea)) Appointed Producing Agent for 14ylant Croup, 24 Frank f,,j()yd Wright Dr., P.O. Box 54l, Suite A 100, Ann Arbor, MI 49106 Direct lnquirles/Glalrns to. THE HARTFORD BOND, od tooPlaza POWER OF ATTORNEY Hartford, 6160 Bond, clalrrisAlhahe Word.cR call. 888-266-3488 or lax. 860-757-5839 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC Agency Codas : 35-351588 35-35085't 81-1611273 0 Hartford Fire Insurance Company, a rorporatinn duly organized nndef the Ia%vs oriho State Of Connecticut Hartford Casualty Insurance Company, a corpornliou drily organized under the laws orthe Stale arindiana Hartford Accident and Indemnity Company, n corporaion duly org81117cd under ilia laws of the Slate of Cauncaicul Hartford Underwriters Insurance Company, a corporallan duly organized tinder the taws of the State of Connoctiml Twin City Fire Insurance Company, a corporation daily organized under the laws ordte Slate of Indiana Hartford Insurance Company of Illinois, a corporHtion duly organized tinder the laws ofthe Slate of lllinofa 0 Hartford Insurance Company of the Midwest, it corporation duly organized under the laws of the Sinte ofindinna Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of klic State ofFlorldo having their home office In Hartford, Connecticut, (hereinafter collectively referred to as Ilia "Companies') do hereby make, constitute and appoint, up to fho amount of unllmiled: Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant, Jigma Laurencefle, Kristle A. Pudvan, Lisa M. Wr7mot,Judy K. W11son, Kathy S Zack, Terri Mahakian their true and lawful Attorney(8)4-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 ®, and to execute, seal and acknowledge any and all bands, 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 permltted 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 4e signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by Its Assistant 5ocrelary, 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 Atlerney. , �� t�u•+l.lr�l � �911} � � � a .�u�Vhp 4 i'tidu�i'ha CA,�e,�;o ' nv.i.' S J� •,I,,.. i4� ylyl�INo' ' fi1114' ^� Shelby IMgglns, Assistant Secretary Jeeite 2fssistenl Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of Mey, 2021, before me peraonally come ,foelle L. LaPerre, to me known, who boing by me duly sworn, did depose and say: that (s)he resides In Seminole County, Slate or Florida; that (s)ha Is the Assistant Vice Prosidonl of the Companies, the corporations described In and which executed the above Instrument; that (s)hs 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 or the Boards of Directors of said corporations and that (s)he signed hWher name thereto by like authority. y .r�, 4, IeaaioA CiCdGae `� ' of R•,"i` MyCmiwvilasion HH 122290 Expires hme 20, 2023 I, the undarnignod, Assistant Vice President of the Companies, 00 HEREBY CERTIPY that the above and foregoing is a true and carrectcopy of the power of Attorney executed by said Companies, which Is still In full force effective as of June 17, 2022 Signed and sealed In Lako Mary, Florlda. r�I�I,lenr, 1L90 Y "9 Irk u ry + �'i.5 � �ti^��1� �''oaf:;t�'. +,, unr• z� fl7 Keith D. Doxols, Assistant Vice President FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall zd ils own expense, carry and maintain insurance coverage Crum tesponsible companies duly ttuthorizcd to do business in the State of Florida as set forth in FORM S of this solicitation. The Vendor WWI procure and maintain property insurarloe 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 Coulity's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herain, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require slmllar waivers of subrogation from the County's separate Vendors, resign Consultants and Suboontractors 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 "Forony and all work performed on behalf of Collier County", or the specific solicitation number and little. The General Liability Policy provided by Vendor to meet the requiretents of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vander under this solicitation and shall contain a severability of interests provisions. The Cerlificaile Huldor shtrll be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Governmont, ORCoMer County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must rend: For any and all work performed or behalf of Collier County, The amounts and types of insurance coverage strait conform to t11e nlinitnunl requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) farms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimurn required covernga, Vendor mug identify on the Cettificate of Insurance tho nature and amount of such self- insured retentions or deductibles and provide satisfactoty evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. CoveragaLsl shall be maintained without Interruption from the dnte 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 audlor 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 fl redtiction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately lako steps to have the aggregate limit reinstated to [be full extent permitted under such policy. Should at any time the Vendor not maintain the Insurance coverage• s) required herein, the County may terminate the A4greoment or at its sole discretion shall be authorized to purchase such coverngeL-) and charge the 'Vendor for such covcragow purchased. If Vendor fails to reirnburse the County for such costs within thirty (30) days after demand, the County has the right to offset these casts from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The Courity shall be under no obligation to purchase such insurance, nor shall it be responsible for the eoverageLs purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to he a wslver 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 fatter than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificates) shall he considered justificalion for the County to terminate any and all contracts. W& Collier County Florida Insurance and Bonding Requirements Insurance/ Band Type Required Limits I. ® Worker's Compensation Statutory Lintils of Florida Stalules, Chapter 440 Fled ;%I[ Federal Government Statutory Limits aad Requirements Lvidence of Workers' Compensation coverage or a Certiftaaw of Exemption issued by the State of Florida is required. Entities that are farmed ns Sole Proprietorships shall not be required to provide a proof ofexemplion. An application for exemption can be obtained online at httM:llapas,f{dfs.c:outlbooexriiipl/ 2. ® Employer's Liability S_1,000,000_ single lint it per occurrence 3. ® Commercial General Bodily Injwy and Property Damage liability (Occurrence Form) patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate far Bodily Injury curreril ISO form Liability and Proper4y Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Promises and Operations; Independent Contractors; Products and Completed Operations and Contraculal Liability. 4, ID Indemnification To the maximum extent permitted by Florida law, the ContractorlVendor shall dofend, indemnify and hold harmless Collier County, Its officers and employees from any and all liabilities, damages, lasses and Costs, including, but not limited to, reasonable attomeys' Fees and paralegals' Fees, to the extent caused by the at,gligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the GonlractorNendor in the performance of this Agreement, S. 0 Automobile Liability $1,000,000 Each Occurrence; Bodily injury & Ptoperty Damage, Owncdlldon�ownedjTlired; Automobile included G. ® Otlwr insurance as [l Watercraft $ per Oocnn'ence noted: 0 United States Longshoreman's and Harborworlmr's Act coverage shall be maintained 4vh.ore applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall he 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 aompletlon of the Services under this AgreeinLnl. $ Per Occurrence Pollution S 1,000,000 Per Occurrence ❑ Professional Liability $ Pit' claim &. in the aiggregatu ❑ project Professional Liability 5 per' QOCUPrenee ❑ Valuable Papers insurance S� Per Occurrence ❑ Cyber Liability $ Per Occun-ence ❑ Technalagy ErrOrS & Omissions $ Pat` Occurrence 7. ] Bid bond Shall bo subtnirtad 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 Cullier County Board of County Ceultnissioners ❑n 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 ill the Staic of Florida and otherwise acceptable to Owner; provided, however, the surety sliall be rated as "A=` or better as to general policy holders rating and Class V or higher rating as to financial size category and (lie amount required shall not exceed 5% or the reported policy holders' surplus, all as reported in tlic most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Streel, New York, New York 10038. D. ® Vender 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. 