Loading...
Agenda 01/24/2023 Item #16C3 (To remove and abandon 30-inch raw water and 36 inch water mains, located within the SFWMD right of way)01/24/2023 EXECUTIVE SUMMARY Recommendation that Board of County Commissioners, acting ex-officio as the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 22-8043, for “Removal and Abandonment of 30” Raw Water Main and 36” Water Main,” to Douglas N. Higgins, Inc. in the amount of $863,380, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment (Water User Fee Capital Fund (412), Project 70271). OBJECTIVE: To remove and abandon 30-inch raw water and 36-inch water mains, located within the South Florida Water Management District’s (SFWMD) right-of-way. CONSIDERATIONS: In previously completed projects, the Collier County Water Sewer District (CCWSD) installed a new potable water main and raw water main under the Golden Gate Canal via a horizontal directional drilling method to replace the existing aerial pipes. After the new potable water main and raw water main were activated, the existing mains were abandoned in place. To fulfill the County’s commitment with the South Florida Water Management District (SFWMD), the aerial pipes and concrete pipe supports must be removed from the canal right of way to allow for future improvements to the Golden Gate Main Canal. On August 22, 2022, the Procurement Services Division issued ITB No. 22 -8043 for “Removal and Abandonment of 30” Raw Water Main and 36” Water Main.” The County received two (2) bids by the September 22, 2022 deadline, as summarized below: RESPONDENTS: Company Name City County ST Total Bid Responsive/ Responsible Douglas N. Higgins, Inc. Naples Collier FL $863,380.00 Yes/Yes Quality Enterprises USA, Inc. Naples Collier FL $1,150,000.00 Yes/Yes The engineering consultant, Johnson Engineering, Inc. (“JEI”), evaluated the bids and determined that Douglas N. Higgins, Inc. met all the qualifications required for this project and submitted the low bid. Douglas N. Higgins, Inc.’s bid is approximately 17% higher than the engineering consultant’s $738,000.00 opinion of probable cost. The opinion of probable cost provided by the engineer was based on the construction costs anticipated during the first quarter of 2022 and did not include cost escalation due to inflation and/or supply chain complications. Douglas N. Higgins, Inc., a Michigan corporation formed in 1973, has been doing business in Florida since 2004 and has performed a substantial amount of work for Collier County. Therefore, staff and JEI, recommend that Douglas N. Higgins, Inc. be awarded the contract as the lowest responsive and responsible bidder. The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, engineer’s letter of recommendation (the “DELORA”), the Notice of Recommended Award (the “NORA”) and contract are attached. Also, the project map is attached. FISCAL IMPACT: The source of funding is Water User Fee Capital Fund (412). A budget amendment is necessary to move $870,000 from US41 East Water Main Replacement Project 70248 into the Tamiami Raw water main replacement Project 70271. The additional $6,620 over the contract amount is to complete engineering services during construction. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. 16.C.3 Packet Pg. 577 01/24/2023 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, approves the award of ITB No. 22-8043, for “Removal and Abandonment of 30” Raw Water Main and 36” Water Main,” to Douglas N. Higgins, Inc., in the amount of $863,380, authorizes the Chairman to sign the attached agreement, and authorize the necessary budget amendment. Prepared by: Liz Gosselin, Project Manager II, Public Utilities Engineering & Project Management ATTACHMENT(S) 1. 22-8043 Solicitation (PDF) 2. 22-8043 NORA (PDF) 3. 22-8043 DELORA (PDF) 4. 22-8043 COI_Douglas N. Higgins. (PDF) 5. [Linked] 22-8043 Contract_Douglas N. Higgins, Inc_VendorSigned-with-Bonds (PDF) 6. 22-8043 Location Map (PDF) 7. 22-8043 Bid Tabulation (R) (PDF) 16.C.3 Packet Pg. 578 01/24/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 24130 Item Summary: Recommendation that Board of County Commissioners, acting ex-officio as the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 22-8043, for “Removal and Abandonment of 30” Raw Water Main and 36” Water Main,” to Douglas N. Higgins, Inc., in the amount of $863,380, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment (Water User Fee Capital Fund (412), Project 70271). Meeting Date: 01/24/2023 Prepared by: Title: Associate Project Manager – Public Utilities Planning and Project Management Name: Liz Gosselin 12/14/2022 4:41 PM Submitted by: Title: Director – Public Utilities Planning and Project Management Name: Matthew McLean 12/14/2022 4:41 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 12/16/2022 12:07 PM Water Pamela Libby Additional Reviewer Completed 12/22/2022 10:31 AM Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 12/22/2022 1:50 PM Water Howard Brogdon Additional Reviewer Completed 12/22/2022 2:49 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 12/26/2022 10:54 PM Unknown Sarah Hamilton Additional Reviewer Completed 12/27/2022 12:21 PM Procurement Services Sandra Herrera Additional Reviewer Completed 12/27/2022 12:46 PM Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 01/05/2023 3:00 PM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 01/06/2023 5:06 PM Public Utilities Planning and Project Management Matthew McLean Additional Reviewer Completed 01/09/2023 7:57 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 01/09/2023 2:24 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/10/2023 5:33 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/11/2023 8:49 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2023 3:58 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/17/2023 1:52 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/17/2023 3:12 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/18/2023 10:04 AM 16.C.3 Packet Pg. 579 01/24/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM 16.C.3 Packet Pg. 580 Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT SOLICITATION NO.: 22-8043 BERTA VILLAR, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 Berta.Villar@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. 16.C.3.a Packet Pg. 581 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 22-8043 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT Sealed bids for the construction of 30” Raw Water Main and 36” Water Main Removal and Abandonment will be received electronically until 3:00 P.M. LOCAL TIME, on the 22nd day of September 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: $800,000. 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 30th day of August, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received online by the Bid Date of September 22, 2022, at 3:00 p.m. 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 a nd 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 ag ent 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 qualifie d 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 li censes, 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 recor d and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, th e 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 ninety (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of sixty (60) 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, b ut not as a penalty, two thousand ($2,000) 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 conformin g 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 16.C.3.a Packet Pg. 582 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) Construction Solicitation Doc rev 04152022 Director, Procurement Services Division FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT BID NO. 22-8043 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 tim e 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 16.C.3.a Packet Pg. 583 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 sixty (60) 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 ninety (90) 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:____________________________ 16.C.3.a Packet Pg. 584 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT Bid No. 22-8043 Name Personnel Category Construction Superintendent Project Manager 16.C.3.a Packet Pg. 585 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 pr oposed 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 ________ 16.C.3.a Packet Pg. 586 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 additiona l sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 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: _________ 16.C.3.a Packet Pg. 587 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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. 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) 16.C.3.a Packet Pg. 588 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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: _________ 16.C.3.a Packet Pg. 589 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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: ________________ 16.C.3.a Packet Pg. 590 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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. 22-8043 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT. 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 16.C.3.a Packet Pg. 591 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 se parate 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. 16.C.3.a Packet Pg. 592 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 $_2,000,000___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 16.C.3.a Packet Pg. 593 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 – 8/16/22 ______________________________________________________________________________________________ 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 o f award. 16.C.3.a Packet Pg. 594 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 16.C.3.a Packet Pg. 595 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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: 16.C.3.a Packet Pg. 596 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) Additional Contact Information 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: 16.C.3.a Packet Pg. 597 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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 16.C.3.a Packet Pg. 598 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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. 16.C.3.a Packet Pg. 599 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT Bond No. Contract No. 22-8043 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. 16.C.3.a Packet Pg. 600 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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) 16.C.3.a Packet Pg. 601 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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.: 16.C.3.a Packet Pg. 602 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND 30” RAW WATER MAIN AND 36” WATER MAIN REMOVAL AND ABANDONMENT Bond No. Contract No. 22-8043 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. 16.C.3.a Packet Pg. 603 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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. 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.: 16.C.3.a Packet Pg. 604 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) 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.: 16.C.3.a Packet Pg. 605 Attachment: 22-8043 Solicitation (24130 : Raw Water Main and Water Main Removal and Abandonment) Notice of Recommended Award Solicitation: 22-8043 Title: Due Date and Time: 9/22/2022 at 3PM Respondents: Company Name City County State Total Bid Responsive/Responsible Douglas N. Higgins, Inc.Naples Collier FL $863,380 Yes/Yes Quality Enterprises USA, Inc.Naples Collier FL $1,150,000 Yes/Yes Utilized Local Vendor Preference: Yes No N/A On August 22, 2022 the Procurement Services Division issued Construction ITB Solicitation 22- twenty-nine thousand one hundred and eighty-eight (29,188) vendors. Seventy-two (72) vendors viewed the bid package. The County received two (2) bids by the September 22, 2022 deadline. Staff reviewed the bids received, two bids were deemed responsive and responsible. Staff determined that Douglas N. Higgins, Inc. is the lowest responsive and responsible bidder. Staff recommends the contract to be awarded to Douglas N. Higgins, Inc., the lowest responsive and responsible bidder, for a total contract amount of $863,380. Contract Driven Purchase Order Driven Required Signatures Project Manager: Procurement Strategist: Procurement Services Director: __________________________________ _________________ Sandra Herrera Date 16.C.3.b Packet Pg. 606 Attachment: 22-8043 NORA (24130 : Raw Water Main and Water Main Removal and Abandonment) (239)334-0046 ■ www.JohnsonEngineering.com SINCE 1946 October 27, 2022 Via Email Only: Berta.Villar@colliercountyfl.gov Ms. Berta Villar Procurement Strategist Collier County Procurement Services Division 3295 Tamiami Trail East Naples, FL 34112-5361 RE: Design Entity’s Letter of Recommended Award Collier County Solicitation No.: 22-8043 Project: 30” Raw Water Main and 36” Water Main Removal and Abandonment Dear Berta: The bid opening for the above-referenced project took place on September 22, 2022. Collier County provided the results of the opening to Johnson Engineering, Inc. and we performed an evaluation of the results. The scope of this project includes removing the existing 30” raw water main and 36” water main aerial crossings and associated support piles from the existing South Florida Water Management District (SFWMD) canal right of way. The table below lists the two responsive bidders and the bid amounts submitted from lowest to highest and our recommendation is contained herein. BIDDER BASE TOTAL BID AMOUNT Douglas N. Higgins, Inc. $863,380.00 Quality Enterprises USA, Inc. $1,150,000.00 Following the bid opening on September 22, 2022, Collier County prepared the enclosed Bid Tabulation Analysis, which includes an analysis for mathematical errors. Collier County found no mathematical errors. For comparison purposes, Johnson Engineering, Inc. provided Collier County with an Opinion of Probable Construction Cost in the amount of $738,000.00 dated January 31, 2022. The low bid submitted by Douglas N. Higgins, Inc of $863,380.00 is $125,380.00 higher (approximately 17%) than the Engineer’s Opinion of Probable Construction Cost. The Opinion of Probable Construction Cost provided by the engineer was based on the construction costs anticipated during the first quarter of 2022 and did not include cost escalation due to inflation and / or supply chain complications. Additionally, this type of aerial crossing removal project is unique to Collier County and there have been limited similar projects completed to use as a basis for cost comparison. Douglas N. Higgins, Inc. did acknowledge Bid Addendums #1 and #2, and all the required forms. The results of the Bid Tabulation Analysis show Douglas N. Higgins, Inc. as the lowest bidder. 