Agenda 01/09/2024 Item #16C 1 (Contract #14-6213 for pau application #4 for the South County Regional Water Treatment Plant Chlorine Storage Building Improvements)01/09/2024
EXECUTIVE SUMMARY
Recommendation to waive liquidated damages in the amount of $692,640, and authorize payment of Pay
Application No. 4 pertaining to Agreement No. 14-6213 for the “South County Regional Water Treatment
Plant Chlorine Storage Building Improvements” project with Douglas N. Higgins, Inc. (Project No. 70136)
OBJECTIVE: To waive liquidated damages in the amount of $692,640, and to authorize payment of Pay
application #4 pertaining to the “South County Regional Water Treatment Plant Chlorine Storage Building
Improvements (the “Project”).
CONSIDERATIONS: On December 8, 2020 (Agenda Item 16.C.9) the Board approved a $486,230 work order
under a Request for Quotation for Agreement No. 14-6213, “SCRWTP Chlorine Storage Building Improvements”
(the “Agreement”). The Agreement also allows to assess liquidated damages against Douglas N. Higgins which
were established by the Request for Quotation in the amount of $1,170.00 for each calendar day after the
substantial completion date passes until substantial completion is achieved.
The County’s Procurement Services Division administratively approved Change Order # 1 through 5, as authorized
by the Board in accordance with its Procurement Manual, Section Nineteen, Contract Administration, subsection 3,
Contract Modifications. However, Change Order #1 was executed 12 days after the substantial completion date of
October 29, 2021. A summary log of those approvals including contractual stop and start work letters is attached. In
those approvals, staff requested that the contract time be extended but did not request that the time extension sought
apply to both the substantial and final completion dates, which inadvertently created confusion as to whether
liquidated damages should be applied.
This resulted in the accrual of liquidated damages since October 29, 2021, through the date of reaching Substantial
Completion on June 13, 2023 - a total of 592 days. Staff’s and contractor’s understanding was that the substantial
completion date would have been on June 14, 2023 and the contractor achieved timely that substantial completion
date. Because staff believed that it had properly and timely processed the previous Change Orders, the County was
not actually harmed by any delay; since it was staff’s position that time had been granted extending the then
existing Substantial Completion dates. Therefore, staff is requesting that the Board waive liquidated damages in the
amount of $692,640.
Currently the project is in a suspend work status effective July 11, 2023, to preserve contract time. The project will
remain in such status pending the Board’s consideration and recommended approval set forth in this agenda item.
As part of staff’s request for approval of this item, staff requests that the Board authorize payme nt on pending Pay
Application # 4, provided that such payment applications are submitted with all required backup documentation
establishing the basis for payment required by the Agreement and the backup documentation is acceptable.
FISCAL IMPACT: The funding for Pay application #4 is already encumbered under Purchase Order 4500208726
in the Water User Fee Fund (4012).