0 Collier County must be ttanted as "ADDITIONAL INSURED" on the Insurance C:eriifieate for Commercial General Liability where required, This insurance shall be primary and non-contributory with respect to any other insurance maintained by, ce available for the benefit of, the Additional insured and the Vendor's policy shall he endorsed accordingly. 11, Z The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Governmont, Olt 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. ® Ott all certificates, the Certificate holder must read: Collier County Board of Commissioners, 3295 Tamiatni Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and,naintain 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. G G — 5l9122 Vendor's Itlsurntice.Acceptance By submission of the bid Vendor accepts and understands the irsurance 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 srtbmittcd must provide coverage for a minimum of six (6) months from the date of award. DATE (MMIOfNYYYYI CERTIFICATE OF LIABILITY INSURANCE 9129/2022 THIS CERTIFICATE IS ISSUED AS A MATTF� OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTII THE COVEPAG15 AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT RETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: IF the certificate holder Is an ADDITIONAL INSURED, the policy(Ees) must have ADDITIONAL INSURED provisions or be ondorsed. If SUBROGATION IS WAIVED, subject to the forms and condlllons of the policy, certaln pollOas may require an ondorsemenL A statement on this certificate does not confer rights to the certMoaltn hnldnr in Ilou of such endorsonlent a . PRPPUCER Hylant Group Inc - Ann Arbor 2d Frank Lloyd ft}ght Dr J4100 Ann Arbor MI 481U5 INSURED Dou las N, HIP Ins, Inc. 33VTravis Pointe, Suite A Ann Arbor MI 48108 aTd11ii-iQVIY h-L.; CI=I;TIrI GATE NUMBER: 4AS083633 REVISION NUMSFR. 352119 204" 20494 THIS,15 TO CERTIFY THAT THE POLICIES OF INSURANCI; LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INMCAT1=b. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Ori MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN I8 SU13JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES, t IMITS SHOWN MAY HAVE BEEN REDUOw BY PAID CLAIM$. L7 R TYPE OF INSURANCE POLICY UMBER M dfObY E YY MM PPY E P LIMITS D X cOMMERWALaBHERALLIABILITY U1061922047 41112022 01/2023 EACHOCCURRENCE 1D40000 CLAIMS -MADE 7 OCCUR P EM1S1:5 E occurs 5b00000 MEb E%Y one sraon 516 400 X tndconlraduet PERSONAL A ADV INJURY 57000000 OEN'LAGGREGATE LIMITAPPLIES r'EM GERERALAOoFtEOATE $2 000 000 PRODUCTS- GOMP1oPA3D- .$2,000,000 -- POLICY ❑ 7m 0 LOC OTHER: $ A AUTOMOBILE LIABILITY BLIA1081822031 411/2022 41112023 ee a©I P E Limir $ 1,000,000 BODILY INJURY (Pet potaoe) ANYALITC S BODILY INJURY (Pm mWdnn!) OWNED SCHEDULED AUTOSONLY AUTOS HIRED NON•OWNEI) AurasaNLY AUTOS ONLY I S - DAMAGE ° c o E j( UMBRELLALtAB X OCCUR U1051922050 411/2022 41t1z423 EACH OCCURRENCE $8.000,000 AGGRECIATC EXCEsa LIAo I I CI_AMMS-1MADE s s 9oa DaD DED I X I RETENTION $ E WORKERS COMPENSATION ANDEMPLOYERS' UAa[UTY ANYpp6PRIETCMPARTNER!EXECUTIVE —1 OFFICERIMEMSEREXCLUDED7 (Mandatory In NMI MIA V%C7012265571 4/1/2022 4/112023 x P • 07 E.L.EACHACCIDr-NT $1,000,000 51,006,099 E.L.OI5F.A6E-EAEMPLiOYEE E.L.g18EASE-POLICY LIMIT If ggee daacllha IO9arl IP ID OFOPERATICNSbelow _ 51,000,000 C, proloselanaU P441WIat 0312-79ra2 +111i2022 4/1/2023 2000,E Eadi i Claim DESCRIPTION OF OP15KATION91 LOCATIONS r VEI IICLES fAaORO 101, Additional Ramorks SchMJulti, ntay he ellaeHad Ir wore epaco le raRUIrodl Job - Underground Cortrsctor Servlces, *20-7800, Addlllonlrl Insured For General Llabllllyy, primary and non-eontrlbulory, ea requirod by Wrlden Contract - Colller Count Beard of Count Commissioners, Workers' Comppensatlon olio Ind udea Marillme Coveragge (Janes Act) In the Dmount of $110001000, Workers' Compensation policy Includes Longahara and Harbor Workers' �ornpenestion Act Coverage Endorsement WC000146A• HOLLER Calller County Board of County Commlasionors 3295 Tamlami Trail Faat NEaplas FL 34112 SHOULD ANY OF THE A13OVE DESCRIBED POLICIIwE t3E CANCELLED DEFORE THE EXPIRATION DATE: THEREOF, NOTICE WILL 13E U LIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • WY11:11Ii1-YUT4 AUUK1J L:LIKYUKAI IVIV. H1I rlgnts ru>•selvt,ts. ACORD 25 (2016103) The ACORD namo and logo are registered marks of ACORD (9 i1rcQL11'0n1011t Services Dlvislon >z(]l�tiJ � — coNi+LIC'I" oi� 11�'Ci;RL,S'C' ar�rm�►vrl' "The Vendor certificx 111n1, to (Ile befit ol, iLti knowledge mid belief, die past and cement ►York oil any Collior County Prnjeat aFfilinted with thi's wticita(ioll does 11411 page an organizational omillicl as dcsuribeel by ono of [hie lhl'cu ealcgoriGs be low; Binned Yrnund rules —The. 1"uin has not set (lie "ground rules" for nl'ftliatvd pawl or c1[rrenl C'ulliur cutlnly pro.lect Identified Mirive (e.p.., writing a proeurellient's ylatatncnt of work, xl7t(111[ntl❑nfi, ur 17c1'furining Rystems wigineeritig and leclulical [hrCClt❑tl lnl' Ilse 1i1'U6111'einelll) whiull appeal"; to s1mw the ontllpotition ill rav❑r of lily film- I1i11111I1•el( (IIf,ILctisih' —'fhu firm has not performod work oil an orfiliaWd pasl or ollrrcnl Collior C'nunty pra,jeut idenlificsi ahmfe to r�'alunte proposal, / l]nsl liurfvllllnnoc of itself or n competitor, which ca113 ilvo w: qution the eolz(taclor's ability to renilcl' irllp(lrtial advice to the goverli'llenl. l)ncquli) aCCC 8 141 Iilf(i1'lnntlnrl —11w. firm hits noi. had access to nonpublic information as part of its perfonllnlice of it Collier County pi'c�Jact identified above which may have provided (Ile Poll ll'll❑tor (or an affiliate) tvilh nu utlfnn' onmpatiIwc advanIngc in current of future soIioilalions tend cUtlll'rlcts. In addition to Ihls !;igned attidavil, Ills: Contractor / velldol' nlusl provide [lie fullo►t'ing: 1, All documents prodvead as a result of t1w wovk Completed ill the pam or currently being worked an I171' illC Ilb❑ve- montioned projecat; and.. 2. Indicato if the infol•malion produurd was obtained lis a tna lter or tiublio record (in Ilia "sunshine" or ilirough non- public, (not in the "sunshine") conversation (s), meeting(s), document(s) and/or What mends. failure to discloso all material or having an orgtlllizationnl conflict in one or mor❑ of [lie Vireo cut❑gories above be identified, may refiuh Ili the disgllillifioatian for fillell'e wlioilnliOus affiliatod with the above referonced projeat(s). By 1110 signtlture below, die firm (eimployces, officers and/or agonts) cerlities, had horift discloses, ibitt, to the best of their kiiowledge and belief, till relevaill facts concerning past, present, or ctliTenlly p1wined interest or nelivily (I -11111 ial, oontl'ncllt[d, 01'8nnizalional, or otheivise) which relates (❑ the projeal identified nb(1ve Ilan been frilly disclosed and ct❑e:s not pose nn orggnizotional aonnict. DoupLjas N. Higgins, itic_ nm17fl11]!