BCC Agenda 02/13/2024 Item #16B 6 (An after-the-fact payment for materials and services under Contract #20-7800)02/13/2024
EXECUTIVE SUMMARY
Recommendation to 1) approve an after-the-fact payment for materials and services in the amount of
$30,655.04 under Work Directives 1, 2, and 3 for “Country Club Of Naples (CCON) Wetland Outfalls”
project under Agreement No. 20-7800, “Underground Contractor Services” with Douglas N. Higgins, Inc.,
utilizing a draw from the owner’s allowance; 2) approve an after-the-fact donation of leftover materials at
an estimated cost of $130 to the Country Club of Naples; 3) ratify payment for Pay App lication 1 that
extended 11 days past final completion for cleanup requested by the Country Club of Naples; and 4) deem
that these expenditures/donation have a valid public purpose.
OBJECTIVE: To obtain Board approval of an after-the-fact payment for materials and services in the amount of
$30,655.04 under Work Directives 1, 2, and 3 for “CCON Wetland Outfalls” project under Agreement No. 20 -
7800, “Underground Contractor Services” with D.N. Higgins, Inc. utilizing a draw from the owner’s allowance,
upon receipt of a properly submitted final payment application with all the required supporting documentation.
CONSIDERATIONS: On June 27, 2023 (Agenda Item 16.B.13), the Board authorized the ratification of a Work
Order for the project in the amount of $631,300 to Douglas N. Higgins, Inc. for the “CCON Wetland Outfalls”
project for the installation of stormwater drainage. This work order was issued through the Underground Contractor
Services Agreement No. 20-7800. This after the fact request is to utilize $30,655.04 from the $50,000 allowance,
based on the unforeseen work completed by the contractor for the Work Directives 1, 2, and 3 issued by the
County:
1) Work Directive 1: Re-routing of a twelve-inch (12”) storm drainage pipe that was in conflict with the
alignment of the proposed Interconnect Pipe #1, being a thirty-six-inch (36”) storm drainage pipe. Work
Directive 1 was not considered in the original contract because design plans indicated coordination would
be needed with the Country Club of Naples (CCON) to install the pipe, but no survey elevations or
locations of existing drainage pipe were provided. The initial estimate provided was for $7,168.59 and the
total submitted for payment $6,994.59, which is less than the initial estimate by $174.00.
2) Work Directive 2: Purchasing and installation of a grate and collar for Interconnect Pipe #3 at Burning Tree
Drive. Work Directive 2 was not considered in the original contract because in order to meet CCON’s
schedule, the plans were simplified to exclude end treatments for the Interconnect Pipes. However, the inlet
at Burning Tree Drive required a temporary solution as a safety precaution to prevent entry by persons,
animals, or debris. The initial estimate provided was for $3,542.67 and the total submitted for payment is
$3,014.26, which is less than the initial estimate by $528.41.
3) Work Directive 3: Purchasing and installation of additional fill over Interconnect Pipe #4 to ensure
sufficient cover to prevent flotation. Work Directive 3 was not considered in the original contract because
the survey of the site performed by the Contractor revealed that the existing ground elevations along the
alignment of Interconnect Pipe #4 did not provide adequate cover over the thirty-six-inch (36”) storm
drainage pipe, as required by the pipe manufacturer. The initial estimate provided was for $18,310.19 and
the total submitted for payment $20,646.19, which exceeds the initial estimate by $2,336.30. Note - Quotes
for materials were not properly obtained for Work Directive 3 per Section 28 - “Changes in the Work”,
required by the Agreement.
County staff is requesting that the Board authorize the approval of an after-the-fact payment of Pay Application 2
for Work Directives 1, 2, and 3 to Douglas N. Higgins, Inc. since a change order was not processed prior to the
final completion date. Additionally, the contractor did not provide material quotes at the time as part of their
estimate for Work Directive 3 as they based their material estimates on previous purchases. Additionally, the
submitted Pay Application 2 request for Work Directive 3 exceeds the initial estimate submitted by $2,336.30.
If this request is not approved, Douglas N. Higgins, Inc. will not be able to get paid for the work that was
completed in good faith under Work Directives 1, 2, and 3, and the work completed has been accepted by the
County as satisfactory.
The project cannot be closed out and retainage in the amount of $24,643.00 is not being paid, until this matter is
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resolved. The work on the project has been completed ahead of schedule for both Substantial and Final completion.
The Final completion date was June 30, 2023; however, CCON requested removal of construction debris, which
was completed at no additional cost to the County by July 11, 2023 (Pay Application 1), extending the project
closure by 11 days. There were leftover materials including 57 stone and rip rap valued at approximately $80 for
the 1 cubic yard of 57 stone and approximately $50 cost for the rip rap totaling $130, which was no t removed by
the contractor and County staff then subsequently donated these materials to CCON (Country Club of Naples)
because they were of nominal value and removal, or storage would have cost more while waiting to complete
another County project.
Additional work was billed between July 12, 2023, to July 28, 2023, on Pay Application 2 for Work Directives 1, 2,
and 3 totaling $55,298.04, which includes $24,643.00 in retainage and $30,655.04 for the after the fact approval
needed. However, the work was completed prior to June 30, 2023, final completion date. The contractor’s system
listed the date range for time period that they completed the report for support to Pay Application 2. The supporting
documentation to Pay Application 2 shows all work was completed prior to June 30, 2023.