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: To waive liquidated damages in the amount of $692,640, and authorize payment of Pay
Application No. 4 pertaining to Agreement No. 14-6213 for the “South County Regional Water Treatment Plant
Chlorine Storage Building Improvements” project with Douglas N. Higgins, Inc. (Project No. 70136)
16.C.1
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01/09/2024
Prepared By: Alicia Abbott, EI, PMP, Project Manager III (PMP), Engineering & Project Management Division
ATTACHMENT(S)
1. 14-6213DNHiggins_Contract (PDF)
2. Certif of Comp. SGN Rev (PDF)
3. Change Order Suspend Resume Summary (PDF)
4. DN Higgins Pay App #4 - PO 4500208726 (PDF)
5. Executed Work Order (PDF)
16.C.1
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01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 27401
Item Summary: Recommendation to waive liquidated damages in the amount of $692,640, and authorize payment
of Pay Application No. 4 pertaining to Agreement No. 14-6213 for the “South County Regional Water Treatment
Plant Chlorine Storage Building Improvements” project with Douglas N. Higgins, Inc. (Project No. 70136)
Meeting Date: 01/09/2024
Prepared by:
Title: Project Manager – Engineering and Project Management
Name: Alicia Abbott
12/04/2023 10:24 AM
Submitted by:
Title: Director – Engineering and Project Management
Name: Matthew McLean
12/04/2023 10:24 AM
Approved By:
Review:
Engineering and Project Management Benjamin Bullert Additional Reviewer Completed 12/05/2023 3:45 PM
Water Howard Brogdon Additional Reviewer Completed 12/05/2023 3:48 PM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 12/11/2023 10:02 AM
Engineering and Project Management Matthew McLean Additional Reviewer Completed 12/12/2023 9:42 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/14/2023 9:49 AM
Public Utilities Operations Support Katrina Lin Additional Reviewer Completed 12/14/2023 2:09 PM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 12/14/2023 2:10 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/15/2023 10:03 AM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 12/20/2023 9:43 AM
Procurement Services Sandra Srnka Procurement Director Review Completed 12/21/2023 10:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/21/2023 10:43 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 12/26/2023 9:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2023 9:16 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
01/02/2024 11:40 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/02/2024 12:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.C.1
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Packet Pg. 821 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 823 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 824 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 825 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 826 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 827 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 828 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 829 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 830 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 831 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 832 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 833 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 834 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 835 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 836 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 837 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 838 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 839 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 840 Attachment: 14-6213DNHiggins_Contract (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 841 Attachment: Certif of Comp. SGN Rev (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
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Packet Pg. 842 Attachment: Certif of Comp. SGN Rev (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP
Douglas N. Higgins, Inc.
Notice to Proceed Date: May 12,2021
Original Substantial Completion Date: October 11, 2021
Original Final Completion Date: November 8, 2021
Number of Days: 150 Days to Substantial, 180 Days to Final
Effective Date Days Added
by CO
Days between
Suspend/Resume
Work
Revised
Substantial
Completion
Revised Final
Completion
Total Days
Remaining at
Suspend Work
Letter
Suspend Work (#1)7/15/2021 116
Resume Work (#1)8/2/2021 18 10/29/2021 11/26/2021
Suspend Work (#2)11/5/2021 21
Change Order #1 11/10/2021 36
Resume Work (#2) 11/15/2021 10 12/14/2021 1/11/2022
Suspend Work (#3)12/18/2021 24
Resume Work (#3)1/7/2022 20 1/3/2022 1/31/2022
Change Order # 2 1/27/2022 43 2/15/2022 3/15/2022
Change Order #3 3/9/2022 50 4/6/2022 5/4/2022
Suspend Work (#4)5/2/20222
Change Order #4 5/10/2022 60
Resume Work (#4)4/5/2023 338 5/7/2023 6/6/2023
Suspend Work (#5)5/3/2023 34
Resume Work (#5)5/9/20236 5/13/2023 6/12/2023
Suspend Work (#6)5/12/2023 31
Resume Work (#6)6/13/2023 32 6/14/2023 7/14/2023
Suspend Work (#7)7/11/20233
Change order # 5 7/18/20230 6/14/2023 7/14/2023
Resume Work (#7)TBD TBD
CHANGE ORDER DAYS TOTAL 189
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Packet Pg. 843 Attachment: Change Order Suspend Resume Summary (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N.
16.C.1.dPacket Pg. 844Attachment: DN Higgins Pay App #4 - PO 4500208726 (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins
WORK ORDER/PURCHASE ORDER
Contract 1114-6213"UNDERGROUND UTILITY CONTRACTING"
Contract Expiration Date:January 3,2021 tf
This Work Order is for professional services for work known as:
Project Name:SCRWTP Chlorine Storage Building Improvements r
Project No:70136.1.5.2 ,
The work is specified in the proposal dated November 9,2020 which is attached hereto and made a part of
this Work Order.In accordance with Terms and Conditions of the Agreement referenced above,this Work
Order/Purchase Order is assigned to:DOUGLAS N IIIGGINS INC. //
Scope of Work:As detailed in the attached proposal and the following:
Task I Perform all Tasks as described in the Request for Quote,Addendum 1 and 2,and as listed
on the attached quote form.