�}Name %il �Sla tlll'G Print Nnnie nild'fitle State of-lichignil County of Was ll}nnw 'the forogoing inatsutnent was ackno►vledgGd bofave me by ntclinfi of pilyyiaul presence or ❑ online iinlarizi0ion, this 171h d,ty of June _ (month), 2022 (year), by(stains 1if person aelmowledging). — ► (Sigllnt r of Nolniy Public - Stint; of Wai:'scOMichigati DayW J. Wilkig _ - (Print,'I'ype, or Slamp Cominisliianod Narne of Nolialf Public) Personally Knowlt OR Produced Identifiontl❑n Personally K11=1 Type of Identil'iunlicn Produced iDAVIq J. WILKIE Notary Public, Michigan County of Washlenaw MY Opmm, Explres 051M0M024 0 Pracurnment Services Divislon FORM 10 — YENDOR DECLARATION STATEIVICNT BOARD OF COUNTY COMMISSIONMS Golhim. County Go1'crnnlCnt Catllplox Naples, f'lllrida 34112 Dear Colnrnimioncrsg Flit; LIItdw-%igued, tis Vendor dealnreti pant this rtJI) n9e is made willloul conricolion or armigelnant wish my olhal' 110P' 011 rllld this PI'OP0,991 19 In every respect fair and lnnde in good faith, w6111 tut c,ORUSi011 Or frllud, The Vendor hereby doollu•an Ilse instrtlulionx, put'uhase ordor lerma and aondilionK, rarluitelllenla, nllii 1:11oaiCinnlio»xl:lonp+ 01' %voek Of this solicitalian have Nun Fully mmined nod accupted. 'l'hc V+�ndor a�Zl•ees, if this tiuliaittititan aellnniltlll is act;epiad, to execute ll Collier County tloetlnlcut i'nr lllo purpnye nl' esuiblltihing a fornm] mitractual reintlonshlp betmen the firm mid Collwr COUnly, fill' the perlortnnnov of till reLjlllremenis to which the sellaltatloll perti1619. 'l'he Vull[t(}l maton that lhei xubmitted in Based upon Ow doollme17ts listed by the above Paferenced Sflllcimllon. Tut'ther, Ille vuldol' tlgmes that it S yluded +t contl'llet till'these goods and/or services, file vendor will not Ile eligille to compele, submit a proposill, be mvllydedt or purrilrnl Its 11 Hub- vemlor 1'ur Kny future Kxsoclnted IvIth n'ot'k 11111i id It resull ul' Mir Invarded cllnll':tct, CN wrrNLSS WI ILRI 01-,, WE Iinvo 1wrcunto subscribed our llllmw Lm Ihis 17}11 day of _ji,mr, Z012ill the Cminly or Wltshtetim , in the Stale of Njohi tsn 1 --. Finu's )legal Donnas N l•Iia ins,117e. Naha; ! Addre:l>t: 4495 Fuller prise City, Slate, Zip Nn ies, FL 34104 Code: Flolidrt 830666 Ceriinuette or Authority Dom mlent NumIlcr Federal Tax IdcntiI leatiun Number OVD92 *CCR tl or CAGE Code '�01113' if Grail/ rundud Telephone: )rliillal: Ic5vi1kie20t7t] rC�r dnhiaui�ls.eo_„",,,rn,�,.,^ _ , Siglmture by: (Typed cold wri ll t. n) Titla: Kelly, A- Wilkie, Vice PresiWout _-- 9 Addifinnlll Contact Information Send paymentk to: Douglas N. Higgins, Inc. (realuirod if dit'Cerent Company winie used as jmyatw Pion above) C'oatact name, Daniel Higczins _ --- Title: P. -sidetlt Address: 3390 Travis Paime Rd., Ste. A City, State, ZIP Ann Arbor. Nfl 48108 're iepimne: 734-996-9500 Office'lervieingCollier el485 , wer2rise 6 v�,-NanjgL F L 14104 County to place order's (required It di fulvlt from above) Contact namo: Milce Lobello Title: Ro ional Manager Ad&(r S$: 4485 Enterprise Ave, City, state, ZIf} Telepholle' 239-774-3130 Lmnil: MikeLRednhiggins.com Secondary contaoi for James Nelson, Superintendent lilis solicitation: 1 lllail: ArnmyNQc dnlli irsa.coB.W..`..i.�..— -- Phone: 239-253-3801 0 COUNTY MANAM11 OPERATIONS Prnaurnmalit SerVIwS VNI91011 FORM I[-IiwIAUGRA.TION AFFIDAVIT CERTFF [CATION Thiu Arfiditvil is t'equired and should be signed, notarized by an authat•ized p111101pnl of llte Brill gild subnnitled M111 formull solicilution wbiltittnls. FurllIff, Vendors nve required to bo eln'ollod ill Ilia E-Voril;)' program, and provide Itcaeptiible cvidetwu or their enrolImenl, at dic bone or the submission of the: Vundor's bid. Aaceptnlnle evidence ucsngists grit cur,' of Ilia propdrly completed E-Verify Cotnpl'Ily Profile: page or a copy of the fully eXeollterl F-Veril,Y Memornndum oC Underslanditng for the company which will be produced at Lhu time of the submission of the Vendor's bid at within five (5) day of the County's Nolice of Recolnnlend Award. r,AMIRIW TO EXECUTIa THIS AFFIDAVIT CERTIVICA'I'1U1V AND SIJP)1+IIT WITH VENDOR'S PROPOSALIBrD MAY DEEM ITIE irCNDOR NUN -RESPONSIVE, Collier Caunly will not intentionally nivnr(l County contracts 10 My Vendor who kaolwingly employs unauthorized alien workers, o011Slituling a 6)141iirrn oI• Ilia uniplaytolent provision conlnined in S U.S.C. Section 1324 n(c) Scction 274A(c) of the Initnigration and NationuliLy Au ("INA" ). Collier County may Consider the ennpinymont by any Vender of unnuthorized nlions a violation nr section 274A (el amine WA. Such Viota lioll by the reeipil:nL of the Clnployntstrli Provisions con Inincil in Seulion 27.1A (e) of the INA xltall he gt•offll& rol' tutilaternl terininalion of lho ronlrouL bj' Collier County. Vendor atlosts tliat they arc I`ully eomPllant. with all llpplionbla immtgratlo❑ latilpq (specifically Icy Ille 1996 InnnigrttLion hot stud subsuquenl Atnendmenl(,i)) that it is nwnrca or lold in colnlslialice with the w(luirelnents set rord) in Floridil. Slahiles §44E 0995 and agreas to comply with Iha pro vigion s ofthe Memorn ndtttrl of Understanding with E,Verify nttd to provide proof of enrollment in Tltc: Ltnploytnew Lligibilily Veril'iontion Sysleut (E,-Vcriry), operated [ v the Departttoent of Homeland Security in 11al-Iner.41lip will the Social Securill' Administration ill Illc little of subntis Zion of the volt Itn''s proposalhlid. Douglas N. FligginsIno. Caminnny Nnme 5ignatw•e Koll r A, Wilkic V,iop Pr9siclent Print N�tnte altd 'fill{`• State of �ejc1jipttn CratmU' of 1�Ltisll.lrnfnv 'rite raregoing instrument wus Lianuivledged hcrort: nic by means or 111'MC01 presence W, 0 online n(Altrization, Ihis - 17111 clay or,lunc (Irtunlh)• 2(122 (;Year). by K[AWilkie (tlittnc of Iic:lqun nl;knoovlcdging), Si lalurt<e Wary Public - 5trtieorWor-'sd:oM.ic:higan David 1, .)Yj •ie (Print, Type, or 81jillip C'ormnissioned Name of Notate Public) l'et'sc7nully Knotvn OR Produced 1&11(irIIC111101t PQ n DAVID J. WILKIE f'� Ile ol'ld Allytcnticn 1'roduecd Notary Public, Mlchlgan County of Waslttanaw My Comm. Explies 0512CV2024 ME 4 Company ID Number: 3648B2 To be accepted as a participant in E-Verify, you should only slgn the Employer's Section of the signature page. If you have any questions, contact E-Verify at t 88-464-4218. Employer Douglas N. Higgins, Inc. Suzanne Hawker ame (Please Typo 4r Pr1nt) f5fectraniciogy Signed TWO 1Oil 5l2010 Ignalure Date Department of Homeland Security — Verification Dirrlslon JSCIS Verification Division ame (Pleaso Type or Print) E.1actronically Signed Me 11011512010 Ignatura Date Information Required for the E-Verify Program nformation relating to your Company, coU)k92y Name, Douglas N, Higgins, Inc. Company Feelfity Address:3390 Travis Pointe Rd. Star A Ann Arbor, M148108 Company Alternate Address: County or parish: VVASHTENAW Employer Iden#Ificatlon Number: 130180776ti Page 12 of 13 1 r--Varlty MOU for Employer I RewWon Data 09101in9 www, d h s. g av1F-Ve rift' (a � ���� L'n�aol •F.a1t1111�X 4'gVll 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 X site? If yes, please provide the number of sites verified for in each State: MICHIt3AN 1 site(s) FLORIDA 3 site(s) Information relating to the Program Administrator(s) for your• Company on policy questions or operational problems; Name: I4elly A. Wilyde Telephone Number, (734) 996 , 9500 Fax Number: (734) 996 - 9480 &mail Address: kwigtlaai)Ulltgs ynhao.eo,n Nacre: R Suxnnae Hawlter Telephone Number: (734) 996 - 9500 Fax Number: (734) 996 � 8480 F,-mail Address: rSl1xw cer@ynhao.eam Page 13 of 13 1 E-Verity MOU for Employor I Revision Dake 00101109 www.dhs.gov/Ei-Verify a FORM 12 - BIDDERS CRECI{I.,IST PDIIM WI'AN' ; No bid shall be Considered unless it is made an unaltered Bid forms which are included to the Ridding Documenta, Please rend cnrefully, sign in the spaces indieated and return with your Bid, FAILURE TO PROVIDED THE BID DOCUMENT'S MAY BE GROUNDS m DEEM YOU NON -RESPONSIVE NON- RESPONSIRLE. Bidder should check off each of the lbllowing items as the necessary action is completed: I. The Bid has been signed. 2, The Bid prices offered have been reviewed. 3. The price extensions and totals havc been checked. 4, Bid Schedule has been completed and attached. S. Any required drawings, descriptive literature, etc% have been included. G. Any delivery information required is included, 7. The following on-line standard documents have been reviewed and accepted in BidSyna: it. Construction bid instructions form b. Construction services agreement c, Purchase order terms and cmnditiolis 8, All of the following hid forms have been completed and signed: n. Bid Form (Form t) b, Contractors Ivey Personnel (Form 2) o, Material Manufnctumrs (Form 3) d, List of Major Subcontractors (Form 4) e, Statement of Experience (Forun 5) f. Trench Safety Act (Form G) g, Bid Bond Form (Form 7) h, Insurance and Bonding Requirements (i-orm 8) i, Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (form 10) lc. Immigration Law Affidavit Cetiiflcation (Form 11) M1JST be signed and attached with your submittal. 