2122 Johnson Street ■ Post Office Box 1550 ■ Fort Myers, Florida 33902-1550 16.C.3.c Packet Pg. 607 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment) Ms. Berta Villar Re: Design Entity’s Letter of Recommended Award Collier County Solicitation No.: 22-8043 Project: 30” Raw Water Main and 36” Water Main Removal and Abandonment October 27, 2022 Page 2 Research of Douglas N. Higgins, Inc. Johnson Engineering contacted five references provided in the bid submitted by Douglas N. Higgins, Inc. All five references provided in their bid submitted were responsive to our communications. The responses from those references are provided herewith. The references did confirm the referenced projects, contract amounts, and had positive comments. Douglas N. Higgins, Inc. is a corporation formed in 1973 in the state of Michigan and has been authorized to transact business in the State of Florida. Included in their bid is the paperwork from the State of Florida, Division of Corporations which shows authorization to transact business since August 1, 1973. They are an active corporation filed under FEI No. is 38-1807765. Douglas N. Higgins, Inc. is registered with the Florida Department of Business and Professional Regulation as a Certified General Contractor, License No. CGC060189 and is current and active until 08/31/2024. In addition to this research, Douglas N. Higgins, Inc. is currently one of the nine approved underground utility contractors on Collier County Contract #20-7800 Annual Contract for Underground Contractor Services and has performed many utility projects for Collier County Public Utilities. Furthermore, Johnson Engineering has personally worked with Douglas N. Higgins, Inc. on various projects of similar scope and magnitude in Collier County and other surrounding counties in southwest Florida. Based upon the Bid Tabulation Analysis performed by Collier County, the research performed by Johnson Engineering, and past work experience Douglas N. Higgins, Inc. with Collier County and Johnson Engineering, we find that Douglas N. Higgins, Inc. appears to be a responsive and responsible bidder. Subject to concurrence with Collier County’s Purchasing and Contracts Administration Division, and Douglas N. Higgins, Inc. furnishing the appropriate bonding and other required insurances, we believe their selection by Collier County in the amount of $863,380.00 for the intended work contained within the bid documents to be the appropriate choice. Should you have any questions, or require additional information, please let us know. Very truly yours, JOHNSON ENGINEERING, INC. William H. Saum, P.E. WHS/ljb Enclosures 20203066-024 16.C.3.c Packet Pg. 608 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment) Project Manager: Benjamin Bullert Procurement Strategist: Berta Villar 30" Raw Water Main 36" Water Main Removal and Abandonment BID TABULATION Notifications: 29,188 Downloaded: 6 Bids: 2 ITEM NO. DESCRIPTION EST. QUANT. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization/Demobilization (Maximum of 10% of Construction Total)1 LS 84,000.00$ 84,000.00$ 115,000.00$ 115,000.00$ 70,000.00$ 70,000.00$ 2 Pre-Construction Audio/Video Recording 1 LS 6,000.00$ 6,000.00$ 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 3 Survey Layout and As-Built Drawings 1 LS 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 4 Furnish and Install Construction Project Sign 1 LS 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 2,000.00$ 2,000.00$ 5 Maintenance of Pedestrian and Vehicular Traffic 1 LS 12,000.00$ 12,000.00$ 41,000.00$ 41,000.00$ 6,000.00$ 6,000.00$ 110,000.00$ 171,500.00$ 85,500.00$ ITEM NO. DESCRIPTION EST. QUANT. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 6 Disconnect Water Main Below Ground a.30" DIP Raw Water Main 2 EA 24,000.00$ 48,000.00$ 18,800.00$ 37,600.00$ 3,000.00$ 6,000.00$ b.36" PCCP Water Main 1 EA 24,000.00$ 24,000.00$ 21,400.00$ 21,400.00$ 5,000.00$ 5,000.00$ 7 Abandon 30" Raw Water Main Valve (South Side of Canal)2 EA 14,800.00$ 29,600.00$ 8,500.00$ 17,000.00$ 2,500.00$ 5,000.00$ 8 Disconnect and Remove Raw Water Main Air Release Valve 1 EA 6,000.00$ 6,000.00$ 3,500.00$ 3,500.00$ 2,000.00$ 2,000.00$ 9 Remove Existing Water Main Aerial Crossing a.30" DIP Raw Water Main (Approximate Length = 156 FT)1 LS 124,000.00$ 124,000.00$ 31,500.00$ 31,500.00$ 30,000.00$ 30,000.00$ b.36" PCCP Water Main (Approximate Length = 135 FT)1 LS 154,000.00$ 154,000.00$ 31,500.00$ 31,500.00$ 40,000.00$ 40,000.00$ 10 Grout Existing Pipelines a.30" Raw Water Main - North Side of Canal 265 LF 89.00$ 23,585.00$ 70.00$ 18,550.00$ 125.00$ 33,125.00$ b.30" Raw Water Main - South Side of Canal 175 LF 89.00$ 15,575.00$ 70.00$ 12,250.00$ 125.00$ 21,875.00$ c.36" Water Main - North Side of Canal 330 LF 114.00$ 37,620.00$ 90.00$ 29,700.00$ 150.00$ 49,500.00$ 11 Excavate and Expose 40 LF of 36" Water Main, Determine if Grout Filled 1 LS 19,000.00$ 19,000.00$ 37,500.00$ 37,500.00$ 30,000.00$ 30,000.00$ 12 Remove and Dispose Concrete Pile and Pile Cap a.Located within Canal Waterway 6 EA 21,400.00$ 128,400.00$ 82,000.00$ 492,000.00$ 40,000.00$ 240,000.00$ b.Located along Canal Bank 4 EA 18,400.00$ 73,600.00$ 44,000.00$ 176,000.00$ 30,000.00$ 120,000.00$ 683,380.00$ 908,500.00$ 582,500.00$ ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 13 *Owner Directed Work Allowance: Unforeseen Conditions 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 863,380.00$ 1,150,000.00$ 738,000.00$ Opened/Date: Kris Lopez 9/22/2022 Witness/Date: Juan Delgado 9/22/2022 Quality Enterprises USA, Inc.Douglas N. Higgins, Inc. Completed Bid Forms:Douglas N. Higgins, Inc. Quality Enterprises USA, Inc. Bid Schedule Yes Yes Bid Response Form (Form 1) Yes Yes Contractor's Key Personnel Assigned to Project - (Form 2) Yes Yes Material Manufacturers (Form 3) Yes Yes List of Major Subcontractors (Form 4) Yes Yes Statement of Experience of Bidder (Form 5) Yes Yes Trench Safety Act Acknowledgement (Form 6) Yes Yes Bid Bond (Form 7) Yes Yes Insurance and Bonding Requirements (Form 8) Yes No* Conflict of Interest Affidavit (Form 9) Yes Yes Vendor Declaration Statement (Form 10) Yes Yes Immigration Affidavit Certification (Form 11) Yes Yes Bidders Checklist (Form 12) Yes Yes Collier County Business Tax Receipt (if applicable) Yes Yes License Yes Yes SunBiz Yes Yes E-Verify Yes Yes 70,000.00$ 908,500.00$ 171,500.00$ *Minor irregularity EOR Estimate SECTION 1: GENERAL SECTION 2: WATER SYSTEM ABANDONMENT SECTION 3: ALLOWANCES COST SUMMARY 85,500.00$ 582,500.00$ 70,000.00$ *Owners Allowance is 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. W-9 Yes Yes CONSTRUCTION COST: SECTION 1 SUBTOTAL: SECTION 3 SUBTOTAL: T&M UNIT SECTION 2 SUBTOTAL: SECTION 3: ALLOWANCES SECTION 2: WATER SYSTEM ABANDONMENT SECTION 1: GENERAL 110,000.00$ 70,000.00$ 683,380.00$ Page 1 of 1 16.C.3.c Packet Pg. 609 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment)   VENDOR REFERENCE CHECK LOG    Solicitation No.: 22‐8043 Reference Check by: Brad P. Sundermeier  Solicitation Title:  30” Raw Water Main and 36” Water  Main Removal and Abandonment Date: 10/18/2022  Bidder’s Name: Douglas N. Higgins Inc. Phone: 239‐461‐2467  Design Entity: Johnson Engineering, Inc.      REFERENCED PROJECT:  Project Name:  Construction of Reclaimed  Water Distribution System  Expansion – Option T‐1  Project  Location: City of Naples  Project Description:  Expand the City of Naples reclaimed water distribution system. The 12” reclaimed  installation was approximately 12,000 ft. long consisting of both open cut & directional  drill methods, including services to approximately 130 locations, 13 new fire hydrants.  Completion Date: 10/21/2015 – 10/17/2016 Contract Value:     $1,990,871.47  Project Owner/Title: City of Naples – Utilities Department  Owner’s Address:  380 Riverside Circle,  Naples, FL 34102 Phone: (239)‐213‐4713  Owner’s Contact  Person: Allyson Holland, P.E.  E‐Mail:   Formerly: AMHolland@naplesgov.com  Currently: aholland@gradyminor.com    1.    Was project completed timely and within budget? (If not, provide detail)                        Yes, Higgins completed the project on time and within budget.  The City added a small extension to the   project during construction and Higgins completed the additional work without hesitation.    2.    Was the submittal/review process performed satisfactorily? (If not, provide detail)  Yes, no issues at all as Higgins is in the City’s library of underground contractors and knows the City’s specs   well.    3.    Was the construction process performed satisfactorily? (If not, provide detail)  Yes, the construction process was performed satisfactorily.  We had a small dewatering issue in the   beginning, but we addressed concerns with Higgins immediately.  They corrected the issue, and it did not   happen again.    4.    Did the process run smoothly? Were there any changes? Describe below.  Yes, the entire project ran smoothly.  As mentioned above, there were a few changes and issues, but   everything was resolved effortlessly.      5. Was the contract closeout process performed satisfactorily? (If not, provide detail)  Yes, no issues or concerns with the closeout process.    6.    Any warranty issues since closeout? Were they responded to and performed satisfactorily?  No warranty issues or complaints from City or residents.    7.    Additional comments:  DN Higgins has always been a reliable and honest contractor to work with.  16.C.3.c Packet Pg. 610 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment)   VENDOR REFERENCE CHECK LOG    Solicitation No.: 22‐8043 Reference Check by: Brad P. Sundermeier  Solicitation Title:  30” Raw Water Main and 36” Water  Main Removal and Abandonment Date: 10/21/2022  Bidder’s Name: Douglas N. Higgins Inc. Phone: 239‐461‐2467  Design Entity: Johnson Engineering, Inc.        REFERENCED PROJECT:  Project Name:  SCRWTP Tamiami  Wellfield RAW WM  Valves & Meter  Replacement  Project  Location: South County Regional Water Treatment Plant  Project Description:  Installed a new above‐ground raw water metering and valving station, along with electrical,  instrumentation and site civil work. The existing abandoned meter vault and related  abandoned pipework was filled with flowable fill. Two manually‐operated raw water gate  valves were replaced and site restoration.   Completion Date:  02/02/2016 –  02/14/2017  Contract  Value:     $540,543.08  Project  Owner/Title: Collier County Public Utilities  Owner’s Address:  3339 Tamiami Trail, Ste.  303, Naples, FL 34112 Phone: (239)‐252‐5344  Owner’s Contact  Person:  Alicia Abbott,  PMP  E‐Mail: Alicia.Abbott@colliercountyfl.gov     1.    Was project completed timely and within budget?  (If not, provide detail)                        Yes.    2.    Was the submittal/review process performed satisfactorily? (If not, provide detail)  Yes.    3.    Was the construction process performed satisfactorily? (If not, provide detail)  Yes.    4.    Did the process run smoothly?  Were there any changes?  Describe below.  Yes. After substantial completion, there were approved change orders that included work related to    unforeseen conditions discovered during construction.     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:   N/A          16.C.3.c Packet Pg. 611 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment)     VENDOR REFERENCE CHECK LOG    Solicitation No.: 22‐8043 Reference Check by: Brad P. Sundermeier  Solicitation Title:  30” Raw Water Main and 36” Water  Main Removal and Abandonment Date: 10/18/2022  Bidder’s Name: Douglas N. Higgins Inc. Phone: 239‐461‐2467  Design Entity: Johnson Engineering, Inc.        REFERENCED PROJECT:  Project Name:  Immokalee Rd./Collier  Blvd. 24” and 16”  Forcemain  Project  Location: Immokalee Rd./Collier Blvd.  Project Description:  Installation of 24” Wastewater Forcemain along Immokalee Rd.; connect to existing plug  valve at Esplanade Country Club ran to Broken Back Rd. part of which was enclosed in a 42”  steel casing. Installed (2) 24” Wastewater Forcemains running northward along the east  side of Broken Back Rd. approximately 850’ & capped. Installed a 16” Forcemain to connect  to the Collier Blvd. forcemain over the canal, then turned northward to a directional drill  under Immokalee Rd. to tie to (3) 24” mains. Removal of existing 16” forcemain along  Immokalee Rd. and abandon using flowable fill.   Completion Date:  11/24/2014 –  05/12/2016  Contract  Value:     $645,9444.42  Project Owner/Title: Collier County Public Utilities  Owner’s Address:  3339 Tamiami Trail, Ste.  303, Naples, FL 34112 Phone: 239‐252‐2554  Owner’s Contact  Person:  Craig Pajer,  P.E.  E‐Mail: Craig.Pajer@colliercountyfl.gov     1.    