Task II Allowance
Schedule of Work: Complete work within 180 days from the date of the Notice to Proceed which is
accompanying this Work Order. The Vendor agrees that any Work Order that extends beyond the
expiration date of Agreement#14;6 2l3 will survive and remain subject to the terms and conditions of
that Agreement until the completion or termination of this Work Order.
Compensation:In accordance with the Agreement referenced above,the County will compensate the Firm
in accordance with following method(s): El Negotiated Lump Sum (NLS) Lump Sum Plus
Reimbursable Costs(LS+RC)El Time&Material(T&M)0 Cost Plus Fixed Fa(CPFF),as provided in
the attached proposal.
Task I 446,230.00 (NLS)
Task II i/'$40,000.00 (T&M)
TOTAL FEE 486,230.00
abbott_a Datitallye:2020.111..d1313:4
by :
56
PREPARED BY:
Alicia Abbott,EI.,PMP,Project Manager Dale
Engineering&Project Management Department
a..lC..w..a.Ws .+..riw..
BullertBenjamin
a °"'""""
APPROVED BY:
Benjamin N.Bulleit,P.E.,Principal Project Manager Date
Engineering&Project Management Department
Digitally signed by Chmeliklom
ChmelikTom Date:2026.11.160956:36
APPROVED BY:
Tom Chmelik,P.E,,Director Date
Engineering&Project Management Department
Lewis Randy Di9.taUy s gned by LewisRandy
Date 2020.11.161032:24-0500
APPROVED BY:
Randy Lewis,SCRWTP Manager Date
Digitally signed by Steve
Steve Messner skssneDate2020.1'16 att/9.33-056n
APPROVED BY:
Steve Messner,Water Director Date
16.C.1.e
Packet Pg. 845 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
Digitally signed by Joseph
Joseph Bellone aellone
APPROVED BY: Date:2020.11.16 09:47:40-05'00'
Joe Bellone,Utilities Operations Support Director Date
Digitally signed by Joseph Bellone
APPROVED BY:
Joseph Be One Dace Joao ,.,eogaeo3-0soo
Dr.George Yilmaz,Public Utilities Administrator Date
By the signature below,the Firm(including 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 proposed work;and bear on whether the Firm has a potential
conflict have been fully disclosed.
Additionally,the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or
project duration.
ACCEPTED BY: DOUGLAS N.IIIGGINS,INC
e , e egional Manager Dat
Atl
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Packet Pg. 846 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
IN WITNESS WHEREOF,the parties hereto,have each, respectively, by an authorized person
or agent,have executed this Work Order on the date and year first written below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
rsshI I\. Kin7.e(,Clerk COLLIER COUNTY, FLORIDA
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Packet Pg. 847 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
Date: October 15, 2020
Co per County
From: Alicia Abbott, Project Manager
Alicia.Abbott@collicrcountyfl.gov Public Utilities Department
239-252-5344
Engineering & Project Management Division
To: Potential Quoters
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT
Contract#14-6213 "Underground Utility Contractors"
Selected Vendors:
Douglas N. Higgins. Inc. 1 Mitchell & Stark Construction Co. Inc.
Quality Enterprises USA, Inc. Haskins, Inc.
As provided in the referenced contract, the County Division is soliciting quotes for the
referenced project.
Project: SCRWTP Chlorine Storage Building Improvements
RFQ 14-6213
RFQ Due Date: Novecnbef-3--2020- November-6 9, 2020 at 3:00 PM
October 26, 2020 at 10.00 AM.
Pre-Quote Meeting: SCRWTP 3851 City Gate Drive
Q&A Deadline:October 29-November 3, 2020 at 5:00 PM
Number of Days to Final Completion: 150 days to substantial + 30 days final = 180 days total
Scope Provided Yes
Plans and Specs: Yes
Liquidated Damages: 1,170 per day
Payment& Performance Bonds If over$200,000.00
Your quotation response for this project is due electronically to the Email address listed above no later
than the date and time specified above.We will not accept any quotation responses later than the noted
time and date. If your firm is unable to respond electronically, your quotation must be received in the
office of the Public Utilities Engineer & Project Management at the below referenced address no later
than the time and date specified. We look forward to your participation in this request for
information/quotation process.