1, Signed Grant Provisions and Assurances packngc in its entirely, if applicable, are executed and should be included witli your submittal. Copies of requircd information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's F-Veri fy profile page nr memorandum of undorstanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz,org) d. Any required professional licenses valid and current (myf1nridaliccnse.com) (ie: General Contractors license, Under'grmund Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested andlor required.) e. Vendor W-9 Form 10, If required, the amount of Bid bond has been checked, and the Bid bond or cashier's clieck loss been submitted, 11. Any addenda have been signed and aukaowledgemont form attached and included. 12. The Bid will be uploaded in time to be received no later thorn the specified opening date and time, otherwise the 131d cannot be considered. I■ �C 0 LL LL. 0 Ln z 0 E� LLI z 0 Lo m I w CL 0 z LU � f z ti+ I LL 0 I-, z LLI ry CL LLJ n EY 14 0 0 Q z (A z re, L —� u lam• a.� j- � i z 0 Q I.0 LU D J W .z LLI W L2 V) LEI itb�: I r J 0 9 FL 0 C u J Q A sv 0 VI laJ N L1 Q LA 0 0 COLLIER COUNTY BUSINESS TAX 13USINESS TAX NUMBER: 000464 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252.2477 VISIT OUR WEBSITE AT. www,coillartaxoolleclor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2022 LOCATION, 4485 ENTERPRISE AVE ZONED: INOL)STRIAL LIC 1541 BUSINESS PHONE: 774-3130 STATE OR COUNTY LIC 4i CG C060189 1-10 EMPLOYEES CLASSIFICATION; 05-GENERAL CONTRACTOR CLASSIFICATION CODE. 0510010/ r` C 11770`. VIAL FORM%-% Corporatl rr 94 ibr �� This document is a business laxoniy, This Is not cerllht�l2t calion lio II sloes not permit the Foensee to ulolate any existing regulatory zoning ss nor does it exempt tha lirensea from any olhor taxes or permits that maybe DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO $0 IS CONTRARY TO LOCAL LAWS. DOUGLAS N. HIGGINS, INC IGCINS, DANIEL 14 485 ENTERPRISE AVE APLES, FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 07Q2l2021 AMOUNT 18,00 RECEIPT 500-22-00073991 W,60vPi"e-I r (0 W=, t Req4Q eu� fe3 y 1Ta9L��11�31�Jefry 01vo Form to the �t dd�.°ntificatl n Nri�mbeir and Coif411fl{�'atll�Ui( To roqueator. Do riot ;Rov.00tobor2018) popsrlmsninl ilia Treaaufy solid tothe ins. Internal Revenue Sarylae P qo to w,vww.1rs.gov1F6rrnW8 for Instruatlons pnd the latest Inforritotlott. f Name (n shcwn on your Income tax return), ame is required on We line; do not leave this line hlank. Douglas N.Mgglns Inc, 2 Business name/dlcragarded anllly name, If dllfornnt from above (u 3 Gheols appropriate hex for federal tax elaaeification of the person whose narna Is antafed un line 1. Check only one of tha 4 Exemption (codas apply only to tollawlnp seven boxes. carlaln anikllea, not Individuals; sea Insinmilons on page S); a ❑ IlidividuaVaole propHoloror ® C Carparatl❑n p 8 CorporaBon ❑ Portnonhip ❑ Truol/eatato single -member LLO Exempt payed cone (11 any) p Limited liability dompany. Enterths kax clnsallloatlon (CRC per oratlon, 8-8 car aratlon, P-Partnornht P q Note: Check the appropriate box In the line above for the lax claaslflcatfon of the aingla•mombor owner. 00 not check Exemption from FATOA reporting G LLC It the LLu is claeelhad as it aingle-member L.LG that Is dleragerded horn the owner unless the owner of tho LLC is code (11 any) another LLC Ihgt Is not dfaregardad from Iha owner for U.S. federal tax purposes. otherwise, a aingle-member LLO that fu Is dlaragarded from the owner should cllael( the apprapllate box for tha lax clagsifICE100n of Its owner. Other (son Inalfurllone 1- t4 pw1601ecovnlsMAb1l4fpedwf11d4' h40,84 y 5 Addrose (number, stroat, and apt, or suits no.) Sao halmotions. Raquesiuf'e name and addrose (opilonat 3390 Travis Pointe Rd., Ste. A 4 Oily, alAtn, and ZIP coda Asti Arbor MI48]09 7 Llr;k nornunt number(®) hero (optional) ElttOT your TIN In the appropelate box, The TIN provided must match the name given on line i to avoid bacliup Withholding. For Individuals, this Is generaify your soviet ssaurlty number (SSN). However, for a resident alien, solo proprietor, or disregarded entity, sea the Instructions for Part 1, later. For other entltlea, it Is youremploysr Idontiflcallon number (EIN), if you do not have a number, see Flow togot a I soclal security number - I TIN, later. Note. if the aaoaunt Is in more than one name, see the Instructions for line 1. Also soe What IY&ne qnd Number To Glve the Requmfor for guldelines on whose number to enter. or employer ideritlftcatlon number 1 t o® ° Certification Under pannAl0s of parfuty, I CArtlty that! f. The number shown on this form is my correct taxpayer Identiflcatlon number (or I am waiting for a number to be lasued to me): and 2. I am not subject to backup withholding because! (a) I am exempt frolrt baol(up withholding, or (b) I have not been notliad by the Internal ReVOnUo selvice (IFIS) that I am subjeot to haol(up withholding as a result of a failure to report all Interest or dividends, or (o) the IRS has notified me that I am no longer subject to bacl(up withholding; and 3. 1 am a U.S. citizen or other U3. person (defined below); and h. The FATCA code(q) entered oh this form Qf any) Indicating that I am exempt from FATCA reporting Is torrent, Certification Instruotlans. You must cross oLlt Item 2 above It you nave bnon notlfled by the IRS that you arerur►enily subject to backup withholding betauso you havefatlgd to report all interest and dividends on your lax return. For real estate tmnsactlons, Item 2 does not apply. For mortgage Interest paid, acqulslllon or ahnndonmant of securad property, cancalfellon of debt, oontrlhutbris to do fndhrldual retirement arrang❑Mont IIRA), and generally, paymante otherihan Interest and dividends, you are not required to slgn the certlftoatfon, but you must provide your correct TIN, See the inslrucilrons for Pori II, later, Sign Mgnalureaf f Het'e U.S. parson It, -mil. . Data R 4/�/ 2 enamel InstrucUons Section references are to the Internal Revenue Code unless otherwise noted, Future daveloplments. For the latest Information about developments related to Form W-9 and Its Irstruotlons, such as legislation anaatud after they were publfshad, go to www.lrs.gov1FormW9. Purpose of Form An Indlvldual or entity (Form W-9 requester) who In requfrod to ills an Information return with the IRS must obtain your correct taxpayer Identllicatlon rumber (TIN) which may be your social security number (5SN), Individual taxpayertdantiftcatfon number(ITIN), adoption toxpayerldentification number (A%I , or employer Idantitleatfon number (EIN), to report on an Ihformallon return the amount paid to you, or olhor (amount roportabla on an Information return. Examplea of Infvrm4tlon returns Include, but are not limited to. the following. o Form i 009-INT (interest earned or paid} a Form 1099-DIV (dividends, Including those from stooks or mutual funds) ° Form io9g-MISG (various types of Inoorrter prizes, awards, or gross proceeds) b Farm 1099-B (stork or mutual fund sales and ofirtaln otheer transactions by brolmrs) C Form 1099 s (proceacisfrom real estate transacilons) a I -arm 1099-K (merchant card nrid third party network transar:llons) 4 Form inga (home monrdage Interest), IQSB-E (student loan Interest), 1098-7 (tultion) 4 Form 1099-0 (canceled debt) o Form 1009-A (00qulsllion or abandonment at Secured proporly) Use Form W-9 only If you are a U,S, person (Inefuding a resident oligr), to provide your corrort TIN. If you do not return Form W-9 to rho requester with a Tit% gnu fnfght be sublarrt tp backup withholding. See What Is backup withholding, later. TM Car. No. 10231 X form W-9 (Ray, 10-291 e) City of Naples 22-023 South Lalce i]rlve utility Improvements - ITS r 48�,} S, gateDepaphneilld ol'Sgate I certify froin the records of this office that DOUGLAS N. I IIGGINS 1-NC. 