Was project completed timely and within budget?  (If not, provide detail)                        Yes.    2.    Was the submittal/review process performed satisfactorily? (If not, provide detail)  Yes.    3.    Was the construction process performed satisfactorily? (If not, provide detail)  Yes.    4.    Did the process run smoothly?  Were there any changes?  Describe below.  Yes, it ran smoothly. No change ORDERS.     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:   Great firm!         16.C.3.c Packet Pg. 612 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment)   VENDOR REFERENCE CHECK LOG    Solicitation No.: 22‐8043 Reference Check by: Brad P. Sundermeier  Solicitation Title:  30” Raw Water Main and 36” Water  Main Removal and Abandonment Date: 10/24/2022  Bidder’s Name: Douglas N. Higgins Inc. Phone: 239‐461‐2467  Design Entity: Johnson Engineering, Inc.        REFERENCED PROJECT:  Project Name: PS 302.07 Canal Crossing  Project  Location: Near Valley Stream Dr.  Project Description:  Installation of an 8‐inch PVC sanitary sewer and manhole installation on the east and west  sides of the Lely Main Canal as well as an 8‐inch PVC sanitary sewer across the canal. The  project consists of approximately 307 LF of 8” PVC sanitary sewer main, 148 LF of which will  be used for canal crossing, repurposing existing PS 302.07 and the installation of three  sanitary sewer manholes, grouting of abandoned lines.   Completion Date:  05/14/2018 –  12/10/2018  Contract  Value:     $483,994.00  Project  Owner/Title: Collier County Public Utilities  Owner’s Address:  3339 Tamiami Trail, Ste.  303, Naples, FL 34112 Phone: 239‐252‐4233  Owner’s Contact  Person:  Corinne  Trtan, PM  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.  Not smoothly, but it was not their fault. No cost changes.     5. Was the contract closeout process performed satisfactorily?  (If not, provide detail)  Yes.    6.    Any warranty issues since closeout?  Were they responded to and performed satisfactorily?  No.    7.    Additional comments:   Great contractor and would work with them again.                16.C.3.c Packet Pg. 613 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment)   VENDOR REFERENCE CHECK LOG    Solicitation No.: 22‐8043 Reference Check by: Brad P. Sundermeier  Solicitation Title:  30” Raw Water Main and 36” Water  Main Removal and Abandonment Date: 10/24/2022  Bidder’s Name: Douglas N. Higgins Inc. Phone: 239‐461‐2467  Design Entity: Johnson Engineering, Inc.        REFERENCED PROJECT:  Project Name:  Sunshine Blvd. & Green  Blvd. Water Main  Project  Location: Sunshine Blvd./Green Blvd.  Project Description:  Clearing and dewatering; installed 14” HDPE DR 11 Horizontal Directional Drill; installed  approximately 555 LF of 12: PVC Water Main; connect to existing water main; installed air  release valves; installed fire hydrant assembly; installed gate valves; abandon, remove, and  grout existing water main; asphalt and driveway restoration; installed sod.  Completion Date:   05/23/2019 –  12/14/2019  Contract  Value:     $250,791.29  Project  Owner/Title: Collier County Public Utilities  Owner’s Address:  3339 Tamiami Trail, Ste.  303, Naples, FL 34112 Phone: 239‐252‐8836  Owner’s Contact  Person:  Shon  Fandrich, P.E.  E‐Mail: Shon.Fandrich@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, minor changes due to unforeseen underground conditions.     5. Was the contract closeout process performed satisfactorily?  (If not, provide detail)  Yes.    6.    Any warranty issues since closeout?  Were they responded to and performed satisfactorily?  No.    7.    Additional comments:   None.    16.C.3.c Packet Pg. 614 Attachment: 22-8043 DELORA (24130 : Raw Water Main and Water Main Removal and Abandonment) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/7/2022 Hylant Group Inc -Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 734-741-0044 734-741-1850 Valley Forge Insurance Co 20508 HIGGI-5 Continental Insurance Company 35289DouglasN.Higgins,Inc. 3390 Travis Pointe,Suite A Ann Arbor MI 48108 Allied World Assurance Co Inc (US)19489 American Casualty Co of Reading PA 20427 Transportation Insurance Co 20494 1471136844 D X 1,000,000 X 500,000 X Includes XCU 15,000 X Incl contractual 1,000,000 2,000,000 X Y U1061922047 4/1/2022 4/1/2023 2,000,000 A 1,000,000 X X X BUA1061922033 4/1/2022 4/1/2023 B X X 8,000,000U10619220504/1/2022 4/1/2023 8,000,000 X 0 E X N WC7012265571 4/1/2022 4/1/2023 1,000,000 1,000,000 1,000,000 C Professional/ Pollution 0312-7992 4/1/2022 4/1/2023 2,000,000 4,000,000 Each Claim Aggregate 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 $1,000,000. Workers'Compensation policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement WC000106A. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 16.C.3.d Packet Pg. 615 Attachment: 22-8043 COI_Douglas N. Higgins. (24130 : Raw Water Main and Water Main Removal and Abandonment) 16.C.3.d Packet Pg. 616 Attachment: 22-8043 COI_Douglas N. Higgins. (24130 : Raw Water Main and Water Main Removal and Abandonment) Location Map N 16.C.3.f Packet Pg. 617 Attachment: 22-8043 Location Map (24130 : Raw Water Main and Water Main Removal and Abandonment) Project Manager: Benjamin Bullert Procurement Strategist: Berta Villar  30" Raw Water Main 36" Water Main Removal and Abandonment BID TABULATION Notifications: 29,188 Downloaded: 6 Bids: 2 ITEM NO. DESCRIPTION EST. QUANT. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization/Demobilization (Maximum of 10% of Construction Total) 1 LS 84,000.00$ 84,000.00$ 115,000.00$ 115,000.00$ 70,000.00$ 70,000.00$ 2 Pre-Construction Audio/Video Recording 1 LS 6,000.00$ 6,000.00$ 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 3 Survey Layout and As-Built Drawings 1 LS 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 4 Furnish and Install Construction Project Sign 1 LS 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 2,000.00$ 2,000.00$ 5 Maintenance of Pedestrian and Vehicular Traffic 1 LS 12,000.00$ 12,000.00$ 41,000.00$ 41,000.00$ 6,000.00$ 6,000.00$ 110,000.00$ 171,500.00$ 85,500.00$ ITEM NO. DESCRIPTION EST. QUANT. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 6 Disconnect Water Main Below Ground a. 30" DIP Raw Water Main 2 EA 24,000.00$ 48,000.00$ 18,800.00$ 37,600.00$ 3,000.00$ 6,000.00$ b. 36" PCCP Water Main 1 EA 24,000.00$ 24,000.00$ 21,400.00$ 21,400.00$ 5,000.00$ 5,000.00$ 7 Abandon 30" Raw Water Main Valve (South Side of Canal)2 EA 14,800.00$ 29,600.00$ 8,500.00$ 17,000.00$ 2,500.00$ 5,000.00$ 8 Disconnect and Remove Raw Water Main Air Release Valve 1 EA 6,000.00$ 6,000.00$ 3,500.00$ 3,500.00$ 2,000.00$ 2,000.00$ 9 Remove Existing Water Main Aerial Crossing a. 30" DIP Raw Water Main (Approximate Length = 156 FT) 1 LS 124,000.00$ 124,000.00$ 31,500.00$ 31,500.00$ 30,000.00$ 30,000.00$ b. 36" PCCP Water Main (Approximate Length = 135 FT) 1 LS 154,000.00$ 154,000.00$ 31,500.00$ 31,500.00$ 40,000.00$ 40,000.00$ 10 Grout Existing Pipelines a. 30" Raw Water Main - North Side of Canal 265 LF 89.00$ 23,585.00$ 70.00$ 18,550.00$ 125.00$ 33,125.00$ b. 30" Raw Water Main - South Side of Canal 175 LF 89.00$ 15,575.00$ 70.00$ 12,250.00$ 125.00$ 21,875.00$ c. 36" Water Main - North Side of Canal 330 LF 114.00$ 37,620.00$ 90.00$ 29,700.00$ 150.00$ 49,500.00$ 11 Excavate and Expose 40 LF of 36" Water Main, Determine if Grout Filled 1 LS 19,000.00$ 19,000.00$ 37,500.00$ 37,500.00$ 30,000.00$ 30,000.00$ 12 Remove and Dispose Concrete Pile and Pile Cap a. Located within Canal Waterway 6 EA 21,400.00$ 128,400.00$ 82,000.00$ 492,000.00$ 40,000.00$ 240,000.00$ b. Located along Canal Bank 4 EA 18,400.00$ 73,600.00$ 44,000.00$ 176,000.00$ 30,000.00$ 120,000.00$ 683,380.00$ 908,500.00$ 582,500.00$ ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 13 *Owner Directed Work Allowance: Unforeseen Conditions 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 70,000.00$ 863,380.00$ 1,150,000.00$ 738,000.00$ Opened/Date: Kris Lopez 9/22/2022 Witness/Date: Juan Delgado 9/22/2022 Quality Enterprises USA, Inc.Douglas N. Higgins, Inc. CONSTRUCTION COST: SECTION 2 SUBTOTAL: UNIT T&M SECTION 3 SUBTOTAL: SECTION 1 SUBTOTAL: 171,500.00$ 908,500.00$ 70,000.00$ SECTION 1: GENERAL SECTION 2: WATER SYSTEM ABANDONMENT SECTION 3: ALLOWANCES Completed Bid Forms: Douglas N. Higgins, Inc. Quality Enterprises USA, Inc. Bid Schedule Yes Yes Bid Response Form (Form 1) Yes Yes Contractor's Key Personnel Assigned to Project - (Form 2) Yes Yes Material Manufacturers (Form 3) Yes Yes List of Major Subcontractors (Form 4) Yes Yes Statement of Experience of Bidder (Form 5) Yes Yes Trench Safety Act Acknowledgement (Form 6) Yes Yes Bid Bond (Form 7) Yes Yes Insurance and Bonding Requirements (Form 8) Yes No* Conflict of Interest Affidavit (Form 9) Yes Yes Vendor Declaration Statement (Form 10) Yes Yes Immigration Affidavit Certification (Form 11) Yes Yes Bidders Checklist (Form 12) Yes Yes Collier County Business Tax Receipt (if applicable) Yes Yes License Yes Yes SunBiz Yes Yes E-Verify Yes Yes *Minor irregularity EOR Estimate SECTION 1: GENERAL SECTION 2: WATER SYSTEM ABANDONMENT SECTION 3: ALLOWANCES COST SUMMARY 85,500.00$ 582,500.00$ 70,000.00$ *Owners Allowance is 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. W-9 Yes Yes 110,000.00$ 70,000.00$ 683,380.00$ Page 1 of 1 16.C.3.g Packet Pg. 618 Attachment: 22-8043 Bid Tabulation (R) (24130 : Raw Water Main and Water Main Removal and Abandonment) 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., Suite 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 "30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT", Invitation to Bid No, 22-8043 ("Project"), as said Work is set forth in the Plans and Specifications prepared by JOHNSON ENGINEERING, INC., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section B hereof, the Legal Advertisement, the Bidding Documents and any duty executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto, All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting_ Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a goad 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; Eight Hundred Sixty -Three Thousand and Three Hundred Eighty Dollars ($863,380), 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.aovlc570tc570.html#certified. Should the Contract Amount be less r Construction ServJces Agreement, [2622 ver.3i 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 b. Contract Time and Liauidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within sixty (fib) 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 fall 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, Two Thousand Dollars ($2,000) 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 COO ) Construction Services Agreement' 12022_ver.3J 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 G. Exhibits Incornorated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #22-8043 "30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT." Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendurns Exhibit A-3: Contractor's List of Key Personnel Exhibit 13-1: Payment Bond Forms ❑ Not Applicable Exhibit B-2: Performance Bond Forms ❑ Not Applicable Exhibit 13-3� Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit ❑: Contractor Application for Payment Form 3 Construction Services Agreement: 12422_ver.3] 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 022.8043 "30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT." The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: httns://www.bidsync.com/bidsvnc-cast, 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: JOHNSON ENGINEERING, INC. X❑Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 3339 Tamiami Trail East, Suite 303 Naples, FL 34112 Attn: Liz Gosselin, Project Manager 11 Phone: (239) 252-1037 Email: Liz.Gosselin@CollierCountyFL.Gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, Email or Facsimile, addressed to the following: DOUGLAS N. HIGGINS INC. 4485 Enterprise Ave. Naples, FL 34104 Attn: Kelly A. Wilkie, Vice President Phone: (239) 774-3130 Email: kwilkie200DA_dnhiggins.com 1 MikeLt-dnhiggins.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. a Constructlen 5erftCs Agreement: 12022_Ver.31 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 t❑ 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 ❑f the successors and assigns of the parties to the Agreement, Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida, Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement, Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: [2922 ver.3] Section 16. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between ❑r 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 Gonslruclion Services Agreement: 12022jer.3] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS David Swaine Print Name SECOND WITNESS David Wilkie Print Name Date: ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller MV Appro/ed,oj,6FFm_ and Legality: County Attorney 3 Print CONTRACTOR: DOUGLAS N. HIGGINS INC. By. ' L t L( L. _ Kelly A. Wiloe, Vice -President 12/18/22 Print Name and Title Date OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA %"V William L. McDaniel Jr., Chairman Construction Services Agreement: [2022_ver.3] CAQ EXHIBITA-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) Construction Services Agreement: [2022_ver.31�� Collier Counly 30" Raw Water Mah1 36" Water Main Removal and Abandonment 1311) SCHEDULE m22r2o22 ITEM NO.QEST,JAN DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE_ 1 MabiiizallurtlDemplllllzatlon Maximum of 1010 of Conslnrclion Tela_I) 1 LB $ 84 000.00 $ B4,000.00 2 Pre•Gonstrucllon AudloNldeo Recording 1 LS $ 6.000.00 $ 6,000,00 3 Survey La oul and As•Bullt Drawings 1 LS $ 5.000.00 $ 5,000.00 4 Furnish and Install COnskuction Project SI n 7 I LS $ 3,000,00 1 $ 3,003'00 S MalMenanaa of Pedestrian and Vehicular Traffjc 1 LS $ 12,000,00 $ 12,OOp.00 SECTION 1 SUBTOTAL: $ 11C.000.00 ITEM DESCRIPTION OUANEST. UNIT UNItIRRiCE EXTENDED PRICE 6 Disconnect Water Main Below around a. 30" DIP Raw Water Main 2 EA $ 24 000.00 $ 46 000.00 b, 55" PCCP Waler Main 1 EA $ 24 000,00 $ 24,000.00 7 lAbandon 30" Raw W®ter Main Valve south Side of Canal 2 rAo 11800,00 $ 29.600.00 8 Dtsconnect and fiamove ,Raw Water Main Air Reioasa Valve 1 EA 1 $ 6.000.00 $ 6,000.00 9 Rernovo Exiatln Walar Main Aorlal Crossing a, 30" DIP Raw Water Main A roxlmaie Len Ih -156 F 1 LS 1 1 124 000,00 $ 124 000.00 b. 30" PCGP Water Main (Approximate Len Ih r- 135 FT 1 LS 154 000.00 154 000.00 10 Grout Exletln Pi ellnea a. 30" Raw Water Main - North Side of Canal 266 LF S 80.00 23.505.00 b- 30" Raw Water Maln - Soulh Side of Canal 175 LF $ 89,00 $ 15 578.00 c- 36" Water Main - North Side of Canal 330 LF 1 $ 114.00 37 620,00 11 Excavate and Expose a 40 LF of 38" Water Main Determine If Grout Flllad 1 LS $ 10,000A0 $ 10.000.00 6 EA $ _21 h00,00 $ 126 40C,00 12 Remove and Dispose Concrete Pile and Pile Ca a. Located within Canal Walerwa 6. Located along Canal Bank 4 1 EA I $ 18,400,00 $ 73,600.00 SECTION 2 SUBTOTAL: $ 083,380,00 ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE NO. 13 'Owrer Directed Work Allcwam;e; Uirforeseen Conditions I TB,M 1 $ 70.000.00 $70.000.05 SECTION 3 SUBTOTAL: $ 7000.00 SECTION 1; 05NERA $ 110,00O,On SECTION 2; WATER SYSTEM ABANDONMENT 5 883,380,00 SECTION 3: ALLOWANCES $ 70 000,00 CONSTRUCTION COST: $ 863,38D.00 'Owners Allowance is For Owners Use Its Directed, This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions andfor as directed by the Owner tnciusion of the Allowance as part of the Coniraof Priem is not a gunran lea that the Contrnctor will be pnid any portion ar the full amount of the Allowance. Expenditures of Owners Allowance will be made iftrough Change Order with proper docwnentatian OrTime a,ul N1A162ls supporting VIC chengC. Page 1 of 1 EXHIBIT A-2; CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 0 Construction Sorvices Agreement; (2022 ver.3l Director, Procurement Services Division FORM I - 61 D RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT BID NO.22-8043 Fu11Name ofRiddcr .I-fi gins lnc. Main Business Address 3390 Travis Pointe Rd., Ste. A, Ann Arbor, N4148108 Place of Business 4435 Enterprise Ave-, Naples, FL 34104 Telephone No. _ _ 232-774.3110 —Fax No, 239-774-42G4 State Cont•4ctor's License ft C0,1706018 -- T--� — — _ -Slate of Florida Certificate of Authority Document Number__81066� Federal Tax Identification Number 38-1907765 DUNS !i 01-722-2l B3 CCRfI Cage Code ovm To: BOARD OF COUNTY COMMISSIONrRS OF COLLIFIRCOUNTY, FLORIDA (hereinafter called the Owner) -fhe 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 k 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 accented, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means ofconstuction, including utility 4nd Iransp❑rialion 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 forlh in the fbllowing 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 Starr. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement forrn attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance C:ertiticates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, tnsurance 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 toss if the Successful l3idder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event ofsuch 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 receivrr 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 04752022 Successflil 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 irthe successful Bidder faits to execute and deliver the Agreement, lnsurence Certificates, and Bonds in a timely manner. Upon receipt orihe 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 aid within sixty (60) 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 ninety (90) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day ofsuch period. Acceptance end acknowledged by en Authorize Agent Yja4ySignature• Title: yiceaf Date, 9/22/22 CA)O Construction SohcHatron Doc rev 04152022 CERTIFICATE OT SECRCTARY The undersigned, being the duly elected secretary of 'Douglas N. Hi ins, Tnc. , a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Oixectors of said corporation at a meeting help on April 1, 2020 and said .resolution is in gull force and effect: "RBSOLVED, That the following listed persons are hereby authocized to execute, on behalf of ❑oug.las N. [iiggin°s, l:nc ., any and all contracts and documthnts." Matthew T. DeLuca Daniel N. Rigglas Douglas David J, Wilkie Kelly A._Wilkie Dated: AppiX_ It _2020 4tbj',�, juk).'� IC ly �A. ' ilkie Secretary FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT Bid No. 22-8043 n James Nelson Mike Lobello Personnel Catejam Construction Superintendent Project Manager Conslruction Solicitation Doc rev 04152022 �p,D FORM 3- MATERIAL MANU Ac: fl RIFIRS THIS FORM MUST BE COMPLETED OR BID MAYBE DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including ❑ompliance with Florida Statute 255.24 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. Exceplions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, If an exceplion 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 constilute acceptance of material proposed on INS list, Complete and sign section A OR S. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, f confiinn that we will use all manufacturers and materials as specifically oullined N the Bid specifications. Company: tgtaLhLWiggut8,_fnc. Signature; W's ►u CIF P Section B (Exception requested to Bid specifications rnnnufacturers and materials) 1, 2. 1 4. S. Date: - 9/22/22.-- EXCEPTION MATERIAL EXCEPTION MANU AC'TURPR Please insert additional pages as necessary - Company: _ �u Signature; Date Construction Solicitation Doc rev 04152022 (AO) FORM d - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR DID 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 specifleations. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed lierein 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 00cunpents, including, but siat limited to proper licenses, certifications, registrations and insurance coverage, The Owner reserves the right to disqualify any Bidder who Includes noncompliant ornonqualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional Bost 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 far any portion of work on this project must be qualified as noted above. Major Category of Work Subcontractor and Address I. Electrical 2. Mechanical 1 Plumbing 4. pile Work ", r A— S0 . Identify other subcontractors that represent more than 10% of prise or that affect the critical path of the schedule S43✓r ,� Ite�tc ICl- +•1 111411 t 00V Company: _ Dougilas N. Higgins, Inc. Signature:&jLq� ___ Date: _ 122/22 Construction Solicitation Doc rev 04152022 CA FORM 5, STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, slated below, of what work of similar magnitude completed within the Iasi five (5) years is a judge of its experience, skill and business standing and of its abi lity to conduct the work as completely and as rapidly as required under the terns of the Agreement. I. Q.. Alln l—1 (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (plbjeet staiilcompletion dates) (contract value) (phone) 2. (project name) (project location) 93 (protect Owner) (Owner's address) (email) (title) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) (project name) (pinjectlocation) (project owner) (Owner's address) (project description) (Owner's contact person) (title) (project slarticompletion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 CAC] FORM S - STATI MENT OF EXPERIENCE OF BIDER k (project name) (project owner) (project location) (Owner's address) (project description) (owner's contact person) (title) S (project completion date) (contract value) (phone) (email) S. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (project completion date) (contract value) (phone) (email) Company: Signature; (title) Construction Solicitation Doc rev 04152022 9 �5�.'FY�r't�Tgmleml Wellliald Rf1W NHA Valves 8 Maier rteplacerndnl Jalr No 1220.16 - Addre2s�prolggl IyEa0a!}erJ'Jlulus:. Collier County Public U11141as 3339 Tarnlami Trail E„ Sic 303 Noplde, FL 34112 Alicia AhhvllI Project Mgr. (239) 252-5344 a wli$17tipi16aeoll le rRov.nel MWH 3600 Cofonlal Blvd„ $is, 1100 Fl- Myers, FL 33907 Matthew 13tlbbins, P.E, (239) 27151-2220 Fatuuuiy2, 24)16 E set), ,43,0g February 14. 29t7 In9lglled a now shove,Qround rawwolar niatofing rind velving olallan. aldhg wllh eleoirlcal, InstrumonNUon and slis civil work, The exlsiing abandoned moler vauil and related abandoned ptpawork was filled vilth Ilorrable 111j, Two manually'aporoled raw water gale valve$ were ronlacad and silo raslorallon EXPERIENCE 5 Sunahlnv Blvd. 8 Gruen Blvd Walor Main .lob No: WO.19 Collier Covnly Putilic Ullllllna 3339'rarnlaml Trall E„ SIs, 303 Naples, FL 34112 (239) 252-8M313 Shon Fandilch, P.E. Johnson ENlnaering 2122 Johnson St. l Myers, F'L 33902 (239)334.0046 Michael Dickey. P.E. r ehnrn c .earn �QW(arl Wife' Mny23.2019 Fhlal Conlrarl Amount: $260,791.29 Cvmatetivn Date: Decembeit 14, 2019 f'rolecl Qpsglolton: Claatrng and dewsladna: installed 14" FIDPE DR i I Hwl2onlal blrecllonai Drill: Installed apprgxlmalery 555 LP F1 or 12" PVC Wolor Maln; ;onneci to sklating wdtor nialn; inslalled air release Vaives; rnslatldd Ilia iydranl assambly; Inatalled gale valVea; &hpndon, ramovd and grout exisling water main; asphall and drlvoway reslaradan; Inslalled cad, l CXPERIENCE 5� Pro oGt Name: ConsirtiGllon of Flu claimed Willer DisIdbulldn Syslurn l;rrpanslon- Opllvn T I Job No. 002- I5 uwn01-- Addles$ w-Pf91 Pl_Mannaer - Pho_ne: city of Naples • UdUOes Dop1. can RI-tee3 to co-. Naples, FL 34102 Atlysan Holland, Deputy director (239)213.4713 A MJ WI IoTid.12 n. n le r 9 ev.c n m Engineer - Address - Phone: yVaslon 8 Sampson Engineers, Inc. d21Q Molro Pkwy., Sla, 250 Fort Myers, FL 33917 Jolrory Wilson, P.E. (239) 437.4001 Wllrn?1J06YreIde rem Con;rapl [)At q October 21, 2015 NOW 9008rt Amounh $1.990,871.47 Comalnitan Dole Ociahar 11, 2016 Protect ❑asciltlllon: This project was designed to akpand Iho City or Naples reclaimed walar distribution syslam. The 12" reclaimed Inalallollon was approx. 12,00Q 11, tang ennalslfng of bath opan out a direcuatlal drill rnalhods, Ihtluding aervlcee to opprox. 130 Mcallana, 13 now rtre hyaranta. EXPERIENCE Immokelao Rd.lCalller Blud_ 24' and 10" Fareamoln ,lob No, 924.14 colilar County Public Witltles 3339 Tamlaml Trall E., Ste. 303 Naples, FL 34112 Craig Paler, P.E. (23Q)252-2504 i ral,rPalrrrPcalllotam-gel mariner - Address • Phong. CH2M Hilt 5801 Pelican Bay Blvd„ Ste, 536 Naples, FL 3411011 Nil Gramor, P.E, (239) 431-9222 gjt1,GMMorLaCr1 M,wm contract Dale: Ncvomber 24, 2014 Figgl GoriVacl Amount: te45,944.42 Cgmnlaiton Data May 12, 2010 nallollan of 24" Wastewater Farcemaln along Immoxarea Rd ; connect eklallrlq plug yalyn al Esplanade Gourilry Club can to &dken Bark Rd. r1 of which was gncloged In a 42" slaal casing, Inslnlled (2) 24" Waale, Ilar Foreornaths running northward along the east side of 9raken Back I. approx, 1150' 8 cappod Inalalled a IV' Fvrcamaln to ronnoPt to Ilia aver Blvd. lorcemaln over the moral, than ILmod nor0rward to a oolional Of undar Immukalee Rd, to lye to (3) 7.4" males. RamoVal a>,tsling 16" fortiamaln along Immokoloo Rd. and abandon using (9 PrQLesl Nnma: P& 302.07 Caftal CICr#BBrf7g --' Jvls No. i54U-ls owner—[�dd[�prr_Pra eci M_enege_r . phaly Collier County Pukllc UIHIil9s 3330 Ternfaml Trait E„ Slo. 302 Naplas, FL 34112 (2393 252.4213 Corinne Trion. f1M Cadnne,Tfti0�+S91I rco4ntytl tar EnglneaL- Address - Phone: RWA 5ftginearingg 6610 Wllkm Park Or sle. ROO Naples. Ft 31109 Kelsh4 Wosibrock, P E, (239) 597-b575 k54 s t LklR P k=_a n s U u�v:. c a m rpfllf beta: May 14, 2010 F1 acl Amounl. $4B3,Id94.00 CGII]QI9Jp dal®; ❑@cumber 1n, 2018 Pi-0J% +� chE!n( r. Inslallellon or an B Inch PVC 921140ry newer and manhole Instellalian an iha Seel and wart sides of gla Lely Main Gunal as well an 0 inch PVC srlrllisly sewer aefoss lho cenai. Tho prodncl conalsls of oppfox, 307 LF or0, PVC ednllAry -war fnailt, 148 LP of which will be for Ina Caner Crossing, rep Prong axisltng PS302.07 and the Installailn of tiling "Mary sewer manholes, 0roulhly of abandonedItnes, STAI EMENT - SOUTHWBTdIVIYON STATEMENT-SOUTHW(ST 01V151ON roll; Creekalde Forcomaln- Philso 1 Jab Na. 1240.16 Owno -A a e; What County Public WilOas 3339 Tamlam) Trull F., Ste. 303 Naples, FL 34112 (234)?52-5343 Paler Scholl, SPM ai rrc l e k r �rgfnear_A r a �f�0�: COM Smllli 4210 Malro Pkwy-, Ste. 230 Fart Myers, FL 3391e (239) 030•13ep0 Jason Scfandra, A.E. Schndrala�iodmrmilh.com �2n r la August 5, 2016 L1YjqLQgrL1r= Ama yj: $204.024.00 Co t.gLe. on del& JVIy 24, 2017 P141eq�gesctllSllgn; Inatelled approximately 2000 LF of 24.Indh dlamalof FtDF'E Force mein using open cul conslrucllan. Inatalred approximaloly 173 LF al 24-Inch I WE farce main within o 364rich stoel cdriing pipe ueing jock gild bore tonmrurtion, t2dslora0an and dean-up- Protoci Name: Benda Springs Ulligles-plan) Ellluanl MOV Replacement Project Narita Conitecl 13 • Cenal Pump 90eRan Jab No: t446.21 Owaer_• QdtlrQas . prole if onager • Phone:_ Job No: 2g00-17 130filia Springs upptles, OF C3wnar -Address - Prolecl frleneser - f hone: 11990 E, Telly S!, 11990 Cky of Cape Coral UEP Deparlmenl Springs, FL 34135 BoaltsP.O. Box (239j 072.57W . FL 33975 Cape Coral. FL Cody Kai lb, pM 574.0035 rYsrltt�abw.ur iovin F+rgginacn, P-E- lCavi FxgIn�L�ddreas�Phdng' kr•„yIr.Aln�nrt NIA Enaljoer - Address - Phone; CdM Smith 2100W. Flrot Ell., EM. 406 FI. Myers, FL 3390t (239) 939.0000 C,onirsct t700: Augunt 30, 2021 FJttal L M"A A_pr ounl: 435.210.58 ConlraclQela: AugVsl 14, z017 Completion data: Mtober 13, 2021 pLp1 acrl tp I Fingi Contract Anlounl: $t3,501,000.06 ❑ug for 24^ Rouse floe pipe, gal dawolodng pump, chip concrete Completion Qate: November 13, 2020 pad of motor operaled yalve, rneol PUMP, state, clean pipe, not blg pump far drain, foady for shut down; cut drain pipe, I Prolacl Pascrintlon: Cons1ruc0on or a 32•m9d cgpaclly surfaca walar pump eiallan insiall valve. Install 241 steava, slone pipe, backrdl and compatl: Including a building housing all eioeldral canlrots, a 7601cW repgir Alf Release Valve, farm and pour pad, grsde, sad and standby generator, Four 300 hp valiahle speed verircaf tuWriu pumps, 5 prindor pumps, 2 chemical pumps, 1 submBrslpin Goan up pump, diesel fuel lanks, a cast-in•plecs concrete MIA(, slruclure with 3 Submerged wedge-Mra trtlaka screens; Irrlgallon water Iransmisslon mains, water, Irrill0cia walor, and sewer service oxineed#ns; landrrcaping; itdgngcri sylam; fesiarallan C AQ FORM G-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OP. 