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Agenda 10/25/2022 Item #11A (To provide reliable, sustainable and regulatory compliant services to customers along 105th and 106th Avenue North in the Naples Park neighborhood by replacing the water, wastewater and stormwater infrastructure)10/25/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal,” to Douglas N. Higgins Inc., in the amount of $16,806,410.00, authorize the Chairman to sign the attached Agreement, and authorize the necessary budget amendment. (Companion to item 11B) OBJECTIVE: To provide reliable, sustainable, and regulatory compliant services to customers along 105th and 106th Avenue North in the Naples Park neighborhood by replacing the water, wastewater, and stormwater infrastructure in coordination with the Wastewater Basin 101 Program. CONSIDERATIONS: The proposed scope of work under Project Number 60139, “Naples Park Stormwater Improvements,” is consistent with the Stormwater Five-year Work Program of the 2021 Stormwater Management Annual Update Inventory Review (AUIR) / CIE approved by the Board on November 9, 2021, and with the goals, objectives and policies of the Conservation and Coastal Management Element and the Stormwater Management Sub-Element of the Growth Management Plan. The proposed scope of work under Project Number 70120, “Naples Park Area Basin Optimization,” is consistent with the FY2022 Budget approved by the Board on September 23, 2021. The Wastewater Basin 101 Program represents substantially similar construction activities throughout the area located north of Vanderbilt Beach Road, west of U.S. 41, south of 111th Street, and along Vanderbilt Drive from 111th Avenue north to Wiggins Pass Road. In areas of Basin 101 where water and stormwater projects were coincident with wastewater projects, the Public Utilities and Growth Management Departments sought to combine scopes into one construction project that will reduce construction costs and avoid multiple disturbances in the neighborhood. Similar projects on 95th, 96th, 107th, 108th, 109th, and 110th Avenues have already been successfully completed. The combined scope of the 105th and 106th Avenues Public Utility Renewal Project (the “Project”) includes replacing and rehabilitating water, wastewater, and stormwater assets as follows: 1) Water infrastructure was installed in the late 1960s and has reached the end of its useful life. Improvements include removing and disposing of existing asbestos-cement water main and installing approximately 11,000 linear feet of new polyvinyl chloride (PVC) water main, along with new fire hydrants, gate valves, water services, water meters, and back flow preventers. 2) The wastewater infrastructure that replaced septic systems in the early 1970s and has reached the end of its useful life. Improvements include removing and disposing of approximately 10,000 linear feet of existing vitrified clay gravity sewer pipe, and concrete manholes, which will be replaced with PVC gravity sewer pipe and polymer concrete manholes. Existing sanitary sewer service laterals and cleanouts will also be replaced. 3) Stormwater infrastructure was installed in the 1960s and much of it has exceeded the end of its useful life. Improvements include removing and disposing of various sized aging corrugated metal culvert pipes and old drainage structures, such as mitered end sections, inlets and catch basins. These will be replaced with new perforated high-performance polypropylene and high-density polyethylene storm water pipe systems, along with new reinforced concrete culvert pipes, mitered end sections, inlets and catch basins with sumps to ensure proper drainage throughout the area and improve water quality. Construction on the Project will be performed simultaneously on 105th and 106th Avenues. Water mains along the two avenues will be replaced at the beginning of the project to avoid damaging fragile asbestos cement water mains throughout the course of the project. Wastewater and stormwater construction will follow, occurring one block at a time per avenue, which minimizes neighborhood disruption and accelerates restoration. This process proved effective during the prior construction on 95th, 96th, 108th, and 109th Avenue sections in Naples Park. The attached 11.A Packet Pg. 88 10/25/2022 proposed Agreement also includes additional conditions and restrictions pertaining to the utilization of staging/storage lots based on recent experiences and citizen input on other projects in the community. The Project will benefit approximately 350 residences on 105th and 106th Avenues, a subsection of Basin 101. The condition of the stormwater, water and wastewater assets are defined as “Red” as reported to the Board at the October 1, 2013, Asset Assessment and Management Workshop. On March 31, 2022, the Procurement Services Division posted ITB No. 22-7982, 105th Ave. North and 106th Ave. North Public Utilities Renewal. On May 10, 2022, the County received two bids as summarized below. Bidders: Company Name City County ST Bid Amount Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $16,806,410.00 Yes/Yes Haskins, Inc. Bonita Springs Lee FL $20,602,975.00 No/Yes Douglas N. Higgins Inc. (“Higgins”), a Michigan corporation that has previously performed a substantial amount of work for Collier County company, is the lowest responsive and responsible bidder. The other bidder, Haskins, Inc., was determined non-responsive for not providing a bid schedule. County staff and engineering consultant, Q. Grady Minor & Associates, P.A. (“Q. Grady”), determined the low bid fair and reasonable and recommends awarding the contract to Higgins. Q. Grady evaluated Higgins’ references and found them sufficient to determine Higgins’ experience on work of a similar magnitude within th e last five years, including assessing its experience, skill, business standing and ability to complete the work as required under the terms of the attached proposed Agreement. Higgins’ bid is 7% below the Q. Grady’s $18,068,975.00 estimate of probable cost. The Procurement Services Division concluded the bidding was competitive and representative of market conditions. The bid tabulation, NORA, engineer’s letter of recommendation, and Contract are all attached. After this project is completed, eight Naples Park streets will have been rehabilitated in this comprehensive manner: 107th, 110th, 95th, 96th, 108th, 109th, 105th, and 106th Avenues North. Prior to that, in 2013 and 2014, water mains were replaced on 91st, 92nd, 93rd and 94th Avenues North. The next two streets planned for water, wastewater and stormwater construction are 98th and 99th Avenues North. Attached is the Program Update and Map. 11.A Packet Pg. 89 10/25/2022 FISCAL IMPACT: Funding is available in the water and wastewater user fee capital funds 412 and 414. A budget amendment, in the amount of $7,078,148.00, is required to transfer funding within Stormwater Bond Fund (327) from Reserves to Project 60139 to cover a portion of construction ($6,554,499.90) Construction Engineering and Inspection (CEI) services ($447,000.06), and Public Information Officer services ($76,648.04). Staff has analyzed current and future needs to be funded from the cited project numbers to assure that these budget amendments will not affect current and future financial commitments. The sources of funding are the Stormwater Bond Fund (327), Water Capital Fund (412) and Wastewater Capital Fund (414), allocated as shown below. FUNDING SOURCE BID AMOUNT BID % Stormwater Bond Fund (327) $6,554,499.90 39% Water Capital Fund (412) $3,361,282.00 20% Wastewater Capital Fund (414) $6,890,628.10 41% Total $16,806,410.00 100% Water and sewer operating costs will remain the same or decrease as these improvements are replacements. There will be no new maintenance costs associated with the stormwater improvements. While there will be additional closed drainage, the offset cost to clean and maintain should be no more than for the maintenance of the existing mixed open and closed system. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To award ITB No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal,” to Douglas N. Higgins Inc. in the amount of $16,806,410.00, authorize the Chairman to sign the attached Agreement, and authorize the necessary budget amendment. (Project Numbers 60139 and 70120) Prepared by: Ray G. Girgis, PE, Senior Project Manager, Engineering and Project Management Division ATTACHMENT(S) 1. 22-7982 - DELORA (PDF) 2. 22-7982 - Solicitation R1 (PDF) 3. 22-7982 - Bid Tabulation (PDF) 4. 22-7982 - NORA (PDF) 5. 22-7982 Douglas N. Higgins, Inc_COI (PDF) 6. [Linked] 22-7982 DouglasHiggins_Contract_VendorSigned-with-Bonds (PDF) 7. [Linked] 22-7982 - Bid Package Douglas N. Higgins, Inc. (PDF) 8. Program Update and Map (PDF) 9. 105th and 106th Avenues Presentation-9.27.22 (PDF) 11.A Packet Pg. 90 10/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 23505 Item Summary: *** This Item continued from the September 27, 2022 BCC Meeting. *** Recommendation to award Invitation to Bid (“ITB”) No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal” to Douglas N. Higgins Inc., in the amount of $16,806,410.00, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment. (Companion to item 11B) (Matthew McLean, Director, Engineering and Project Management Division) Meeting Date: 10/25/2022 Prepared by: Title: Project Manager – Public Utilities Planning and Project Management Name: Diana Dueri 10/03/2022 10:34 AM Submitted by: Title: Director – Public Utilities Planning and Project Management Name: Matthew McLean 10/03/2022 10:34 AM Approved By: Review: Public Utilities Planning and Project Management Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Procurement Services Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Procurement Services Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Public Utilities Operations Support Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Growth Management Department Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Capital Project Planning, Impact Fees, and Program Management Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Growth Management Operations Support Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Skipped 10/03/2022 10:27 AM Procurement Services Drew Cody Level 1 Purchasing Gatekeeper Skipped 10/03/2022 10:27 AM County Attorney's Office Drew Cody Level 2 Attorney Review Skipped 10/03/2022 10:27 AM Public Utilities Department Drew Cody Level 2 Division Administrator Review Skipped 10/03/2022 10:27 AM Growth Management Department Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM County Attorney's Office Drew Cody Level 3 County Attorney's Office Review Skipped 10/03/2022 10:27 AM County Manager's Office Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Office of Management and Budget Drew Cody Additional Reviewer Skipped 10/03/2022 10:27 AM Office of Management and Budget Drew Cody Level 3 OMB Gatekeeper Review Skipped 10/03/2022 10:27 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/18/2022 8:41 AM 11.A Packet Pg. 91 10/25/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM 11.A Packet Pg. 92 Civil Engineers  Land Surveyors  Planners  Landscape Architects Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 26, 2022 Ms. Cynthia McCanna Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Award Recommendation 22-7982 - 105th & 106th Avenue North Public Utilities Renewal Project Dear Ms. McCanna: Q. Grady Minor & Associates, P.A. (GradyMinor) has completed our review of the bid documents provided by the Collier County Procurement Services Division for the above referenced project and we are pleased to provide the following award recommendation. The scope of the 105th & 106th Avenue North Public Utilities Renewal Project (Project) includes the replacement of aging potable water, wastewater, and stormwater infrastructure along 105th Avenue North and 106th Avenue North in Naples Park from Vanderbilt Drive to Tamiami Trail/US 41 and the complete rebuilding of affected roadways. Two bids were received for this Project, with only one of the bids (the lower of the two bids) deemed responsive by Collier County Procurement Services Division. Based on the low bidder’s bid schedule (attached) provided by Collier County Procurement Services Division, Douglas N. Higgins, Inc. (DNH) is the lowest responsive bidder with a bid amount of $16,806,410.00, which is approximately 9% less than the project’s Opinion of Probable Construction Cost (OPCC) amount of $18,068,975.00. In addition to being the lowest bid for the project, the bid received meets the Supplemental Terms and Conditions Minimum Qualifications. DNH’s Minimum Qualifications of Bidders matrix included three previous projects, 110th Avenue Public Utilities Renewal project, 96th Avenue Public Utilities Renewal project and the 95th Avenue Public Utilities Renewal project. The three referenced projects meet the required criteria in the Supplemental Terms and Conditions Minimum Qualifications of Bidders. GradyMinor reviewed DNH’s bid documents, provided by the Collier County Procurement Services Division, and did not find any irregularities of concern. GradyMinor was unable to compare DNH’s bid unit prices to the second bidder as they only provided a lump sum total bid for the project. DNH’s completed Minimum Qualifications of Bidders table (Section XIV of the bid documents) indicates that DNH has successfully completed similar projects in scope and size to the 105th & 106th Avenue North Public Utilities Renewal Project in Collier County, including identical projects within the same neighborhood as this Project. DNH is a local general contractor with utility construction experience throughout southwest Florida and Collier County for over 30 years. Additionally, DNH is in Collier County’s library of approved underground utility contractors and has been for many years. The projects provided by DNH as references for similar underground utility projects were all within Collier County. GradyMinor contacted three (3) of the five (5) provided references and completed the Collier County Procurement Services Division Vender Reference Check Log (attached). It should be noted that the two (2) other references provided by DNH, where managed by a Collier County project manager who no longer 11.A.1 Packet Pg. 93 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Ms. Cynthia McCanna 108th & 109th Avenue North Public Utilities Renewal Project Award Recommendation May 26, 2022 Page 2 G:\Engineering\PROJ-ENG\C\CCU285\08CDocs\01Bidding-Addenda-COs-Corr\Final - 105th & 106th Avenue\Bid and DELORA Docs\105th and 106th PUR Recommendations for Award DNH.docx work at the County. All the references that were contacted provided positive feedback and a summary of the Vender Reference Check Logs is provided on the following page: Project: Project completed timely & within budget? Submittal/review process performed satisfactorily? Construction process performed satisfactorily? Did the process run smoothly? Were there any changes? Contract closeout process performed satisfactorily? Warranty issues since closeout? 96th Ave. N. Public Utilities Renewal Yes Yes Yes Yes No Yes No 95th Ave. N. Public Utilities Renewal Yes Yes Yes Yes Yes, but not b/c of DNH Yes No MPS 306 Force Main - Phase 3/Naples Manor Water Main - Phase 2 Yes Yes Yes Yes, Yes, but not b/c of DNH Yes No Based on the above information, GradyMinor recommends Douglas N. Higgins, Inc. be awarded the 105th & 106th Avenue North Public Utilities Renewal Project in the amount of $16,806,410.00. Please feel free to call me with any questions. Very truly yours, Justin Frederiksen, P.E. Project Manager 11.A.1 Packet Pg. 94 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 1 Solicitation No: 22-7982 Solicitation Title:105th Ave North and 106th Ave North Public Utilities Renewal BID SCHEDULE BIDDER: ITEM NO.DESCRIPTION (105TH AVENUE NORTH)UNIT EST. QTY. UNIT PRICE AMOUNT 1.1a Mobilization/Demobilization (Max 5% of 105th Ave. N. Subtotal Bid, without Allowances)LS 1 $378,000.00 $378,000.00 1.2a Maintenance of Traffic LS 1 $798,000.00 $798,000.00 1.3a Project Sign EA 2 $9,000.00 $18,000.00 1.4a Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 1.5a Pre-Construction Video & Photographs LS 1 $30,000.00 $30,000.00 1.6a Post-Construction Video LS 1 $4,500.00 $4,500.00 1.7a Clearing & Grubbing LS 1 $672,000.00 $672,000.00 1.8a Vibratory Monitoring LS 1 $154,000.00 $154,000.00 1.9a Remove, Dispose, and Replace Mailboxes EA 195 $95.00 $18,525.00 1.10a Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7350 $2.00 $14,700.00 1.11a Remove and Store Brick Paver Driveway SY 1850 $5.00 $9,250.00 1.12a Install Driveway i.Concrete SY 6,550 $23.00 $150,650.00 ii.Asphalt SY 800 $5.00 $4,000.00 iii.Brick Pavers SY 1,850 $45.00 $83,250.00 1.13a Driveway Coatings and Finishes i.Colored Concrete Coatings/Additives SY 175 $140.00 $24,500.00 ii.Decorative (Stamped) Concrete Coatings and Finishes SY 200 $85.00 $17,000.00 1.14a Remove, Dispose, and Replace Sidewalk (including Temporary) i. Asphalt SY 300 $30.00 $9,000.00 ii.Concrete SY 700 $27.00 $18,900.00 1.15a Detectable Warnings SY 15 $5.00 $75.00 1.16a Private Property Tree Removal EA 30 $30.00 $900.00 1.17a Vehicle Guard Post EA 16 $200.00 $3,200.00 1.18a Owner's Allowance T&M 1 $140,000.00 $140,000.00 $2,668,450.00 2.1a Water Main Pipelines i.8-inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 ii.8-inch CLASS 350 DIP LF 50 $23.00 $1,150.00 iii.12-inch C900 DR18 PVC LF 90 $80.00 $7,200.00 2.2a Gate Valves/Insert Valves/Line Stops i.6-inch Gate Valve EA 1 $200.00 $200.00 ii.8-inch Gate Valve EA 22 $1,200.00 $26,400.00 iii.12-inch Gate Valve EA 2 $12,000.00 $24,000.00 iv.6-inch Insert Valve EA 1 $200.00 $200.00 v.8-inch Line Stop EA 1 $400.00 $400.00 vi.12-inch Line Stop EA 2 $500.00 $1,000.00 2.3a Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 2.4a Water Services i.Short Single Service EA 38 $250.00 $9,500.00 ii.Short Double Service EA 31 $450.00 $13,950.00 iii.Long Single Service EA 42 $400.00 $16,800.00 iv.Long Double Service EA 31 $450.00 $13,950.00 Douglas N. Higgins, Inc. SECTION 1A: GENERAL (105TH AVENUE NORTH) SECTION 2A: WATER SYSTEM (105TH AVENUE NORTH) SECTION 1A (GENERAL 105TH AVE. N.) SUBTOTAL: 11.A.1 Packet Pg. 95 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 2 2.5a Water Meter, Meter Box, and Backflow Device i.New Meter Box (Relocated Existing Meter and Backflow)EA 20 $80.00 $1,600.00 ii.New Meter Box and New Backflow (Relocated Existing Meter)EA 164 $450.00 $73,800.00 2.6a Water Meter Box (vacant property)EA 10 $400.00 $4,000.00 2.7a Connection to Existing Water Main i.Vanderbilt Drive 8-inch PVC WM EA 1 $69,000.00 $69,000.00 ii.6th Street North 12-inch PVC WM EA 2 $59,000.00 $118,000.00 iii.7th Street North 8-inch PVC WM EA 1 $59,000.00 $59,000.00 vi.US41 8-inch PVC WM EA 1 $69,000.00 $69,000.00 v.875 105th Fire Service EA 1 $39,000.00 $39,000.00 2.8a Bacteriological Sample Points i.Permanent Sample Point EA 1 $4,200.00 $4,200.00 2.9a Air Release Valves EA 7 $350.00 $2,450.00 2.10a Conflict Avoidance (Deflection)EA 5 $500.00 $2,500.00 2.11a Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 2.12a Removal and Disposal of Asbestos Concrete Water Main LF 6,320 $12.00 $75,840.00 2.13a Owner's Allowance T&M 1 $100,000.00 $100,000.00 $1,033,940.00 3.1a 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace)LF 5,670 $49.00 $277,830.00 3.2a Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i.Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 ii.Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 3.3a Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 3.4a Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 3.5a Precast Polymer Concrete Manholes (Remove, Dispose, Replace)EA 14 $99,000.00 $1,386,000.00 3.6a Grout and Abandon Existing Gravity Sewer Main and Manholes LF 45 $80.00 $3,600.00 3.7a Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 3.8a Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 3.9a Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 3.10a Road Restoration - Limerock Base (6 or 8-inch)SY 13,000 $5.00 $65,000.00 3.11a Road Restoration - 2-1/2" Asphalt (Two Lifts)SY 12,400 $14.00 $173,600.00 3.12a Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 3.13a Remove, Dispose, and Replace Concrete Curb LF 205 $15.00 $3,075.00 3.14a Milling & Resurfacing SY 3,300 $5.00 $16,500.00 3.15a Owner's Allowance T&M 1 $200,000.00 $200,000.00 $2,468,005.00 4.1a 15" RCP Pipe LF 15 $30.00 $450.00 4.2a 18" ADS Pipe LF 4,065 $100.00 $406,500.00 4.3a 18" ADS Perforated Pipe in Water Quality Trench LF 2,590 $150.00 $388,500.00 4.4a 18" RCP LF 80 $40.00 $3,200.00 4.5a 24" ADS Pipe LF 2,815 $150.00 $422,250.00 4.6a 24" ADS Perforated Pipe in Water Quality Trench LF 2,700 $185.00 $499,500.00 4.7a 24" RCP LF 90 $100.00 $9,000.00 4.8a Catch Basin (Type C) w/ 2' Sedimentation Sump EA 45 $250.00 $11,250.00 4.9a Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 4.10a In-Line Drain (LD)EA 175 $200.00 $35,000.00 4.11a Junction Box EA 8 $15,000.00 $120,000.00 4.12a Private Property Yard Drains EA 20 $50.00 $1,000.00 4.13a Connection to Existing Storm Structure EA 15 $400.00 $6,000.00 4.14a Modification of Existing Storm Structure EA 15 $800.00 $12,000.00 4.15a Mitered End Section EA 2 $2,500.00 $5,000.00 4.16a Swale Grading (not associated with the above pay items)LF 500 $5.00 $2,500.00 4.17a Root Barrier LF 300 $12.00 $3,600.00 4.18a Owner's Allowance T&M 1 $150,000.00 $150,000.00 SECTION 3A: WASTEWATER SYSTEM (105TH AVENUE NORTH) SECTION 2A (WATER SYSTEM 105TH AVE. N.) SUBTOTAL: SECTION 3A (WASTEWATER SYSTEM 105TH AVE. N.) SUBTOTAL: SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) 11.A.1 Packet Pg. 96 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 3 $2,225,750.00 1.1b Mobilization/Demobilization (Max 5% of 106th Ave. N. Subtotal Bid, without Allowances)LS 1 $380,000.00 $380,000.00 1.2b Maintenance of Traffic LS 1 $798,000.00 $798,000.00 1.3b Project Sign EA 2 $9,000.00 $18,000.00 1.4b Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 1.5b Pre-Construction Video & Photographs LS 1 $30,000.00 $30,000.00 1.6b Post-Construction Video LS 1 $4,500.00 $4,500.00 1.7b Clearing & Grubbing LS 1 $672,000.00 $672,000.00 1.8b Vibratory Monitoring LS 1 $154,000.00 $154,000.00 1.9b Remove, Dispose, and Replace Mailboxes EA 190 $95.00 $18,050.00 1.10b Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7,650 $2.00 $15,300.00 1.11b Remove and Store Brick Paver Driveway SY 2,200 $5.00 $11,000.00 1.12b Install Driveway i.Concrete SY 6,400 $23.00 $147,200.00 ii.Asphalt SY 1,250 $5.00 $6,250.00 iii.Brick Pavers SY 2,200 $45.00 $99,000.00 1.13b Driveway Coatings and Finishes i.Colored Concrete Coatings/Additives SY 300 $140.00 $42,000.00 1.14b Remove, Dispose, and Replace Sidewalk (including Temporary) i. Asphalt SY 400 $30.00 $12,000.00 ii.Concrete SY 700 $27.00 $18,900.00 1.15b Detectable Warnings SY 15 $5.00 $75.00 1.16b Private Property Tree Removal EA 30 $30.00 $900.00 1.17b Vehicle Guard Post EA 16 $200.00 $3,200.00 1.18b Owner's Allowance T&M 1 $140,000.00 $140,000.00 $2,690,375.00 2.1b Water Main Pipelines i.8-inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 ii.8-inch CLASS 350 DIP LF 50 $23.00 $1,150.00 iii.12-inch C900 DR18 PVC LF 90 $80.00 $7,200.00 2.2b Gate Valves/Insert Valves/Line Stops i.6-inch Gate Valve EA 1 $200.00 $200.00 ii.8-inch Gate Valve EA 21 $1,200.00 $25,200.00 iii.12-inch Gate Valve EA 2 $12,000.00 $24,000.00 iv.6-inch Insert Valve EA 1 $200.00 $200.00 v.8-inch Line Stop EA 1 $400.00 $400.00 vi.12-inch Line Stop EA 2 $500.00 $1,000.00 2.3b Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 2.4b Water Services i.Short Single Service EA 44 $250.00 $11,000.00 ii.Short Double Service EA 30 $450.00 $13,500.00 iii.Long Single Service EA 34 $400.00 $13,600.00 iv.Long Double Service EA 35 $450.00 $15,750.00 2.5b Water Meter, Meter Box, and Backflow Device i.New Meter Box (Relocated Existing Meter and Backflow)EA 25 $80.00 $2,000.00 ii.New Meter Box and New Backflow (Relocated Existing Meter)EA 160 $450.00 $72,000.00 2.6b Water Meter Box (vacant property)EA 11 $400.00 $4,400.00 2.7b Connection to Existing Water Main i.Vanderbilt Drive 8-inch PVC WM EA 1 $69,000.00 $69,000.00 ii.6th Street North 12-inch PVC WM EA 2 $59,000.00 $118,000.00 iii.7th Street North 8-inch PVC WM EA 1 $59,000.00 $59,000.00 vi.US41 8-inch PVC WM EA 1 $69,000.00 $69,000.00 SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) SUBTOTAL: SECTION 1B: GENERAL (106TH AVENUE NORTH) SECTION 1A (GENERAL 106TH AVE. N.) SUBTOTAL: SECTION 2B: WATER SYSTEM (106TH AVENUE NORTH) 11.A.1 Packet Pg. 97 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 4 2.8b Bacteriological Sample Points i.Permanent Sample Point EA 1 $4,200.00 $4,200.00 2.9b Air Release Valves EA 7 $350.00 $2,450.00 2.10b Conflict Avoidance (Deflection)EA 5 $500.00 $2,500.00 2.11b Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 2.12b Removal and Disposal of Asbestos Concrete Water Main LF 6,510 $12.00 $78,120.00 2.13b Owner's Allowance T&M 1 $100,000.00 $100,000.00 $994,670.00 3.1b 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace)LF 5,680 $49.00 $278,320.00 3.2b Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i.Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 ii.Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 3.3b Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 3.4b Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 3.5b Precast Polymer Concrete Manholes (Remove, Dispose, Replace)EA 14 $99,000.00 $1,386,000.00 3.6b Grout and Abandon Existing Gravity Sewer Main and Manholes LF 25 $80.00 $2,000.00 3.7b Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 3.8b Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 3.9b Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 3.10b Road Restoration - Limerock Base (6 or 8-inch)SY 13,000 $5.00 $65,000.00 3.11b Road Restoration - 2-1/2" Asphalt (Two Lifts)SY 12,400 $14.00 $173,600.00 3.12b Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 3.13b Remove, Dispose, and Replace Concrete Curb LF 210 $15.00 $3,150.00 3.14b Milling & Resurfacing SY 3,300 $5.00 $16,500.00 3.15b Owner's Allowance T&M 1 $200,000.00 $200,000.00 $2,466,970.00 4.2b 18" ADS Pipe LF 4,900 $100.00 $490,000.00 4.3b 18" ADS Perforated Pipe in Water Quality Trench LF 2,610 $150.00 $391,500.00 4.4b 18" RCP LF 90 $40.00 $3,600.00 4.5b 24" ADS Pipe LF 2,840 $150.00 $426,000.00 4.6b 24" ADS Perforated Pipe in Water Quality Trench LF 2,680 $185.00 $495,800.00 4.7b 24" RCP LF 100 $100.00 $10,000.00 4.8b Catch Basin (Type C) w/Sedimentation Sump EA 45 $250.00 $11,250.00 4.9b Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 4.10b In-Line Drain (LD)EA 170 $200.00 $34,000.00 4.11b Junction Box EA 4 $15,000.00 $60,000.00 4.12b Private Property Yard Drains EA 20 $50.00 $1,000.00 4.13b Connection to Existing Storm Structure EA 20 $400.00 $8,000.00 4.14b Modification of Existing Storm Structure EA 20 $800.00 $16,000.00 4.15b Mitered End Section EA 2 $2,500.00 $5,000.00 4.16b Swale Grading (not associated with the above pay items)LF 500 $5.00 $2,500.00 4.17b Root Barrier LF 300 $12.00 $3,600.00 4.18b Owner's Allowance T&M 1 $150,000.00 $150,000.00 $2,258,250.00 $2,668,450.00 $1,033,940.00 $2,468,005.00 $2,225,750.00 $8,396,145.00 Section 3A: Wastewater System (105th Avenue North) SECTION 2A (WATER SYSTEM 106TH AVE. N.) SUBTOTAL: SECTION 3B: WASTEWATER SYSTEM (106TH AVENUE NORTH) SECTION 3A (WASTEWATER SYSTEM 106TH AVE. N.) SUBTOTAL: SECTION 4A: STORMWATER SYSTEM (106TH AVENUE NORTH) SECTION 4A (STORMWATER SYSTEM 106TH AVE. N.) SUBTOTAL: SUMMARY A - 105TH AVENUE NORTH Section 4A: Stormwater System (105th Avenue North) SUBTOTAL A (105th Avenue North): Section 1A: General (105th Avenue North) Section 2A: Water System (105th Avenue North) 11.A.1 Packet Pg. 98 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 5 $2,690,375.00 $994,670.00 $2,466,970.00 $2,258,250.00 $8,410,265.00 $5,358,825.00 $2,028,610.00 $4,934,975.00 $4,484,000.00 $16,806,410.00 SUMMARY B - 106TH AVENUE NORTH Section 2A & 2B: Water System Section 3B: Wastewater System (106th Avenue North) Section 3A & 3B: Wastewater System Section 2B: Water System (106th Avenue North) Section 1B: General (106th Avenue North) Section 4B: Stormwater System (106th Avenue North) GRAND TOTAL 105TH & 106TH AVENUES NORTH: Section 4A & 4B: Stormwater System SUBTOTAL B (106th Avenue North): Section 1A & 1B: General GRAND TOTAL SUMMARY A & B - 105TH & 106TH AVENUES NORTH 11.A.1 Packet Pg. 99 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) VENDOR REFERENCE CHECK LOG Solicitation No.: 22-7982 Reference Check by: Eddwie Perez Solicitation Title: 105th and 106th Avenues Public Utilities Renewal Project Date: 05/17/2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. Grady Minor & Associates, P.A. REFERENCED PROJECT: Project Name: 96th Avenue North Public Utilities Renewal Project Project Location: 96th Avenue North Project Description: Remove and install new water services, sewer pipe and stormwater infrastructure. Completion Date: 04/08/2021 Contract Value: $4,729,539.92 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 301, Naples, FL 34112 Phone: 239-252-4218 Owner’s Contact Person: Diana Dueri E-Mail: Diana.Dueri@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 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 7. Additional comments: No additional comments 11.A.1 Packet Pg. 100 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) VENDOR REFERENCE CHECK LOG Solicitation No.: 22-7982 Reference Check by: Eddwie Perez Solicitation Title: 105th and 106th Avenues Public Utilities Renewal Project Date: 05/18/2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. Grady Minor & Associates, P.A. REFERENCED PROJECT: Project Name: 95th Avenue North Public Utilities Renewal Project Project Location: 95th Avenue North Project Description: Remove and install new water services, sewer pipe and stormwater infrastructure. Completion Date: 01/10/2020 Contract Value: $5,443,920.00 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 301, Naples, FL 34112 Phone: 239-252-4233 Owner’s Contact Person: Corinne Trtan E-Mail: Corinne.Trtan@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 but not because of DNH. 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 7. Additional comments: No additional comments 11.A.1 Packet Pg. 101 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) VENDOR REFERENCE CHECK LOG Solicitation No.: 22-7982 Reference Check by: Eddwie Perez Solicitation Title: 105th and 106th Avenues Public Utilities Renewal Project Date: 05/18/2022 Bidder’s Name: Douglas N. Higgins, Inc. Phone: 239-947-1144 Design Entity: Q. Grady Minor & Associates, P.A. REFERENCED PROJECT: Project Name: MPS 306 Force Main-Phase 3/Naples Manor Water Main Phase 2 Project Location: Naples Manor Project Description: Install 8” water main, valves, hydrants, new water services & backflow devises, install 24” force main Completion Date: 01/09/2017 Contract Value: $1,524,244.52 Project Owner/Title: Collier County Public Utilities Owner’s Address: 3339 Tamiami Trail E. Ste. 301, 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. DN Higgins is very good with submittals 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. These were either for unforeseen conditions or Owner Directed. 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. 7. Additional comments: DN Higgins has performed well on all of my projects. They work well with County Staff. 11.A.1 Packet Pg. 102 Attachment: 22-7982 - DELORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR 105th Ave North and 106th Ave North Public Utilities Renewal SOLICITATION NO.: 22-7982 CYNTHIA MCCANNA, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8992 Cynthia.McCanna@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 11.A.2 Packet Pg. 103 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 22-7982 105th Ave North and 106th Ave North Public Utilities Renewal Sealed bids for the construction of 105th Ave North and 106th Ave North Public Utilities Renewal will be received electronically until 3:00 P.M. LOCAL TIME, on the 10th day of May on the County’s on-line bidding system: https://www.bidsync.com/bidsync-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $18,000,000. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 10:00 a.m. LOCAL TIME on the 12th day of April at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of May 10, 2022. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within four hundred and fifty (450) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of four hundred and twenty (420) calendar days, with an additional thirty (30) calendar days to final completion. 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, seven thousand seven hundred forty-one ($7,741.) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Herrera Director, Procurement Services Division 11.A.2 Packet Pg. 104 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins Inc. ("Contractor") of 3390 Travis Pointe Rd., Ste. A, Ann Arbor, MI 48108, a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 10511 Ave North and 106th North Public Utilities Renewal, Invitation to Bid No. 22-7982 ("Project'), as said Work is set forth in the Plans and Specifications prepared by Q. Grady Minor & Associates, P.A., the Engineer and/or Architect of Record ("Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. 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: Sixteen Million Eight Hundred Six Thousand Four Hundred and Ten Dollars ($16,806,410.00). 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.ciov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: [2022_ver.2t GQ. than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Llauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within four hundred and twenty (420) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Seven Thousand Seven Hundred Forty -One Dollars ($7,741.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. 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 2 Construction Services Agreement: [2022_ver.2] GP or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #22-7982 11105th Ave North and 1061h Ave North Public Utilities Renewal." 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 Form 3 Conslructlon Services Agreement: [2022_ver.2] P� G 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 #22-7982 11105th Ave North and 106th Ave North Public Utilities Renewal." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Q. Grady Minor & Associates, P.A. ®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 Department Engineering & Project Management Division 3339 Tamiami Trail East Naples, Florida 34112 Attn: Ray G. Girgis, PE, Senior Project Manager Phone: (239) 252-5345 Email: Raoaev.Girois(o)colliercountvfl.ciov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Douglas N. Higgins, Inc. 4485 Enterprise Ave Naples, Florida 34104 Attn: Kelly A. Wilkie, Vice President Phone: (239) 774-3130 Email: kwilkie2000adnhiggins.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 CA Construction Services Agreement: [2022_ver.2] Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 91. Governina 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: [2022_ver.2] O Gt' Section 1S. Chanae 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 Construction Services Agreement: [2022_ver.2] O G� IN WITNESS WHEREOF, the parties have executed As Agreement on the date(s) Indicated below. T O WITNESSES: A--' FIRST WGINESS David J. Wilkie Print Name SECOND WITNESS David M. Swain Print Name Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller go Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Douglas N. Higgins Inc. By: haht G Kelly A. Wilkie 0 06/13/2022 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: William L. McDaniel Jr., Chairman construction Services Agreement; [2022_ver.21 O C �' EXHIBITA-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: I2022_ver.21 IR Initiation to Bid (ITB) 22-7982 "105th Ave North and 1061h North Public Utilities Renewal" BID SCHEDULE BIDDER: Douglas N. Higgins, Inc. ITEM NO. DESCRIPTION (105TH AVENUE NORTH) UNIT EST. CITY. UNIT PRICE AMOUNT SECTION 1A: GENERAL (105TH AVENUE NORTH) 1.1a Mobilization/Demobilization (Max 5% of 305th Ave. N. Subtotal Bid, without Allowances) LS 1 $378,000.00 $378,000.00 1.2a Maintenance of Traffic LS 1 $798,000.00 $798,000.00 1.3a Project Sign EA 2 $9,000.00 $18,000.00 1.4a Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 S.Sa Pre -Construction Video & Photographs LS 1 $30,000.00 $30,000.00 1.6a Post -Construction Video LS 1 $4,500.00 $4,500.00 1.7a Clearing & Grubbing LS 1 $672,000.00 $672,000.00 1.8a Vibratory Monitoring LS 1 $154,000.00 $154,000.00 1.9a Remove, Dispose, and Replace Mailboxes EA 195 $95.00 $18,525.00 1.10a Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7350 $2.00 $14,700.00 1.11a Remove and Store Brick Paver Driveway SY 1850 $5.00 $9,250.00 1.12a Install Driveway I. Concrete SY 6,550 $23.00 $150,650.00 Ii. Asphalt SY 800 $5.00 $4,000.00 Ill. Brick Pavers SY 1,850 $45.00 $83,250.00 1.13a Driveway Coatings and Finishes i. Colored Concrete Coatings/Additives SY 175 $140.00 $24,500.00 H. Decorative (Stamped) Concrete Coatings and Finishes SY 200 $85.00 $17,000.00 1.14a Remove, Dispose, and Replace Sidewalk (including Temporary) I. Asphalt SY 300 $30.00 $9,000.00 H. Concrete SY 700 $27.00 $18,900.00 1.15a Detectable Warnings SY 15 $5.00 $75.00 1.16a Private Property Tree Removal EA 30 $30.00 $900.00 1.17a Vehicle Guard Post EA 16 $200.00 $3,200.00 1.18a Owner's Allowance T&M 1 1 $140,000.00 $140,000.00 SECTION 1A (GENERAL 105TH AVE. N.) SUBTOTAL: $2,668,450.00 SECTION 2A: WATER SYSTEM (10STH AVENUE NORTH) 2.1a Water Main Pipelines I. 8-inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 H. 8-Inch CLASS 350 DIP LF 50 $23.00 $1,150.00 III. 12-Inch C900 DR18 PVC LF 90 $80.00 $7,200.00 2.2a Gate Valves/Insert Valves/Line Stops Page 1 of 7 0 Initiation to Bid (ITB) 22-7982 "1051" Ave North and 106' North Public Utilities Renewal" I. 6-Inch Gate Valve EA 1 $200.00 $200.00 II. 8-Inch Gate Valve EA 22 $1,200.00 $26,400.00 III. 12-Inch Gate Valve EA 2 $12,000.00 $24,000.00 Iv. 6-inch Insert Valve EA 1 $200.00 $200.00 V. 8-inch Line Stop EA 1 $400.00 $400.00 A. 12-Inch Line Stop EA 2 $SOO.00 $1,000.00 2.3a Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 2.4a Water Services I. Short Single Service EA 38 $250.00 $9,500.00 II. Short Double Service EA 31 $450.00 $13,950.00 III. Long Single Service EA - 42 $400.00 $16,800.00 IV. Long Double Service EA 31 $450.00 $13,950.00 2.5a Water Meter, Meter Box, and Backflow Device I. New Meter Box (Relocated Existing Meter and Backflow) EA 20 $80.00 $1,600.00 li New Meter Box and New Backflow (Relocated Existing Meter) EA 164 $450.00 $73,800.00 2.6a Water Meter Box (vacant property) EA 10 $400.00 $4,000.00 2.7a Connection to Existing Water Main I. Vanderbilt Drive 8-inch PVC WM EA 1 $69,000.00 $69,000.00 II. 6th Street North 12-Inch PVC WM EA 2 $59,000.00 $118,000.00 Ill. 7th Street North 8-Inch PVC WM EA 1 $59,000.00 $59,000.00 A. US418-Inch PVC WM EA 1 $69,000.00 $69,000.00 V. 875 105th Fire Service EA 1 $39,000.00 $39,000.00 2.8a Bacteriological Sample Points I. Permanent Sample Point EA 1 $4,200.00 $4,200.00 2.9a Air Release Valves EA 7 $350.00 $2,450.00 2.10a Conflict Avoidance (Deflection) EA 5 $500.00 $2,500.00 2.11a Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 2.12a Removal and Disposal of Asbestos Concrete Water Main LF 6,320 $12.00 $75,840.00 2.13a Owner's Allowance T&M 1 $500,000.00 $100,000.00 SECTION 2A (WATER SYSTEM 30STH AVE. N.) SUBTOTAL: $1,033,940.00 SECTION 3A: WASTEWATER SYSTEM (10STH AVENUE NORTH) 3.1a 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace) LF 1 5,670 $49.00 $277,830.00 3.2a Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) 1. Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 ii. Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 3.3a Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 3.4a Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 Page 2 of 7 a Initiation to Bid (ITB) 22-7982 11105th Ave North and 106th North Public Utilities Renewal" 3.Sa Precast Polymer Concrete Manholes (Remove, Dispose, Replace) EA 14 $99,000.00 $1,386,000.00 3.6a Grout and Abandon Existing Gravity Sewer Main and Manholes LF 45 $80.00 $3,600.00 3.7a Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 3.8a Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 3.9a Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 3.10a Road Restoration - Limerock Base (6 or 8-Inch) SY 13,000 $5.00 $65,000.00 3.11a Road Restoration - 2-1/2" Asphalt (Two Lifts) SY 12,400 $14.00 $173,600.00 3.12a Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 3.13a Remove, Dispose, and Replace Concrete Curb LF 205 $15.00 $3,075.00 3.14a Milling & Resurfacing SY 3,300 $5.00 $16,500.00 3.15a Owner's Allowance T&M 1 $200,000.00 $200,000.00 SECTION 3A (WASTEWATER SYSTEM 105TH AVE. N.) SUBTOTAL: $2,468,005.00 SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) 4.1a 15" RCP Pipe LF 15 $30.00 $450.00 4.2a 18" ADS Pipe LF 4,065 $100.00 $406,500.00 4.3a 18" ADS Perforated Pipe in Water Quality Trench LF 2,590 $150.00 $388,500.00 4.4a 18" RCP LF 80 $40.00 $3,200.00 4.5a 24" ADS Pipe LF 2,815 $150.00 $422,250.00 4.6a 24" ADS Perforated Pipe in Water Quality Trench LF 2,700 $185.00 $499,500.00 4.7a 24" RCP LF 90 $100.00 $9,000.00 4.8a Catch Basin (Type C) w/ 2' Sedimentation Sump EA 45 $250.00 $11,250.00 4.9a Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 4.10a In -Line Drain (LD) EA 175 $200.00 $35,000.00 4.11a Junction Box EA 8 $15,000.00 $120,000.00 4.12a Private Property Yard Drains EA 20 $50.00 $1,000.00 4.13a Connection to Existing Storm Structure EA 15 $400.00 $6,000.00 4.14a Modification of Existing Storm Structure EA 15 $800.00 $12,000.00 4.15a Mitered End Section EA 2 $2,500.00 $5,000.00 4.16a Swale Grading (not associated with the above pay Items) LF 500 $5.00 $2,500.00 4.17a Root Barrier LF 300 $12.00 $3,600.00 4.18a Owner's Allowance T&M 1 $150,000.00 $150,000.00 SECTION 4A: STORMWATER SYSTEM (10STH AVENUE NORTH) SUBTOTAL: $2,225,750.00 SECTIONIB: GENERAL (106TH AVENUE NORTH) 1.1b Mobilization/Demobilization (Max S%of 106th Ave. N. Subtotal Bid, without Allowances) LS 1 $380,000.00 $380,000.00 1.2b Maintenance of Traffic LS 1 $798,000.00 $798,000.00 1.3b Project Sign EA 2 $9,000.00 $18,000.00 Page 3 of 7 N Initiation to Bid (ITB) 22-7982 "105t1 Ave North and 10611 North Public Utilities Renewal" 1.4b I Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 1.Sb Pre -Construction Video & Photographs LS 1 $30,000.00 $30,000.00 1.6b Post -Construction Video LS 1 $4,500.00 $4,500.00 1.7b Clearing & Grubbing LS 1 $672,000.00 $672,000.00 1.8b Vibratory Monitoring LS 1 $154,000.00 $154,000.00 1.9b Remove, Dispose, and Replace Mailboxes EA 190 $95.00 $18,050.00 1.10b Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7,650 $2.00 $15,300.00 1.11b Remove and Store Brick Paver Driveway SY 2,200 $5.00 $11,000.00 1.12b Install Driveway -40 1. Concrete SY 6,400 $23.00 $147,200.00 IL Asphalt SY 1,250 $5.00 $6,250.00 III. Brick Pavers SY 2,200 $45.00 $99,000.00 1.13b Driveway Coatings and Finishes _ I. Colored Concrete Coatings/Additives SY 300 $140.00 $42,000.00 1.14b Remove, Dispose, and Replace Sidewalk (including Temporary) 1. Asphalt SY 400 $30.00 $12,000.00 IL Concrete SY 700 $27.00 $18,900.00 1.15b Detectable Warnings SY 15 $5.00 $75.00 1.16b Private Property Tree Removal EA 30 $30.00 $900.00 1.17b Vehicle Guard Post EA 16 $200.00 $3,200.00 1.18b Owner's Allowance T&M 1 $140,000.00 $140,000.00 SECTION 1A (GENERAL 106TH AVE. N.) SUBTOTAL: $2,690,375.00 SECTION 213: WATER SYSTEM (106TH AVENUE NORTH) 2.1b Water Main Pipelines I. 8-Inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 Ii. 8-Inch CLASS 350 DIP LF 50 $23.00 $1,150.00 III. 12-Inch C900 DR18 PVC LF 90 $80.00 $7,200.00 2.2b Gate Valves/Insert Valves/Line Stops I. 6-inch Gate Valve EA 1 $200.00 $200.00 li. 8-Inch Gate Valve EA 21 $1,200.00 $25,200.00 III. 12-Inch Gate Valve EA 2 $12,000.00 $24,000.00 Iv. 6-inch Insert Valve EA 1 $200.00 $200.00 V. 8-inch Line Stop EA 1 $400.00 $400.00 A. 12-inch Line Stop EA 2 $500.00 $1,000.00 2.3b Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 2.4b Water Services 1. Short Single Service EA 44 $250.00, $11,000.00 ii. Short Double Service EA 30 $450.00 $13,500.00 III. I Long Single Service EA 34 $400.00 $13,600.00 Page 4 of 7 C�` Initiation to Bid (ITB) 22-7982 "1051h Ave North and 10611 North Public Utilities Renewal" iv. Long Double Service EA 35 $450.00 $15,750.00 2.Sb Water Meter, Meter Box, and Backflow Device I. New Meter Box (Relocated Existing Meter and Backflow) EA 25 $80.00 $2,000.00 ii. New Meter Box and New Backflow (Relocated Existing Meter) EA 160 $450.00 $72,000.00 2.6b Water Meter Box (vacant property) EA 11 $400.00 $4,400.00 2.7b Connection to Existing Water Main 1. Vanderbilt Drive 8-Inch PVC WM EA 1 $69,000.00 $69,000.00 II. 6th Street North 12-Inch PVC WM EA 2 $59,000.00 $118,000.00 III. 7th Street North 8-Inch PVC WM EA 1 $59,000.00 $59,000.00 vi. US418-inch PVC WM EA 1 $69,000.00 $69,000.00 2.8b Bacteriological Sample Points I. Permanent Sample Point EA 1 $4,200.00 $4,200.00 2.9b Air Release Valves EA 7 $350.00 $2,450.00 2.30b Conflict Avoidance (Deflection) EA 5 $500.00 $2,500.00 2.11b Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 2.12b Removal and Disposal of Asbestos Concrete Water Main LF 6,510 $12.00 $78,120.00 2.13b Owner's Allowance T&M 1 $100,000.00 $500,000.00 _ SECTION 2A (WATER SYSTEM 106TH AVE. N.) SUBTOTAL: $994,670.00 SECTION 36: WASTEWATER SYSTEM (106TH AVENUE NORTH) 3.1b 8-Inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace) LF 5,680 $49.00 $278,320.00 3.2b Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) 1. Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 li. Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 3.3b I Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 3.4b Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 3.Sb Precast Polymer Concrete Manholes (Remove, Dispose, Replace) EA 14 $99,000.00 $1,386,000.00 3.6b Grout and Abandon Existing Gravity Sewer Main and Manholes LF 25 $80.00 $2,000.00 3.7b Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 3.8b Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 3.9b Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 3.10b Road Restoration - Limerock Base (6 or 8-inch) SY 13,000 $5.00 $65,000.00 3.11b Road Restoration - 2-1/2" Asphalt (Two Lifts) SY 12,400 $14.00 $173,600.00 3.12b Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 3.13b Remove, Dispose, and Replace Concrete Curb LF 210 $15.00 $3,150.00 3.14b Milling & Resurfacing SY 3,300 $5.00 $16,500.00 3.15b Owner's Allowance T&M 1 $200,000.00 $200,000.00 Page 5 of 7 0 Initiation to Bid (ITB) 22-7982 "1051h Ave North and 106th North Public Utilities Renewal" SECTION 3A (WASTEWATER SYSTEM 106TH AVE. N.) SUBTOTAL: $2,466,970.00 SECTION 4A: STORMWATER SYSTEM (106TH AVENUE NORTH) 4.2b 18" ADS Pipe LF 4,900 $100.00 $490,000.00 4.3b 18" ADS Perforated Pipe in Water Quality Trench LF 2,610 $150.00 $391,500.00 4.4b 18" RCP LF 90 $40.00 $3,600.00 4.Sb 24" ADS Pipe LF 2,840 $150.00 $426,000.00 4.6b 24" ADS Perforated Pipe in Water Quality Trench LF 2,680 $185.00 $495,800.00 4.7b 24" RCP LF 100 $100.00 $10,000.00 4.8b Catch Basin (Type C) w/Sedimentation Sump EA 45 $250.00 $11,250.00 4.9b Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 4.10b In -Line Drain(LD) EA 170 $200.00 $34,000.00 4.11b Junction Box EA 4 $15,000.00 $60,000.00 4.12b Private Property Yard Drains EA 20 $50.00 $1,000.00 4.13b Connection to Existing Storm Structure EA 20 $400.00 $8,000.00 4.14b Modification of Existing Storm Structure EA 20 $800.00 $16,000.00 4.15b Mitered End Section EA 2 $2,500.00 $5,000.00 4.16b Swale Grading (not associated with the above pay items) LF Soo $5.00 $2,500.00 4.17b Root Barrier LF 300 $12.00 $3,600.00 4.18b Owner's Allowance T&M 1 $150,000.00 $150,000.00 SECTION 4A (STORMWATER SYSTEM 106TH AVE. N.) SUBTOTAL: $2,258,250.00 SUMMARY.A -10STH AVENUE NORTH Section 1A: General (105th Avenue North) $2,668,450.00 Section 2A: Water System (105th Avenue North) $1,033,940.00 Section 3A: Wastewater System (105th Avenue North) $2,468,005.00 Section 4A: Stormwater System (105th Avenue North) $2,225,750.00 SUBTOTAL A (105th Avenue North): $8,396,145.00 SUMMARY B -106TH AVENUE NORTH Section 1B: General (106th Avenue North) $2,690,375.00 Section 2B: Water System (106th Avenue North) $994,670.00 Section 3B: Wastewater System (106th Avenue North) $2,466,970.00 Section 46: Stormwater System (106th Avenue North) $2,258,250.00 SUBTOTAL B (106th Avenue North): $8,410,265.00 Page 6 of 7 Lf,O Initiation to Bid (ITB) 22-7982 "105" Ave North and 106" North Public Utilities Renewal" GRAND TOTAL SUMMARY A & B -105TH & 106TH AVENUES NORTH Section 3A & 113:General $5,358,825.00 Section 2A & 2B: Water System $2,028,610.00 Section 3A & 3B: Wastewater System $4,934,975.00 Section 4A & 4B: Stormwater System $4,484,000.00 GRAND TOTAL 105TH & 106TH AVENUES NORTH: $16,806,410.00 Page 7 of 7 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2022_ver.2] Appendix F —Template - Addendum ezvv Email: (Cynthia.McCanna@colliercountyfl.gov) Telephone: (239-252-8992) Co 7eY �.ou"Yity Administrative Services Division Purchasing ADDENDUM #1 Memorandum Date: April 4, 2022 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #1 22-7982 105th Ave North and 106In Ave North Public Utilities This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. ADDITION: 22-7982 — Exhibit M - Plans Please acknowledge receipt of this Addendum and include with your bid. (Signature) :T4LC_. (Name Date If you require additional information, please post a question on BldSync on-line or contact me using the above contact Information. Appendix F-Template -Addendum-rev 10.18.18 a Appendix F — Template -Addendum Administrative Services Division Purchasing ADDENDUM #2 Memorandum Email: (Cynthia.McCanna@colliercountyfl.gov) Telephone: (239-262-8992) Date: April 12, 2022 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Subject: Addendum #2 22-79821051h Ave North and 106in Ave North Public Utilities This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Addition: This addendum is being issued because the original plans were missing the engineer's signature and stamp. No other changes were made to these plans. 22-7982 — Exhibit M — Plans R1 Please acknowledge receipt of this Addendum and include with your bid. (Signature) Date If you require additional Information, please post a question on BldSync on-line or contact me using the above contact Information. Appendix F-Template —Addendum-rev 10.18-18 0 Co ter County Procurement Services Division Date: April 19, 2022 Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239) 252-8944 Addendum #3 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation #22-7982 -10511 & 1061° Avenue North Public Utilities Renewal Project The following clarifications are issued as an addendum: 1. The following project permits have been uploaded: a. FDEP-105th & 106th Ave N_Sewer_Exemption b. SFVRvlD_220301-33382 105th & 106th Ave_Exemption 20220401 c. SFWMD NP Master Dewatering 160725-5_Permit _20160923 . d. SFWMD NP-98-99th105-106th Letter Mod 04072022 2. The Contractor shall replace all signs with new signs, posts, and hardware to meet current Collier County and FDOT specifications/standards. All removed signs shall be returned to Collier County Traffic Operations at 2885 Horseshoe Drive South, Naples, FL 34104. 