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 t1irough December 31, 2022, that its most recent annual report/uniform business report was filed on Januany 4, 2022, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given render my 11and rind the Great Seal of th e State of Por•[da rit Tallahassee, the Capital, this the Fourth day of.1'aymmy, 2022 S`ecta�trrr;�t a�``�'ttt��� Th-ackk<g Number- TD nothauticate this opt tiflpstte,vlsit flip following site,enter this number, and OWN fallow the instructions displayed. lyttpe;llsetvieeu,suttkrlr„nr•gll+'iC3ngsJCertiGcatpOi�tntusJCerli ficatcAutliantic>,tinn EXHIBIT A-3; CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name James Nelson Personnel Category Construction Superintendent Michael Lobello Project Manager 10 Construction Services Agreement: [2422_uer,3] OCNO THE HARTFORD Hartford Accident and Indemnity Company 5445 Corporate Drive Suite 300 Troy, MI 48098 August 01, 2022 The Board of County Commissioners of Collier County, FL 3295 Tamiami Trail East Suite C-2 Naples, FL 34112 RE: Douglas N. Higgins, Inc. Project: 22-8002 "NRWTP North and South Bleach Piping Replacement Bond Number: 35BCSAQ4406 To Whom It May Concern: Hartford Accident and Indemnity Company approves the request for the Owner, The Board of County Commissioners of Collier County, FL to insert the Contract Date into the Public Performance Bond and Public Payment Bond for the captioned. Please contact me at (248) 822-6451 or mark.mulville@thehartford.com if you have any questions. Sincerely, Mark J. Mulville, CPCU Executive Underwriter Hartford Accident and Indemnity Company EXHIBIT B-1- PUBLIC PAYMENT BOND ITB# 22-8002 Bond No. 35BCSAQ4406 Contract No. 22-8002 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hartford Accident and Indemnity Company as Surety, located at One Har-tford Plaza Hartford, CT 06155 {Business Address} are held and firmly bound toTheBoard ofcoLtntyCommissioners of Collier County, rLas Obligee in the sum of Nine Hundred Fifty -Seven Thousand Threee 1�- undXed Eighty($ 957,380.00 _— ) far 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 with Obligee for 22-8002 NRWTP North and South Bleach PiEinE Replacement 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(l), 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 ❑biigation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of August 20 22 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. tT Construction Services Agreement: [2022_ver.3] Signed, seated and delivered in the presence of: �� aW F VV n4sses as o Principal STATE OF Michigan COUNTY OF Was tenaw PRINCIPAL Douglas N. Higgins, Inc. BY: "Aq/ a, ativ:" _. NAME: Kelly'A. Wilkie ITS: Vice -President The foregoing instrument was acknowledged before me by means of IN physical presence or ❑ online notarization, this 181. day of August 2022 by Kelly A. Wilkie as Vice -President of Douglas N. Higgins, Inc. a Michigan _ corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known I as identification and did (did not) take an oath. My Commission Expires: 05/2W2024 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Si�fiature& f Notary Public) David T. Wilkie DAVID J. WILKIE NAME: Notary Public, Michigan County of) shtenaw (Legibly Printed�y C°mm. Expires 05/20/2024 Notary Public, State of Commission No.: N/A SURETY: ;Michigan Hartford Accident and Indemnity Company (Printed Name) One Hartford Plaza Hartford. CT 06115 (Business Address (Authorized Signature) (Printed Name) 12 Cons[ruclion Services Agreement (2022_ver.31 Ryan Foley Sne- 1, a G,let \,t,`�� STATE OF Florida COUNTY OF Stjohns ol( As Attorney in Fact Attach Power of Al Theresa J Foley, Attornt (Printed Name) One Hartford Plaza (Business Address) (567) 318-3843 (Telephone Number) The foregoing instrument was acknowledged before me by means of X] physical presence or ❑ online notarization, this 1st day of August 20 22 by Theresa J Foley as Attorney -In -Fact of Hartford Accident and Indemnity Company behalf of the corporation. He/she is Florida Driver's License a Connecticut personally known to me O as identification corporation, on R has produced and did (did not) take an oath. My Commission Expires: (Signature o otary Public) Ukd QAWN MRRIE BAitO�l Conxnisaion # HH 190015Name:o:' Expiress�ober24,2025Printed•.q%n�� BmW TW Troy Fein Mrwmat8F 4i7019 (Legibly (AFFIX OFFICIAL. SEAL) Notary Public, State f: Florida Commission No.: 13 Construction Services Agreement: 12022_ver.3] EXHIBIT S-2: PUBLIC PERFORMANCE BOND ITB# 22-8002 Bond No. 35BCSAQ4406 Contract No. 22-8002 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc, as Principal, and Hartford Accident and Indemnity Company as Surety, located at One Hartford Plaza Hartford, CT 06155 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL as ❑biigee in the sum of Nine Hundred Fifty -Seven Thousand Three Hundred Eighty ($ 957,380.00 ) 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 with Obligee for 22 8002 NRWTP North and South Bleach Piping Replacement 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: 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 d❑ 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. 14 Conshuctian Services Agreement: 12022_ver.3] IN WITNESS WHEREOF, the above parties have executed this instrument this Ist day of August , 2022 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of; PRINCIPAL �•�.—� Douglas N. Higgins, Inc. BY: C f Witn ses as t Principal NAME: Kelly A. Wilkild ITS: Vice -President STATE OF Michigan COUNTY OF Washtenaw The foregoing instrument was acknowledged before me by means of IN physical presence or ❑ online notarization, this 1st day of August 20 22 by KellvA. Wilkie , aS Vice -President of Douglas N. Higgins, Inc. a Michigan corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known f as identification and did (did not) take an oath. (- My Commission Expires: 05/20/2024 (AFFIX OFFICIAL SEAL) (Signatur"f Notary Public) 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 M2024 15 Conslruction Services Agreement: {2022_ver.3] ATTEST: Witnesses as to Surety �-{:� �(') Ryan Foley I nesses BeA n J STATE OF Florida COUNTY OF 5t Johns SURETY: Hartford Accident and Indemnity Company (Printed Name) One Hartford Plaza Hartford QT n671,5 (Business Address) (Authorized Signature) rinted Name} OR As A rney in Fact ach Power of Atto ney) Theresa J Foley, Attorney-1 -Fact (Printed Name) 24 Frank Lloyd Wright Drive Ann Arbor, Ml 48105-9484 (Business Address) (567) 318-3843 (Telephone Number) The foregoing instrument was acknowledged before me by means of tJ physical presence or ❑ online notarization, this tst day of August 20 22 by Theresa J Foley as Attorney -In -Fact of Hartford Accident and Indemni d-Mpany Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced Florida Driver's License as identification and did (did not) take an oath My Commission Expi _ W,, DAWk MARIE WON ,. Carnrrrl WW # IW 190315 Expire DdoW 24, 20Z5 sx „ *+��'; L3oneed Ttru Troq Fain lrmnrnce ti00-38�Tfl1ti (AFFIX OFFICIAL SEAL) (Sign-M-gre of Notary Publib) {Legibly Printed} Notary Public, Stat of: Florida Commission No.: 16 Construction Services Agreement: [2022_ver.3] Direct InquirieslClaims to: THE HARTFORD POWER OF ATTORNEY Hartford, Conine t cPlaza u 06155 Bon d.0 la imsotheha rtf o rd. ca m call: 888.266.3488 of fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INCITROY A enc Code: 3 5- 3 515 8 8 Hartford Fire Insurance Company, a corporation duly organized under the la%rvs of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the Ia�tis of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the Iaws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws nrthe State ofIIIinois Hartford Insurance Company of the Midwest, a corporation duly organized under the lags of the State of Indiana Hartford Insurance Company of the Southeast, a corporation dul) 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, Theresa J. Foley, Nicholas R Hylant, Jennifer A. Jarosz, Jamie Laurencelle, Saraya S. Nair, Kristie A. Pudvan, Judy K. Wilson, Kathy S Zack of TROY, Michigan 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(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 seats 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. 