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 Florlds TrenchSaiety A0(9M6, Laws of Florida) effective October 1, 1990.'Che Bidderfutiheridentifes the cost to be summarized below; 2. 3. C 5. Trench Safety Units of Unit Unit Exlcnded Cost Measure Measure (ouantitvl Coat (Description) i( F,SY} TOTAL, _ 00 Company: Douglas N, Higgins, Inc. Signature, Date; Construction Solicitation Doc rev 04152022 0 FORM 7 -RID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVEINON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we „Doup flas N, Higgins, Inc. (herein aRer called tine Principal) and t tartford Accident and lndemnity Comnang , (herein called the Surety), a corporation chartered and existing under the laws of the State of Q1 Willi its principal offices in tine city of Hartford _ and authorized to do buslne5s in the State of t.t` are held and firmly bound unto the �'olliel-County Hnh�d nfCounty Cam n,issinners � (hereinafter called the Owner), in the full and just sutn of dollars ($_ so/. ) good and lawful money of the United States ofAmerica, 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 sevel•ally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bld For furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as aid No. 22-8043 30" RAW WATER MAIN AND 36" WATER MAIN REMOVAL AND ABANDONMENT. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and ilia 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 ilia 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 ❑ocumenis Willi good and sufficient surety fol• the faithful performance ortheAgreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the, event of the Failure of the PRINCi PAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, irthe PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 5°l,, ol.aitaellcdnoted 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 _22nd day of_Seutember.. _ , 20 22 . BY COUllte Prin,dpal (Seal) Surety (Seal) Appointed Producing Agent for_Hylant Group, 24 frank Lloyd Wright Dr_, Suitc 14100, Ann Arbor, MI'49105 E? Direct inquirieslCialms to. THE HARTFORD POWER OF ATTORNEY 9pNUectic one Hartford PIBzA Hartford, Connacllcut08155 Ciantl.Cia lia7 S��Itp�1���t1�C4pj cal, 088-466-3486 or fax. 660-757.5835 KNOW ALL PERSONS DY THESE PRESENTS THAT, Agancy Name: HYI,ANT GROUP INC/TROY Ago ncy Gods: 3 5 - 351588 Hartford Fire Insurance Company, a corporation duly organized under tile laws orthe Stale ❑rconnecurut Hartford Casualty Insurance Company, P corporalion duly urgnt}i'f.Cd Linder the wvs of the state or hldianit t r Hartford Accident and Indemnity Company, a corporation duly organized under the larva orthe Stnic of Coniloalicut Hartford Underwriters Insurance Company, it cnrparillion duly organized under the laws of Vic Stale ofCondcelicul Twin City Fire Insurance Company, it curpufation dutyorganircd under the Ism, of the stair orindinno Hartford Insurance Company of Illinois, a carporalion duly arganiYod under the ialvs of the Slate Of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the imys oriha stair or I idians Hartford Insurance Company of the Southeast, a corponlion duly organized tender ll►e laws orthe Stuic of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, uplotheamountaf Unlimited , Susan E. Hurd, Vicki S. Duncan, Theresa J, Foley, Nicholas R Hyiant, Jenni.lfer A. Jarosz, Jamie La,urencelle, 5araya S. Nair, Kristie A. Pudvan, Judy K. Wilson, Kathy 5 Zack of TROY, Michigan lholr true and lawful Allofney(s)-irl-Fact, each In their separate capacity if more than one is named above, to sign its name as sufety(fes) only as dellnealed above by 0, and to execule, seal and acknowledge any and all bonds, undertakings, conlracla and other written instruments in the nature thereof, on behalf of the Companies in thsirbuslness 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 an 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 5ocratary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affifm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ',nur,l+4 S � L ! �rrWq� t< y�5e+r,r.r,ry � f' yrcapaa,rra Shelby Wtgpins, Assistant Secretary Joelle L_ LePlerre, Assistant Vice President STATE OF FLOPIDA ss. Lake Mary COUNTY Of SEMINOLE On this 201h day of May, 2021. before me personally came Joelle LaPierfe. to me known, who being by me duly sworn, did depose and say: that (s)he resides In Seminole County, State of Florida; that (s)he Is the Assistant Vice President of the Companies, the corporations described In and which executed the above instrument; that (s)he knows the seals of the said corporations; That the seals affixed In the said Instrument ere such corporate seals; that they were so atilxed by eulhonty of the Boards of Uireclois of sold corporations and that (s)he signed his/her name thereto by like authority. Jeirica ciccorlS My Currimirrion Hti N22$0 F.epiraoJune 20.7021 I, the undersigned, ASSlstant Vice President of the Companies, DO H! REBY CERTIFY that the $hove and foregoingg Is a true and correct copy of the Power of Attorney executed by said Cornpanles, whloh Is still In full force effective as of Septern-beJ: 22 , 2 D22 Signed and sealed in Lake Mary, Florida. •_ r tY� �' r ::,t,uu.,,;yr; � LD0?' /i,yerrroyyd � sv't4yti•��` ri°�ria �,►+� •p :' a {Yti'r{t, a„� ; � �+11,Y► � `y •rQ 79 4 �D! 9 �^ '� y P79 • SY:�. 1 • A'�t • ,, rr,Hla f1�{Y ^r,T,fj�V •] Kalth 0. Dozols, Assistant Vice President C/kD FORM B- 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 asset forth in FORM & of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value orthe scope of work. The County and ilia Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and al l ofthem, all damages covered by properly 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 or subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each or there to include similar waivers in their conu'acls. Collier County shall be responsible for purchasing and maintaining its own liability insurance, 7ertificates issued as a result of the award ofthis solicitation must identify "far 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 C'oliier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability or interests provisions. The Certificate Holder shall be named as Collier County hoard 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 (lie minimum requirements set forth in FORM B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents, If Vendor has any sclf- 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 ar deductibles and provide satisfactory evidenceoffnancial responsibility For such obligations. All self -insured reierit ions or deduct i b les will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date orcomrnericement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, wltichaver is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy Caneellatiort 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 twenly-four (24) hours after receipt, ofany 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 rtiquirement 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] required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverages pumhased. 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 purxhase such insurance, nor shall it be responsible For ilia coverageW 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 ol• any subsequently issued Certificate of lnsurancc expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Ccrtificatc(s) of lnsurancc not later than ten (10) calendar days after the expiration date oft the certificate, Failure of the Vendor to provide the County with such renewal certificates) shall be considered justification forthe County to terminate any and all contracts. DATE (MMIDONYYY) . Olxbr CERTIFICATE OF LIABILITY INSURANCE 312912022 THIS CERTIFICATE 15 ISSUED AS A MATTER CIF 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 OP 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 en ADDITIONAL INSURED, the poliry(ies) nlusl have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require Rn endorsement. A statement on tHs Certificate does not COnfnr rights t4 the certificate holder In IieU 081-ICh endorsement(s). PRolluCER 1-lyiant Group Inc - Ann Afbof 24 frank Lloyd Wrighl Dr .l4100 Ann Arbor Ml �40105 M PHONE 73A FAA734 741-1 50 mf lam 734INC. mpl, 741 OQ44 nAse INSURERJ$ AFFORDINQCOVERAGE _ NAON 2050E _ INSURER A: Valley Kor a insurance Co INSURED FIIGGI5 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 481ot3 INSURER 0 1 Canlifienlol ln3l)Mnce Company 35280 INSURER C ; Allied World Assurance CO Inc IAUS) INSURERo: American Casuaily Co of Reading PA 19489 20427 INSURER E: Transportation Insurance Co_ 20494 INSURE-R P COVERAGES CERTIFICATE NUMnER:44A0A3B13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ADOVC FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REDWREMENT, 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 TtIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, r iR TOPE OF INSURANCE ADD SUBR POLICY NUMBER M YK dD MMlnn E% LIMI'rs 13 X COMMERrIALGCNCRALLIABILnY U1061922047 41112022 1/1/2023 EACH OCCURRENCE S1,00c,coc CLAWS-NAOE P-1 OCCUR -MWAt,E TO RENT£IJ PREMISES jEn oecger ecaj ±60q,0e0� MEO EXP (NiV Ono ocreeh S 15,000 x Inc) eenlradval PERSONAL b AOV INJURY $ 1,000,00a OFN'L AGOREQATE LIMIT APPLIES PErt GENERAL AOt3REAATF ; 2 000.000 POLICY ❑ za 17 LOO pr#.00UCTS-OOMP10PA1313 $2 000,001) $ OTHER: A AUTOMOBILELiARILITY BUA10S1922033 4H12O22 A1112023 C MRN O 5 NaLE L IT lea aeeldanl)`��. ; 1,0Utl,ifOU BODILY INJURY (Per Person) xx ANYAU'rD OPINED 9CHEOULEe AUTOS ONLY _ AUt03 ; BODILY INJURY (Per neddent) (PROer£.rJR {IAMALiE —,— -- x ED AUTOSONLY i AUTOS ONLOY S H OCCUR U106A2200 4114022 41112023 EACHOCCURR[NCE _ $8.000,000 N $ a.000 000 NUMBRE.LLALIAR EXCE58 JAR CLAIMS•MAOE AOdRE_C_A_TE DEO RETENTION 4 E: WDRISEA6 COPENSATI(SN AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OPFICENIMEMtlCRFK13LUI*Q? N 1 A WC701A26S471 411f202i 4ii0n2.1 7( S ATUrE ERE{ E.L. EACH ACCIDENT 31,000.000 , E-L- DISEAS€ - EA EMPLOYEE $1,000.000 jMandataryInNMI If yes, debGlbe Udder DESCRIPTION OF OPERATIONS belw E.L. DISEASE - POLICY LIMIT S 1 f10t7 C111p C Prelbovan7A PollullOh 0312-I092 4/112022 411/2023 2,000000 4,00,440 Each Claim Aggrggale OESCRIPTIONdFOPERATIONS iLOCATIONS; VEHICLES (ACOR01G1,AddlgdnalRamarkeSchaduto,(may baalle0ladlrmarnspacelsfdqulrad) Job - Underground Conlraclar Safvlces, #20.7800. Addltldngl Insured for General LlabillIy, prlm0ry and non-corltrlbutory, a5 required by written contract - Collier County Board of CoUnly Commissioners. Workers` Cernpensslfen pellcy includes Maritime Coverage (Jones Act) In the amount of $1,000,000. Workers' Compensellon policy includes Longshare and I-Iarber Workers' Cornpensalion Act Coverage Endorsement WC0001 OGA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HF DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Collier County Board of County Commissioners 3295Tamlaml Trall East AUtHORVEDREPRESENTR IVE 1 9"�t Naples FL 34112 @ 1996-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2D1 W03y The ACORD name a11d logo are registered marks of ACORD U-0 C _-s' Pane, rerrment Services Division FORM 9 — CONFLICT OF INTEREST A ITIDAVIT 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 or 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 (he procurement) which appears to skew the competition in favor of my firm. IMpnired objectivity —`fhe firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals 1 past perfol'rnance of Itself ar a compcutor, which calla into question the contractor's ability to render irnparlial advice to the government. Unequal access to informatlon —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 aff+iiatc) with an unfair competitive advantage in current or £inure 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 far the above - mentioned project, and, 2. Indicate ifthe information produced was obtained as a matter of public record (in the "sunshine") or through non- public (not in (lie "sunshine") conversation (s), meeting(s), documents) and/or olher means. h'ailure to disclose all material or having an organizational conflict in one or more or (lie three categories above be identified, tray result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers andlor 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, organizalional, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Douelas N. llieeirts. Inc, _ u- z Compan Name [� L Sigrtature KrILY, A Wilt is vi a Presidrnl Print Name and Title Stare of Win_ _ County of _ htenaw The foregoing instrument was acknowledged before me by means of R physical presence or 0 online notarization, this 22nd, day of_September_(month), 2022 _(Year), by Kekv A• Wilki� (name ❑£person acknowledging). S'tgnaj r e of Notary Public - State of Wor-idra`)Michigan David 3, Wllkie (Print, Type, ar Stamp Commissioned Name of Notary Public) Personally known DR produced Identification ��ersntially 1C nown_ _ _ Type of Idenfi! ication Produced DAVID J. WILKIE Notary Public, Michigan County of Washlonaw any Gomm. ly plres 05/2012024 C[7 7tur C014" Procurement Services division FORM ID —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 irAwarded A contract for these goods andlvr services, the vendor will riot 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. 