3. Contractor shall replace striping to meet current Collier County and FDOT specifications/standards; all striping shall be thermoplastic If you require additional information, please post a question on our Bid Sync (www.bidsyne.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above rer renced solicitation. rfiYl,�vYtcj ��i�,Ur� � aa- (Sienature) / Date a collier county Procurement Services Division Date: April 20, 2022 Email: @colliercountyfl.gov Telephone: (239) 252-8992 Addendum # 4 From: Cynthia McCann, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 Solicitation #22-7982 - 105th & 106th Avenue North Public Utilities Renewal Project The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: 22-7982 — Solicitation R 1 22-7982 - Supplemental Information RI Old Question Due Date: Api4l 22, 2022�-o�P-M New Question Due Date: April 29, 2022 5:00 PM New Due Date May 10, 2022 3:00 PM EDT If you require additional information, please post a question on our Bid Sync (www.bidsynacom) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 4L-201 a� Date (Name 0 collier county Procurement Services Division Date: April 21, 2022 Email:@colliercountyfl.gov Telephone:(239) 252-8992 Addendum # 5 From: Cynthia McCanna, Procurement Strategist To: Interested Bidders Subject: Addendum # 5 Solicitation #22-7982 - 105th & 106th Avenue North Public Utilities Renewal Project The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Addition: 22-7982 - Minimum Qualification Matrix If you require additional information, please post a question on our Bid Sync (www.bidsync.conr) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Naive Date 0 Co eDy county Procurement Services Division Date: 4/28/2022 Email: Cynthia.McCanna®colliercountyfl.gov Telephone: (239) 252-8992 Addendum #6 From: Cynthia McCann, Procurement Strategist To: Interested Bidders Subject: Addendum #6 Solicitation #22-7982 105" Ave North and 106°i Ave North Public Utilities Renewal The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Pre -Bid Sign in Sheets If you require additional information, please post a question on our Bid Sync (www.bidsync.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 solicitation. I , 0 Email: Cynthia.McCann®colliercountyf ,gov Co 7B'Y County Telephone: (239) 252-8992 Procurement Services Division Addendum #7 Date: 5/5/2022 From: Cynthia McCann, Procurement Strategist To: Interested Bidders Subject: Addendum #7 Solicitation #22-7982 1051 Ave North and 106" Ave North Public Utilities Renewal The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Stttnmruy ofOtteslions andAnsrpers Question 1: Any plans Answer: See Addendum #1 attached. Question 2: Who is in charge of the Quality Control Testing agency? Prime or Owner? Answer: The contractor is responsible for the Quality Control Testing Agency. Question 3: Can you please clarify the specification on the root barrier? What is the "4 inch (Minimum) reinforced subgrade curb" in reference to? Answer: If it is directed by the County to place root barrier, the root barrier shall be 4-inch (minimum) reinforced subgrade curb (concrete) root barrier or an alternate root barrier panel that is submitted by the Contractor and approved by the Engineer Question 4: Missing Pay Items — Per the phasing plan, as each block's pipe installation is completed, and the road is restored to the fast lift of asphalt there is a period of time with no pay items. There are no pay items for the grading ($180,000 est.), sod ($290,000 est.), and irrigation repairs ($186,000). Incidental costs of $556,000 are too significant to not separate out and reduce risk to Collier County. Without these separate pay items, a Contractor might not include the costs and/or could be forced to put the costs in an item that might be eliminated. A lump sum sod (type not defined) pay item would be paid Twenty Five Percent (25%) at the completion of each phased block, Can Collier County please add a lump sum pay item to cover the costs of the sod and its establishment? Answer: No Question 5: A lump sum grading over storm pipe pay item would be paid Twenty Five Percent (250/0) at the completion of each phased block. Can Collier County please add a lump sum pay item to cover the costs of the grading over the storm pipe? Answer: No E, L J Question 6: A lump stun irrigation restoration pay item would be paid Twenty Five Percent (251/o) at the completion of each phased block. Can Collier County please add a lump sun pay item to cover the costs of irrigation repair? Answer: No Question 7: It appears the anticipated project budget of $18,000,000 reflects most of the extraordinary cost increases since the previous Naples Park project bid in 2020. Unfortunately, the market still hasn't stabilized and there is a continued 8% annual inflation and pipe prices and shortages that are still a volatile dynamic issue (50-70% annual increases and 6-month lead times). Pipe suppliers are currently holding prices for only 48 hours and will only determine final pricing at delivery. Just the pipe material could increase over $1,000,000 before the project even starts. Unfortunately for Contractors we can no longer say we are in unprecedented times. Since July of 2021 it is obvious to all Contractors that there is extreme price volatility that needs to be anticipated in our unit prices. Therefore, it will be nearly impossible to make a claim against the owner for cost increases. To create a level playing field, can Collier County confirm that the Contractor will be responsible to absorb all cost increases? Answer: The contractor has to account for market volatility. Question 8: There is a surprisingly high-water table in Naples Park. The water table varies between an elevation of 5.0 to 7.0 depending on the rainy/dry season. The existing grated storm inlets at the 8th St N intersections are a good place to inspect the current water elevation, during rainy season the water table is above the top of the 72" RCP pipe. The high-water table creates extensive dewatering ($720,000). A lump sum pay item can be used to affirmatively pay the Contractor for all dewatering. Twenty five percent (25%) of this dewatering pay item would be paid as each block is completed. Can Collier County please add a lump sum Dewatering pay item to this project? Answer: No Question 9: Can you provide a detail for the catch basins with weir plates? Answer: Catch basins with weirs shall be precast 4,000 psi concrete structures with a 4-inch-thick concrete weir wall (where weir wall heights exceed 5 feet, shop drawings for the wall reinforcement must be provided before casting). All catch basins to be constructed per FDOT standards and shall include a 2-foot sedimentation sump. Question 10: The solicitation states "Prices good for: 180 days." In normal times the 180 days might be reasonable. Unfortunately, due to continued material cost increases as well as material shortages outside the control of the contractor these are not normal times. Can the 180 days be lowered to 90 days? Answer: In the bid process, bids are held for 180 days. Once a contract is awarded, the Construction Services agreement which can be view in Bidsync has provisions that address this, specifically section 9.3 Question 11: The answers posted to the contractor questions increase the costs and risk on this project. To make sure all contractors affirmatively acknowledge seeing the questions and answers can Collier County please issue an addendum (with all questions and answers) once the question - and -answer period is closed? Answer: Yes Ct`� Question 12: To ease the concerns of our bonding company we will need to add large contingency amounts to our bid to account for continued material cost increases as well as material shortages outside of our control. Can the current anticipated project budget of $18,000,000 be raised 15% to account for these factors? Answer: No Question 13: The 420 days for substantial completion is already aggressive, especially considering the phasing requirements which require restoration is completed as the project progresses. With the current material shortages, the 420 days is even more aggressive if not impossible. Can the substantial completion duration of the project increase by 90 days to 510 days? Answer: No Question 14: As a contractor currently doing projects for Collier County we are at a disadvantage since we clearly know Collier County's position on material cost increases. Contractors that work for private developers or other public agencies have received financial and strategic help with the material increases and shortages. The developers/agencies that have offered financial and strategic help have kept their projects moving and have made it even harder on Contractors doing work for public owners that are not partnering on this issue. It's our understanding that Collier County has been consistent with all contactors and pipe distributors in not compensating for cost increases. To create a level playing field, can Collier County provide various copies of letters sent in response to contractors and pipe distributors requests for material cost increases on current projects? Answer: Here is the pertinent language from the letters: Please be advised that the force majeure provisions in the Agreement do not provide for reimbursements due to market fluctuations in price but merely provides for the allowance of additional time based on interruptions of work due to unforeseeable causes. Any reference to cost impacts is misplaced because under the agreement you signed with the County, only time extensions, when warranted and supported by appropriate documentation can be considered per the language of the Force majeure clause. Moreover, the agreement also has an applicable No Damages for Delay Causes. Florida law has generally held that an impracticability of performance defense is inappropriate even where costs increased due to an extreme situation such as an energy crisis. In addition, the comments to the Restatement (Second) of Contracts A§ 261, further notes that "mere market shifts or financial inability do not usually affect discharge" of performance. A purchaser has a right to rely on performance regardless of what happens to the market price. In short, the fact that performance has become economically burdensome or unattractive is not sufficient for performance to be excused or the agreed upon price to be increased. Florida courts are reluctant to excuse performance that is not impossible but merely inconvenient, profitless, and more expensive Question 15: In the drawings there are modifications shown to Sanitary MH's SMH-12 (Sheet 11) and SMH-27 (Sheet 20). Can pay items be added to account for this work? Answer: Pay item 3.7 for connecting new gravity sewer to existing manholes, this item includes the modifications to the existing manholes. Question 16: The minimum qualifications are worded in a way that cater to a select few contractors and prevents other well qualified contractors from bidding this project. Will the County consider revising the minimum qualifications to the following? 1.) Minimum contact value of $3,000,000. 2.) Within a built out residential neighborhood (not a new development). 3.) Within a ROW width of 60 feet or less. GAV 4.) The installation of potable water mains (6-inches or larger) and associated water services per each similar project. 5.) The installation of sanitary sewer mains and associated sewer laterals per each similar project. 6.) The installation of Stormwater• piping (I5-inchesor larger) and associated structures and swales per each similar project. 7.) Rebuilding of roadways. Answer: No Question 17: Can the County please clarify why the Minimum qualifications changed? Was there a question asked that is not posted on the Q&A's? Please advise. Answer: All questions received have be posted in Bidsync. The FOR recommended these qualifications because of the following: o Qualifications are consistent with similar County projects; o Lessons learned from previous similar County projects; If you require additional information, please post a question on our Bid Sync (www.bids, nLc corn) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above solicitation. (Name -64-4� Date 0 FORM I - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 105th Ave North and 106th Ave North Public Utilities Renewal BID NO.22-7982 Full Name of Bidder Douglas N. Higgins, Inc, Main Business Address 3390 Travis Pointe Rd.. Ste. A. Ann Arborr. MI 48108 Place of Business 4485 Enterprise Ave., Naples, FL 3,1104 Telephone No. 239-774-3130 Fax No. 239-774-4266 State Contractor's License # C00060189 State of Florida Certificate of Authority Document Number 830666 Federal Tax Identification Number 38-1807765 DUNS # 01-722-2183 CCR# Cage Code OVD82 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents_, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shnll be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantity. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 04152022 CAO Successful Bidder 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 Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner, Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement dale stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and twenty (420) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Ownerwithin thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and aclurowledged by an Authorize Agent Signature:_ &yyl Title: .V ice President Date: May 10, 2022 Construction Solicitation Doc rev 04152022 O Gt,O FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJLCI 105th Ave North and 106th Ave North Public Utilities Renewal Naive James Nelson Michael Lobello Construction Solicitation Doc rev 04152022 Bid No. 22-7982 Personnel Category Construction Superintendent Project Manager FORM 3 -MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured ]it the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shell furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company:- I?oiiglasN. Higgins. i1n/c �r � ,LC"� 1 Signature: a, Vv`�`�r�_- Date: 5/10/22 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 2. 3. 4. 5. Please insert additional pages as necessary. Company: Date Construction Solicitation Doc rev 04152022 a FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined In the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Asbestos Removal Y eel — AR 2. Mechanical t YM 3. Paving— Lf 4. Site Work 1 r r' rs 5. Identify other subcontractors that represent more than 10% of price m• that affect the critical path of the schedule Company: Signature: Construction Solicitation Doc rev 04152022 e: S/10/22 CPO FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. REMOVE RED TEXT IF NO SUPPLEMENTAL REQUIREMENTS EXISTSEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Srq)plenrenial Qual>ncations takes precedence, should there be conflicting language ivilh this fornc) The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I. 96th Ave, N. Public Utilities Renewal (project name) 96th Ave. N., Naples, PL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install IV and 24" HDPE stormwater pipe, rebuild roadway, (project description) Collier County Public Utilities (project owner) 3339 Tamiami Trail E., Ste. 303, Naples, FL 34112 (Owner's address) Diana Dueri PMP (Owner's contact person) (title) 12/10/19 - 04/08121 $4,729,539.92 239-252-4218 Diana.Dueriacolliercountyfl.gov (project start/completion dates) (contract value) (phone) (email) 2. 95th Ave. N. Public Utilities Renewal Collier County Public Utilities (project name) (project owner) 95111 Ave. N, Naples, FL 34109 3339 Tamiami Trail E, Ste. 303, Naples, FL 34112 (project location) (Owner's address) Install new 8 inch water main, 8 inch sewer pipe, install 18" mad 24" HDPE stonmvaler pipe, rebuild roadway, Corinne Titan PMP (pi ject description) (Owner's contact person) (title) 06/26118 - 01110/20 $ 1444.92000 239-252.4233 Corinne.TrianAculliercounty0.aov (project start/completion dates) (contract value) (phone) (email) 3. I10th Ave. N. Public Utilities Renmsal (project name) 1101h Ave. N, Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install I8' and 24" HDPE stormwater pipe, rebuild roadway, (pPNject description) 2/28/17 - 4/20/18 $4,746,981.89 (project start/completion dates) (contract value) Construction Solicitation Doc rev 04152022 Collier County Public Utilities (project owner) 3339 Tamiami Trail E, Ste. 303, Naples, FL 34112 (Owner's address) Michael Stevens SPM (Owner's contact person) (title) 239.252-2589 Michael Stevensecolliercountva.eov (phone) (email) LSO FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. 107111 Ave. N. Public Utilities Renewal (project name) 1071h Ave. N., Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install 18" and 24" HDPH slormwaler pipe, rebuild roadway, (06ject description) 2r18/17-4/20/18 $ 3,2791 1635 (project completion date) (contract value) 5. MPS 306 Force Main -Phase III/Naples Manor Water Main - Phase 2 (project name) Naples Manor (project location) Install 8" water main, valves, hydrants, new water services & back0ow devised, Install 24" force (proact description) ain,'ack g bor , resiore std'ewalks, roadway, drive% y and Ianrfscapmg Collier County Public Utilities (project owner) 3339 Tamiami Trail E., Ste. 303, Naples, FL 34112 (Owner's address) Michael Stevens SPM (Owner's contact person) (title) 239-252-2589 Michael.StevensQcolliercounty0.kov (phone) (email) Collier County Public Utilities (project owner) 3339 Tamiami Trail H., Ste, 303, Naples, FL 34112 (Owner's address) Wayne Karlovich, PE SPM (Owner's contact person) (title) 1/9/2017 $ 1,524,244.52 239-252-5372 Wayne.Karlovich(4colliercounty0.gov (project completion date) (contract value) (phone) (email) Company: ou las N. Higgins, Inc. Signature: Construction Solicitation Doc rev 04152022 Date: 5/10/22 �!\ {(� §){ ! f f }.� %{| a E. {)\ \\) � ]5 § 7. \ ® § - ) i3 ` 10 k� \\ \\ \\ W P L CO W 4—, CS* O W, 3 O N Q o- C �U E5.n a --a L � ca Q C 9 O N w U U) QO U O to to m N: Ni m'. p. M- 0 � N rn p � O 'xdx � W 0 N n` 0 O' o m J p O � N c a a E E IIs I 3 � \ ul; \ % § _ Ix� \ IN zz \ \ . 4.1 ' @ § \a j � R ) � �� \. - \ \ 0 ; } \_®\ kto0 c o ®ma« 2)m3 o 7°M§ 3 j ao Mm NdK6%ffiYBY £�6R}S}SS`Y/dYR`t4�h\C@NS>" � L I_ 7 L Y V� v j tom. t u .. 1 N jss:. .F I I h ® N Ij•' U OF QJ � N Cc Qj Q�j s - cc IA 0 \ W Ol M ., sy.l 0 boo 13. L IA Q UA Qj � O ��,qa o \d � f •if«\ LLS o I `A 1 I L, �OP ® v u o a Lu o o m m ® m o zLL 0 L LU z o 0 O N m N o Lp N \ � N C O i \ O o v a o t a �.v o �UCL o U N �§ mth..:�) � f 2\ r WN N I � N N No N N N � 61 O J N N W 0 �k i 0 m m :3 v o a c a a` 0 a U � l 1 UA q9 d W LLI w z LS O N !i, z u V) Pi u PC tn z La LU z P C.d uj r r , , L - u z �uCa Ch -I N N No p N al O 2, N 0 # 0 O m m U CL a U MON ff: N � U Sk ti N O O N 00 N \ 01 o 10 N e I O LO o O N U N ,d c Q U L� IFINk MIN c:a u r—I N N N O Q N O O p m # m U a)t U L : O W o -.p U " a U FORM 6- TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cos Measure Measure anti Cos (Description) F SY I. Irent�ti �1ok LF Pv 000 IO.oa o 2. X t ODD f S. ot0 $ IOa 006 ' 3. 9, 00o 4 .00 3A boo ' 4. 5. Company: .. Dou las N. Higgins, 1 - Signature: Construction Solicitation Doc rev 04152022 TOTAL $ T3-q OOD Date: SZIQL22 FORM 7 - BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins. Inc (herein after called the Principal) and Hartford Accident & Indemnity 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 Collier County Board of County Commissioners (hereinafter called the Owner), In the full and just sum Of Five percent of the attached hid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 22-7982105th Ave North and 106th Ave North Public Utilities Renewal. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or ContractDocuments with good and sufficient surety forthe faithful performance ofthe 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 remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed -this 3rd day of May 2022 Douglas N. Higgins, Inc. Principal M Countersigned (Seal) Surety (Seal) Appointed Producing Agent for Hvlant Group 24 Frank Lloyd Wright Dr P.O. Box 541 SuiteJ4100 Ann Arbor, MI 48106 FORD POWER OF ATTORNEY TONE THE HAP2T BOND, T•12 Plus One Hartford Plaza Hartford, Connecticut 08166 B ond.clalmsAthehertford.com call., 808-206.3480 or fax: 860-757.5835 KNOW ALL PERSONS 13Y THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC Aaenov Codefs): 36.351680, 36.350851, 81461273 XQ Hertford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut )( Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under die laws of the State of Conneotiout Q Twin City Fire Insurance Company, a corporation duly organized underthe laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of die State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized underthe laws of the State of Florida navmg meu• name omcs in namom, uonnemmut, (nerelnatter conecuveiy reteneo to as the "Companies") do hereby make, constitute and appoint, up 10 the amount of unlimited: Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant Jamie Laurencelle, Krlstle A. Pudvan, Use M. iMlmot Judy K. Wilson, Kathy S Zack, Terri Mahaklan their true and lawful Attomey(ayin-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 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. 2018 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. 010,; r)e""'""lree�1P t�m.aez041w\941,a,�/ 4 Shelby Wlggine, Assistant Secretary Joella L, LaPlerra, Assistant Use President STATE OF FLORIDA ss. Lake Mary COUNTY OFSEMINOLE On this 20th day of May, 2021, before me personally came Joelle L. LePlene, to me that (s)he resides In Seminole County, State of Florida; that (a)he to the AssistentVlce President executed the above Instrument; that (s)he knows the seats of the said corporations; that the as that they were so affixed by authority of the Boards of Directors of said corporations and that (s)h who being by me duly sworn, did depose and say: :ompanies, the corporations described in and which ad to the said Instrument are such corporate seals; t his/her name thereto by like authority. lessios Ciocone My Commission NH 122260 Expires Joao20, 2025 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power of Attorney executed by sold Companies, which is still In full force effective as of 1g .. 3, apa-�j Signed and sealed in Lake Mary, Florida. y 4e.u4a nWayy•. f(I's Sean !; la79�A7 k"-t06 Via• / Keith D. Dozois, Assistant Moe President FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain properly insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read; For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles wider any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor fiom its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the till extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(sl required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages) and charge the Vendor for such coverage,(s1 purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(ss shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. CpO Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. M Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide proof of exemption. An application for exemption can be obtained onlineat httt)s://api)s.fl(ifs.com/bocexempt/ 2. M Employer's Liability $_1,000,000_ single limit per occurrence 3. M Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury Li current ISO form ability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. M Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and 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 Contractor/Vendor in the performance of this Agreement. 5. M Automobile Liability $ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included G. M Other insurance as ❑ Watercraft $ Per Occurrence noted; ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence • ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services tinder this Agreement. $ Per Occurrence M Pollution $1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence . ❑ Technology Errors & Omissions $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a stun equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank Or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the repotted policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. N 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. N 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. N The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. N On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. N Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG — 3/28122 Vendor's Laurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of awad. 0 1. Co yen coul ty Procurement Services Division FORM 9 - CONFLICT OF INTEREST AFFIDAvrr The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition fit favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to Information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the pastor currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having on organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose am organizational conflict. DouglasN Nfggfns. Inc Company Name Signature Kelly. A. Wilkie, VP Print Name and Title State of Michigan i County of Waslitenaw The foregoing instrument was acknowledged before me by means of Tphysical presence or ❑ online notarization, this 10th day of May (month), 2022 (year), by (name of person acknowledging). ignatu of Notary Public- State of No}ida)Michigan David T Wilkie (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Personally Known Type of Identification Produced '' DAVID J. WILKIE Notary Public, Michigan County of Washienaw My Comm. Expires 05120/2024 CPO Collier County Procurement Services Division FORM 10 - VENDOR DECLARATION SfATEa'IENf BOARD OF COUNTY CONWSSIO Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that Is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this IOth day of may 20y2in the County of Washtenaw , in the State of Michigan Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code "Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Douglas N. Higgins, Inc. Naples, FL 34104 830666 OVD82 239-774-3130 kwilkie2000 t(Ii cinhieeins.com Kelly A. Wilkie, Vice President Additional Contact Information CAO Send pnyments to: Douglas N. Higgins, Inc. (required if different Company name used as payee from above) Contact name: Daniel Higgins Title: President Address: 3390 Travis Pointe Rd., Ste. A City, State, ZIP Ann Arbor. MI 48108 Telephone: 734-996-9500 Email: DanHadohiggins.com Office servicing Collier 4485 Enterprise Ave., Naples, FL 34104 County to place orders (required if different from above) Contact name: MikeLobello Title: Regional Manager Address: 4485 Enterprise Ave. City, State, ZIP Nantes. FL 34104 Telephone: 239-774-3130 Email: MikeLQdnhiggins.conn Secondary Contact for James Nelson, Superintendent this Solicitation: Email: JimmyNQdnhiggins.com Phone: 239-253-3801 GpO co'LLiev County Procurement Services Division FORM 11 - IMa'RGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be emolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes 6448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Douglas /N.. Higgins. Incl., Company n Signature Kelly A. Wilkie, Vice President Print Name and Title State of Michigan County of Washtenaw The foregoing instrument was acknowledged before me by means of physical presence or O online notarization, this loth day of May (month), 2022 (year), by liv(name of person acknowledging). 