9 �'■` `r'ry `.�,...�•.:., ; Loa r _�- f: r`���'`9'y"e%,4� . r Shelby Wiggins, Assistant Secretary Jcelle L. La Pierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle 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. _ �(Ciccone sty C'ulnmission I i I 1 I2_2280 Expires June 20- N-" I, the undersigned, Assistant Vice President of the Companies, ❑O 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 August 01, 2022 Signed and sealed in Lake Mary, Florida. F �� � - -- �' •`,. ,.K �,+. + ■■Ylay � - ra � :5► r�.7� 3 Ip77 Keith D. ❑ozois. Assistant Vice President p'ORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR DID MAY BE DEEMED NON-RLSPONSIVEINON- IRESPONISBLE I4NOW ALL MEN BY 'mm, PRESENTS, that we DouglasN. I-rgeins.Inc. _ (herein after called the Principal) and ITart%rd Accident &Indemni1y Co, , (heroin culled the Surety), a corporation charlered and existing under the laws of the State of CT with its principal offices in the city of_ Hoford ^ _ and authorized to do business in the State of FL _ are held and firmly bound unto the Colliar Counlc i Boaid of Quoty Commissioners _ (hereinafter called the Owner), in the full and just sum of Five Vercent Qfthc att a ed bid dollars (:S 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No,22-8002 NCWRI+ North and South Bleach Piping Replacement NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL, and the PRINCIPAL shall enter into the required Agreement with the Owner aild 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 ContractOocuments with good and sufficient surety forthe falthful performanceof the Agreement, and for the prompt payment of labor, materials and supplies furnishrcl in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such band or bonds, and deliver to Owner the required certiricates of insurance, ifthe PRINCIPAL shall pay to the OBLIGEE the fixed sum of $_J%_Qf_1ttAche4noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligatinn shall be null and void, otherwise to remain in fiiII force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed,this 17th day of Juno , 2M22, Douglas N. Higgins_ Inc. _ Principal BY ', lf= 6 G i . I U,.L(Baal) Ice Hartford Acaldeni 8 Indernnlly LIBe M. Whot, Attorneyln•FaaT.-•Ft: Nor1•Res4ani Llosnee No. palraa2 Countersigned WA Surety (Seal) Appointed Producing Agent for �I,ytant ern► p, 24 Frank I.In,�ghtDr.,� O. F3nx 341, Suite J4 lit), Ann Arbor, ML 48106 ncxo Direct fnquirfeslolai its to: THE HARTFORD POWEROF ATTORNEY 6ONt)oGticOne Hartford Plaza Hartford, Cannecticut081S8 l3ond. clalmr,9the h artf ord.com call; 88B-266-348B or fax: 860-757-683B KNOW ALL PEI1SONS 13Y THESE; PRESENTS THAT: Agency Name: HYLANT GROUP INC Apericy Codes : 35-351688 35,350861 01-161273 Hartford Fire Insurance Company, A corporation duly argarllzed under the laws of the Stale of Connecticut Hartford Casualty Insurance Company, A corporation duly organized under the taws orthe Slate of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws oftlwo Slate ofConncsticul Q Hartford Underwriters Insurance Company, a corporation dirty organized wider tho In1YS of tlra State of Connecticut Twin City Fire insurance Company, a corponrtion duly organized under the laws of the Slate of lawdinaa 0 Hanford Insurance Company of Illinois, it corporation duly organized under the laws 0171.110 Slate orltlinois Hartford Insurance Company of the Midwest, a corporation duly organized tinfler the lows of the Stale of Indiana Hartford Insurance Company of the Southeast, u wi-puration duly organized under the laws orthe State of Florida having their home office In Hartford Connecticut, (hereinafter collecllvely referred to as the "Companles'5 do hereby make, constitLla and appoint, up to fho antount of unllmlfed: Susan E. Purd, Wolof S. duncan, Mlchael M. Mylant, Janife Laurencelle, KrrsDe A. Pudvan, Lisa M, Wilmot,Judy K. Wilson, Kathy 5 Zack, turd Mahakian their true and lawful Altorney(s)-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 ®, 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 persona, 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 an May 23, 2018 the Companies have caused these presents to be signed by Its Assistant Vice President and its corporate seals to be hereto affixed, duly allested by Its Assistant Secretary. Further, pursuant to Reaolutlon of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mochanlcatly applied slgnatures applied to this Power of Attorney. 1 ti,cr,4, � 1`a'ka k R ,,�M : ier.yrnrl � *9 � r 4 �q}rgire Ira +�� • ;��, ��nnr'r,lrJi` +tales*�� �y-3! tl 4�� �`! tl 74 � f 479 Shelby Wiggins, Assistant Secretary Joelle 91�Polf.ssistant Vice President STATE OF FLORIDA SS, Lake Mary COUNTY OF SEMINOLE an this 20th day of May, 2021. before me personally came Joelle L. LaPiorre, to me known, who being by me duly sworn, did depose and say: that (s)he realdes In Seminole County, State or Florida; that (9)he is the Assistant Vice President of the Companies, the corporations described In and which executed the above Instrument; that (a)hs 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 thel (s)he signed hislher name thereto by ilke authority. -ham ,FY4 ��. 1L'aSiCh {'.ICtlGae My Commission HF3 122280 Expires hlno 20, 2025 1, the undersigned, AssistaM 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 June 17, 2022 Signed and seated in Lake Mary, Florida. YTI , t14 , (7�O � ~ � T.��,suu�,r���" finerS ,,�u�,erP�°MRag ,idµr,,rr -a � y�'' ���,ftl 91i,j�,� r4 prhwd � yiaR 4•� �t'i,,}� x9?40 r; t •r yr�..+-�`5f A�AI7M1Y� M1�41Y 5Ct'{ .. Z 1- . w'e �rq -e4 Keith D. ❑ozols, Assistant Vice Pfesident P0 EXHIBIT 13-3: 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 numberlcontract 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 Canstructlan Services Agreement: 12022_ver.31 Contractor under this Agreement or any other agreement between the County and Contractor. The County shalt 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 (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreemenl' [2022 ver.3}. _ _ Collier County Florida Insurance and Bonding Requirements insurance 1 Bond Type Required Limits 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 Sale Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at htt s•ll .Hdfs.coni/bocexem 2. ® Employer's Liability T_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the S1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily injury current ISO form Liability and Property Damage [.lability. The General Aggregate Limit Shall be endorsed to apply per project. This shail 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 ContractorlVendor in the performance of this Agreement. 5. ® Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage. OwnedlNon-ownedlHired; Automobile Included 5. ® Othcr insurance as ❑ Watercraft $ Per Occurrence noted: © United States Longshoreman's and I-larborworker's Act coverage shall be maintained where applicable to the completion ofthe work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to fhe completion of the work. S Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability 3 Per claim & in the aggregate ❑ Project Professiotnal Liability $ Per Occurrence ❑ Valuable Papers Insurance $� Per Occurrence © Cyber Liability �+� Per Occurrence ❑ Technology Errors & Omissions 5 Per Occurrence 7. Z Bid band 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 suns equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners an a batik or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, 8. Z 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 Sweet, New York, New York 10038. 9, Z 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, DR Collier County. 'rhe Certificates of Insurance musk 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. 0 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 — 519122 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specilications and that the evidence of insurability may he 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. 