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this _2211d day of_ ie tember __, 2022 in the County of Was.htenaw , in the State of, Mjph-igqtj._ --. Firm's Legal Name: Address: City, State, Zip Code: Florida Certi iicate or Authority Document Number Federal Tax Identification Number *CCR cif or CAGE Code *Only iFCjran t Funded Douglas N, Higgins, Inc. _ 4485 EnterrLdse Ave. Naples, FL 34104 830666 38-1807765 OVD82 Telephone: 23 a-774-3130 Email; kwilkie2000 dnhi ins,eom Signature by: ("typed and written) Title: Kelly A. Wilkie_ Vice Prcgideni Additionnl Contact Information Send payments to: _Douglas N. Higgins, Inc. (required if different Company name used as payee from above) Contact name: Daniel Higgs , Title; President Address: 3390 Travis Pointe Rd., Ste, A Oily, State, `LIP Ann Arbor, MI 48108 Telephone: 734-996-9500 Email; Dan H a. dnhiegins,com Office servicing Collier 4485 Enterprise Ave., Naples, FL 34104 county to place Orders (required if different from above) Contact name: Mike Lobeilo Title: --_Regional Manager Address: 4485 Enterprisc Ave. _ Cily, State, 'LIP Naples. FL 34104 Telephone: 239-774-3130 Email: Mikes. dnhi7 ins,com Secondary Contact Par James Nelson, Superintendent this Solicitation: Finail; JinimyN@dnhiggins.com Phone: 239-253-3301 CAS Procurement Services Division 1. FORM t 1- IMMIGRATION AFf IDAVIT 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 enrollrnenl, at the time of the submission of the Vendor's bits. Acceptable evidence consists Ora copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding Far the company which will beproduced at the time of the subrnission of the Vendor's bid or within rive (5) day of the County's Notice ol'Rrcommend Award. FAILURE TO EXK-CUTE THIS AFFIDAVIT CERTIFICATION ANQSUBMIT W�FI VLNDOR'SS PROPOSALl611) MAY DEEM THE VENDOR NON -RESPONSIVE, Collies- 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 B U,S,C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). C❑hier Counly [nay consider the employment by any Vendor of unaull►orized aliens a violation of Section 274A (e) arthe 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 Arnendment(s)) that it is aware of and in compliance with the requirements set forth in Plorida Statutes b449.095, and agrees to comply with the provisions orthe Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Deploment of Horneland Security in partnership with the Social Security Adnt inistration at the time of submission of the Vendor's proposal/bid. Douglas--- /' Coin pany Name Signature Kelly A. Wilkie, Vice President Print Namt: and Title State of Michigan County of ashtenaw The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 22nd day of tee„her_ (month), 2022 (year), by � A.afllkic _ (name ofperson acknowledging), ignatu� fNotary Public • State or Fjocida)Mtehigan Personally Knower OR Produced Identification percnnallu t(nnwn _ Type of Identification Produced T7avirI J Wilkie (Print, Type, or Stamp Commissioned Name of Nolary Public) DAVID J. WILKIE Notary Pi bllc, Mlchlgan County of Washlenaw My Comm. Explros 05fU2024 0010 E-Veri 0!"'. Company ID Number: 364682 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature Rage. If you have any questions, contact E.-Verify at 8BB-464.4218. Employer Douglas N. Higgins, Inc. Suzanne Hawker Name (Please Type or Print) Efectron1cally Sign d Title 1011512010 _ Signature Da to Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed Signature Title '1011512010 Dale Information Required for the E-Verify Program nformation relating to your Company: company idarne:Douglas N. Higgins, Inc. Company Foollity Address:3390 Travis Pointe Rd. Ste. A Ann Arbor, Nil 48108 Company Alternate Address; vVASFITENAVV 381807765 County orparlsh; Employer Idantificatlon Number: Page 12 of 13 1 E-Vorlry MOU for Employer I Revision Onte 09101109 www.dlls.yOVIE-Verify 0 F,-Verify— Compaiiy ID Number: 364BB2 North American Industry Classification Systems Code: 237 Administrator. Number of Employees: 20 to 99 Number of Sites Verifred for: Are you verifyiug for more than 1 site? If yes, please provide the number of sites verified For in each State; • WCHIGAN l 34r(s) • FLORIDA 3 sire(s) Inforinatiori relating to the Program Administrator(s) for yoUr Cornparly on policy cluostiot}s or operational problems: Name; Koily A Wilkie Telephone Number (734) 996 - 9500 Pax Number: (734) 996 - 8481) Email Address: I0villd62000 rQyalieo.conr Name: R Suzanne Usivl<er Telaphoric Number: (734) 996.9500 Fn%Number; (734) 996 - 8480 Email Address: rsha�vltcrdyahno,cnm Page 13 of 13 1 E-Verify MOU for Ewployor I RevIsJon Dalo U9141109 www.dhs.gov/E-Verify CLA40) , r FORM 12 • BIDDERS CHECKLIST MM QRTANT No bid shall be considered unless it is made on unaltered Bid forms which are Included in the Bidding Docunrents. Please read carefully, sign in the spates indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDSTO DEEM YOU NON-RE5PONSIVEINON- RESPONSI BLE. Bidder should check off each of the [b] lowing items as the necessary action is comp] eted- I . The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and iolals have been checked, 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, eic. 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 farm b. Construction services agreement C. PUMI'l eordertermsaridconditions S. All of Ilse following bid fornts Have been completed and signed; a. Bid Norm (Form 1) b, Contractors Key Personnel (Farm 2) C. Material Manufacturers (Forts 3) d. List of Major Subcontractors (rorm 4) e. Statement of Experience (Form 5) f, Trench Safely Act (Form 6) g, Did Bond Fonrt (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j, Vendor Declaration Statement (Forst 10) k. Immigration Law Affidavit Certification (Form 1 1) 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 L-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbix.org) d. Any required professional licenses — valid and current (mytloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, 'Grade Contractors, etc., as applicable, requested and/ar required,) c, 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 farm attached and included. 12. The Bid will be uploaded in time to be received no later than llte specified oneniny date and tune, otherwise the [aid cannot be considered. cu III 0 m 0 t? c Ln a 0 c 0 LLJ z 0 vi in Liu _ LL LY 0 0 LL LL Z LLI P. Zn LLI I z sJ') Z—n LL z LLJ W n W a � w w m z n Z ° z ~ Lj w U, W u; 0 z 0 U 7 Lu Z W L 0 w n U 4� Ii E u 0 Vi 0 aJ �a aj s 0 aj C 0 L 0 Cp G W C a) 0 7, s H 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.calliertaxcalleclor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION; 4485 ENTERPRISE AVE ZONED; INDUSTRIAL LIC 1541 BUSINESS PHONE, 774-3130 STATE OR COUNTY LIC 9: CG COBO189 1.10 EMPLOYEES A N' 05 GENERAL CQNTpACTDfd 4v�� - arPorallan CL 561FICAT[O . - 1•{-f ��,� CLASSIFICATION CODE: 05100101 This docurnenl Is a business lax only. This Is pal cerllllcollon Ihat licen isl�o fill It does not permit Iha licensee to vinlale any exlsling regulalory zoning Inw9 nF1h .s� � I Uri .01 65 nor does it exempt Iho Ilcensee from any oiher lexes or permils [hat may ba required by law. DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. DOUGLAS N. HIGGINS, INC HIGGINS, DANIEL N 4485 ENTERPRISE AVE NAPLES, FL 34104 -THIS TAX IS RON•REFUNDAgLE- DATE 0712512022 AMOUNT 18,00 RECEIPT 502-23-00078582 ve 0vvc-4tzY e/& State qf Florida Department of'State I certify from the records of this office that DOUGLAS N. MOGINS 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, Open under ray haul and the Great Seul of the State of Floddu at Tallahassee, the Capital, this the Fourth duy of Anuaiy, 2022 AWW)xa--. ng Number To Ruthont WC this M' ificRtc,visit tlro f0110Wing sEtc,enter thiw numher, and then fallow the Insh'uctiorls distrlllyed. 11 tt�FS:IISCI•YICCS.sunbia".o r•g/1�'ilirr�s/CartlCcate�l5tsrtuslCertificHte�4uthenticwtlpu Rmqa ai-1 Tow Tax1pa') yew Give Form to the Form (Rm.October ?_416) Itf enifification lHQA1fi{t)beir and CoMfqc¢"1)ton requestelr. too riot deparlmen[oI Ih9Traasury send to the IRS. Internal Fta4BAU6$4141Ga Qo to wwwJrs,,guvIForfr}Wa for Instructions and the latest 111formatlon. t Nome (as shown on your Income tax return). Nome ly roqulrod on INK firm; do not Inave thl4 lino plank. Douglas N. ]JIggins, Inc. 2 6ualneae name/dlaregardodenlily mama, if Oftifomt from apova w 0 Check appropriate box for ladaral tax daesfifasilon at the pnrsnn whann name Is antemd an Ilne 1. Chock only ana of the 4 Exemptions (codes apply only to M N following sevon boxes. oertuln entllles, not (ndlviduals; aaa a U ❑ Indlvidtlalisole propflator or M 0 Gotporalion ❑ 8 Corporation 0 Pannorship ❑ 1'rusuustaia Inoln,ctions on page 3): singlo-member LLC Exempt payee cads (If any) O ❑ Limited liability company. Enter the lax classificatlon (G-G corporallon, S-9 cotpneallon, P-Parlrierahlp)> v Nole: Chaclr the appraprfale box in the Ilna ebova for the fax dinaslllcatlon u f the singla•mambar owner. po not check Exsrnpllon from FA70A raporling w LLC If tho LLC 1s classillad as a aingla•mambar LLC that Is disregarded from tho owner unless the owner of Iha LLG Is node If do ; M CL another LLG lhat Is not disregardod kurn the owner for 11.S federal tax purposes, 4lhanni9a, a aingle-member I.L❑ thal , Is disregarded from the owner should dwclr the appropriate boat far lha tax claasiflcetion of ii& owner. EJt3thar (see Instfuallons) tr fnpprR, +a rreaunre mnMln+nm7 oi,rrnm ,lie i1A.j 8 Addross (number, street, and apt. or suite na.) See InsirucIlons. Requoslw's name and address (opllonal) 3390 Travis Pointe U. Ste. A ff city, slate, and ZIP Coda Ann Arbor, MI48108 7 List account number(s) hem {optlonalj I�.5MJJ—Tnpaytl Identification _Number .(TIN)— -- _ Entaryour TIN In the upproprlate box, The TIN provided must math the hams giver on Ilne 1 t4 avold 5noornl s�ocurity nurnmberbackup resider withholding. For IndWproprietor, or ls,dIs this el Banat Ity,Dly ea the ns uctsacltrily number (58Nr, For otter, for a resident alien, sole proprlator, ❑r dlsregerded entity, sea the Instructldne for Pert 1, rater. t�❑r ottler entities, It Is your employer IdentHlcatlon number (EIN). If you do not have a number, see Now to get a TIN, later. 01• Nato; Itthe €lcoount Is In more than one name, see the Instructlons far Ilse 1. Also sea What Name and Emplayor Iderliflicatlon number Number To Give Me Requester for guldellnes on whose number to enter. 7-1-7 EMn1111MOMM1111"M Under penalties of parjuty, I eerilfy that: t. The number shown on this form is my correct taxpayer Identlftcatlan number (or I am watting for a number I bo Issued to nfa); and 2, 1 am not subject to backup withholding because. (a) I am exempt from backup withholding, or (b) I have not been notlNad by [lee Internal Revenue ServlCe (IpS) that I am subject to bookup whhhotding as a result of a foliurn to I•eporl all Interest or dlv{dends, or (c) the IRS has notlfled me that I am no longer subject to backup withholding; and S. I am a U.S. citizen a other U.S, person (derfned below); and 4. The FATCA code(a) entered on Ihls form (if any) Indtcatfng chat I am exempt from FATGA reporting Is correct. Certification Instructions. You must cross out Hann 2 above If you have been notlfled by the IRS that you are currently subject to backup withholding because you have felled 10 report all Interest and dlvldends on your tax return. For real estate transactions, Item 2 does net apply. For mortgage Interest pald, acqulsllion or abandonment of secured property, canoellation of debt, oonirlbutlons to an Individual fellrement afrangenlent (IRA), and generally, paymerns older than Inteeeat and dividends, you are not requlrad to slgn the oerllf€callon, but you must provide your correct 11N. See the Instructions for Pan 11, later. Mgr+ slflnatumof� HeWe 11,S, perebn > -- W(/ L , � ✓` � Data >s 415122 encral Ili struntions Section references are to the Internal Revenue Code unless otherwise rioted. Future developments. For the latest Information about developments related to Form W-9 and its Instrrtationsr such as legislation enacted attar they were published, go to www.ka,govlFarraft Purpose of ForBflfi An Individual or entity (Farm W-9 requester) who Is required 10 file an Informatlan return with the I RS must obtaln your correct taxpayer Ident(ltcnllan number (TIN) whloh may be your social serutlty number (SSM, Individual taxpayer Mentlflpailcn number (ITIN), adapllan taxpayer Identlffcatlon number (ATIN), oremployer Identification number (EIN), to report on an Inf❑rmatlon return the amount pals to you, or other amount reportable on an Informatlon return. Examplas of Intormallon returns Include, but are not limited to, the folfowing, a Form 1099-INT (Interest earned or paid) Form 1099-DIV (dlvldonds, Including those front stocks or mutual funds) a Form 1O9q-MISG (varlous types of Income, prl7e5, rewards, or glbss prageeds) Form 1099-13 (stack or mutual fund snlea and cartain other transactions by brokers) a Form 1099.5 (proceeds from reaai estate lrrtnsiactlons) u Fornt 1099-K (merchant owd and third party network transactions) • Form 1099 (home mortgage Interest), 109f1-E (student loan Interns[), 10913-T (luitfon) q Form 1099-0 (canceled debt) ti Form 1099-A (acquisition at, nbandarintent of secured properly) Use Form W-9 only If you ere a U.S. person (Including a resident alien), to provide your correct TIN. If you do not raturrl Form w-s to the requester wlfh a TIN, you might be sublacr to [mockup w1111ffofdingr. See What Ia backup wlthholding, Tatar: Ca[, No. 10231X Form W^!B (MOV, 1 cityaf Nap It's 22-023 South Laka Drive u1111ty Improvements -ITI3 is EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name James Nelson Personnel CateporV Construction Superintendent Mike Lobello Project Manager '1a Construction Services Agreement: 12022_ver.31 �tk)) EXHIBIT B-1: PUBLIC PAYMENT BOND CITB #22-8043 Bond No. 35BCSAQ4414 Contract No. 22-8043 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc. as Principal, and Hartford Accident and Indemnity Company as Surety, located at One Hartford Plaza Hnrffnrd CT of 1 15 (Business Address) are held and firmly bound to'rheBoard ofCounty Commissioners ofCollier County, Flas Obligee in the SUM Of Eight Hundred Sixty -Three Thousand Three Hundred Eighty Dollars and No Cents ($ 863,380.