'Ogriati&of Notary Public k- State of Faorada)Michigan David I Wilkie (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Personally Known Type of Identification Produced DAVID J. WILKIE Notary Public, Michigan Countyol Washlenaw My Comm. Expires 05/20/2024 0 -W_7F Company ID Number: 364882 f._ To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page, If you have any questions, contact E-Verify at 888-464-4218. Employer Douglas N. Higgins, Inc. Suzanne Hawker Name (Please Type or Print) Electronically Signed Ille 10/15/2010 Signature ate Department of Homeland Security— Verification Division SCIS Verification Division Name (Please Type or Print) Electronically Signed Tills 10/15/2010 Signature Date Information Required for the E-Verify Program Information relating to your Company, Company Name: Douglas N. Higgins, Inc. Company Facility Address: 390 Travis Pointe Rd. Ste. A Ann Arbor, MI 48108 Company Alternate Address: County or Parish: NASHTENAW Employer Identification Number: 381807765 Page U of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify -� (T Company ID Number: 364882 North American Industry Classification Systems Code: 237 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: Axe you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: • MCHIQAN 1 site(s) • FLORIDA 3 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Kelly Waldo Telephone Number: (734) 996 - 9500 Fax Number: (734) 996 - 8480 E-mail Address: ]nvillde20OO©yahoo.com Name: R Suzanne Hawker Telephone Number: (734) 996 - 9500 Fax Number: (734).996-8480 E-mail Address: rshawker@ynhoo.eom Page 13 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless It Is made on unfiltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2, The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contactors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) If. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k, Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. I. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (mylloridalicense.com) (ie: General Contractors license, Underground Ulilily and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. 0 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 000464 COLLIER COUNTY TAX COLLECTOR - 2500 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104. (236) 252.2477 VISIT OUR WEBSITE AT: www.colifertaxoolledar.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2022 LOCATION: 4485 ENTERPRISE AVE ZONED: INDUSTRIAL LIC 1541 BUSINESS PHONE: 774-3130 STATE OR COUNTY LIC #: CG C060189 1-10 EMPLOYEES V CLASSIFICATION: 05-GENERAL CONTRACTOR CLASSIFICATION CODE: 05100101 This document Is a business tax only. This Is not certification that Ilcen R It does not permit the licensee to violate any existing regulatory zoning lad s nor does it exempt the licensee from any other taxes or permits that may be DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. N, FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, DOUGLAS N. HIGGINS, INC DANIEL N ERPRISE AVE FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 07/22/2021 AMOUNT 18.00 RECEIPT 500-22-00073991 �O� y10.n.PiCGVtinP/fi 0 Sedde of'Florido7 DepargITf�/l1 calf' g ®�i�f�ode I certify from the records of this office that DOUGLAS N. I-HGGINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The document number of this corporation is 830666. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on January 4, 2022, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my (rand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Fourth day ofTanu ny, 2022 t�4' Kr't - Secretapy of State Tracldag Number: 5629524288CC To autheaticnte this certiticate,visit the following site,enter this number, and then follow the instructions displayed, https:llsewices.sunbiz.m•gtPilings/CeitiacntoOfStatusICerliricateAuth en ticntion 6110/22, 8:59 AM Detail by Entity Name DIVISION OF CORPORATIONS JI'mi(x1 r/j. .org Co'- as ,fill fill 'drru„l /dnri,ln u,dritr Department or State I OWlsion of COmefallOn3 I Search Records I Search by�Y N� / Detail by Entity Name Foreign Profit Corporation DOUGLAS N. HIGGINS INC. EW13g Information Document Number 830666 FEIIEIN Number 38-1807765 Date Filed 08/0111973 State MI Status ACTIVE Principal Address 3390 TRAVIS POINTE RD SUITE A ANN ARBOR, MI 48108 Changed: 01/25/2000 Mailing Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Changed: 01/25/2000 Etfigistered gent Name & Address CF REGISTERED AGENT, INC. 100 S. Ashley Drive Suite 400 Tampa, FL 33602 Name Changed: 02/08/2016 Address Changed: 03/0912016 OfficerlDirector Detail Name & Address Title Asst. Secretary Ludwig, Tamara J 4465 Enterprise Avenue Naples, FL 34104 CAO https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDotali?inquirytype=EntityName&dlrectionType=lnitlal&searchNameOrder-DOUGIA... 1 /3 6/10122, 8:59 AM Detail by Entity Name Title VP, Executive Secretary, Treasurer WILKIE, KELLY A 3390 TRAVIS POINTE RD SUITE #A ANN ARBOR, MI 48108 Title President HIGGINS, DANIEL N 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title VP, Secretary Wilkie, David J 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Vice -President DeLuca, Matthew T 5355 McIntosh Road Suite E Sarasota, FL 34233 Annual ReRQQq Report Year Filed Date 2020 01/06/2020 2021 01/09/2021 2022 01/04/2022 01/04/2022 --ANNUAL REPORT View Image in PDF format 01/09/2021 --ANNUAL REPORT View image in PDF format 01/06/2020 --ANNUAL REPORT view Image In POF format Ot/07/2019 --ANNUAL REPORT View Image in PDF formal 04/23/2018 --AMENDED ANNUAL REPORT View Image In PDF formal 01/0812018 --ANNUAL REPORT View Image In PDF format 08/24/2017 --AMENDED ANNUAL REPORT view Image in PDF format 01/06/2017 -- ANNUAL REPORT View Image in POF formal .I 01/0712016 -- ANNUAL REPORT View Image In PDF formal 01/07/2015 --ANNUAL REPORT view Image In PDF formal 01107/2014 --ANNUAL REPORT view Image In PDF format 07/01/2013 --AMENDED ANNUAL REPORT View Image In PDF formal 01/08/2013 -- ANNUAL REPORT view Image In POF format 01/17/2012 -- ANNUAL REPORT View Image in PDF format 02/10/2011 —ANNUAL REPORT Vlew Image In PDF format https:llsearch.sunblz.orglinquiry/CorporationSearchl8earchResu[tDetail7inquirytype=EntityName&directionType=lnitlal&searchNameOrder-DOUGLA... Lo 2/3 6/10/22, 8:59 AM Detail by Entity Name 01/04/2010 --ANNUAL REPORT 01/20/2009 -- ANNUAL REPORT 01/07/2008 -- ANNUAL REPORT 01/17/2007 -- ANNUAL REPORT 01/17/2006 — ANNUAL REPORT 01/19/2005 -- ANNUAL REPORT 02/02/2004 —ANNUAL REPORT 05127/2003--Reg.Ag n Cha gg 01117/2003 -- ANNUAL REPORT 02/04/2002 -- ANNUAL REPORT 01/22/2001 --ANNUAL REPORT 01/25/2000 -- ANNUAL REPORT 02/2211999 -- ANNUAL REPORT 01/26/1998 -- ANNUAL REPORT 02/03/1997 -- ANNUAL REPORT 01/26/1996 --ANNUAL REPORT 01/25/1995 -- ANNUAL REPORT View image in PDF formal View Image In PDF format View Image In PDF format View Image In PDF formal View Image in POF format View Image In PDF format View Image In PDF formal View image In PDF format View Image in PDF format View Image In PDF format View image In PDF format View Image In PDF format View Image In PDF format View Image In PDF format View Image in PDF format View Image In PDF format View Image In PDF formal Florida Department of Stete, DVbinn of Corporations https:llsearch.sunbiz.org/Inquiry/CorpomtionSearch/SearchResuliDetall?inqulryype=EntiyName&directlonType=lnitlal&searchNameOrder—DOUGLA... 310 ON 01 =u 0 A LL LL 0 Lei (1) z 0 eJ LLI z 0 LLI U. 0 z LLI z LL 0 z lsSm lk1-1 U') LU I-- D N O CN V4 Cl) s r`7'f � llo Request for Taxpayer Give Fonntothe Form Ideprtlfflcat0®ro NtArraberr and Celrtlffleetl®ro rsquoster. Do not (flew. Dotobor2018) Oepail ieni or the Treasury Internal Revenue Sebilea •1,- P Go to wwwJr-egoylFonnWa for Instructions and the latest information. send to the IRS, t Name(ae shownon.your income taxrelurn). Name is required on this line; do not leave this line blank. Douglas N, Higgins, Inc. 2' BuseidsorfNheldlsregaMed entity namo, If dilemht from cows of a CheckappiopRAts bok lot le8eralfwt classification of the Person Whose brine is splayed on lino 1. Check only one of the 4 Exemption; (codes apply only to following cause boxes, certain entities, not IndNiduals; see n p ElIndIviduallsole proprietor br 0 CComoratloo ❑SCorporallon ❑ Perhlelshlp ❑Tinstmatele Ihslhicllons on page 3): vd' single -member LLO Exempt payee code (if any) o Q Llmitsd lfablllt company. Enter the tax 0F0 corporation, S=S'dof omlion, P-Parinershf b d Y P 0Y• ( P A P) 0 2 Note: Ctfecu the aparlate box In tgd.)Irta enoye forthe fax alossigcegon of the singie-member owner. Do not oheek LI_C If the LLC lsplasel led Eke a single -member LLC that is disregarded from the owner unless the owner of the U-Cis Exemption from FATCA reporting .1= another Lt_b that is not disregarded from the ogler for U.S. federal I= purposes. Otherwise, a aingla-member LLO that cado fan k Is disregarded tram the ofwtorshould check Ifie appropriate box for Ihalax ctasshfealion of Its owner. y ❑ Other ('see Inslrwife Ib (Fnpa•,•eaw,xemturea•owua.an as) No' 6 Address(numbpnstmek and apt. or alone no.)Sea lnshuctiens. Requester's name and address(opilonat) 3390 TrBfds Pointe Road, Stiitb A 0 Oily, stdte, said 21P code Ann Arbor, MI.98108 7 Llpt account nambei(s)hara (oplicnaD Taxpayer.identificatibn Number IN) Enter your TIN In the appropriate_ box. The TIN provided musl'matoh file liable giveg on line 1 to avoid I Social securitynumber baoltuplrvithholding. Forind(viduals, title is generally your soolal secudlynumber (8SN). However, tot a m resident alfen, solo proprietor, or disregarded sillily, see fhe inshuotlons for Part I, later. For other enflliesit is vour emolover Identification number (EINI. If von do not have a number. see Nowdo pets TIN, later.... Note: If the aacooit is In morp than one name, seethe Instructions for lino 1 Numbeft-To Give the Requester for g}fidelihea on whose humber to enter. ' Also see What Name and 1. The number shown on this form Is my correct taxpayer identifi0ailon number (or I am walling for a r amber to big lasped to Tme);,and P. I am not3,b eat to Mellon withholding because: (a) Lain exempt'frora backup. withholding, or (h) I hale not boen notified by the Internal Revenue Seryios (If#S� ihat I am eub)ect to backup withholding as a result of a (allure to report all interest or dividends, or (a) the IBS has notified me that I am no longer subject In. backup withholding; and 3, lain a U.S: cllizen or other U.S, person (defined Mobil; and 4. The FATCA codes) entered on tbfs form (If any) indicating ]hat I am exempt from FATCA reporting Is correct. Certification]nsinfatlons. You mast oloss, opt Item 2 above d you have beep notified by the IRS that you am currently subject to backup withholding because you have failed to repoit ail Interest and dividends o0 your lax retuur. For real ostaletrimsactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of manned propetty, pancellation of debt, conlrlbu fans {o an individual retirement arrangement (IRA), and generally, payments dhef than Interest and dividends, you are not rdquiredto sign the certifioatlon, tut you must provide your correcl TIN: See the InsbAct(ons for Part 11, (Etter. Sign I signoerson ]A.bali.l a. , tA.'(�rif tA.t_page, Here Us.aersonp > General Ingtruttlons V Soctlonrefdrancbs are to the Internal Revenue Code unless othdrwlse noted. FNture developments. For the latest Information'about developments related 0 Penal W-1) and Its Instructions, such as leglshIg6re elected anerthey warp published, go io tvwwJrs•gov1FormW9. Purpose of Form ..1n Indlvldual or on (Fond W-9 requestorj ivfi0 a reels rbd to Zile an Information return Ih the IRS must obtain your oorreottexpayer IdentifioatloIt number (TIN) which may be your social security number (SSN), individual taxpayeridanthloation number (ITRO, adoption taxpayer Identill. I num6ar.(ATIN), or employer ideniifloe8on number (FIN), to report an an infotmEffort return the amount paid to you,.or other aniouM reportable on an information filings. Examples of Information tofu' *9 include, put arh not)knited to, the followlnb. • Form 1099-INT (interest earned or paid) • FArm 1099-DIV (dividends hiotlift9 those from stooks or mutual funds) • Form I099-1018(1(various typed of income, prizes, awards, or gross proceeds) • Form 1099-0 Istock'or mutual fund sales and certain other transactions bybrokera) • Form 1099-S (prgoesds from real estate transactions) • Form ION<(meroha0t card Anil third party network transactions) • Fomn 1098 (home mortgage, interest), f098-E (student loan interest), 1090 T (tultlon) • Forin 1099.0 (canceled debt) • Form 1099-A (acquisitlon'dr abandonment of secured properly) Use Form W-9 only If you are a U.S, person (Including a resident allen), to provide -your correpl'hN. if you do not return Form W-s in the requester with a TIN, you might be subject to badlrup withholding. Sae What Is backup withholding, later, .cal. No. 10231X Fella tftf-9 (Rev. 16-2018) IF E) U) Florida Department of Transportation RONDESANTIS 605 Suwannee Street ICEVIN J. THIDAULT,P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY August 2, 2021 DOUGLAS N. HIGGINS, INC. 3390 TRAVIS POINTE ROAD ANN ARBOR, MICHIGAN 48108 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 9/30/2022, However, the new application is due 7/31/2022. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://Edotwpl.dot.state.fl.us/Contractorilrequalification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, GRADING, MINOR BRIDGES, R&R MINOR BRIDGES, UNDERGROUND UTILITIES, WATER MAINS, FORCE MAINS, PUMP STATIONS. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work'is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA:cg Sincerely, ,A&.VlT.4 Alan Autry, Manager Contracts Administration Office Improve Safety, Enhance Nlohillfj; Inspire Innovation www.fdot.gov i;Ao EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name James Nelson Michael Lobello Personnel Category Construction Superintendent Project Manager to construction services Agreement: [2022_ver.2] a EXHIBIT B-1: PUBLIC PAYMENT BOND ITB# 22.7982 Bond No. 35BCSAQ4405 Contract No. 22-7982 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hart or Accident an Indemnity Company as Surety, located at One artforcdPlaza ar or T� 55 (Business Address) are held and firmly bound torheBoard ofCounty commissioners orCollier County, Flas Obligee in the SUM Of Sixteen Million Eight Hundred Six Thousand Four Hundred and Ten Dollars ($16,806,410.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 with Obligee for 105th Avenue North and 106th North Public Utilities Renewal ITBx22-7982 In Collier County, Florida accordance with drawings and specifications, which contract is Incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains In full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of June 2022 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body, 11 Construction Services Agreement: 12022_ver.21 0 Signed, sealed and delivered In the presence of: 2S ne se as to Principal STATE OF Michigan COUNTY OF Washtenaw PRINCIPAL Douglas N. Higgins, Inc. NAME: Keiy A. Wilt ITS: Vice -President The foregoing instrument was acknowledged before me by means of IN physical presence or ❑ online notarization, this I'th day of June 20 22 by Kelly A.Wilkie as Vice -President of Douglas N. Higgins, Inc. a Michigan corporation, on behalf of the corporation. He/she is personally known to me OR has produced personallyknown as identification and did (did not an My Commission Expires: 05/2012024 DAVIDJ. WILKIE Notary Public, Michigan County of Washlenaw My Comm. Expires M20/2024 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety David J. Wilkie (Legibly Printed) Notary Public, State of Commission No.: N/A SURETY: Michigan Hartford Accident and Indemnity Company (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: t2022_ver.21 ,'O ly NC t(Li�)i '"— Witnesses _ itnesses Heidi Pattenaude STATE OF Michigan COUNTY OF Washtenaw in Fact er of Attorney) Laurencelle, One Hartford Plan Hartford, CT 06115 (Business Address) 888-266-3488 (Telephone Number) The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 13th day of June 2022 by Jamie Laurencelle , as Attorney -In -Fact of Hartford Accidentand Indemnity Company, a Connecticut corporation, on behalf of the corporation. He/she is personally kpown to me OR has produced ersonally Known / as identification and did (did not) take an oath. My Commission Expires: "� W (Signature bf Notary Public) DAVIDJ. WILKIE David J. Wilkie Notary Public, Michigan Name: County of Washtenaw (Legibly Printed) My Comm. Expires 0&20/2024 (AFFIX OFFICIAL SEAL) Notary Public, State of: Michigan Commission No.: N/A 13 Construcllon Services Agreement: 12022_var.2] CAv EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB# 22.7982 Bond No.35BCSAQ4405 Contract No, 22-7982 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hartford Accident and Indemnity Company as Surety, located at ne ar or aza ar or ,'CT06115 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County,Fl, , as Obligee In the sum of Sixteen Million Bight Hundred Six Thousand Four Hundred and Ten Dollars 16,806,410.00 ) for the payment whereof we nona ourselves, our resentatives, successors and assigns, jointly and severally. executors, personal WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for 105th Ave North and 106th North Public Utilities Renewal ITB#22-7982 In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and It does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It Is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable In the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this Instrument this 13th day of June , 20 22 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: (2022 ver.2j C�v Signed, sealed and delivered In the presence of: STATE OF Michigan COUNTY OF Washtenaw PRINCIPAL Douglas N. Higgins, Inc. BY: L' gN1NY Kelly A. Wilkie The foregoing instrument was acknowledged before me by means of KI physical presence or ❑ online notari ation, this 13th day of June 20 22 by Kelly A. Wiie , as ice- rest ent a corporation. yknown an My Commission Expires: O5/20/2024 DAVID J. WILKIE Notary IJUbilc, Michigan 0OUBty Of Washtenaw fA @®mta, EyVms ordw2o24 (AFFIX OFFICIAL SEAL) Name: corporation, on twn to me OR has produced as Identification and did (did not) 4fif Notary Public) David J. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A 16 Construction services Agreement: 12022 ver.2l CAU ATTEST: Witnesses as to Surety Witnesses Heidi Pattenaude STATE OF Michigan COUNTY OF Washtenaw SURETY: Hartford Accident and Indemnity Company (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorne' n Fact (Attach PPower of Attorney) Jarrgi'e Laurencelle, Attorney -In -Fact (y (Prne arinte� Natto11nne� Or Plaza Hartford, CT 06115 (Business Address) 888-266-3488 (Telephone Number) The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this 13th day of June 2022 by Jamie Laurencelle as Attorney -In -Fact of Hartford Accident and Indemnity Comparty a corporation, on behalf of the corporation. He/she is personall nown to me OR has produced Personally Known as identification and did (did not) take an oath. My Commission Expires: bAVIG J. WILKIE Notdly Pp0110, MlChloon County of Waehtenaw My COMM Expirga 0r2p/2024 (AFFIX OFFICIAL SEAL) wI.ult. Notary ..David J. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A 16 Construction services Agreement: t2022 ver.2) CA�� Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 POWER OF ATTORNEY HartfOne ord, Connectcuatz06155 Bond. cla ims0theha rtford.com call: 888-266.3488 or fax: 860-767-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC Agency Code(s): 35-361588, 35-350851, 81-161273 Q Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut XQ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the Slate of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having mev name omce In Hamom, Connecticut, (neremater collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant, Jamie Laurencelle, Kristie A. Pudvan, Lisa M. Wlmot,Judy K. Wilson, Kathy S Zack, Terri Mahakian their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ®RN-"�' pus ' �:Jfr Ib.h4tZ LOoie.. .....• raMV �b..F` �rlaY •.s • m„yee♦s �•.nss.•I `C.. Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA SS. Lake Mary COUNTY OF SEMINOLE On this 201h day of May, 2021, before me personally came Joelle L. LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, Stale 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. ,�1RRr YijA� `♦ Yr♦- � 1 aq Y- JESsica Ciccone ,''OF faQ♦` My Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of June 13, 2022 Signed and sealed in Lake Mary, Florida. �aVr14 +. • �'��ya7roy. .9 ?ry,1999O Mt9ma k. Keith D. Dozois, Assistant Vice President EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance, The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County', or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must Identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due 17 construction Services Agreement: [2022 verll 0 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (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 Agreement: [2022_ver.2) 0 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor') releases and waives for Itself and It's subcontractors, material - men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated .20 for the period from to .This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owners payment to Contractor. (3) Contractor agrees to indemnity, 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 Contractors [monthly/final] Application for Payment No. . . CONTRACTOR L:YtI Witness ITS: DATE: Witness .0Z•l0i!FIVL•TCi President [Corporate Sea[] The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20_, by as Of a corporation, on behalf of the corporation. He/she Is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commissioner No.: 19 Construction Services Agreement: [2022_ver.21 AO 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: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Representative: Name Application Date: Contractor's Name & Address: Payment Application No. 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 Insert Date $ Retainage @ 5% through [Insert date $ Retainage @ _e/u after Insert date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment(s Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Completed to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full ail 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 [lens, 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. ontractor's Name onlractor s Signature: Date: ype Title: Shall be signed by an authorized representative of the Contractor. a ment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended by: Design Professional's Name: ignature: I Date: a mentto the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: wner's Project Manager ame: ignature: Date: 20 Construction Services Agreement: [2022_ver.21 N() '.EXHIBIT D (Continued) SCHEDULE OF VALUES -- _ •. - Protect Neme: Project Number: _ Dato:_- - Porlod To: I F _ RM NUMBER _ DESCRIPTION _ _ SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED &STORED TO DATE PERCENT COMPLETE BALANCE TORNISH 5% RETAIMCE _X RETAINAGE p.e.ew,ael TOTAL RETAINACE WITHHELD PREVIOUS APPLICATIONS THIS PERIOD T FTRu —DAT Ff aIWE DATE TOTALS I I ',•Eaplanatlon farthe tworo um�s�e7l�revlous ppllFatlons:'IheTh is where ll place alll�ormat on unt lfhe rontr lete unlessarelease or reduuclon or retalnage Issue comes Into play. If this happens, all information up to the date of the %change In retainage Is placed In the Thm Date column. Information after that date Is placed In the Since Date column. This states what has happened since the change In retelnage_ I 21 Construction Services Agreement: 12022 ver.2J 9 Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A B C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construction Services Agreement: I2022 ver.21 LAv EXHIBIT E: CHANGE ORDER Col l—+%wTsY Procurement Services Change Order Form ❑ Contract Modification ❑ Work Order Modification Contract#: Change#: Purchase Order#: Project Contractor/Firm Name: Contract/Project: Project Manager Name: Division Name: Current Contract/Work Order Amount _ SAP Contract Expiration Date (Master) _ Dollar Amount of this Change _ #DN/01 Total Change from Original Amount I Resed Contract/Work Order Total $ 0.00 #DN/01 Change from Current BCC Approved Amount Cumulative Changes 1 $ 0.00 #DN/01 (Chan a from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed � OriginalCompletion = Last Approved = Revised Date Date Completion Date Date (Indudes this change) # of Days Added Solegt Tasks ❑ Add now task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the lask(s) and / or the additional days added (If requested); 2.) why this change was not Included In the original contract; and, 3.) describe the Impact If this change is not processed. Attach additional information from the Design Professional andfor Contractor if needed. Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order Identified above and will be subject to all the same terms and conditions as contained In the contract Iwork order Indicated 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 settlement of any and all claims of the Contractor / Vendor / Consultant I Design Professional arising out of or related to the change set forth herein, including claims for Impact and delay costs. Accepted by: (Contractor/ Vendor Consultant I Design Professional and Name of Firm,'d project applicable) Accepted by: (Design Professional and Name of Firm, if project applicable) Approved by: (Division Director or Designee) Approved by: (Procurement Professional) Revised : 01/142021 (Divbions who may require additional signatures may include on separate sheet) YaOMMEtlEar WONLT mow kit see Es 23 Construction Services Agreement: [2022_ver.2] CAU Chancre Order/Amendment Summary CO# — AMD# Description COST TIME Justification Additive Deductive Days Added New Amount + Revised- 011142021 (Divisions who may require additional signatures may include on separate sheet) PNOCUNEIMK USE ONLY Adm �e ISM ES 24 Construction Services Agreement: [2022_ver.2] 0 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR: Contract For Contract Date This Certificate of Substantial Completion applies. to all Work under the Contract Documents or to the following specified parts thereof: To And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete In accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of Items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an Item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, Insurance and warranties shall be as follows: RESPONSIBILITIES: 25 Construction Services Agreement: [2022_ver.2] CAl} C4Pi9,1t:131 The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not In accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20 M CONTRACTOR rype Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER Name and Title 26 Constructlon Services Agreement: 12022_ver.2] 0 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: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: Issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project Is In operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above Is not applicable, Indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 27 Construction Services Agreement: [2022_ver.21 0 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by Implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following; those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Constructlon Services Agreement: [2022_ver.2] 0 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 (it) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement Is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 29 Construction Services Agreement: [2022_ver.2] limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit 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. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, Invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re -submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: [2022_ver.2] 0 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 256,078, 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. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Construction Services Agreement: 12022_ver.2j 0 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (a) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.736, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 32 Construction Services Agreement: [2022_ver.2) 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. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 33 Construction Services Agreement: [2022_ver.2] 9 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS 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 made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 34 Construction Services Agreement: [2022_ver.2] 0 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 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 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(&colliercountvfl.aov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 35 Construction Services Agreement: [2022_ver.2] 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. 10.1 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: (1) a waiver of any claim by Contractor for such items and (it) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 36 Construction Services Agreement: [2022_ver.2] 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 sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the 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 the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 37 Construction services Agreement: 12022_ver.21 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 38 Construction services Agreement: (2022_ver.21 i' s 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 responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Contractors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. 39 Constriction Services Agreement: [2022_ver.21 a Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C.1324, at seg. 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. 16. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget 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. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 40 Construcllon Services Agreement: [2022_ver.21 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed 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. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith 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 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. 41 Construction Services Agreement: [2022_ver.21 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereol) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 42 Construction Services Agreement: 12022_ver.2) 0 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 Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 43 Construction Services Agreement: [2022_ver.2] 0 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager, 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential 44 Construction Services Agreement: 12022_ver.21 0 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 of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 45 Construction Services Agreement: (2022_ver.2) SO 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 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 46 Construction Services Agreement: [2022_ver.2) O 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 47 Construction Services Agreement: [2022_ver.2] All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Are Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 48 Construction Services Agreement: [2022_ver.21 CAn 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 and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). 49 Construction Services Agreement: (2022_ver.21 0 Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. 50 Construction Services Agreement! [2022_ver.21 !'All 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 price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 51 Construction Services Agreement: [2022_ver.2) 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, 'Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule 52 Construction services Agreement: [2022_ver.21 0O 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-FMOPSOcolliercountvfl.aov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and 53 Construction Services Agreement: (2022_ver.2) 0 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 / 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: [2022_ver.21 a EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "ATTACHED HERETO, TO FOLLOW THIS PAGE" 55 Construction Services Agreement: 12022_ver.2j cNo EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS Additional Conditions/Restrictions of Staging/Storage Lot(s) A No storage of excavated material (pipe, structure, concrete, asphalt) in/on staging/storage lots(s). B. No demolition activities including but not limited to processing, sorting, consolidating of pipe, structure, concrete, or asphalt material in/on staging/storage lots(s). C. Storage/staging lot(s) shall meet the following minimum requirements: i Twenty-four (24) feet wide temporary asphalt driveway from the EOP to at least fifty (50) feet into the property. Asphalt driveway shall be 1" of SP 9.5 with Optional Base Group 1 (4" of limerock). The contractor shall maintain the temporary surface throughout the duration of the project. it Six (6) feet tall chain link fence installed'around the entire staging area with five (5) feet setback from side and rear property lines (no setback required at ROW line) and continuous 72" tall privacy/wind barrier/screen (green or black) on all sides, including front and gate. The contractor shall maintain the fence and privacy screen throughout the duration of the project. lit. Lockable access gate. tv. Accessing/utilizing the storage/staging lot(s) only between 7 am and 7 pm (Monday — Saturday), except for emergency work. V. No after hour access. All materials for Owner approved work between 7 pm and 7 am shall be delivered to the work site between 7 am and 7 pm, except for emergency work. vi. Maintained daily including, but not limited to: mowing and weeding, litter removal, fence and screen repair as needed, and daily sweeping and dust control. A� h® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 6/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Hylant Group Inc -Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 CONTACT NAME: PHONE FAX a c Na Eat: 734-741-0044 AC No, 734-741-1850 ADUA ESS, INSURERS AFFORDING COVERAGE NAICN INSURER A: Valley Fore Insurance Cc 20508 INSURED HIGGI-5 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A INSURERS: Continental Insurance Company 35289 INSURER c: Allied World Assurance Cc Inc US 19489 INSURER D: American Casualty Co of Reading PA 20427 Ann Arbor MI 48108 INSURER E: Transportation Insurance Cc 20494 INSURER F: COVERAGES CERTIFICATE NUMBER: 1407044824 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUERPOLICY POLICYNUMBER MMIUDYEFF UP MMMD/YYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y U1061922047 4I12022 4/12023 EACHOCCURRENCE S1,000,000 CLAIMS -MADE MOCCUR PREMISES (Eamaunencell $500,000 X MED EXP(Any am porson) $15,000 Includes XCU X I Incicmdurtual PERSONALS ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000.000 POLICY R- JEC❑ LOC PRODUCTS-COMPIOPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BUA1061922033 4/l2022 4/1/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEGULED AUTOSONLY AUTOS IX BODILY INJURY(Peracckimt) $ �( PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOSONLY AUTOSONLY $ B X UMBRELLALIAB X OCCUR U1061922050 4112022 4112023 EACH OCCURRENCE $8,000,000 AGGREGATE $8,000,ODO EXCESS LMB CLAIMS -MADE DED I X I RETENTION$ IT S E WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTNE OFDCERIMEMBERFXCLUDEOY NIA WC7012265571 4/12022 4/1/2023 X PER orH- STATUTE ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yea, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C ProfesMonatV 0312-7992 4112022 4/1/2023 2.000,000 Each Claim PoiluWn 4,000,000 Aggregate DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD Hit, Additional Remarks Schedule, maybe attached N more apace Is required) Re: 22-7982 "105th Ave North and 106th Ave North Public Utilities Renewal" Additional Insured for General Liability and Automobile Liability, primary and non-contributory basis, as required by written contract subject to the terms conditions, and exclusions of the policies — Collier County Board of County Commissioners With regard to General Liability, Automobile Liability, and Worker's Comensation policies, a 30 day notice of cancellation will be provided to the Certificate Holder for any Insurer initiated cancellation, 10 days will be provided In To event of non-payment of premium. Collier County Board of County Commissioners 3295 Tann ami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA IVE tom, , twzLL00-V% ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Construction Solicitation Doc rev 04152022 FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 105th Ave North and 106th Ave North Public Utilities Renewal BID NO. 22-7982 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The 11.A.2 Packet Pg. 105 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 Successful Bidder 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 Owner’s actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and twenty (420) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature:______________________________________ Title:___________________________________________ Date:____________________________ 11.A.2 Packet Pg. 106 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT 105th Ave North and 106th Ave North Public Utilities Renewal Bid No. 22-7982 Name Personnel Category Construction Superintendent Project Manager 11.A.2 Packet Pg. 107 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: _____________________________________________________________ Signature: ___________________________________________ Date: _________ Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: __________________________________________________-_________________ Signature:______________________________________________________ Date ________ 11.A.2 Packet Pg. 108 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are “qualified” (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Asbestos Removal 2. Mechanical 3. Paving 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 11.A.2 Packet Pg. 109 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. REMOVE RED TEXT IF NO SUPPLEMENTAL REQUIREMENTS EXISTSEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS – (The Supplemental Qualifications takes precedence, should there be conflicting language with this form.) The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 11.A.2 Packet Pg. 110 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) 5. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 11.A.2 Packet Pg. 111 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Construction Solicitation Doc rev 04152022 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ 11.A.2 Packet Pg. 112 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we _____________________________ __________________________ (herein after called the Principal) and ____________________________________________, (herein called the Surety), a corporation chartered and existing under the laws of the State of _____________ with its principal offices in the city of ____________________ and authorized to do business in the State of ______________________ are held and firmly bound unto the __________________________________________________ (hereinafter called the Owner), in the full and just sum of ____________________________________________ dollars ($_________________) 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. 22-7982 105th Ave North and 106th Ave North Public Utilities Renewal. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $______________ 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 remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of ________________, 20 . Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for 11.A.2 Packet Pg. 113 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County”, or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of 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 FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance 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 Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the 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 Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 11.A.2 Packet Pg. 114 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000_ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000_single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ 1,000,000 Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 11.A.2 Packet Pg. 115 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 3/28/22 ______________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. 11.A.2 Packet Pg. 116 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non- public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. _____________________________________ Company Name _____________________________________ Signature ______________________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) ___________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 11.A.2 Packet Pg. 117 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Email: Signature by: (Typed and written) Title: Additional Contact Information 11.A.2 Packet Pg. 118 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 11.A.2 Packet Pg. 119 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 11 - IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor’s bid or within five (5) day of the County’s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal/bid. _____________________________________ Company Name _____________________________________ Signature _____________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) __________________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced 11.A.2 Packet Pg. 120 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. l. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company’s E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses – valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier’s check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. 11.A.2 Packet Pg. 121 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND 105th Ave North and 106th Ave North Public Utilities Renewal Bond No. Contract No. 22-7982 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ __________________________________________________________, as Principal, and _______________________________________________________________, as Surety, located at ______________________________________________________ (Business Address) are held and firmly bound to _______________________________ as Obligee in the sum of _________________________________________________ ($_____________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _______________ 20 , with Obligee for ____________________________________ 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: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ______________ 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11.A.2 Packet Pg. 122 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 11.A.2 Packet Pg. 123 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ___________________, 20 , by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.A.2 Packet Pg. 124 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND 105th Ave North and 106th Ave North Public Utilities Renewal Bond No. Contract No. 22-7982 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ ________________________, as Principal, and ______________________________ _____________________________, as Surety, located at ______________________________________________________________________ (Business Address) are held and firmly bound to ________________________________________________, as Obligee in the sum of ______________________________________________________________________ ($_______________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____________ day of __________________________________, 20 , with Obligee for ______________________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 11.A.2 Packet Pg. 125 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.A.2 Packet Pg. 126 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 11.A.2 Packet Pg. 127 Attachment: 22-7982 - Solicitation R1 (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL Solicitation No: 22-7982 Project Manager:Ragaey Girgis Notices Sent:39826 Solicitation Title:105th Ave North and 106th Ave North Public Utilities Renewal Strategist:Cynthia McCanna Packages Viewed:85 Bids Received:2 BID TABULATION BIDDER: ITEM NO.DESCRIPTION (105TH AVENUE NORTH)UNIT EST. QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1.1a Mobilization/Demobilization (Max 5% of 105th Ave. N. Subtotal Bid, without Allowances)LS 1 $378,000.00 $378,000.00 $0.00 $450,000.00 $450,000.00 1.2a Maintenance of Traffic LS 1 $798,000.00 $798,000.00 $0.00 $200,000.00 $200,000.00 1.3a Project Sign EA 2 $9,000.00 $18,000.00 $0.00 $2,500.00 $5,000.00 1.4a Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 $0.00 $80,000.00 $80,000.00 1.5a Pre-Construction Video & Photographs LS 1 $30,000.00 $30,000.00 $0.00 $25,000.00 $25,000.00 1.6a Post-Construction Video LS 1 $4,500.00 $4,500.00 $0.00 $5,000.00 $5,000.00 1.7a Clearing & Grubbing LS 1 $672,000.00 $672,000.00 $0.00 $175,000.00 $175,000.00 1.8a Vibratory Monitoring LS 1 $154,000.00 $154,000.00 $0.00 $50,000.00 $50,000.00 1.9a Remove, Dispose, and Replace Mailboxes EA 195 $95.00 $18,525.00 $0.00 $200.00 $39,000.00 1.10a Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7350 $2.00 $14,700.00 $0.00 $15.00 $110,250.00 1.11a Remove and Store Brick Paver Driveway SY 1850 $5.00 $9,250.00 $0.00 $20.00 $37,000.00 1.12a Install Driveway i.Concrete SY 6,550 $23.00 $150,650.00 $0.00 $50.00 $327,500.00 ii.Asphalt SY 800 $5.00 $4,000.00 $0.00 $25.00 $20,000.00 iii.Brick Pavers SY 1,850 $45.00 $83,250.00 $0.00 $65.00 $120,250.00 1.13a Driveway Coatings and Finishes i.Colored Concrete Coatings/Additives SY 175 $140.00 $24,500.00 $0.00 $85.00 $14,875.00 ii.Decorative (Stamped) Concrete Coatings and Finishes SY 200 $85.00 $17,000.00 $0.00 $100.00 $20,000.00 1.14a Remove, Dispose, and Replace Sidewalk (including Temporary) i. Asphalt SY 300 $30.00 $9,000.00 $0.00 $50.00 $15,000.00 ii.Concrete SY 700 $27.00 $18,900.00 $0.00 $75.00 $52,500.00 1.15a Detectable Warnings SY 15 $5.00 $75.00 $0.00 $65.00 $975.00 1.16a Private Property Tree Removal EA 30 $30.00 $900.00 $0.00 $350.00 $10,500.00 1.17a Vehicle Guard Post EA 16 $200.00 $3,200.00 $0.00 $450.00 $7,200.00 1.18a Owner's Allowance T&M 1 $140,000.00 $140,000.00 $0.00 $140,000.00 $140,000.00 $2,668,450.00 $0.00 $1,905,050.00 2.1a Water Main Pipelines i.8-inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 $0.00 $95.00 $589,000.00 ii.8-inch CLASS 350 DIP LF 50 $23.00 $1,150.00 $0.00 $105.00 $5,250.00 iii.12-inch C900 DR18 PVC LF 90 $80.00 $7,200.00 $0.00 $115.00 $10,350.00 2.2a Gate Valves/Insert Valves/Line Stops i.6-inch Gate Valve EA 1 $200.00 $200.00 $0.00 $2,200.00 $2,200.00 ii.8-inch Gate Valve EA 22 $1,200.00 $26,400.00 $0.00 $2,800.00 $61,600.00 SECTION 1A (GENERAL 105TH AVE. N.) SUBTOTAL: Douglas N. Higgins, Inc. Haskins, Inc. Engineer's Estimate SECTION 1A: GENERAL (105TH AVENUE NORTH) SECTION 2A: WATER SYSTEM (105TH AVENUE NORTH) Non-Responsive 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 1 11.A.3 Packet Pg. 128 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL iii.12-inch Gate Valve EA 2 $12,000.00 $24,000.00 $0.00 $5,800.00 $11,600.00 iv.6-inch Insert Valve EA 1 $200.00 $200.00 $0.00 $18,500.00 $18,500.00 v.8-inch Line Stop EA 1 $400.00 $400.00 $0.00 $14,500.00 $14,500.00 vi.12-inch Line Stop EA 2 $500.00 $1,000.00 $0.00 $16,500.00 $33,000.00 2.3a Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 $0.00 $6,500.00 $84,500.00 2.4a Water Services i.Short Single Service EA 38 $250.00 $9,500.00 $0.00 $1,750.00 $66,500.00 ii.Short Double Service EA 31 $450.00 $13,950.00 $0.00 $1,900.00 $58,900.00 iii.Long Single Service EA 42 $400.00 $16,800.00 $0.00 $2,200.00 $92,400.00 iv.Long Double Service EA 31 $450.00 $13,950.00 $0.00 $2,500.00 $77,500.00 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 2 11.A.3 Packet Pg. 129 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 2.5a Water Meter, Meter Box, and Backflow Device i.New Meter Box (Relocated Existing Meter and Backflow)EA 20 $80.00 $1,600.00 $0.00 $800.00 $16,000.00 ii.New Meter Box and New Backflow (Relocated Existing Meter)EA 164 $450.00 $73,800.00 $0.00 $900.00 $147,600.00 2.6a Water Meter Box (vacant property)EA 10 $400.00 $4,000.00 $0.00 $700.00 $7,000.00 2.7a Connection to Existing Water Main i.Vanderbilt Drive 8-inch PVC WM EA 1 $69,000.00 $69,000.00 $0.00 $9,500.00 $9,500.00 ii.6th Street North 12-inch PVC WM EA 2 $59,000.00 $118,000.00 $0.00 $11,500.00 $23,000.00 iii.7th Street North 8-inch PVC WM EA 1 $59,000.00 $59,000.00 $0.00 $9,500.00 $9,500.00 vi.US41 8-inch PVC WM EA 1 $69,000.00 $69,000.00 $0.00 $9,000.00 $9,000.00 v.875 105th Fire Service EA 1 $39,000.00 $39,000.00 *$0.00 $6,500.00 $6,500.00 2.8a Bacteriological Sample Points i.Permanent Sample Point EA 1 $4,200.00 $4,200.00 $0.00 $4,250.00 $4,250.00 2.9a Air Release Valves EA 7 $350.00 $2,450.00 $0.00 $5,500.00 $38,500.00 2.10a Conflict Avoidance (Deflection)EA 5 $500.00 $2,500.00 $0.00 $2,500.00 $12,500.00 2.11a Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 $0.00 $2,500.00 $10,000.00 2.12a Removal and Disposal of Asbestos Concrete Water Main LF 6,320 $12.00 $75,840.00 $0.00 $30.00 $189,600.00 2.13a Owner's Allowance T&M 1 $100,000.00 $100,000.00 $0.00 $100,000.00 $100,000.00 $1,033,940.00 $0.00 $1,708,750.00 3.1a 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace)LF 5,670 $49.00 $277,830.00 $0.00 $185.00 $1,048,950.00 3.2a Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i.Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 $0.00 $1,400.00 $287,000.00 ii.Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 $0.00 $1,600.00 $8,000.00 3.3a Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 $0.00 $60.00 $12,000.00 3.4a Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 $0.00 $1,300.00 $65,000.00 3.5a Precast Polymer Concrete Manholes (Remove, Dispose, Replace)EA 14 $99,000.00 $1,386,000.00 $0.00 $35,000.00 $490,000.00 3.6a Grout and Abandon Existing Gravity Sewer Main and Manholes LF 45 $80.00 $3,600.00 $0.00 $8,000.00 $360,000.00 3.7a Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 $0.00 $7,000.00 $21,000.00 3.8a Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 $0.00 $18,500.00 $18,500.00 3.9a Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 $0.00 $7.50 $118,500.00 3.10a Road Restoration - Limerock Base (6 or 8-inch)SY 13,000 $5.00 $65,000.00 $0.00 $18.50 $240,500.00 3.11a Road Restoration - 2-1/2" Asphalt (Two Lifts)SY 12,400 $14.00 $173,600.00 $0.00 $20.50 $254,200.00 3.12a Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 $0.00 $60,000.00 $60,000.00 3.13a Remove, Dispose, and Replace Concrete Curb LF 205 $15.00 $3,075.00 $0.00 $65.00 $13,325.00 3.14a Milling & Resurfacing SY 3,300 $5.00 $16,500.00 $0.00 $35.00 $115,500.00 3.15a Owner's Allowance T&M 1 $200,000.00 $200,000.00 $0.00 $200,000.00 $200,000.00 $2,468,005.00 $0.00 $3,312,475.00 4.1a 15" RCP Pipe LF 15 $30.00 $450.00 $0.00 $95.00 $1,425.00 4.2a 18" ADS Pipe LF 4,065 $100.00 $406,500.00 $0.00 $80.00 $325,200.00 4.3a 18" ADS Perforated Pipe in Water Quality Trench LF 2,590 $150.00 $388,500.00 $0.00 $110.00 $284,900.00 4.4a 18" RCP LF 80 $40.00 $3,200.00 $0.00 $105.00 $8,400.00 4.5a 24" ADS Pipe LF 2,815 $150.00 $422,250.00 $0.00 $100.00 $281,500.00 4.6a 24" ADS Perforated Pipe in Water Quality Trench LF 2,700 $185.00 $499,500.00 $0.00 $125.00 $337,500.00 SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) SECTION 3A (WASTEWATER SYSTEM 105TH AVE. N.) SUBTOTAL: SECTION 3A: WASTEWATER SYSTEM (105TH AVENUE NORTH) SECTION 2A (WATER SYSTEM 105TH AVE. N.) SUBTOTAL: 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 3 11.A.3 Packet Pg. 130 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 4.7a 24" RCP LF 90 $100.00 $9,000.00 $0.00 $135.00 $12,150.00 4.8a Catch Basin (Type C) w/ 2' Sedimentation Sump EA 45 $250.00 $11,250.00 $0.00 $5,000.00 $225,000.00 4.9a Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 $0.00 $6,000.00 $36,000.00 4.10a In-Line Drain (LD)EA 175 $200.00 $35,000.00 $0.00 $1,950.00 $341,250.00 4.11a Junction Box EA 8 $15,000.00 $120,000.00 $0.00 $5,000.00 $40,000.00 4.12a Private Property Yard Drains EA 20 $50.00 $1,000.00 $0.00 $700.00 $14,000.00 4.13a Connection to Existing Storm Structure EA 15 $400.00 $6,000.00 $0.00 $2,250.00 $33,750.00 4.14a Modification of Existing Storm Structure EA 15 $800.00 $12,000.00 $0.00 $1,500.00 $22,500.00 4.15a Mitered End Section EA 2 $2,500.00 $5,000.00 $0.00 $1,500.00 $3,000.00 4.16a Swale Grading (not associated with the above pay items)LF 500 $5.00 $2,500.00 $0.00 $30.00 $15,000.00 4.17a Root Barrier LF 300 $12.00 $3,600.00 $0.00 $35.00 $10,500.00 4.18a Owner's Allowance T&M 1 $150,000.00 $150,000.00 $0.00 $150,000.00 $150,000.00 $2,225,750.00 $0.00 $2,142,075.00 1.1b Mobilization/Demobilization (Max 5% of 106th Ave. N. Subtotal Bid, without Allowances)LS 1 $380,000.00 $380,000.00 $0.00 $450,000.00 $450,000.00 1.2b Maintenance of Traffic LS 1 $798,000.00 $798,000.00 $0.00 $200,000.00 $200,000.00 1.3b Project Sign EA 2 $9,000.00 $18,000.00 $0.00 $2,500.00 $5,000.00 1.4b Survey Layout & Record Drawings LS 1 $120,000.00 $120,000.00 $0.00 $80,000.00 $80,000.00 1.5b Pre-Construction Video & Photographs LS 1 $30,000.00 $30,000.00 $0.00 $25,000.00 $25,000.00 1.6b Post-Construction Video LS 1 $4,500.00 $4,500.00 $0.00 $5,000.00 $5,000.00 1.7b Clearing & Grubbing LS 1 $672,000.00 $672,000.00 $0.00 $175,000.00 $175,000.00 1.8b Vibratory Monitoring LS 1 $154,000.00 $154,000.00 $0.00 $50,000.00 $50,000.00 1.9b Remove, Dispose, and Replace Mailboxes EA 190 $95.00 $18,050.00 $0.00 $200.00 $38,000.00 1.10b Remove and Dispose Concrete, Asphalt and Gravel Driveway SY 7,650 $2.00 $15,300.00 $0.00 $15.00 $114,750.00 1.11b Remove and Store Brick Paver Driveway SY 2,200 $5.00 $11,000.00 $0.00 $20.00 $44,000.00 1.12b Install Driveway i.Concrete SY 6,400 $23.00 $147,200.00 $0.00 $50.00 $320,000.00 ii.Asphalt SY 1,250 $5.00 $6,250.00 $0.00 $25.00 $31,250.00 iii.Brick Pavers SY 2,200 $45.00 $99,000.00 $0.00 $65.00 $143,000.00 1.13b Driveway Coatings and Finishes i.Colored Concrete Coatings/Additives SY 300 $140.00 $42,000.00 $0.00 $85.00 $25,500.00 1.14b Remove, Dispose, and Replace Sidewalk (including Temporary) i. Asphalt SY 400 $30.00 $12,000.00 $0.00 $50.00 $20,000.00 ii.Concrete SY 700 $27.00 $18,900.00 $0.00 $75.00 $52,500.00 1.15b Detectable Warnings SY 15 $5.00 $75.00 $0.00 $65.00 $975.00 1.16b Private Property Tree Removal EA 30 $30.00 $900.00 $0.00 $350.00 $10,500.00 1.17b Vehicle Guard Post EA 16 $200.00 $3,200.00 $0.00 $450.00 $7,200.00 1.18b Owner's Allowance T&M 1 $140,000.00 $140,000.00 $0.00 $140,000.00 $140,000.00 $2,690,375.00 $0.00 $1,937,675.00 2.1b Water Main Pipelines SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) SUBTOTAL: SECTION 1B: GENERAL (106TH AVENUE NORTH) SECTION 1A (GENERAL 106TH AVE. N.) SUBTOTAL: SECTION 2B: WATER SYSTEM (106TH AVENUE NORTH) 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 4 11.A.3 Packet Pg. 131 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL i.8-inch C900 DR18 PVC LF 6,200 $42.00 $260,400.00 $0.00 $95.00 $589,000.00 ii.8-inch CLASS 350 DIP LF 50 $23.00 $1,150.00 $0.00 $105.00 $5,250.00 iii.12-inch C900 DR18 PVC LF 90 $80.00 $7,200.00 $0.00 $115.00 $10,350.00 2.2b Gate Valves/Insert Valves/Line Stops i.6-inch Gate Valve EA 1 $200.00 $200.00 $0.00 $2,200.00 $2,200.00 ii.8-inch Gate Valve EA 21 $1,200.00 $25,200.00 $0.00 $2,800.00 $58,800.00 iii.12-inch Gate Valve EA 2 $12,000.00 $24,000.00 $0.00 $5,800.00 $11,600.00 iv.6-inch Insert Valve EA 1 $200.00 $200.00 $0.00 $18,500.00 $18,500.00 v.8-inch Line Stop EA 1 $400.00 $400.00 $0.00 $14,500.00 $14,500.00 vi.12-inch Line Stop EA 2 $500.00 $1,000.00 $0.00 $16,500.00 $33,000.00 2.3b Fire Hydrant Assemblies EA 13 $2,800.00 $36,400.00 $0.00 $6,500.00 $84,500.00 2.4b Water Services i.Short Single Service EA 44 $250.00 $11,000.00 $0.00 $1,750.00 $77,000.00 ii.Short Double Service EA 30 $450.00 $13,500.00 $0.00 $1,900.00 $57,000.00 iii.Long Single Service EA 34 $400.00 $13,600.00 $0.00 $2,200.00 $74,800.00 iv.Long Double Service EA 35 $450.00 $15,750.00 $0.00 $2,500.00 $87,500.00 2.5b Water Meter, Meter Box, and Backflow Device i.New Meter Box (Relocated Existing Meter and Backflow)EA 25 $80.00 $2,000.00 $0.00 $800.00 $20,000.00 ii.New Meter Box and New Backflow (Relocated Existing Meter)EA 160 $450.00 $72,000.00 $0.00 $900.00 $144,000.00 2.6b Water Meter Box (vacant property)EA 11 $400.00 $4,400.00 $0.00 $700.00 $7,700.00 2.7b Connection to Existing Water Main i.Vanderbilt Drive 8-inch PVC WM EA 1 $69,000.00 $69,000.00 $0.00 $9,500.00 $9,500.00 ii.6th Street North 12-inch PVC WM EA 2 $59,000.00 $118,000.00 $0.00 $11,500.00 $23,000.00 iii.7th Street North 8-inch PVC WM EA 1 $59,000.00 $59,000.00 $0.00 $9,500.00 $9,500.00 vi.US41 8-inch PVC WM EA 1 $69,000.00 $69,000.00 $0.00 $9,000.00 $9,000.00 2.8b Bacteriological Sample Points i.Permanent Sample Point EA 1 $4,200.00 $4,200.00 $0.00 $4,250.00 $4,250.00 2.9b Air Release Valves EA 7 $350.00 $2,450.00 $0.00 $5,500.00 $38,500.00 2.10b Conflict Avoidance (Deflection)EA 5 $500.00 $2,500.00 $0.00 $2,500.00 $12,500.00 2.11b Temporary Connection to Existing Water Main EA 4 $1,000.00 $4,000.00 $0.00 $2,500.00 $10,000.00 2.12b Removal and Disposal of Asbestos Concrete Water Main LF 6,510 $12.00 $78,120.00 $0.00 $30.00 $195,300.00 2.13b Owner's Allowance T&M 1 $100,000.00 $100,000.00 $0.00 $100,000.00 $100,000.00 $994,670.00 $0.00 $1,707,250.00 3.1b 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace)LF 5,680 $49.00 $278,320.00 $0.00 $185.00 $1,050,800.00 3.2b Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i.Single Sanitary Sewer Service Lateral EA 205 $150.00 $30,750.00 $0.00 $1,400.00 $287,000.00 ii.Double Sanitary Sewer Service Lateral EA 5 $50.00 $250.00 $0.00 $1,600.00 $8,000.00 3.3b Private Property Sewer Service Lateral Replacement LF 200 $30.00 $6,000.00 $0.00 $60.00 $12,000.00 3.4b Relocate Driveway Sanitary Service Lateral EA 50 $70.00 $3,500.00 $0.00 $1,300.00 $65,000.00 3.5b Precast Polymer Concrete Manholes (Remove, Dispose, Replace)EA 14 $99,000.00 $1,386,000.00 $0.00 $35,000.00 $490,000.00 3.6b Grout and Abandon Existing Gravity Sewer Main and Manholes LF 25 $80.00 $2,000.00 $0.00 $8,000.00 $200,000.00 3.7b Connect New Gravity Sewer to Existing Manhole EA 3 $50,000.00 $150,000.00 $0.00 $7,000.00 $21,000.00 SECTION 2A (WATER SYSTEM 106TH AVE. N.) SUBTOTAL: SECTION 3B: WASTEWATER SYSTEM (106TH AVENUE NORTH) 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 5 11.A.3 Packet Pg. 132 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 3.8b Conflict Crossing Through Existing Box EA 1 $84,000.00 $84,000.00 $0.00 $18,500.00 $18,500.00 3.9b Road Restoration - Stabilized Subgrade SY 15,800 $0.50 $7,900.00 $0.00 $7.50 $118,500.00 3.10b Road Restoration - Limerock Base (6 or 8-inch)SY 13,000 $5.00 $65,000.00 $0.00 $18.50 $240,500.00 3.11b Road Restoration - 2-1/2" Asphalt (Two Lifts)SY 12,400 $14.00 $173,600.00 $0.00 $20.50 $254,200.00 3.12b Final Paving Striping/Marking LS 1 $60,000.00 $60,000.00 $0.00 $60,000.00 $60,000.00 3.13b Remove, Dispose, and Replace Concrete Curb LF 210 $15.00 $3,150.00 $0.00 $65.00 $13,650.00 3.14b Milling & Resurfacing SY 3,300 $5.00 $16,500.00 $0.00 $35.00 $115,500.00 3.15b Owner's Allowance T&M 1 $200,000.00 $200,000.00 $0.00 $200,000.00 $200,000.00 $2,466,970.00 $0.00 $3,154,650.00 4.2b 18" ADS Pipe LF 4,900 $100.00 $490,000.00 $0.00 $80.00 $392,000.00 4.3b 18" ADS Perforated Pipe in Water Quality Trench LF 2,610 $150.00 $391,500.00 $0.00 $110.00 $287,100.00 4.4b 18" RCP LF 90 $40.00 $3,600.00 $0.00 $105.00 $9,450.00 4.5b 24" ADS Pipe LF 2,840 $150.00 $426,000.00 $0.00 $100.00 $284,000.00 4.6b 24" ADS Perforated Pipe in Water Quality Trench LF 2,680 $185.00 $495,800.00 $0.00 $125.00 $335,000.00 4.7b 24" RCP LF 100 $100.00 $10,000.00 $0.00 $135.00 $13,500.00 4.8b Catch Basin (Type C) w/Sedimentation Sump EA 45 $250.00 $11,250.00 $0.00 $5,000.00 $225,000.00 4.9b Catch Basin w/Weir Plate EA 6 $25,000.00 $150,000.00 $0.00 $6,000.00 $36,000.00 4.10b In-Line Drain (LD)EA 170 $200.00 $34,000.00 $0.00 $1,950.00 $331,500.00 4.11b Junction Box EA 4 $15,000.00 $60,000.00 $0.00 $5,000.00 $20,000.00 4.12b Private Property Yard Drains EA 20 $50.00 $1,000.00 $0.00 $700.00 $14,000.00 4.13b Connection to Existing Storm Structure EA 20 $400.00 $8,000.00 $0.00 $2,250.00 $45,000.00 4.14b Modification of Existing Storm Structure EA 20 $800.00 $16,000.00 $0.00 $1,500.00 $30,000.00 4.15b Mitered End Section EA 2 $2,500.00 $5,000.00 $0.00 $1,500.00 $3,000.00 4.16b Swale Grading (not associated with the above pay items)LF 500 $5.00 $2,500.00 $0.00 $30.00 $15,000.00 4.17b Root Barrier LF 300 $12.00 $3,600.00 $0.00 $35.00 $10,500.00 4.18b Owner's Allowance T&M 1 $150,000.00 $150,000.00 $0.00 $150,000.00 $150,000.00 $2,258,250.00 $0.00 $2,201,050.00 $2,668,450.00 $0.00 $1,905,050.00 $1,033,940.00 $0.00 $1,708,750.00 $2,468,005.00 $0.00 $3,312,475.00 $2,225,750.00 $0.00 $2,142,075.00 $8,396,145.00 $0.00 $9,068,350.00 $2,690,375.00 $0.00 $1,937,675.00 $994,670.00 $0.00 $1,707,250.00 $2,466,970.00 $0.00 $3,154,650.00 Section 1A: General (105th Avenue North) Section 2A: Water System (105th Avenue North) SECTION 4A (STORMWATER SYSTEM 106TH AVE. N.) SUBTOTAL: SUMMARY A - 105TH AVENUE NORTH Section 4A: Stormwater System (105th Avenue North) SUBTOTAL A (105th Avenue North): SECTION 3A (WASTEWATER SYSTEM 106TH AVE. N.) SUBTOTAL: SECTION 4A: STORMWATER SYSTEM (106TH AVENUE NORTH) SUMMARY B - 106TH AVENUE NORTH Section 3B: Wastewater System (106th Avenue North) Section 3A: Wastewater System (105th Avenue North) Section 2B: Water System (106th Avenue North) Section 1B: General (106th Avenue North) 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 6 11.A.3 Packet Pg. 133 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL $2,258,250.00 $0.00 $2,201,050.00 $8,410,265.00 $0.00 $9,000,625.00 $5,358,825.00 $0.00 $3,842,725.00 $2,028,610.00 $0.00 $3,416,000.00 $4,934,975.00 $0.00 $6,467,125.00 $4,484,000.00 $0.00 $4,343,125.00 $16,806,410.00 $20,602,975.00 $18,068,975.00 Yes NO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Local Business Tax Receipt (Collier County)Yes N/A Yes Yes License Yes Yes Yes Yes Yes Yes Naples Bonita Springs Collier Lee Opened By:Cynthia McCanna Witness By:Ana Reynoso GRAND TOTAL SUMMARY A & B - 105TH & 106TH AVENUES NORTH Section 1A & 1B: General GRAND TOTAL 105TH & 106TH AVENUES NORTH: Section 4A & 4B: Stormwater System SUBTOTAL B (106th Avenue North): Statement of Experience of Bidder (Form 5) Material Manufacturers (Form 3) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Section 2A & 2B: Water System Section 3A & 3B: Wastewater System Section 4B: Stormwater System (106th Avenue North) List of Major Subcontractors (Form 4) Place of Business: County: Immigration Affidavit Certification (Form 11) Bidders Checklist (Form 12) Addendum (7) E-Verify SunBiz W-9 Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Completed Bid Forms: Bid Schedule Bid Response Form (Form 1) Contractors Key Personnel Assigned to Project - (Form 2) 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 7 11.A.3 Packet Pg. 134 Attachment: 22-7982 - Bid Tabulation (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Solicitation No.: 22-7982 Title: 105th Ave. North and 106th Ave North Public Utilities Renewal Bid Due Date and Time: May 10, 2022 @ 3:00 PM EST On March 31, 2022, the Procurement Services Division issued ITB Solicitation No. 22-7982 105th Ave. North and 106th Ave North Public Utilities Renewal to 39,826 vendors. Vendors viewed eighty-five (85) bid packages and on May 10, 2022, the County received two (2) bids, as summarized above. Staff reviewed the bids received and found one (1) bid to be responsive and responsible while one (1) bidder Haskins, Inc. were deemed non-responsive for not providing all the required documents. Staff did extend the bid for one additional week. Staff determined that Douglas N. Higgins, Inc. is the lowest responsive and responsible bidder. Staff therefore recommends that the contract be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total contract amount of $16,806,410.00. Project Manager: Procurement Strategist: Date: May 31, 2022 Notice of Recommended Award RESPONDENTS: Company Name City County ST Base Bid Responsive /Responsible Douglas N. Higgins, Inc. Naples Collier FL $16,806,410.00 Yes/Yes Haskins, Inc. Bonita Springs Lee FL $20,602,975.00 No/Yes Utilized Local Vendor Preference: Yes No N/A Required Signatures Procurement Services Director: Sandra Herrera DocuSign Envelope ID: 0B8CBE74-5591-4EEC-B492-8C36FACED3C9 5/31/2022 5/31/2022 5/31/2022 11.A.4 Packet Pg. 135 Attachment: 22-7982 - NORA (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) 11.A.5Packet Pg. 136Attachment: 22-7982 Douglas N. Higgins, Inc_COI (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) September 14, 2022 Naples Park Infrastructure Optimization Progress Update In 2013, the Public Utilities Department started a multi-year program to replace potable water and wastewater pipes that have reached the end of their useful lives. In 2017, the Growth Management Department combined efforts to form the Public Utility Renewal (PUR) program which included stormwater improvements. The Collier County Board of County Commissioners has approved the following projects to date: • 91st and 92nd Avenues North: Water main replacement completed 11/14/14. • 93rd and 94th Avenues North: Water main replacement completed 1/23/15. • 97th Avenue North (700 Block): Water and sewer main replacement completed 2/22/15. • 107th Avenue North Public Utility Renewal (PUR): Water and sewer replacement and wastewater force main installation, combined with stormwater improvements from Vanderbilt Drive to 8th Street. Completed 5/16/2018 • 110th Avenue North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. Completed 5/16/2018 • 95th Avenue North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. Completed 1/13/2020 • 96th Avenue North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. Completed 4/1/2021 The following project is under construction: • 108th and 109th Avenues North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. Scheduled to be completed October 2022. The following project is pending Board approval: • 105th and 106th Avenues North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. Scheduled to be completed January 2024. The following project is 100% designed: • 98th and 99th Avenues North PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Drive to U.S. 41. As funding is available, similar improvements are planned to continue throughout the Naples Park Area; however, a more detailed sequence has not yet been defined or approved. 11.A.8 Packet Pg. 137 Attachment: Program Update and Map (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) September 14, 2022 NAPLES PARK MAP VB Dr. 6th St. 7th St. 8th St. U.S. 41 110th Ave. N. (PUR Complete) 109th Ave. N. (PUR Construction) 108th Ave. N. (PUR Construction) 107th Ave. N. (PUR Complete) 106th Ave. N. (Next PUR Pending BCC) 105th Ave. N. (Next PUR Pending BCC) 104th Ave. N. 103rd Ave. N. 102nd Ave. N. 101st Ave. N. 100th Ave. N. 99th Ave. N. (PUR 100% Design) 98th Ave. N. (PUR 100% Design) 97th Ave. N. (Water/Sewer Comp.) 96th Ave. N. (PUR Complete) 95th Ave. N. (PUR Complete) 94th Ave. N. (Water Complete) 93rd Ave. N. (Water Complete) 92nd Ave. N. (Water Complete) 91st Ave. N. (Water Complete) 11.A.8 Packet Pg. 138 Attachment: Program Update and Map (23505 : 105th and 106th Avenued Public Utilities Renewal Project - Construction) 105th and 106th Avenues Public Utilities Renewal Public Utilities Department Transportation Management Services September 27, 2022 Collier County | Florida 11.A.10 Packet Pg. 139 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Companion Items Two companion executive summaries for the 105th and 106th Avenues Public Utilities Renewal Project are seeking Board approval: 1.Construction of the water, wastewater and stormwater infrastructure. The contractor is Douglas N. Higgins, Inc. with extensive experience in similar projects, specifically in Naples Park. 2.Construction, Engineering and Inspection (CEI) Services for Stantec Consulting Services, Inc., previously Board-approved for the Naples Park area. Public Utilities Department Engineering and Project Management Division 2 11.A.10 Packet Pg. 140 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Objective •Provide reliable, sustainable, and regulatory compliant services to the customers along 105th and 106th Avenues North in the Naples Park neighborhood by replacing the water, wastewater and stormwater infrastructure. Public Utilities Department Engineering and Project Management Division 3 11.A.10 Packet Pg. 141 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Project Location Public Utilities Department Engineering and Project Management Division 4 US 41 Va nderbilt Drive 105th Av e North 106th Av e North 11.A.10 Packet Pg. 142 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Considerations -Water & Stormwater •Installed in the late 1960s. •Removes and disposes of existing asbestos-cement water main. •Installs approximately 11,000 linear feet of new polyvinyl chloride (PVC) water main. •Installs new fire hydrants, gate valves, water services, water meters, and back flow preventers. •Removes and replaces approximately 10,000 linear feet of aging corrugated metal culvert pipes with new perforated high-performance pipe. •Replaces old drainage structures with catch basins and sumps to ensure proper drainage. Public Utilities Department Engineering and Project Management Division 5 11.A.10 Packet Pg. 143 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Considerations -Wastewater Public Utilities Department Engineering and Project Management Division 6 Wastewater infrastructure •Installed in the early 1970s. •Re moves and replaces approximately 10,000 linear feet of existing vitrified clay gravity sewer pipe, laterals and cleanouts with PVC pipe. •Re places concrete manholes with polymer concrete manholes which require less maintenance. 11.A.10 Packet Pg. 144 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Considerations Public Utilities Department Engineering and Project Management Division 8 On March 31, 2022 Procurement Service Division posted ITB No. 22-7982, 105th Av e. North and 106th Ave. North Public Utilities Renewal. On May 10, 2022, the County received two bids as summarized below. Company Name City County ST Bid Amount Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $16,806,410.00 Yes/Yes Haskins, Inc.Bonita Springs Lee FL $20,602,975.00 No/Yes 11.A.10 Packet Pg. 145 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Neighborhood Coordination Public Utilities Department Engineering and Project Management Division 7 •Detail information letter with Right of Entry form will be sent to all homeowners on 105th and 106th Av enues. •A Neighborhood Information Meeting (NIM) will be scheduled before construction starts. •Project phone line: 239-451-0280. •Project e-mail: NaplesParkPUR@CollierCountyFL.gov •Project updates and notices: www.CollierPUR.com •Public information services provided by Stantec, the CEI consultant. 11.A.10 Packet Pg. 146 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Recommendations u To award Invitation to Bid (“ITB”) No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal”, (project numbers 60139 and 70120) to Douglas N. Higgins Inc., in the amount of $16,806,410.00, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment. u That the Board of County Commissioners approves a $1,146,154.00 Purchase Order to Stantec Consulting Services, Inc. Public Utilities Department Engineering and Project Management Division 8 11.A.10 Packet Pg. 147 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Extra Slides 11.A.10 Packet Pg. 148 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Construction Sequence: Public Utilities Department Engineering and Project Management Division •Re place water main simultaneously on 105th and 106th Avenues to avoid damaging fragile asbestos cement water mains throughout the remainder of the project. •Wa stewater and stormwater construction and restoration will follow, occurring one block at a time also simultaneously on both avenues. •Minimizes neighborhood disruption and accelerates restoration. •This process was proven effective during construction of 95th, 96th, 108th and 109th Av enues. 11.A.10 Packet Pg. 149 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Naples Park Summary u 91st & 92nd Ave. N. Water main replacement completed in 2014. u 93rd & 94th Ave. N.: Water main replacement completed in 2015. u 97th Ave. N. (700 Block): Water and sewer main replacement completed in 2015. u 107th Ave. N. Public Utility Renewal (PUR): Water and sewer replacement and wastewater force main installation with stormwater improvements from Vanderbilt Drive to 8th Street. Completed in 2018. u 110th Ave. N. PUR: Water and sewer replacement with stormwater improvements from Vanderbilt Dr. to US 41. in 2018. u 95th Ave. N. PUR: Water and sewer replacement combined with stormwater improvements from Vanderbilt Dr. to US 4 Completed in 2020. u 96th Ave. N. PUR: Water and sewer replacement with stormwater improvements from Vanderbilt Dr. to US 41 completed in 2021. u 108th and 109th Ave. N. PUR: Water and sewer replacement with stormwater improvements from Vanderbilt Dr. to US 41 are scheduled to be completed 09/2022. 11.A.10 Packet Pg. 150 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Naples Park Summary 11.A.10 Packet Pg. 151 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Existing Conditions 11.A.10 Packet Pg. 152 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public During Construction 11.A.10 Packet Pg. 153 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public Post-Construction Conditions 11.A.10 Packet Pg. 154 Attachment: 105th and 106th Avenues Presentation-9.27.22 (23505 : 105th and 106th Avenued Public FORM 1- BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA lOSth Ave North and 106th Ave North Public Utilities Renewal BID NO.22-7982 Full Name of Bidder Douglas N. Higgins, Inc. Main Business Address 3390 Travis Pointe Rd.. Ste. A, Ann Arbor, MI 48108 Place of Business 4485 Enterprise Ave., Naples, FL 34104 Telephone No. 239-774-3130 Fax No. 239-774-4266 State Contractor's License # CGC060189 State of Florida Certificate of Authority Document Number 830666 Federal Tax Identification Number 38-1807765 DUNS # 01-722-2183 CCR# Cage Code OVD82 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 04152022 Successful Bidder 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 Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred and twenty (420) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature• w.