Douglas N. Higgins,Inc.
Firm's Complete Legal Name
239-774-3130/239-77,1-4266
Telephone
i
Regional Manager
Title
Mike Lobello jr /i;;
Print Name Date
Public UUllties Engineering&Project Management Div;sion-3339 Tamyami Trail Fast,Suite 303 Naples,Florida 34112
16.C.1.e
Packet Pg. 848 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
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16.C.1.e
Packet Pg. 849 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
Co( ler County
Public Utilities Department
Engineering & Project Management Division
ADDENDUM# 1
Date: October 29, 2020
From: Alicia Abbott
To: Potential Bidders
Subject: Addendum #1 —SCRWTP Chlorine Storage Building Improvements
Agreement 14-6213"Underground Utility Contractors"
This addendum has been issued for the following item(s) identifying clarifications, changes,
deletions, or additions to the original solicitation documents and bid schedule for the above
referenced solicitation.
The Request for Quote Due Date of November 3, 2020 at 3:00p.m. is changed to
Friday, November 6, 2020, at 3:00 p.m.
THE Q&A deadline date of October 29, 2020 is changed to November 3, 2020.
The quote request was sent to the six contractors on the Underground Utility Contract.
However, there are only four contractors listed for the Category: Plant/Facility Utilities,
Douglas N. Higgins Inc., Quality Enterprises USA Inc., Mitchell & Stark Construction
Co.. and Haskins, Inc. The Request for Quotation form is revised to identify these four
vendors, only, on the selected vendor list.
To expedite the permitting process, the Permit application to Collier County Growth
Management will be submitted by the consultant in November 2020. Contractor shall
assume responsibility for securing building permit upon issuance of NTP. Collier
County shall pay the permit application fee
An agenda was provided to perspective bidders during pre-bid meeting held on
October 26'h. (Attached)
The Contractor shall hire a licensed electrical contractor to trace, investigate, and
document all electrical and control components associated with the removal/relocation
of existing exhaust fan/louver control panel (CSCP-1). Contractor shall submit the
sequence of construction as well as an electrical construction plan to Owner/Engineer
for approval prior to conducting work associated with CSCP-1.
Changes to Drawings
Replace Sheet E-2 with the revised sheet(Attached)
Changes to Specifications.
Insert Section 08220'Fiberglass Reinforced Plastic(FRP) Doors and Aluminum Frames'
into Division 8 of Project Specifications' (Attached)
Please acknowledge receipt of this Addendum and include with your bid.
f.. ; ; ,)'`
i /),1.ff(-t`*.
1 1
Signature) i Date
i
Name of irm)
ADDENDUM NO. 1
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Packet Pg. 850 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
alr _
Coder County
Public Utilities Department
Engineering & Project Management Division
ADDENDUM # 2
Date: November 5, 2020
From: Alicia Abbott
To: Potential Bidders
Subject: Addendum # 2—SCRWTP Chlorine Storage Building Improvements
Agreement 14-6213 "Underground Utility Contractors"
This addendum has been issued for the following item(s) identifying clarifications,
changes, deletions, or additions to the original solicitation documents and bid schedule
for the above referenced solicitation.
The Bid Due Date of November 6, 2020, is changed to November 9, 2020 at
3:00p.m.
THE Q&A deadline date of November 3, 2020 was changed to November 4.
2020.
Question 5 on Overall Bid: What is the specific definition of the Hazardous area
for this project? Class, Division and Group? Are all areas to be Nema 4x
construction or just the 2 areas marked on the electrical drawings?
Question 5 Response: There is no specific hazardous classification for this
project under NFPA 70 as Chlorine, gas or liquid is non-explosive and non-
flammable;however, chlorine gas is corrosive and as such all project areas
shall require NEMA4x construction.