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for DouglasN. Higgins, Inc. 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 22nd day of November 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. Construction Services Agreement: (2022_ver.3] /t �l) j Signed, sealed and delivered in the presence of: PRINCIPAL Douglas N. Higgins, Inc. r r;...J , NAME: Kell A. ilkie ; U ITS: Vice -President STATE OF Michigan COUNTY OF Washtenaw The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this 22nd day of November 20 22 by Kelly A. Wilkie , as Vice -President Of Douglas N. Higgins, Inc. a Michigan corporation, on behalf of the corporation. He/she is personally known to me OR has produced Personally known % as identification and did (did not) take an oath. My Commission Expires: 05/20/2024 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signaturq(,6f Notary Public) NAME: David J. Wilkie DAVID J. WILKIE (Legibly Printec�l�otary Public, Michigan ounty of Washtenaw My Comm. Expires 05/20/2024 Notary Public, State of Michigan Commission No,: N/A SURETY: Hartford Accident and Indemnity Company (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: 12022_ver.31 tAO) •" LIi mn Fo t y Ryan Foley Witnesses Sarayu Nair STATE OF Michigan COUNTY OF Washtenaw 'ney in Fact Power of Ai Theresa J Foley (Printed Name) One Hartford Plaza Hartford, 5 (Business Address) (567) 318-3843 (Telephone Number) The foregoing instrument was acknowledged before me by means of 91 physical presence or ❑ online notarization, this 22nd day of November 20 22 by Theresa J Foley as Attorney -In -Fact of Hartford Accident and Indemnity Company a Connecticut corporation, on behalf of the corporation. He/she is personally (known to me OR has produced Personally Known as identification and did (did not take an oath. My Commission Expires: 05/20/2024 (AFFIX OFFICIAL SEAL) fw� (Sig`nature Of Notary Public) Name: David J. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 13 Construction Services Agreement 12022_ver.31 CAO EXHIBIT 13-2: PUBLIC PERFORMANCE BOND CITE #22-8043 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as One Hartford Plaza Hartford CT 06115 Bond No. Contract No. 22-8043 Douglas N. Higgins, Inc. Hartford Accident and Indemnity Company Surety, located at (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Pl as Obligee in the sum of Eight Hundred Sixty -Three Thousand Three Hundred Eighty Dollars and No Cents ($ 863,380.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for CITB #22-8043 - 30" Raw Water Main and 36" Water Main Removal and Replacement In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise, it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes 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 22nd day of November 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.31 O Signed, sealed and delivered in the presince of: PRINCIPAL Douglas N. Higgins, Inc. BY: s to Principa NAME: Kelly A. Wilkie ITS: Vice -President STATE OF Michigan COUNTY OF Washtenaw The foregoing instrument was acknowledged before me by means of © physical presence or 0 online notarization, this 22nd day of November 20 22 by Kelly A. Wilkie as Vice -President 0f Douglas N. Higgins, Inc. a Michigan corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not takp an nath My Commission Expires: 05/20/2024 (AFFIX OFFICIAL SEAL) (Sidrra'ture of(yotary Public) Name: David 1. Wilkie (Legibly Printed) Notary Public, State of: Michigan Commission No.: N/A DAVID J. WILKIE Notary Public, Michigan County of Washtenaw My Comm. Expires 05/20/2024 15 Construction Services Agreement: [2022— ver.31 CAS ATTEST: Witnesses as to Surety Ryan Foley Witnesses Sarayu Nair STATE OF Michigan COUNTY OF Washtenaw SURETY: Hartford Accident and Indemnity Company (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact 4Attach Power of Attorney) Theresa J Foley (Printed Name) One Hartford Plaza Hartford, CT 06115 (Business Address) (567) 318-3843 (Telephone Number) The foregoing instrument was acknowledged before me by means of Cx7 physical presence or ❑ online notarization, this 22nd day of November 20 22 by Theresa J Foley as Attorney -In -Fact Of Hartford Accident and Indemnity Company a Connecticut corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath. My Commission Expires: 05/20/2024 (Signaturebf Notary Public) David I Wilkie (Legibly Printed) DAVIDJ. WILKIE (AFFIX OFFICIAL SEAL) Notary Public, State of: Michigan Notary Public, Michigan Commission No.: NSA County of Washtenaw . Expires 05/20/2024 16 Construction Services Agreement: 12022_ver.3i C,�Q> Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY Haord Plaza HartfOne ord, Conte tcut06155 Bond. C la ims(cbthehartford. com call: 888-2663488 or fax: 860-7575835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC/TROY Agency Code: 35-351588 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized wider the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized wider the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized wider the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Susan E. Hurd, Vicki S. Duncan, Theresa J. Foley, Nicholas R Hylant, Jennifer A. Jarosz, Jamie Laurencelle, Saraya S. Nair, Kristie A. Pudvan, Judy K. Wilson, Kathy S Zack of TROY, Michigan their true and lawful 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. :O e I � � .a.^ 1•.a.r•.:�. � 19� T _ l..N�?i «�. _ �„�e,vr•�" � �►rung g -- r8T9gs,r1079t_- � r { � Q-��n.._�A�' �r,,,ufA { w�J�F . /'1•�+ • } �.aa1S SO ��ti�+aYa� �:� Shelby Wiggins, Assistant Secretary STATE OF FLORIDA SS. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Joelle L. LaPierre, Assistant Vice President 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 November 22, 202 Signed and sealed in Lake Mary, Florida. `{,y' •„tN rlt4,j, h 1Q�r + _of �. _il; toNare C:••^c �Jc/ l9T9 3' �] w'� 2' a�""�`�`"":� ' ��NrMr a'-=• r�D19 � `9• r°�° �, ,:Z; /,jk: icy Keith D. Dozois, Assistant Vice President EXHIBIT R-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 Oollier 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 Consiructlon Services Agreement: [2Q22_vw C['pQ Contractor under this Agreement or any other agreement between the County and Contractor. The County small be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall In no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (1 D) 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 1e Construction Services Agreement: 12422_ve Collier Coupiy Florida Insturance and Bonding Requirements Insurance I Eland Type Required Urnits 1. 0 Worker's Compensation Statutory Limits of Plorida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sale Proprietorships shall not be required to provide a proof of exemption, An application far exemption can be obtained online at I►ttps:l/$rsus.fldfs.cam/bacexeml]tl 2, ® Employer's Liability 3_1,000,000_single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $_2,000,000—single limit per occurrence, $2,000,000 aggregate far 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, E Indemnification To the maximum extent permitted by Florida law, the ContraclorNendor -,hail defend, indemnify and hold harmless Collier County, its officers and employees fi•orn any and all liabilities, damages, losses and costs, including, but not limited la, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongrul conduct of the Contractor/ Vendor or anyone employed or utilized by the Conlractor/Vendor In the performance of this Agreement. 5, Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-ownedlldlred; Automobile Included b, ® Other insurance as ❑ Watercrali $ _ _ Per Occurrence noted: ❑ United Slates Longshoreman's and Flarborworker'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 $5,600,000 each occurrence ifapplicabie to the completion orthe Services under this Agreement. $ leer Occurrence ® Pollution $ 1,000,000 Per Occurrence ❑ Professional Liability $ __ . Per claim & in the aggregate ❑ Project Professional Liability $� Per Occurrence ❑ VRluable Papers Insurance $ Per Occurrence ❑ Cyber Liability S_ Per Occurrence ❑ Technology Errors & Omissions $— T Per Occurrence 7. M Bid hand Shall be submitted with proposal response in the fbrni of certified funds, cashiers' chock or an irrevocable letter of credit, a cash bond posted with the Counly Clcrk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Callier County Board of County Commissioners on a hank or trust company located in the State of Florida and insured by the rederal Deposit Insurance Corporation. 8, ® PerfOrriiance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds mniracr by Proposers receiving award, and written for 100% orthe 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 Stale of Florida and otherwise acceptable to Owner-, provided, however, the surely shall be sled as "A" or better as to general policy holders rating and Class V 01, higher rating as to frrinticiai size category and Elie amount required shall not exceed 5% of (lie reported policy holders' surplus, all as reported in the most culTenl Best Key Elating Guide, published by A.M. Best Company, Inc, of 75 Fulton Street, New York, New Yogic 10038. 9. 0 Vendor shall ensure that all subcontractors comply with the same insurance requirements that lie is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County tnust be named as "ADDITIONAL INSURED" on the insurance Certificate Ibt' Comrnercial 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. 1. (3 The Certificate Molder shall be named as Collier County Hoard of County Commissioners, OR, Board of County Commissioners in Coll lerCounty, OR Callier 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 orCollier County. 12. ® On all certificates, the Certificate holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34 112 13. E Thirty (30) Days Cancellation Notice required. 14. Collier County sliall procure and maintain Builders Risk Insurance on all construction ptvjects where it is deemed necessary, Such coverage shall be endorsed to covet, the interests of Collier County as well as the Contractor. Premiums shall be hilted 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. (30 — 8/1 Gl22 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 fbr a minimum of six (6) months from the date of award. CAD 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 - man, 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 120 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 againsl any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to Indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges flied or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit, (4) This Release and Affidavit is given in connection with Contractor's [monthlylfinal] Application for Payment No Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: President [Corporate Seal] The foregoing instrument was acknowledged before me by means of o physical presence or la online notarization, this day of 20by 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public) NAME. (Legibly Printed) Notary Public, State of Commissioner No.: 19 Construction Services Agreement: (2022_ve�3j . �C A'0 t EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Roerd of County Commissioners the OWNER or Collier County Water -Sewer Owner's project Manager's Name: Bid No. Project No. Coun# '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 Chan a Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage a@5%through Insert date $ Retainage @ 5% through [Insert date $ Retainage @ °l° after Insert date $ Less Retainage $ Total Earned Less Retainage _ $ Less pravlous 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 bean applied to discharge in full all obligations of CONTRACTOR incurred In connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed In or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due: and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Cate: Type Title: Shai/ be signed by an authorized representative of the Confrecfor a merit to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: design Professional's Name. ignature: Date, a meat to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended d wner's Project Manager ame: Ignature: Date: 20 Construction Services Agreement: (2022 r. EXHIBIT ry (Continundl SCHEDULE OF VALUES Project Name: Project Number: Date: Porlod To: ITEM NUMBER DESCRIPTION SCNEPULFP VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLEYIF &S70RED TO DATE PETIGENT COMpI-rTE BALANCE TO RNISH SN AETAINAGE _% RETAINAGE TOTAL RETAINAM WITHHELD PREVIOUS APPLICATIONS THIB PERIOD TIIRUOAtE SINCFDATE 7-- TOTALS • Explanation for the two columns under Previous Appl Icatians: The Thru Date Is where you will place all Inlormatlon until the contract Is complete unless a release or reducllon of retainage Issue comes Into play. IF this happens, all information up to the date of the % change In retainage is placed In the Thru Date column. Information after that dote 15 plated In the Since Date wlumn. This states what has happened since the change In retainage. 