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 Coiner 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 filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No Witness Witness STATE OF COUNTY OF CONTRACTOR F-10 ITS: President DATE: [Corporate Seal] The foragoing Instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this day of 1. 20_, by i as on behalf of the My Commission Expires: (AFFIX OFFICIAL SEAL) of , a — corporation. He/she is personally known to me OR as identification and dill (did not) take er] oath, (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.; _ corporation. has produced 19 Construction Services Agreement: 12022_ver.31 N3 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Rid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Application Date: Rep rose ntative: Name Contractor's Name & payment 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 @5% through $ Retainage @ 5% through [Insert $ Insert Datel date Retainage @ _% $ Less Retainage $ after Insert date Total Earned Less Retainage $ __ Less previous payment(s)w _J $ Percent Work Completed % AMOUNT DUE THIS to Date: APPLICATION: Percent Contract Time % Cam Ieted 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 appiled 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. ontrat:tor's Name Contractor's Signature: Data: Type Title: Shall be signed by an authorized representative of tho Contractor. ht to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by., Professional's Name: ure: rwner's Date: nt to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b ; Project Manager Name: ignature: Date'. 20 Consiniclion Services Agreement: [2022_ver.3] EXHIBIT D lCoakWodj SCHEDULE OF VALUES Prolool NRmo: Project Number, bate; Period To: ITEM NUMBER DESCPJP'nON SCHEDUL® VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETEO L STORED TO DATE PFJtCENT COMPLETE BALANCE TonNiSH 5% RETAINAGE _56 RETAINACE I,.aue.a r.1.1 TOTAL RETAINAGE WITHHELD PREviou$ APPLICA110NS THIS PERIOD 'I'HRII DATE SINCE DATE TOTALS " Explanation for the two columns under Previous Applications: The Thou Dale Is where you will place all Information until the contract Is complete unless a release or reduction of retainage issue comes Into play. if this happens, all Information up to the date of the % change In retainagE is placed in the Thru bate column. Information after that date is placed In the Since Date column. This states what has happened since the change in retainage. Construction Services Agreement: [2022_ver.3] Exhibit D (Continued) Stared Materials Record Formula: A+ B- C- D= E -- A B C D B Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement: (2022—ver.31 EXHIBIT E: CHANGE ORDER C ler County PrOCLIremCrit Services Change Order Form ❑ Contract Modification ❑ Work Order Modification Contract R: Change #:1771 Purchaso Grder IJ:� �.— Project M: ContractorfFirm Name! ContractlPrajact: Project Manager Name: Division Name: Original ContraellWork Order Amount ❑dginal BCC Approval Da W Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item # Current ContraclfWark OrderAmount 5Al Contract Expiration Date (Master) Collar Amount of this Change #01VI01 Total Change from Original Amount Revised Contract/Work Order Total $ 0,01) #PIVIOI Change from Current BCC Approved Amount Cumulative Chan vs $ 0.00 #DIVIOII Change from Current Amount Completion [late, Description of the Taak(a) Change, and Nationale for the Change Notice to proceed Original -] Last Approved Revised Oate Date Completion pate Dale (lnCludas this change) # of Days Added Select Tasks © Add new task(s) ❑ Dolole task(s) ❑ Change task(a) ❑ Other Provide a response to the Following: 1.) detailed and specific explonatlonfrationaie of the requested change(s) to the task(s) and I or the additional days added (If requested); 2.) why this change was not included in the original contract; and,1. describe the Impact r this change Is not processed. Attam acatunnal Iniormauon irom ine ueslgn i roresslonai anwar wanzracuar n neeueu, Prepared by: Date: (Project Manager Name and Division) Acceptance of thle Change Order shall constitute a modification to conlracl Iwork orderidenlified above and will be subject tc all the some terms and conditions as Contained Ir the contract) work order Indlcaled above, as fully as If the same were stated In this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlementof any and all claims of the Contraclor 1 Vendor f Consultant f Daslgn ProfeBSIGn81 arising out of or Watod 10 the change set forth herein. Including claims for Impact and delay coats. Accepted by: Date:! (Conlfactcr I Vendor 1 Consultant 1 Design Professional end Name of Fl(M. H projeol applicable) Accepted by, Date: (design Professional and Name of Firm, If project applicable) Approved by: Date: (Division Director or Ooslgnee) Approved by: flats: (Procurement Peofessionei) Rev,+ed a 1714QU1 (i N,niont NrhO may Wilo,A artdillonaI may usrinrin fin t8parate 811e41,} WOURWELVT USE ONLY +,IMFA PrG UDC rI 23 Construellon Services Agreement: 12022_ver-3] Change Order/Amendment Summary CO# AMD# Descrlption COST TIME Justification Additive Deductive Lia Added New Amount + Revised: 0111412021 (Divisions who may require a0diLonal signatures may include on separate silent) PNgCurterWW u#Fr ONLY AdMi Ppl 6CC es 24 Construction Services Agreement: [2022_ver.31 OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date 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 T 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: 25 Construction Services Agrooment. [2422_ver. U-10 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 20 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on _ 120 By: OWNER Type Name and Title 26 Construcllon Services Agreement: [2022_ver,3]_ (C N) EXHIBIT G: FINAL. PAYMENT CHECKLIST Bid No. Project No.: PO No.: Date: 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: 5. 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 _ R 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: By Design Professional: By Owner, Company game) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Unstw0i)n Services Agreement: 12022_ver.31 EXHIBIT H. GENERAL TERMS AND CONDITIONS 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 ❑r 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 ❑r 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. 20 Construction Services Agreement: 12022_ver.3] 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 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 Consrrudlon Services Agreement: [2022—ver.3] I. PC 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 D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 43 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 F.S., the Project Manager, or Design Professional, shall elther: (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 Agrearnent: [2422_ver 3) 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. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4Z 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-31 5, PAYMENTS WITHHELD, 5.1 The Project Manager may decllne 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, ❑wner shall not be required t❑ 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. 5A If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6A Owner shall make final payment to Contractor in accordance with Section 218335, 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 �2 Construction Services Agreemerwt: (2022_ve0l Pw 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, 7. SUBMITTALS AND SUBSTITUTIONS, 7 1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of, a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated In or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow 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. 