Question 6 on Overall Bid
Drawing H2, Note 8 indicates switches and speed controls are provided by
HVAC. Drawing E5 indicates these switches are integral to the Control Panel.
Please clarify.
Question 6 Response: Switches identified by Note 8 on H-2 are located at
each of the three entrances of building and interconnected to control panel
CSCP-2) but not integrated into control panel(CSCP-2).
Question 7 on Overall Bid
Drawing H3, Note 2 indicates the Electrical Contractor to provide the starter for
EF2. Drawing E5 appears to indicate the starter is an integral part of the Control
Panel. What is correct? Who is to provide the Control Panel?
Question 7 Response: Note 2 on H3 refers to exhaust fan's motor starter.
The Starter is integral part to control panel and provided by control panel
manufacturer.
Question 8 on Overall Bid
1) Plan page E-4 note 1 describes the new fixture and spec section ' 16510 2.01
A 1 a" says "See Luminaire Schedules on Drawings." for the manufacture of the
ADDENDUM NO. 2
A()
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Packet Pg. 851 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
Cot ierComity
Public Utilities Department
Engineering & Project Management Division
Addendum#2 - SCRWTP Chlorine Storage Building Improvements
Page 2
new fixture. The plans do not appear to have a luminaire schedule. Please
provide.
Question 8 Response: Contractor shall provide the following light fixture:
Hubbell LXEM 4 35 VW RA EU or approved equal. (See attached cut-sheet).
Question 10 on Overall Bid
Door 105 appears on the Door& Frame Schedule, sheet A-4. but does not appear
on the plans. Where is door 105 located?
Question 10 Response: Plans are incorrect, Door 105 is not proposed.
Question 11 on Overall Bid
What material are the roller trunions to be fabricated with? Thickness and alloy
Question 11 Response: Refer to Section 11260-2.02-A. Model 3000ST
Storage Trunnion Manufactured by Scaletron Industries, LTD.was used for
the basis of design.
Changes to Drawings:
Replace Sheet A-4 with the revised sheet (Attached).
Please acknowledge receipt of this Addendum and include with your bid.
Signature)Date
Name of Firm)
ADDEND):\4 NO.2
r_.
Vic/
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Packet Pg. 852 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No. 35BCSAQ4396
Contract No. 14-6213
KNOW ALL MEN BY THESE PRESENTS: That Douglas N.Higgins,Inc. as Principal, and
Hartford Accident and Indemnity Company as Surety, located at One Hartford Plaza
Hartford,CT 06115 Business Address)are held and firmly bound to Collier County.Public utilities Department
as Oblige in the sum of Four Hundred Eighty Six.Two Hundred Thirty($ 486,230.00--- ) 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 6 day of20ith Oblige for
SCRWTP Chlorine Storage Building Improvements-Contract#14-6213
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. In no event will the Surete_liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of November, 20 21:1 the
name of under-signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presep a of: PRINCIPAL:
Douglas N.Higgins,Inc.
e.By:
Witnesses/ PrincipaltoPrincial Name: el y . Wilke
Its: Vice-President
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 13th of November 20 20 by Kelly A. Wilkie
as Vice-President of Douglas N. Higgins, Ijc. Michige6}poration, on
behalf of the corporation. He/she is personally known to me R has produced personally known
as identification and did (did not)take an oath.