` W Title: Vice President Construction Solicitation Doc rev 04152022 >ats- CERTIFICATE Uh SEU14' Y The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting help on April 1, 2020 and said resolution is in full force and .effect: "RES�JI,VED, That the following listed persons axe Hereby authorized to execute, on behalf of Douglas N. Higgins; Inc., any and all contracts and documents." Matthew T. DeLuca Daniel N, Higgins Douglas N. Higgins David.J. Wilkie �:elly A. Wilkie Dated: April 1, 2020 ICe ly A nlilki-e Secretary Appendix F —Template -Addendum Coley Ca►u�.t Adrrinistafive Services Dnrislon Purchasing ADDENDUM #1 Memorandum Date: April 4, 2022 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Email: (Cynthia.McCanna@colliercountyfl.gov) Telephone: (239-252-8992) Subject: Addendum #1 22-7982 105t" Ave North and 106t" Ave North Public Utilities This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. ADDITION: 22-7982 — Exhibit M -Plans Please acknowledge receipt of this Addendum and include with your bid. (Signature) (Name of;j�irm) Date If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum-rev 10-18-18 Appendix F — Template - Addendum a o 1;r +unty Administrative Service lDivision Purchasing ADDENDUM #2 Memorandum Date: April 12, 2022 From: Cynthia McCanna, Procurement Strategist To: Interested Parties Email: (Cynthia.McCanna@colliercountyfl.gov) Telephone: (239-25M992) Subject: Addendum #2 22-7982 105th Ave North and 106th Ave North Public Utilities This addendum has been issued for the following items identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Addition: This addendum is being issued because the original plans were missing the engineer's signature and stamp. No other changes were made to these plans. 22-7982 — Exhibit M —Plans R1 Please acknowledge receipt of this Addendum and include with your bid. y �3 �- Date (Signature) (Name offirm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Appendix F-Template —Addendum-rev 10-18-18 Co[ LYer County Procurement Services Division Date: April 193 2022 Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239) 252-8944 Addendum #3 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 Solicitation #22-7982 - 105`'' & 106`'' Avenue North Public Utilities Renewal Project The following clarifications are issued as an addendum: 1. The following project permits have been uploaded: a. FDEP405th & 106th Ave N_Sewer_Exemption b. SFWMD_220301-33382_105th & 106th Ave_Exemption_20220401 c. SFWMD NP Master Dewatering 160725-5_Permit _20160923 d. SFWMD NP-98-99th105-106th Letter Mod 04072022 2. The Contractor shall replace all signs with new signs, posts, and hardware to meet current Collier County and FDOT specifications/standards. All removed signs shall be returned to Collier County Traffic Operations at 2885 Horseshoe Drive South, Naples, FL 34104. 3. Contractor shall replace striping to meet current Collier County and FDOT specifications/standards; all striping shall be thermoplastic If you require additional information, please post a question on our Bid Sync (www.bids_ync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 1// 1 1 /1 L (Signature) Firm) Date coVeY C014 ty Procurement Services Division Date: Apri120, 2022 Email: ,colliercountyfl.gov Telephone: (239) 252-8992 Addendum # 4 From: Cynthia McCanna, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 Solicitation #22-7982 - 1 OSth & 106th Avenue North Public Utilities Renewal Project The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Changes: 22-7982 — Solicitation Rl 22-7982 -Supplemental Information Rl Old Question Due Date: A�r�L'', ''rn� c.nn nr,r New Question Due Date: Apri129, 2022 5:00 PM New Due Date May 10, 2022 3:00 PM EDT If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. ,11)A, ), �' (Signature) (Name oflFirm) Date CAyer County Procurement Services Division Date: Apri121, 2022 Email: @colliercountyfl.gov Telephone: (239) 252-8992 Addendum # 5 From: Cynthia McCanna, Procurement Strategist To: Interested Bidders Subject: Addendum # 5 Solicitation #22-7982 - lOSth & 106th Avenue North Public Utilities Renewal Project The following clai7fications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Addition: 22-7982 -Minimum Qualification Matrix If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. A -2� (Signature) Date Co[.Lier County Procurement Services Division Date: 4/28/2022 Email: Cynthia.McCanna@colhercountymgov Telephone: (239) 252-8992 Addendum #6 From: Cynthia McCanna, Procurement Strategist To: Interested Bidders Subject: Addendum #6 Solicitation #22-7982 105"' Ave North and 106"' Ave North Public Utilities Renewal The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Pre -Bid Sign in Sheets If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your• submittal for the above referenced solicitation. ?4d� (Signature) Date CMier County Procurement Services Division Date: 5/5/2022 Email: Cynthia.McCanna@collicrcountyfl.gov Telephone: (239) 252-8992 Addendum #7 From: Cynthia McCanna, Procurement Strategist To: Interested Bidders Subject: Addendum #7 Solicitation #22-7982 105`h Ave North and 106`" Ave North Public Utilities Renewal The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Sunni:arV of Questions and Answers Question 1: Any plans Answer: See Addendum #1 attached. Question 2: Who is in charge of the Quality Control Testing agency? Prime or Owner? Answer: Inc contractor is responsible for the Quality Control Testing Agency. Question 3: Can you please clarify the specification on the root barrier? What is the "4 inch (Minimum) reinforced subgrade curb" in reference to? Answer: If it is directed by the County to place root barrier, the root barrier shall be 4-inch (minimum) reinforced subgrade curb (concrete) root barrier or an alternate root barrier panel that is submitted by the Contractor and approved by the Engineer Question 4: Missing Pay Items —Per the phasing plan, as each block's pipe installation is completed, and the road is restored to the first lift of asphalt there is a period of time with no pay items. There are no pay items for the grading ($180,000 est.), sod ($290,000 est.), and irrigation repairs ($186,000). Incidental costs of $556,000 are too significant to not separate out and reduce risk to Collier County. Without these separate pay items, a Contractor might not include the costs and/or could be forced to put the costs in an item that might be eliminated. A lump sum sod (type not defined) pay item would be paid Twenty Five Percent (25%) at the completion of each phased block. Can Collier County please add a lump sum pay item to cover the costs of the sod and its establishment? Answer: No Question 5: A lump sum grading over storm pipe pay item would be paid Twenty Five Percent (25%) at the completion of each phased block. Can Collier County please add a lump sum pay item to cover the costs of the grading over the storm pipe? Answer: No Question 6: A lump sum irrigation restoration pay item would be paid Twenty Five Percent (25%) at the completion of each phased block. Can Collier County please add a lump sum pay item to cover the costs of irrigation repair? Answer: No Question appears the anticipated project budget of $1850003000 reflects most of the extraordinary cost increases since the previous Naples Park project bid in 2020. Unfortunately, the market still hasn't stabilized and there is a continued 8% annual inflation and pipe prices and shortages that are still a volatile dynamic issue (50-70% annual increases and 6-month lead times). Pipe suppliers are currently holding prices for only 48 hours and will only determine final pricing at delivery. Just the pipe material could increase over $1,000,000 before the project even starts. Unfortunately for Contractors we can no longer say we are in unprecedented times. Since July of 2021 it is obvious to all Contractors that there is extreme price volatility that needs to be anticipated in our unit prices. Therefore, it will be nearly impossible to make a claim against the owner for cost increases. To create a level playing field, can Collier County confirm that the Contractor will be responsible to absorb all cost increases? Answer: The contractor has to account for market volatility. Question 8: There is a surprisingly high-water table in Naples Park. The water table varies between an elevation of 5.0 to 7.0 depending on the rainy/dry season. The existing grated storm inlets at the 8th St N intersections are a good place to inspect the current water elevation, during rainy season the water table is above the top of the 72" RCP pipe. The high-water table creates extensive dewatering ($720,000). A lump sum pay item can be used to affirmatively pay the Contractor for all dewatering. Twenty five percent (25%) of this dewatering pay item would be paid as each block is completed. Can Collier County please add a lump sum Dewatering pay item to this project? Answer: No Question 9: Can you provide a detail for the catch basins with weir plates? Answer: Catch basins with weirs shall be precast 4,000 psi concrete structures with a 4-inch-thick concrete weir wall (where weir wall heights exceed 5 feet, shop drawings for the wall reinforcement must be provided before casting). All catch basins to be constructed per MOT standards and shall include a 2-foot sedimentation sump. Question 10: The solicitation states "Prices good for: 180 days." In normal times the 180 days might be reasonable. Unfortunately, due to continued material cost increases as well as material shortages outside the control of the contractor these are not normal times. Can the 180 days be lowered to 90 days? Answer: In the bid process, bids are held for 180 days. Once a contract is awarded, the Construction Services agreement which can be view in Bidsync has provisions that address this, specifically section 9.3 Question 11: The answers posted to the contractor questions increase the costs and risk on this project. To make sure all contractors affirmatively acknowledge seeing the questions and answers can Collier County please issue an addendum (with all questions and answers) once the question - and -answer period is closed? Answer: Yes Question 12: To ease the concerns of our bonding company we will need to add large contingency amounts to our bid to account for continued material cost increases as well as material shortages outside of our control. Can the current anticipated project budget of $18,000,000 be raised 15% to account for these factors? Answer: No Question 13: The 420 days for substantial completion is already aggressive, especially considering the phasing requirements which require restoration is completed as the project progresses. With the current material shortages, the 420 days is even more aggressive if not impossible. Can the substantial completion duration of the project increase by 90 days to 510 days? Answer: No Question 14: As a contractor currently doing projects for Collier County we are at a disadvantage since we clearly know Collier County's position on material cost increases. Contractors that work for private developers or other public agencies have received financial and strategic help with the material increases and shortages. The developers/agencies that have offered financial and strategic help have kept their projects moving and have made it even harder on Contractors doing work for public owners that are not partnering on this issue. It's our understanding that Collier County has been consistent with all contractors and pipe distributors in not compensating for cost increases. To create a level playing field, can Collier County provide various copies of letters sent in response to contractors and pipe distributors requests for material cost increases on current projects? Answer: Here is the pertinent language from the letters: Please be advised that the force majeure provisions in the Agreement do not provide for reimbursements due to market fluctuations in price but merely provides for the allowance of additional time based on interruptions of work due to unforeseeable causes. Any reference to cost impacts is misplaced because under the agreement you signed with the County, only time extensions, when warranted and supported by appropriate documentation can be considered per the language of the Force majeure clause. Moreover, the agreement also has an applicable No Damages for Delay Causes. Florida law has generally held that an impracticability of performance defense is inappropriate even where costs increased due to an extreme situation such as an energy crisis. In addition, the comments to the Restatement (Second) of Contracts A§ 261, further notes that "mere market shifts or financial inability do not usually affect discharge" of performance. A purchaser has a right to rely on performance regardless of what happens to the market price. In short, the fact that performance has become economically burdensome or unattractive is not sufficient for performance to be excused or the agreed upon price to be increased. Florida courts are reluctant to excuse performance that is not impossible but merely inconvenient, profitless, and more expensive Question 15: In the drawings there are modifications shown to Sanitary MH's SMH42 (Sheet 11) and SMH-27 (Sheet 20). Can pay items be added to account for this work? Answer: Pay item 3.7 for connecting new gravity sewer to existing manholes, this item includes the modifications to the existing manholes. Question 16: The minimum qualifications are worded in a way that cater to a select few contractors and prevents other well qualified contractors from bidding this project. Will the County consider revising the minimum qualifications to the following? 1.) Minimum contract value of $3,000,000. 2.) Within a built out residential neighborhood (not a new development). 3.) Within a ROW width of 60 feet or less. 4.) The installation of potable water mains (64nches or larger) and associated water services per each similar project. 5.) The installation of sanitary sewer mains and associated sewer laterals per each similar project. 6.) The installation of Stormwater piping (15-inches or larger) and associated structures and swales per each similar project. 7.) Rebuilding of roadways. Answer: No Question 17: Can the County please clarify why the Minimum qualifications changed? Was there a question asked that is not posted on the Q&A's? Please advise. Answer: All questions received have be posted in Bidsync. The FOR recommended these qualifications because of the following: o Qualifications are consistent with similar County projects; o Lessons learned from previous similar County projects; If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. LS ��- (Ri uns hirel Date I/4tic /I / s �L4A � (Name o irm) COlKer COurRty BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL Solicitation No: 22-7982 Solicitation Title: I05th Ave North and 106th Ave North Public Utilities Renewal BID SCHEDULE 1311)I)I:R; Douglas N. Higgins, Inc. ITEM NO. DESCRIPTION (105TH AVENUE NORTH) UNIT UNIT PRICE EST. QTY. AMOUNT SECTION 1A: GENERAL (105TH AVENUE NORTH) 1.1a Mobilization/Demobilization (Max 5% of 105th Ave. N. Subtotal Bid, without Allowances) LS $378,000,00 1 $378,000.00 1.2a Maintenance of Traffic LS $798,000,00 1 $7981000.00 1.3a Project Sign EA $9,000,00 2 $18,000,00 1.4a Survey Layout & Record Drawings LS $120,000.00 1 $120,000,00 1.5a Pre -Construction Video & Photographs LS $30,000,00 1 $301000.00 1.6a Post -Construction Video LS $4,500,00 1 $4,500.00 1.7a Clearing & Grubbing LS $672,000,00 1 $6721000.00 1.8a Vibratory Monitoring LS $1541000.00 1 $154,000.00 1.9a Remove, Dispose, and Replace Mailboxes EA $95.00 195 $18,525,00 1.10a Remove and Dispose Concrete, Asphalt and Gravel Driveway SY $2,001 7350 $14,700,00 1.11a Remove and Store Brick Paver Driveway SY $S'001 1850 $91250.00 1.12a Install Driveway i. Concrete SY $23.001 61550 1 $1501650.00 ii. Asphalt SY $5.00 800 1$41000.00 His Brick Pavers SY $45,001 11850 1 $831250.00 1.13a Driveway Coatings and Finishes i. Colored Concrete Coatings/Additives SY $140.00 175 $24,500,00 ii. Decorative (Stamped) Concrete Coatings and Finishes SY 1 $85.00 200 $17,000,00 1.14a Remove, Dispose, and Replace Sidewalk(including Temporary) i. Asphalt SY $30.00 300 $9,000,00 ii. Concrete SY $27.00 700 $18,900,00 1.15a Detectable Warnings SY $5.00 15 $75.00 1.16a Private Property Tree Removal EA $30.00 30 $900,00 1.17a Vehicle Guard Post EA $200600 16 $3,200,00 1.18a Owner's Allowance T&M $140,000,001 1 $140,000,00 SECTION 1A (GENERAL 105TH AVE. N.) SUBTOTAL: $2,668,450.00 SECTION 2A: WATER SYSTEM (105TH AVENUE NORTH) 2.1a Water Main Pipelines i. 8-inch C900 DR18 PVC LF $42.001 61200 1 $260,400,00 ii. 8-inch CLASS 350 DIP LF $23.00 50 1 $1,150,00 iii. 12-inch C900 DR18 PVC LF $80.00 90 1 $7,200,00 2.2a Gate Valves/Insert Valves/Line Stops L 6-inch Gate Valve EA $200,00 1 $200,00 ii. 8-inch Gate Valve EA $1,200.00 22 $26,400,00 iii. 12-inch Gate Valve EA $12,000.00 2 $24,000,00 iv. 6-inch Insert Valve EA $200000 1 $200,00 v. 8-inch Line Stop EA $400,00 1 $400.00 vi. 12-inch Line Stop EA $500.00 2 1 $1,000.00 2.3a Fire Hydrant Assemblies EA $2,800.001 13 1 $36,400.00 2.4a Water Services i. Short Single Service EA 1 $250.00 38 1 $9,500,00 ii. Short Double Service EA $450,00 31 $13,950,00 iii.1 Long Single Service EA $400,00 42 $16,800,00 iv. I Long Double Service EA $450,00 31 $13,950,00 lOSTH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL C -r County BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH I•lll 71[�l�jll����:iq�l�4rh_1� 2.5a Water Meter, Meter Box, and Backflow Device i. New Meter Box (Relocated Existing Meter and Backflow) EA $80.00 20 1 $1,600,00 ii. New Meter Box and New Backflow (Relocated Existing Meter) EA $450,001 164 $73,800.00 2.6a Water Meter Box (vacant property) EA $400,001 10 $4,000.00 2.7a Connection to Existing Water Main i. Vanderbilt Drive 8-inch PVC WM EA $69,000,00 1 $69,000,00 ii. 6th Street North 12-inch PVC WM EA $59,000,00 2 $118,000,00 iii. 7th Street North 8-inch PVC WM EA $59,000,00 1 $59,000,00 vi. US41 8-inch PVC WM EA $69,000,00 1 $69,000,00 v. 875 105th Fire Service EA $39,000,00 1 $39,000,00 2.8a Bacteriological Sample Points i. Permanent Sample Point EA $4,200000 1 $4,200,00 2.9a Air Release Valves EA $350.00 7 $2,450,00 2.10a Conflict Avoidance (Deflection) EA $500.00 5 $2,500,00 2.11a Temporary Connection to Existing Water Main EA $17000.00 4 $4,000,00 2.12a Removal and Disposal of Asbestos Concrete Water Main LF $12.00 61320 $75,840.00 2.13a Owner's Allowance T&M 1 $100,000.00 1 1 $1001000.00 SECTION 2A (WATER SYSTEM 105TH AVE. N.) SUBTOTAL:j $994,940900 SECTION 3A: WASTEWATER SYSTEM (105TH AVENUE NORTH) 3.1a 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace) LF $49.001 5,670 $2771830.00 3.2a Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i. Single Sanitary Sewer Service Lateral EA $150,00 205 $30,750,00 ii. Double Sanitary Sewer Service Lateral EA $50.00 5 $250,00 3.3a Private Property Sewer Service Lateral Replacement LF $30.00 200 $6,000,00 3.4a Relocate Driveway Sanitary Service Lateral EA $70.00 50 $3,500,00 3.5a Precast Polymer Concrete Manholes Remove Dispose, Replace) EA $99,000,00 14 1 386 000.00 3.6a Grout and Abandon Existing Gravity Sewer Main and Manholes LF $80.00 45 $3,600,00 3.7a Connect New Gravity Sewer to Existing Manhole EA $50,000,00 3 $150,000,00 3.8a Conflict Crossing Through Existing Box EA $84,000,00 1 $841000.00 3.9a Road Restoration - Stabilized Subgrade SY $0.50 15,800 $7,900.00 3.10a Road Restoration - Limerock Base (6 or 8-inch) SY $5.00 131000 $65,000.00 3.11a Road Restoration - 2-1/2" Asphalt (Two Lifts) SY $14.00 12,400 $173,600.00 3.12a Final Paving Striping/Marking LS $60,000.00 1 $60,000,00 3.13a Remove, Dispose, and Replace Concrete Curb LF $15.00 205 $3,075,00 3.14a Milling & Resurfacing SY $5.00 31300 $16,500,00 3.15a Owner's Allowance I T&M $2001000.00 1 $200,000,00 SECTION 3A (WASTEWATER SYSTEM 105TH AVE. N.) SUBTOTAL: $214681005.00 SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) 4.1a 15" RCP Pipe LF $30.00 15 $450,00 4.2a 18" ADS Pipe LF $100.00 41065 $406,500.00 4.3a 18" ADS Perforated Pipe in Water Quality Trench LF $150,00 21590 $3881500.00 4.4a 18" RCP LF $40.00 80 $3,200,00 4.5a 24" ADS Pipe LF $150,00 21815 $4221250.00 4.6a 24" ADS Perforated Pipe in Water Quality Trench LF $185,00 21700 $499,500,00 4.7a 24" RCP LF $100,00 90 $9,000,00 4.8a Catch Basin (Type C) w/ 2' Sedimentation Sump EA $250,00 45 $11,250,00 4.9a Catch Basin w/Weir Plate EA $25,000,00 6 $150,000,00 4.10a In -Line Drain (LD) EA $200,00 175 $35,000,00 4.11a Junction Box EA $15,000,00 8 $1201000.00 4.12a Private Property Yard Drains EA $50.00 20 $11000.00 4.13a Connection to Existing Storm Structure EA $400600 15 $6,000400 4.14a Modification of Existing Storm Structure EA $800.00 15 $121000.00 4.15a Mitered End Section EA $2,500,00 2 $51000.00 4.16a Swale Grading (not associated with the above pay items) LF $5.00 500 $2,500.00 4.17a Root Barrier LF $12.00 300 $3,600.00 4.18a I Owner's Allowance T&M 1 $150,000,001 1 $150,000.00 SECTION 4A: STORMWATER SYSTEM (105TH AVENUE NORTH) SUBTOTAL: $212251750.00 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL CAer County BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL SECTION 1A: GENERAL (106TH AVENUE NORTH) 1.1b Mobilization/Demobilization (Max 5% of 106th Ave. N. Subtotal Bid, without Allowances) LS $380,000.00 1 $380,000.00 1.2b Maintenance of Traffic LS $798,000,00 1 $798,000.00 1.3b Project Sign EA $9,000,00 2 $18,000,00 1.4b Survey Layout & Record Drawings LS $120,000,00 1 $120,000,00 1.5b Pre -Construction Video & Photographs LS $30,000.00 1 $30,000,00 1.6b Post -Construction Video LS $4,500,00 1 $4,500,00 1.7b Clearing & Grubbing LS $672,000,00 1 $672,000,00 1.8b Vibratory Monitoring LS $1541000.00 1 $154,000.00 1.9b Remove, Dispose, and Replace Mailboxes EA $95.00 190 $18,050,00 1.10b Remove and Dispose Concrete, Asphalt and Gravel Driveway SY $2,00i 71650 $15,300,00 1.11b Remove and Store Brick Paver Driveway SY $5,001 21200 $11,000.00 1.12b Install Driveway L Concrete SY $23.00 6,400 1 $147,200,00 ii. Asphalt SY $5.001 1,250 1 $61250.00 His Brick Pavers SY $45,001 2,200 1 $99,000,00 1.13b Driveway Coatings and Finishes i. Colored Concrete Coatings/Additives SY $140.00 300 $42,000,00 1.14b Remove, Dispose, and Replace Sidewalk(including Temporary) i. Asphalt SY $30.00 400 $12,000.00 ii. Concrete SY $27.00 700 $18,900.00 1.15b Detectable Warnings SY $5.00 15 $75.00 1.16b Private Property Tree Removal EA $30.00 30 $900,00 1.17b Vehicle Guard Post EA $200,00 16 $3,200,00 1.18b Owner's Allowance T&M $140,000,00 1 $140,000,00 SECTION 1A (GENERAL 106TH AVE. N.) SUBTOTAL: $2,690,375.00 SECTION 2A: WATER SYSTEM (106TH AVENUE NORTH) 2.1b Water Main Pipelines i. 8-inch C900 DR18 PVC LF $42.001 61200 1 $260,400,00 ii. 8-inch CLASS 350 DIP LF $23.001 50 $1,150,00 His 12-inch C900 DR18 PVC LF $80,001 90 $7,200,00 2.2b Gate Valves/Insert Valves/Line Stops i. 6-inch Gate Valve EA $200,00 1 $200,00 ii. 8-inch Gate Valve EA $1,200,00 21 $251200.00 iii. 12-inch Gate Valve EA $12,000,00 2 $241000.00 iv. 6-inch Insert Valve EA $200.00 1 $200,00 v. 8-inch Line Stop EA $400,00 1 $400.00 vi. 12-inch Line Stop EA 1 $500.00 2 1 $11000.00 2.3b Fire Hydrant Assemblies EA $2,800,00 13 $361400.00 2.4b Water Services i. Short Single Service EA $250,00 44 $111000.00 ii. Short Double Service EA $450.00 30 $13,500400 iii. Long Single Service EA $400.00 34 $13,600,00 iv. Long Double Service EA $450.00 35 $15,750,00 2.5b Water Meter, Meter Box, and Backflow Device i. New Meter Box (Relocated Existing Meter and Backflow) EA $80.00 25 1 $2,000.00 ii. New Meter Box and New Backflow (Relocated Existing Meter) EA $450.001 160 $72,000.00 2.6b Water Meter Box (vacant property) EA $400,001 11 $4,400,00 2.7b Connection to Existing Water Main i. Vanderbilt Drive 8-inch PVC WM EA $69,000.001 1 $69,000,00 ii. 6th Street North 12-inch PVC WM EA $59,000,00 2 $118,000,00 iii. 7th Street North 8-inch PVC WM EA $59,000,00 1 $59,000,00 vi. US41 8-inch PVC WM EA $69,000,00 1 $69,000,00 2.8b Bacteriological Sample Points i.1 Permanent Sample Point EA $4,200.001 1 1 $4,200.00 lOSTH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL Coer Courtly BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL 2.9b Air Release Valves EA $350,00 7 $2,450,00 2.10b Conflict Avoidance (Deflection) EA $500,00 5 $2,500.00 2.11b Temporary Connection to Existing Water Main EA $11000.00 4 $4,000,00 2A2b Removal and Disposal of Asbestos Concrete Water Main LF $12.00 61510 $78,120,00 2.13b Owner's Allowance T&M $1001000.00 1 $100,000.00 SECTION 2A (WATER SYSTEM 106TH AVE. N.) SUBTOTAL:j $994,670.00 SECTION 3A: WASTEWATER SYSTEM (106TH AVENUE NORTH) 3.1b 8-inch PVC Gravity Sewer Pipe (Remove, Dispose, Replace) LF $49.001 51680 1 $278,320,00 3.2b Sanitary Sewer Service Lateral (Replace, Dispose, and Reconnect) i. Single Sanitary Sewer Service Lateral EA $150,00 205 $30,750,00 ii. Double Sanitary Sewer Service Lateral EA $50.00 5 $250,00 3.3b Private Property Sewer Service Lateral Replacement LF $30.00 200 $6,000,00 3.4b Relocate Driveway Sanitary Service Lateral EA $70.00 50 $3,500,00 3.5b Precast Polymer Concrete Manholes (Remove, Dispose, Replace) EA $99,000,00 14 $1,386,000,00 3.6a Grout and Abandon Existing Gravity Sewer Main and Manholes LF $80.00 25 $2,000,00 3.7a Connect New Gravity Sewer to Existing Manhole EA $50,000,00 3 $1501000.00 3.8a Conflict Crossing Through Existing Box EA $84,000,00 1 $84,000,00 3.9a Road Restoration - Stabilized Subgrade SY $0.50 15,800 $7,900,00 3.10a Road Restoration - Limerock Base (6 or 8-inch) SY $5.00 13,000 $65,000,00 3.11a Road Restoration - 2-1/2" Asphalt (Two Lifts) SY $14.00 12,400 $173,600,00 3.12a Final Paving Striping/Marking LS $60,000,00 1 $60,000,00 3.13a Remove, Dispose, and Replace Concrete Curb LF 1 $15.00 210 $3,150,00 3.14a Milling & Resurfacing SY 1 $5.00 31300 $16,500,00 3.15a Owner's Allowance T&M $200,000,00 1 $200,000,00 SECTION 3A (WASTEWATER SYSTEM 106TH AVE. N.) SUBTOTAL: $2,466,970.00 SECTION 4A: STORMWATER SYSTEM (106TH AVENUE NORTH) 4.2b 18" ADS Pipe LF $100,00 41900 $490,000,00 4.3b 18" ADS Perforated Pipe in Water Quality Trench LF $150,00 21610 $391,500,00 4Ab 18" RCP LF $40.00 90 $3,600,00 4.5b 24" ADS Pipe LF $150,00 21840 $426,000,00 4.6b 24" ADS Perforated Pipe in Water Quality Trench LF $185.00 21680 $495,800.00 4.7b 24" RCP LF $100,00 100 $101000.00 4.8b Catch Basin (Type C) w/Sedimentation Sump EA $250,00 45 $11,250,00 4.9b Catch Basin w/Weir Plate EA $25,000,00 6 $150,000,00 4A0b In -Line Drain (LD) EA $200.00 170 $34,000,00 4.11b Junction Box EA $151000.00 4 $60,000.00 4.12b Private Property Yard Drains EA $50.00 20 $1,000.00 4.13b Connection to Existing Storm Structure EA $400600 20 $8,000.00 4.14b Modification of Existing Storm Structure EA $800,00 20 $16,000.00 4.15b Mitered End Section EA $2,500.00 2 $5,000,00 4.16b Swale Grading (not associated with the above pay items) LF $5.00 500 $2,500,00 4.17b Root Barrier LF $12.00 300 $3,600,00 4.18b Owner's Allowance T&M I $ISO,000.001 1 $150,000.00 SECTION 4A (STORMWATER SYSTEM 106TH AVE. N.) SUBTOTAL: $2,2581250.00 SUMMARY A -105TH AVENUE NORTH Section 1A. General (105th Avenue North) $2,668,450.00 Section 2A: Water System (105th Avenue North) $994,940,00 Section 3A: Wastewater System (105th Avenue North) $2,468,005.00 Section 4A: Stormwater System (105th Avenue North) $2,2251750.Oo SUBTOTAL A (105th Avenue North): $8,3571145.00 SUMMARY B - 106TH AVENUE NORTH lOSTH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL C0*18E T County BID SCHEDULE COLLIER COUNTY 105th AVENUE NORTH and 106th AVENUE NORTH PUBLIC UTILITY RENEWAL Section 113: General (106th Avenue North) $2,690,375.00 Section 213: Water System (106th Avenue North) $9941670.00 Section 36: Wastewater System (106th Avenue North) $2,466,970.00 Section 413: Stormwater System (106th Avenue North) $2,258,250400 SUBTOTAL B (106th Avenue North): $8,410,265.00 GRAND TOTAL SUMMARY A & B - IUDH & 1061 H AVENUES NORTH Section 1A & 113: General $5,358,825.00 Section 2A & 213: Water System $1,989,610.00 Section 3A & 313: Wastewater System $4,934,975.00 Section 4A & 46: Stormwater System $4,4841000.00 GRAND TOTAL 105TH & 106TH AVENUES NORTH: $16,767,410.00 * Owner's Allowance - for 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 Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change." 