33 GOPSlruclinn Services Agreement: t2022_ver.31 i",tip 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional, No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute_ a. DAILY REPORTS, SIGNED AND SEALED AS-BUII-TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the Following: 8,1,1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8,1,3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 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 34 Construction Servlces Agreement: [2022 ver.3t _ (' ' l } made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clear~ and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -guilt" 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 -guilt" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(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 Temiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 262-8999 Email: PublicRecordRequest(&colliercountyfl•_goy_ 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 cast 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 35 Construction Services Agreement: 12022_ver.3] 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. 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 "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 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. 36 Construction Services Agreement: [2022 ver.3] — 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time 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 amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or stab -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 AN❑ DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents, The term "Claim" also includes other disputes and matters in question between Owner and 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 37 Construction Services Agreement, [2022_ver-31 _ the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4, 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim_ 12. OTHER WORK. 12A 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 wilt constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13A 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 3B Conslructlon Services Agreement: [2022_ver31 f any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations, 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in 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 under Exhibit B-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 stipulation that it is fully responsibie for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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 (1TB) and Request for Proposals (Rr'P) 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. $9 Construdbn Services Agreement; 12022 ver.31 If the Bidder/Contractor does not comply with providing both the acceptable E-Verif evidence and the executed affidavit the bidder's ! Contractor's proposal may be deemed non- responsive, Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http:l/www,dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm($) 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 seMc . and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15, CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16.1 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 park thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner, 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Servlces Agreement' 12022_ver.31 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the {performance of the Work. 18. TERMINATION FOR DEFAULT. 18A Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). if Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18A The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and fosses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 41 Construction Servites Agreement' [2022_ver.3] or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below_ 18.6 In the event (1) 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, T1=RMINATION 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 42 Construction Services Agreement: 12022 ver.3] 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 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 to final payment. (4) Receipt of the final payment check list. (5) if required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 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 ❑ocuments 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 43 Construction Services /•Agreement: 12022_ver,31 00.0 expense_ These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shalt provide Project Managerwith 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. 22A 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. 22,8 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, 44 Construction Services Agreement: 12022_ver.31 (L W" Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment, If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so_ Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Construdlon Services Agreement; t2022_ver.31 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 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit 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 5.13, for services not rendered. 25. PROTECTION OF WORK. 25A 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 49 Construction Services Agreemeft I2022_ver.31 OCA0 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 2B. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property atthe 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 owne7 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 ali 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. 47 Construction Services Agreement: [2022_ver3] Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred, All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer, All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28A 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,E 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; 49 Construction Services Agreement: [2022_ver.31 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time_ 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional, The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager, 30, VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 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 andlor 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; 49 Construction Services Agreement: t2022 ver.3l r 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to ail 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. Ail 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. sa Construction Services Agreemeni: [2022_ver.31 - 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. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work, 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound_ Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 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 51 Construction Services Agreement: [2422_ver.3] C,1�41 price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Lach 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, ali 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 A Equipment PurchaselDelivery togs 34,1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34,13 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 PWS 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 ❑esign Professional or their designees for reference, review or copying. 52 Construclion $ervlces Agreement: [2022_ver.31 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 36, 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 shall 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 other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 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 Division via e-mail (DL-FMOPSgcollieroountyfl:oo_v) 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. CCSC 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 for VE at the discretion of the County. 53 conalruolion Servlcea Agreement: [2022_ver.31 — 38. ABOVIE=GROUNDJUNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A; FDLP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API 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 1 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 shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of 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: t2422_ver,31 - EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page ® Not Applicable 55 Construction 5ervires Agreement' [2522_ver_3] �Aj(')).