t.--J17. 4116-.--
My Commission Expires:
Signature o Notary)
DAVID J.WILKIE David J. WilkieNotaryPublic,Michigan ' Name:
County of Washtenaw Legibly Printed)
My Comm.Expires 05/20/2024
AFFIX OFFICIAL SEAL) Notary Public, State of Michigan
Commission No.: n/a
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Packet Pg. 853 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
ATTEST: SURETY:
Hartford Accident and Indemnity Company
Printed Name)
One Hartford Plaza
Hartford,CT 06115
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR
Q A •
As Attorney in Fact
Attach Power of Attorney)
Witnesses
Kristie A.Pudvan,Attorney-in-Fact
FL Non-Resident Agent License No. W523460
811 Madison Ave.,Toledo,OH 43604
Business Address)
Kristie A.Pudvan
Printed Name)
419-259-2797
Telephone Number)
STATE OF Michigan
COUNTY OF Oakland acting in Washtenaw
The foregoing instrument was acknowledged before me this 13th day of November
20 20, by Kristie A.Pudvan as Attorney-in-Fact
of Hartford Accident and Indemnity Company Surety, on behalf of Surety. He/She is personally known to me
OR has produced personally known as i entifiea' n and who did (did not)take an oath.
My Commission Expires: May 22,2021
Signature of Notary)
Name: Lisa M.Wilmot
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of Michigan
Commission No.: N/A
LISA M WILMOT
NotaryaklaPu -
OndblicCountyMichigan
My Commission Expires May 2 2021ActingintheCountyof
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No. 35BCSAQ4396
Contract No. 14-6213
KNOW ALL MEN BY THESE PRESENTS: That Douglas N.Higgins.Inc.
as Principal, and Hartford Accident and Indemnity Company
as Surety, located at One Hartford Plaza,Hartford,CT 06115
Business Address) are held and firmly bound to Collier County
Pnhlir T TtilitiPs nPparimPnr as Oblige in the sum of Four Hundred Eighty Six Thousand Two Hundred Thirty
and 00/100 486,230.00 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 '64` day of ,' 20ao
with Oblige for SCRWTP Chlorine Storage Building Improvements-Contract#14-6711
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to 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 Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the
specifications.
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Packet Pg. 855 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
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 Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this 13th day of November
20 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 d ivered
in the presence of : PRINCIPAL:
iC. Douglas N.Higgins,Inc.
By:
Witnesses as to Principal Name: KellypWilkie
Its: Vice—President
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 13th day of November
20420 , 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:
Signatur f Notary)
DAVIDJ.WILKIE Name: David J. Wilkie
Notary Public,Michigan Legibly Printed)
County of Washtenaw
AFFIX OFFICIAL,/BErAtxpires05/20/2024
Notary Public, State of Michigan
Commission No.: n/a
1
I DC\
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Packet Pg. 856 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
ATTEST: SURETY:
Hartford Accident and Indemnity Company
Printed Name)
One Hartfnrrl Plaia
Hartford,CT 06115
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR A .
As Attorney in Fact
Attach Power of Attorney)I,r7;713
tnesses
Kristie A.Pudvan,Attorney-in-Fact
FL Non-Resident Agent License No. W523460
811 Madison Ave.,Toledo,OH 43604
Business Address)
Kristie A.Pudvan
Printed Name)
419-259-2797
Telephone Number)
STATE OF Michigan
COUNTY OF Oakland acting in Washtenaw
The foregoing instrument was acknowledged before me this 13th day of 'November , 20 20 , by
Kristie A.Pudvan as Attorney-in-Fact of Hartford Accident and Indemnity Company
Surety, on behalf of Surety. He/She is personally known to me OR has produced
personally known - as identification and who did (did not)take an oath.
My Commission Expires: May 22,2021
Si ature of Notary)
Name: Lisa M.Wilmot
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of Michigan
Commission No.: N/A
LISA M WILMOT
Notary Public -Michigan
Oakland County
My Commission Expires ay 22,2021
Acting in the County of / c-
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Direct Inquiries/Claims to:
THE HARTFORD
POWER OF ATTORNEY
BOND,T-12
HartfOne Hartford
ord,Connecticut
Bond.Claims@thehartford.com
call:888-266-3488 or fax:860.757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC/ANN ARBOR
Agency Code: 3 5-3 5 0 8 51
1 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
n Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
1 1 Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of Unlimited :
Susan E. Hurd, Vicki S. Duncan, Terri Mahakian, Monica M. Mills, Kristie A. Pudvan,
Joel E. Speckman, Lisa M. Wilmot of ANN ARBOR, 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 6,2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
ditty`
tft
eu+"pn s 'G'.• tFl
srs.
r
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fmay"
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r,cvl, •atAti• c= 1970/ a^ iy70 .: I 9
4'
John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 5th day of January,2018,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
f(10- "", 1 L/t F .,tij h1 Q riR t tt
Kathleen T.Maynard
Notary Public
CERTIFICATE My Commission Expires July 31,2021
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 fJ o J , 3
Signed and sealed at the City of Hartford.