1 Construction Serrrlces Agreement. (2022 I Fxhibit ❑ (Continued) Stored Materials Record Formula: A+B-C-D=E - Date Description A B C D E SrilTlier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install 22 Construcllon Services Agreement: 12022 v&INO EXHIBIT E: CHANGE ORDER Gn 7t�r C01414ty Procurement 5arvice3 Change Order Farm ❑ contract Modification ❑ Work Order Modification Contract 0, Change It:= Purchase Order C Projoc[ GontraelorlFlrm Name ContractlProject: Project Manager Name, Division Name: Original ContractlWork Order Amount Original BCC Approval Date; Agenda Item # Current BCC Approved Amount Last BCC Approval Date; Agenda Item M Current CantractlWorli Order Amount SAP Contract Expiration Date {Masser) Dollar Amount of [his Change VDIV10i Total Change from Original Amount Rarls9d ContraclllNork. Order Total $ 0.00 VDIV10f Change from Current BCC Approved Amount Gurnulatiw Changes $ 0.00 #DIV10t Change from Current Amount �Comple`tjllon Date, Description of the Task(s) Change, and Rationale for the Change Onto to Proceed �J Original Last Approved Revised isDate change) Dots GomplatlonData Hate (Includeslhischenge) d of Days Added Select Tasks < 1 Add new task(s) ❑ Delete task(a) ❑ Change task(a) ❑ Other Provide a responsetothe f��ollowingl 1,) detailed and specific explanatlonhgtlonate of the requested change(s) to the task(s) and 1 or the additional days added (if requested); 2.1 why this change was not Included in the original contract; and, 1) describe the Impact If this change Is not processed. Attach additional Information from the Design Professional andlor Contractor if needed. Prepared by: Date: (Project Manager Name and Dh+Islon) Acceptance of this Change Order shell consNula a modification to eonlydcl 1 woA order identified above and will he subject to all the sgmo terms and conditions se contained in the contract 1 work order incitcated above, as fully as If the same were silted In this acceptance. The adjustment, If any, to the Contract shall constitute a full and final satllement of any and all claims of the Contractor/ Vender 1 Consultant 1 Design Prdrmssianal arising out of or retetad to the Change set forth hernln, Including Claims for Impact and delay casts. Acaeptod by hate: (Contractor) Vender! Consultant 1 Design Professional and Name of Firm, If project applicable) Accepted by: (Design Professional and Name of Firm. If project applicable) Data: Approved by: Daua: tDivision Director or Designee) Approved by: Date. (Procurement Profeesldnal) Ravlaefl•pfflaQo2I PhOlnnt%,dionly(oglrhar&Ail..0,toparnlo1hdnl.) PR"URFMENrvrEemr a„mm 1 npi �CrRr Construcllon Services Agreement; 1202U Chance Order/Amendment Summary CO# AMQ# Description COST TIME Justification Additive Deductive Days Added New Amount + Revised, 0111412021 (Divislons who may require additional wpatures may include on separate sheet.) PAOCURC04CN7 uaemILr AMID G Apt eccCS I 24 Construction Services Agreement; [2022 CA 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 OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL. COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative fist 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: 2$ CcnsirvOon Services Agreement 12022 r,3) tAO) OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance ❑f Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title 26 Construction Services Agreement: 12022_ve ,aj ` (C •� t-t` EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No., Contractor: The following items have been secured by the for the Project known as PO No.. Date: 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 bays, 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. T 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 providers 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: Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) ( Name & Title) 27 Construction Services Agreement: 12022_ver.31 CA4 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 cf 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. 2A Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following; those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 28 construction Services Agreement, [2022_ver.3 (� DA0 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 utilitles to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditlons 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. SCHEDUI-E. 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 varicus 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 Conslrudian Services Agreement: [2022 wr.3 CAC! 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 af Construction o^eMces Agreement: [2022_vw.3]r O 1�� 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 ❑n the grass amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255,078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 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 shalt modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract ❑ocuments 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 Consirudion Services Agreement: 12022_ver.31 CC 5. PAYMENTS WITHHELD. 5A The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except 32 Construdion Ser*es Agreement: 12022_var.31 CC,k()) those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final Inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute Item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be Indicated, The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7A If a specific means, method, technique, sequence or procedure of construction Is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Conslruclion Services Agreement: [2022_ver.3] ucko 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute. Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. B. DAILY REPORTS, SIGNED AND SEALED AS,BUILTS AN❑ 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: B.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; 8.1A 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 8.1.18 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 ❑rder and annotated to show all changes 34 Construction Services Agreement, 12022_ver.31 made during construction, The annotated drawings shall he continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shalt 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 ❑f 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 34112-6746 Telephone: (239) 252-8999 Email: PublicRecordReguestPcclliercguntyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2, Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 Conslwdion Services Agreement: 12022_vur.3] Cad agency, upon request from the public agency's custodian of public records, In a format that is compatible with the information technology systems of the public agency. 9, CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12 2, herein, 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable caLlSes 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: (i) a waiver of any claim by Contractor for such items and (li) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder, Construction Services Agreement: [2D22_ver 3] f 1� 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work [Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or 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. 10.8 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 " Construction Services Agreement: [20222er.31 {�� the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10,4, 1-1.3 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. 123 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 3B Construction Services Agreement: 12022_ver.3) tf k( )� 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 finaijudgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and In the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing_ To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed Included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14,2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITU) and Request for Proposals (RFP) including professional services and construction services. Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor'slbidder'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. 39 Construcllon Services Agreement: [2022_ver.3] If the BidderlContractor does not comply with Providing Moth the acceptable E-Verify evidence and the executed affidavit the bidder's 1 Contractor's proposal rnaY_be deemed non- res-ponsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" ciartse above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: httl2J/www.dhs.aovlE=-Verify. it shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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, p}pes, 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, 161 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, 44 Construction Services Agreement/ 12022_ver,31 (90 172 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18, TERMINATION FOR DEFAULT. 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) falls 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 of 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 (13) 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 park, 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 $hail 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 41 Conslroollon Services Agreement; [2022_ver,3] (CA� N or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18,6 In the event (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. i)��i1 �1��11�Li�LI���•1: •i•Iil�l�i;JL�JiL�L 1►Ll� s3:tii�1 1��-y»E921 191 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 Owrer, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete, Within a reasonable time thereafter, Owner, Contractor and Design professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion_ If Owner, after conferring with the Design Professional, does 42( Construction Services Agreement: 12422_ver.3)a not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Gertiflcate 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 he 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 43 Conslrucllon 5ervlces Agreement. 12022Tver.3] OCAO expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contactor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. ��1I►6�»+3�i[+]rw�� 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 ❑ocuments_ F 1=1140 :1 A;ftl inL�'L*1:Kq 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, 44 r- f'F Construction Servlces Agreement: [2022_vet.31 Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same, 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for ❑bservation, 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. 233 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 t❑ 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 ❑ocuments 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 casts 45C:4U Conslrudion Services Agreemenl; [2022_ver.31 �f of Owner In exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24,2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.6, 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 "I ncv) Construction Services Agreement: 12022_ver.3] I-- shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 therm 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. 47 Gonsiruction Services Agreemenl: (2022_ver.31 U Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels, 28.3, Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner, 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 shalt 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; 48 Construction Services Agreement: (2022_ver.) �C AO) 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Fvaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon cam pletion/termination of this Agreement, iili6 Fs1 [► II II4Z F-112 r$1211111:tr_11JZ01201 I PKA 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, FDOT Roadway & Traffic design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32, SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 49 Conslruciion Services Agreement, [2022 ver.3j CA01) 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to 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. F )Consirucilon 8ervlces Agreement, 12422 ver.ACA The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone It reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.5 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 1 g% for overhead and profit_ 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract 51 Construction Services Agreement; [2022_ver.31 01M price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders, 33.6,4 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 A 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 34.1.1 T 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. Construcllon Services Agreemuft. 12022_ver.3l 34.2 Contractor presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term, presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the fallowing information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor 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, edueitlon, 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 (Db-FMOPSacalliercountvfl.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 $600 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 sale and exclusive jurisdiction an all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development, A "project" shall be defined as the collective contracts, which may include but not be limited to, design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Construction Services Agreement; t2022_ver.31 OAO X ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30l30A; FDEP chapter 62 regulations: specifically 761, 762, 717, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, MIST & 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 (SHVVMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing 1 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 SHVVMD 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.31 ncll EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ❑ Attached hereto, following this page Z Not Applicable -'5 Construction Servloes Agreement; 12022_yer.31