105TH AVENUE NORTH and 106TH AVENUE NORTH PUBLIC UTILITY RENEWAL 5 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT lOSth Ave on and 106th Ave or Public Utilities Renewal Name James Nelson Michael Lobello Construction Solicitation Doc rev 04152022 Bid No. 22-7982 Personnel Cate�ory Construction Superintendent Project Manager FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Signature: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Construction Solicitation Doc rev 04152022 EXCEPTION MANUFACTURER FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Asbestos Removal YYee. Cer+i� 2. Mechanical IMFQ frM 3. Paving MAAQ rsFL 4. Site Work 1 ,. r' +, &41 mg rs FL 5. Identify other subcontractors f� that represent more than 10% I of price or that affect the critical path of the schedule Company: Signature: Date: 5/10/22 Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. REMOVE RED TEXT IF NO SUPPLEMENTAL REQUIREMENTS EXISTSEE SUPPLEMENTAL QUALIFICATION REQUIREMENTS — (The Supplemental Qualifications takes precedence, should there be conflicting language lvith this form.) The Bidder is required provide fve (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 96th Ave. N. Public Utilities Renewal (project name) 96th Ave. N., Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install 18" and 24" HDPE stormwater pipe, rebuild roadway, (project description) 12non9-o4/08/21 $ 4,729,539.92 (project starucompletion dates) (contract value) 2' 95th Ave. N. Public Utilities Renewal (project name) 9541r Ave. N., Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install 18" and 24" HDPE stormwater pipe, rebuild roadway, (p5l'dject description) 06/26/18 - 01/10/20 $ 5.443,920 00 (project start/completion dates) (contract value) 3. I loth Ave. N. Public Utilities Renewal (project name) 110th Ave. N., Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe,n�stall 18" and 24" HDPE stormwater pipe, rebuild roadway, (p��Fject description) 2/28/17 - 4/20/18 $ 4,746,981.89 (project start/completion dates) (contract value) Collier County Public Utilities (project owner) 3339 Tamiami Trail E., Ste. 303, Naples, FL 34112 (Owner's address) Diana Dueri PMP (Owner's contact person) (title) 239-252-4218 Diana.Dueri(c�colliercountyfl.gov (phone) (email) Collier County Public Utilities (project owner) 3339 Tamianii Trail E. Ste. 303, Naples, FL 34112 (Owner's address) Corinne Trtan (Owner's contact person) 239-2524233 (phone) I73i7 (title) Corinne.Trtan(n�coll iercountyfl.gov (email) Collier County Public Utilities (project owner) 3339 Tamiami Trail E. Ste. 303, Naples, FL 34112 (Owner's address) Michael Stevens (Owner's contact person) (title) 239-252-2589 Michael.Stevens(a,colliercountyfl.gov (phone) (email) Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4• 107th Ave. N. Public Utilities Renewal (project name) 107th Ave. N., Naples, FL 34108 (project location) Install new 8 inch water main, 8 inch sewer pipe, install 18" and 24" HDPE stormwater pipe, rebuild roadway, (06ject description) 2/28/17 - 4/20/18 $ 3,279,116.35 (project completion date) (contract value) MPS 306 Force Main -Phase III/Naples Manor Water Main - Phase 2 (project name) Naples Manol• (project location) Install 8" water main, valves, hydrants, new water services & backflow devised, install 24" force project description) main, jack & bore, restore sidewalks, roadway, driveway and landscaping 1/9/2017 (project completion date) Company: Signature: $ 175243244.52 (contract value) Higgins, Inc. Collier County Public Utilities (project owner) 3339 Tamiami Trail E., Ste. 303, Naples, FL 34112 (Owner's address) Michael Stevens SPM (Owner's contact person) 239-252-2589 Michael.Stevens(u�colliercountyfl.gov (phone) (email) Collier County Public Utilities (project owner) 3339 Tamiami Trail E., Ste. 303, Naples, FL 34112 (Owner's address) Wayne Karlovich, PE (Owner's contact person) 239-252-5372 (phone) SPM Wayne.Karlovich(n�colliercountyfl.gov (email) e: 5/10/22 Construction Solicitation Doc rev 04152022 n• en m C 3 =o a o — m Z3 E ° v > > } N C O r. in v (U a Eto @ > > p } N Ln a n• c E m c v a M v > v Cv C J } } ei v r• C6. Y E to 3 v v ai > E ° > > H 0 CL c Y L E v m v — >' v EYo } } 0 io O o i= N n m N c 3 v v E } v v Y oLD } } O r. O a O a 0 m C t N to N N Y � 3 Z N 0 Ol Y 111 0 00 u C Ol O r4 J M N O0 Y O Ln CA 0) E M l0 O Q N n U hNt N 44 i N Q1 Q r{ } E O 0 O O U N N N DD > > O S V N O 00 1. N C O m OV U E Y C 7 = O _ W Q u O V V — O) C m V '- LL N 4- d O U O O L O d LL c .O fl d � U >. e M @) > 0) Ol y C (D C •- N � m M C > 00 > 7 W V N m O N N 0) U N > O H 0 N N N v m Ln `(D U N �"; U N C c m N C Ln 0) @ ul N 3 = C m 0) C N C 0) L N m O M C - U CA V U N N O N cc p U U U U G U N1. V 1.0 Q E n m fl m m Z 0 d W Z v ■ Z 0) 0) K Ol d > O j ci a ¢ . Q Q1 Y L ? L + OW) ONl a�-1 I 00 M O O m N - N � - O LA c_ O N i n L L O L 00 ) Q rn 4; L rn o - U o a; ul J m iB o �� Um co o ca m , (II Q to n U .c n " oU) N w m pxp .Qqr �✓ n W M1 ^ X m u U � N Ci �+� \ N o U L L a �L O o d Q C� a� o_ c� U LM Em O C 1 .�+ to �` C0 m c� V cco _ o� O 0 �' CD c 0 CL +, .E o o r� U N Q I i � /� \�� � t Y•j"iYS+•syc� _ Jl t atl tt J,� ��yy r � � � No t 'ia sgo 3 y am 04 Via= vInr Ina ON •owl: r- m�= •off, - Nomm NI INN x� t Nei wk &ON _= - IN y 000400, . 0*0 a. i� eE a '< Im AN. a • V'E 1 Ole - meet am ••i� _ IN . CA /efiI.%,�+ SEC r AW \IN 0:i0ga%V mI iwA t » 2m\d < «0 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Measure Measure uanti (Description) F SY 1. I Ye nL � k LenF 2UFOVV 2. I 1 000 3. �' q►16 �- S'� �� ODtc) 4. 5. Company: Dou las N. Hi ins I Signature: Ov Construction Solicitation Doc rev 04152022 Unit Cost 1 p. UU TOTAL $ -1 3� DSO Date: 5/10/22 Extended Cost Ova FORM 7 - BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Accident & Indemnity 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 Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five percent of the attached bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 224982105th Ave North and 106th Ave North Public Utilities Renewal. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance ofthe 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 remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 3rd day of May , 20 22 Douglas N. Higgins Inc. Countersigned Principal (Seal) Surety (Seal) Appointed Producing Agent for Hylant Group 24 Frank Lloyd Wright Dr. P.O. Box 541, Suite J4100 Ann or, MI 48106 �.. �oU ...�,� nw".o . �oun..a� ��a THE HARTFOFM POW]TF�JR OF ATTORN."Eff 13®�®ecilc One Hartford Plaza Hartford, Connecticut 06155 Bond.claims(&thehartford.coen call 8884664 488 or fax: 860457=5835 fitWOW AL.L PERS®h9S OY THESE PRI=SE6M10 THAT: agency Name: n I L-MM I %R®UP IhiC Agency Code(s): 35-351588, 35-350851, 81=151273 ® Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ® Hartford Accident: and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office In Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Susan E. Hurd, Vicki S. Duncan, Michael M. Hylant, Jamie Laurencelle, Kristie A. Pudvan, Lisa M. W1mot,Judy K. Wilson, Kathy S Zack, Terri Mahaklan their true and lawful Attomey(srin-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. mT f'L. It J Shelby Wiggins, Assistant Secretary ,belle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle L. LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant ice 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. , �••?04041��' Jessica Ciccone My Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 3 Signed and sealed in Lake Mary, Florida. t Keith D. Dozois, Assistant Vice President FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of 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 FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageLss) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage,(s� 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 be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificates) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Collier County Florida Insurance and Bonding Requirements Insurance on Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https:Happs.fldfs.com/bocexempt 2. ®Employer's Liability $_1,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Properly Damage. Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion.of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors &Omissions $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A " or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ®Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ®Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ®Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG - 3/28/22 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. DATE(MM/DD/YYYY) ,ac®R" CERTIFICATE OF LIABILITY INSURANCE L 1 3/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:V Hylant Group Inc - Ann Arbor PHONE FAx 24 Frank Lloyd Wright Dr J4100 E-MAIL Ex • 734-741-0044 we No): 734-741-1850 Ann Arbor MI 48105 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Valley Fore Insurance Co 20508 INSURED HIGGI5 INSURER B : Continental Insurance Company 35289 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A INsuRERc: Allied World Assurance Co Inc US 19489 Ann Arbor MI 48108 INSURER D : American Casualty Co of Reading PA 20427 INSURER E : Transoortation Insurance Co 20494 COVERAGES CERTIFICATE NUMBER:448083633 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MM/DDY/YYYY POLICY LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR U1061922047 4/1/2022 4/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 X Inc[ contractual GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OPAGG $2,0002000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BUA1061922033 _ 4/1/2022 4/1/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE U1061922050 4/1/2022 4/1/2023 EACH OCCURRENCE $8,0002000 AGGREGATE $ 8,0001000 $ DED I X I RETENTION$ n E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC7012265571 4/1/2022 4/1/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional/ Pollution 0312-7992 4/1/2022 4/1/2023 2,0001000 4,0001000 Each Claim Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Job - Underground Contractor Services, #20-7800. Additional Insured for General Liability, primary and non-contributory, as required by written contract - Collier County Board of County Commissioners, Workers' Compensation policy includes Maritime Coverage (Jones Act) in the amount of $1,000,000. Workers' Compensation policy includes Longshore and Harbor Workers' Compensation Act Coverage Endorsement WC000106A. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Goer Gounty Procurement Services Division FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor /vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above - mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. State of Michigan County of Washtenaw The foregoing instrument was acknowledged before me by means of this loth day of May (month), 2022 (year), by of person acknowledging). 0� Personally Known OR Produced Identification Douglas N. Higgins, Inc. Company Name a. Signature Krlhr A Wilkie UP Print Name and Title physical presence or ❑online notarization, IIv A W;Ik;e (name to of Notary Public -State of F-�©�id�)Michigan T�ayirl T, W;IkiP (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known 'DAVID J. WILKIE Type of Identification Produced Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 Co Mer County Procurement Services Division FORM 10 - VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub - vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this loth day of May , 20�in the County of Washtenaw , in Lite State of Michigan Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: las HigginsInc. 4485 Enterprise Ave. Naples, FL 34104 830666 OVD82 239-774-3130 kwilkie2000,dnhigai (ans.com Kelly A. Wilkie, Vice President Additional Contact Liformatio❑ Send payments to: Douglas N. Higgins, Inc. (required if different Company name used as payee from above) Contact name: Daniel Higgins Title: President Address: 3390 Travis Pointe Rd., Ste. A City, State, ZIP Ann Arbor. MI 48108 Telephone: 734-996-9500 Email: DanH�dnhiggins.com Office servicing Collier 4485 Enterprise Ave., Naples, FL 34104 County to place orders (required if different from above) Contact name: Mike Lobello Title: Regional Manager Address: 4485 Enterprise Ave. City, State, ZIP Naples, FL 34104 Telephone: 239-774-3130 Email: MilceL cr,dnluggins.com Secondary Contact for James Nelson, Superintendent this Solicitation: Email: JimmyNna,dnhiggins.com Phone: 239-253-3801 coney c014Hty Procurement Services Division FORM 11 - IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the &Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed &Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award, FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes &448.095, and agrees to comply with the provisions of the Memorandum of Understanding with &Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. 1011MI State of Michigan County of Washtenaw The foregoing instrument was acknowledged before me by means of this loth day of May (month), 2022 (year), by K of person acknowledging). ■ •• � � F Signature elly A. Wilkie, Vice President K Print Name and Title physical presence or � online notarization, Notary Public -State of F.lo�ida)Michigan T)avid .T- Wilkie (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Personally Known DAVID J. WILKIE Type of Identification Produced Notary Public, Michigan County of Washtenaw My Comm, Expires 05/20/2024 Ot Company ID Number: 364882 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464=4218. Employer Douglas N. Higgins, Inc. Suzanne Hawker Name (Please Type or Print) Electronically Signed Title 10/15/2010 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division Name (Please Type or Print) Electronically Signed Title 10/15/2010 Signature Date Information Required for the E-Verify Program Information relating to your Company. Company Name:Douglas N. Higgins, Inc. Company Facility Address:3390 Travis Pointe Rd. Ste. A Ann Arbor, MI 48108 Company Alternate Address: County or Parish: LSHTENAW Employer Identification Number: 381807765 Page 12 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify �1, �.y SECGA = �1. �� �IIII'II �z Company ID Number: 364882 North American Industry Classification Systems Code: 237 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: MICIRGAN 1 site(s) FLORIDA 3 site(s) Information relating to the Program Administrators) for your Company on policy questions or operational problems: Name: Telephone Number: E-mail Address: Name: Telephone Number: E-mail Address: Kelly A Wilkie (734) 996 - 9500 Fax Number: kwilide2OOO@,yahoo.com R Suzanne Hawker (734) 996 - 9500 Fax Number: rshawker@yahoo.com (734) 996 - 8480 (734) 996 - 8480 Page 13 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhS.gOV/E-Verify FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement C. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company's &Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 000464 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477 VISIT OUR WEBSITE AT: www.colliertaxoDlIector.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2022 LOCATION: 4485 ENTERPRISE AVE ZONED: INDUSTRIAL LIC 1541 BUSINESS PHONE: 774-3130 STATE OR COUNTY LIC #: CG C060189 1-10 EMPLOYEES ' CLASSIFICATION: 05-GENERAL CONTRACTOR CLASSIFICATION CODE: 05100101 This document is a business tax only. This is not certification that liter% LtGAL FOR % Corporatign �7 �_ T oualified. _ DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, DOUGLAS N. HIGGINS, INC IGGINS, DANIEL N 485 ENTERPRISE AVE FL 34104 -THIS TAX IS NON -REFUNDABLE - DATE 07/22/2021 AMOUNT 18.00 RECEIPT 500-22-00073991 It does not to co — 1 -4F I'� requ -bylaw red permit the licensee to violate any existing regulatory zoning 10so�3he nor does it exempt the licensee from any other taxes or permits that may be y9ade OjF§Or aa I certify from the records of this office that DOUGLAS N. HIGGINS INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on August 1, 1973. The document number of this corporation is 830666. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on January 4, 2022, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my liand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourth day of January, 2022 i 'eicred l 1t 0+State Tracking Number: 5629524288CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: //s ervices.sunbiz.org/Filings/Certif"icateofstatus/Certii'icateAuthentication O leu FFU z 7U ® +' ® c er Q o IF wPer ED L Qj W < U U Ln z Z ! o US) I rr z ._I- Q - ® z ®.._ N o api CV U cn o to �. -i r Ii I C (D E �V/. i i LLL�^LIr LL/// Io to I.c�c'Q}. i � (�i O U i, t`I ' ! LUT z QIF " IIIO i 7 f IF IF, Vsor er cnI I F If'11 I 4_ Z W itV-a o t JletoP i - Ij +-' Mir IF. or LL �.�;'Pro . c—F- _PIF IF ic , i r = O l.l.� i It ? i W.it fi5 U p I L(]1. V i i 2. �-- e JIM IF up ]�- W F- Q I;f Lj Q r ZSeem Z O �I t f �- �i W,` O ! z O c o Z z ,.-I o o; J zPer,_ }J z I IF_r ILL �. w — Q, IF ® pr , = Per J O m u >z LL Q p _or F Ul - y z cn z w aj w Z � Ov � N aper w �- e e, wr;; i Request fow Tl a5���t�yev Give Form to the FormWM9 Ide.o� D"ficaflon NIIQG`1)1 bey and UAW cation requester. Do not (Rev.Oclober2018) Departm rlgftheTreasury °' Send to the iRS, lntepinal Revenue Seivice I► Go to wwwJrs gov1FcrfnW9 for instructions and the latest information. i Name (as shown-on.your income tax return). )+lame is required on -this line; do not leave this line blank. Douglas N, Higgins, Inc. 2' 8usiness-narne/disregarded entity name, tf differeht from above -S Check appropriate box for federal tax classification of the person iAlhose name is entgred on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not individuals; see a Instructions on page 3): o ElIndividuallsole=proprietor or In/ C Corporation ❑ S Corporation ElPartnership ❑ Trust/estate E6 single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax.classi(loation (CrC corporation, S=S'corporation, P=Partnership) P e i Note: Check the appropriate box in ttlg dine above forthe tax classification of the -single -member owner, D,o not check Exemption from FATCA reporting 1n LLC if the LLC is•giessified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( Y) y another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that a g is disregarded from the owner should check the appropriate box for the tax classification of its owner. :e ❑ Other(Bee lnstructinns)0� (Ayu&er taaccwnlsma rzined outside iha USJ 5 Address (number, street, and apt. or suite no.) See instructions, Requester's name and address (optional) 3390 Trfivis Pointe Road, Suite A 0 Gity, state, and ZIP code Ann Arbor, Mi. 481O8 7 List account number(s) here (opttiona➢ DOW Taxpayer.Identificaiidn Number (TIN) Enter your TIN in the appropriate, box, The11N provided must match the name given on lime 1 to avoid Soolai security -number backupalen,sooWithholding, Forand this is generally ly your sects) security number (SSN). However, fo'r a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other r, or is - entities. it is vour emplover identification number (EIN). If you do not have a number, see How to get a TIN, later, or Note: If the account is in more than one name, seethe instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose numberto enter. 3 8 1 8 0 7 7 6 5 Under penalfles of perjury,) cerfify that: 1. The number shown an this form is my correct taxpayer identification number {or I am welting for a number to be issued to me);;and 2.1 am not sub'ect to bacliup withholding because: (a) I ain exemptfYom bacizup withholding, or (b) I have not beeh notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subjgctto backup withholding; and 3, Cain a U.S.-citizen or other U.S, person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification ttt tractions, You must crass, gilt item 2 above if you have. been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments oiheir than interest and dividends, you are not required to sign the certification, but you must provide your correci TIN: See the.lnsiruotions for Part 11, later. $tart Signature of Here U.S. person P� LOU =211TIMUM Section7eferences are to the Internal Revenue Code unless otherwise poled, Future developments. For the latest information about developments related to.Porni W-9 and its instructions, such as legislation enacted after they were published, go to www h-q.gov1FormW9.PurpPurpose of �eForm An indivIduat or entity (Foriri W-9 requester) w}io is required to file an information return with tale IR entiS must obta)n your correct taxpayer Idfication number (r1N)whish rrtay be your social security number (SSN), individual taxpayer identification number (ITiN), adoption taxpayer identification number.(ATIN), br employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. e Form 10994NT (interest earned or paid) ncluding those from stocks or Form 1099-DIV (dividends, imutual funds) Form.1099-ivl(Se_ (various typed of income, prizesr awards, or gross proceeds) d Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Farm 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) a Form 1098 (home modgage-interest), IQ98-E (student loan interest), 1098 T (tuition) a Form 1099<0 (canceled debt) a Form 1099-A (acquisition aor abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a redderit alien), to provide -your correct TW. lfyou do not return Farm W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. :Cat. No, 10231X Form W�9 (Rev. 10-20Is) FD=iT7 Florida Department of Transportation RON DESANTIS 605 Suwannee Sheet KEVIN J. TMBAULT, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY August 2, 2021 DOUGLAS N. HIGGINS, INC. 3390 TRAVIS POINTE ROAD ANN ARBOR, MICHIGAN 48108 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 9/30/2022. However, the new application is due 7/31/2022. In accordance with 5.337.14 (1) F.S. your next application must be £fled within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Pregualification Application System via the following link: IITTPS://fdotwpl.dot.state.fl.us/ContractorPreQualif±cation/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, GRADING, MINOR BRIDGES, R&R MINOR BRIDGES, UNDERGROUND UTILITIES, WATER MAINS, FORCE MAINS, PUMP STATIONS. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), their work underway monthly in order to adjust maximum bidding F.A.C., capacity to AA:cg Sincerely, . C�(� Alan Autry, Manager Contracts Administration Office ��c Y bnp�°ove Safety, Enhance Mobility, b�spire b�no��ation ���w.fdot.gov to certify available abo ve.