4 A t-' icr•.,e.rre,L Y r t' fy y'4 t auea'.F"r''
6600 _
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n B,r ` %too. 'i:•1079 E;^° /970• ` ? 1919
z5 ra: :“Irai e ,;s•.. :. .,* fi 'ti
p «, «'
r ' ;- ` ., ,.
Kevin Heckman,Assistant Vice President
POA 2018
16.C.1.e
Packet Pg. 858 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine
A 3 RD CERTIFICATE OF LIABILITY INSURANCE
DATE(fAh1IDDlYYYV)
11/13/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
Hylant Group Inc-Ann Arbor RIIONE FAX
24 Frank Lloyd Wright Dr J4100 WC,No,Ext):734-741-0044 A/C,No):734-741--1850
Ann Arbor MI 48105 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC
INSURER A:Continental Insurance Company 35289
INSURED HIGGI-5
INSURER B:Continental Casualty Company 20443
Douglas N. Higgins, Inc.
3390 Travis Pointe, Suite A INSURER C:Greenwich Insurance Company 22322
Ann Arbor MI 48108 INSURER D:Zurich American Insurance Co 16535
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER:2098572500 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI-IE POLICY PERIOD
INDICATED. NOTWITIISTANDING ANY RFQ(IIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSLTRINSDWVDMMIDD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY Y U1061922047 4/1/2020 4/1/2021 EACH OCCURRENCE S1,000,000
DAMAGE TO RENTED1CLAIMS-MADE (OCCUR PREMISES(Ea occurrence) S 500,000
X Ind XCU MED EXP(Any one person) S 15,000
X Inc'contractual PERSONAL 8 ADV INJURY 31,000,000 _
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE .82,000.000
POLICY X PRO
LOC PRODUCTS-COMP/OP AGG S 2,000,000JECT
OTHER:
A AUTOMOBILE LIABILITY U1061922033 4/1/2020 4/1/2021
COMBINED SINGLE LIMIT S 1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) S
BINNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY Per accident)
B X UMBRELLA LIAB X I OCCUR U1061922050 4/1/2020 4/1/2021 EACH OCCURRENCE 510,000,000
EXCESS LIAB I(—{I CLAIMS-MADE AGGREGATE S 10,000,000
DED X RETENTION S D S
D WORKERS COMPENSATION WC1839680 4/1/2020 4/1/2021 X
AND EMPLOYERS'LIABILITY
SEATUTE OTH-ER
ANYPROPRIETOR/PARTNER/EXECUTIVE
Y/N
E.L EACH ACCIDENT 31,000,000
OFFICERIMEMBEREXCLUDED? N N/A
Mandatory in NH) E.L DISEASE-EA EMPLOYEE S 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY I IMIT S 1,000,000
C Professional/ PEC0025095 4/1/2020 4/1/2021 2,000,000 Each Claim
Pollution 4,000,000 Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached if more space is required)
Job-SCRWTP Chlorine Storage Building Improvements. Additional Insured for General Liability,primary and non-contributory,as required by written contract-
Collier County Board of County Commissioners. A 30 day prior written notice of any insurer initiated cancellation,except non-payment of premium,will be
given. A 10 day prior written notice will be given for non-payment.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3295 Tamiami Trail East
AUTHORIZED REPRESENTATIVE
Naples FL 34112
Ma./iilyt
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
16.C.1.e
Packet Pg. 859 Attachment: Executed Work Order (27401 : To waive liquidated damages, authorize payment of Pay App 4 for D. N. Higgins SCRWTP Chlorine