FISCAL IMPACT: The source of funding is contained within the project allowance under Purchase Order
#4500224869. Utilization of $30,655.04 from the $50,000 project allowance does not increase the overall cost of
the project.
GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the
Stormwater Element of the Growth Management Plan.
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 1) approve an after-the-fact payment for materials and services in the
amount of $30,655.04 under Work Directives 1, 2, and 3 for “Country Club Of Naples (CCON) Wetland Outfal ls”
project under Agreement No. 20-7800, “Underground Contractor Services” with Douglas N. Higgins, Inc.,
utilizing a draw from the owner’s allowance; 2) approve an after -the-fact donation of leftover materials at an
estimated cost of $130 to the Country Club of Naples; 3) ratify payment for Pay Application 1 that extended 11
days past final completion for cleanup requested by the Country Club of Naples; and 4) deem that these
expenditures/donation have a valid public purpose.
Prepared by: Mark Zordan, Capital Stormwater Manager, Capital Project Planning, Impact Fees & Program
Management Division
Megan Gaillard, Division Director, Corporate Compliance and Continuous Improvement
ATTACHMENT(S)
1. Payapp 2 Final (PDF)
2. Substantial and Final Completion cert (PDF)
3. Work Directives and support (PDF)
4. Payapp 1 (PDF)
5. 20-7800_DouglasNHigginsInc_Contract (PDF)
6. ATF CCON Wetland Higgins v4 signed FINAL (PDF)
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02/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.6
Doc ID: 27699
Item Summary: Recommendation to 1) approve an after-the-fact payment for materials and services in the
amount of $30,655.04 under Work Directives 1, 2, and 3 for “Country Club Of Naples (CCON) Wetland Outfalls”
project under Agreement No. 20-7800, “Underground Contractor Services” with Douglas N. Higgins, Inc., utilizing
a draw from the owner’s allowance; 2) approve an after-the-fact donation of leftover materials at an estimated cost
of $130 to the Country Club of Naples; 3) ratify payment for Pay Application 1 that extended 11 days past final
completion for cleanup requested by the Country Club of Naples; and 4) deem that these expenditures/donation
have a valid public purpose.
Meeting Date: 02/13/2024
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Mark Zordan
01/10/2024 10:02 AM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
01/10/2024 10:02 AM
Approved By:
Review:
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 01/30/2024 4:02 PM
Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Additional Reviewer Completed
01/31/2024 8:56 AM
Capital Project Planning, Impact Fees, and Program Management Nadine Dunham Additional Reviewer Skipped
01/31/2024 9:15 AM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
01/31/2024 9:16 AM
Unknown Lisa Taylor Additional Reviewer Completed 01/31/2024 9:17 AM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
01/31/2024 12:01 PM
Procurement Services Sandra Srnka Additional Reviewer Completed 01/31/2024 9:09 PM
Procurement Services Sandra Srnka Additional Reviewer Completed 01/31/2024 9:09 PM
Transportation Management Services Department Trinity Scott Transportation Completed
02/06/2024 1:26 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/06/2024 1:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2024 1:58 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
02/06/2024 3:18 PM
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Community & Human Services Maggie Lopez Additional Reviewer Completed 02/06/2024 4:04 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/07/2024 4:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
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16.B.6.aPacket Pg. 528Attachment: Payapp 2 Final (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project completion dates)
16.B.6.aPacket Pg. 529Attachment: Payapp 2 Final (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project completion dates)
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16.B.6.aPacket Pg. 532Attachment: Payapp 2 Final (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project completion dates)
16.B.6.bPacket Pg. 533Attachment: Substantial and Final Completion cert (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
16.B.6.bPacket Pg. 534Attachment: Substantial and Final Completion cert (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
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16.B.6.dPacket Pg. 559Attachment: Payapp 1 (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project completion dates)
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MULTI-CONTRACTOR AWARD AGREEMENT
20-7800
for
Underground Contractor Services
THIS AGREEMENT, made and entered into on this r. }` day of 20 21 , by and
between Douglas N. Higgins, Inc.
authorized to do business in the State of Florida, whose business address is
4485 Enterprise Ave., Naples, FL 34104 the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a five 5 ) year period, commencing
ICI upon the date of Board approval; or n on and terminating five
5 year(s) from that date or until all outstanding I I Purchase Order(s) Work Order(s)
issued prior to the expiration of the Agreement period have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for two 2 ) additional
one 1 year(s) periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term then in
effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of
a •Purchase Order *Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms
and conditions of I I Request for Proposal (RFP) 7 Invitation to Bid (ITB.),
Other: Invitation for Qualification IFQ ) # 20-7800
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement. ICI The Contractor shall also provide services
in accordance with Exhibit A — Scope of Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the
County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
such services are authorized.
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3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any
minimum or maximum amount. The County shall order items/services as required but makes no
guarantee as to the quantity, number, type or distribution of items/services that will be ordered or
required by this Agreement.
3.3 Ail The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope
of Services attached hereto.
I Other
Exhibit/Attachment:
3.4 I I The County reserves the right to specify in each Request for Quotations: the period of
completion; collection of liquidated damages in the event of late completion; and the Price
Methodology selected in 4.1.
4. THE AGREEMENT SUM.
n The County shall pay the Contractor for the performance of this Agreement based on Work
performed pursuant to the quoted price offered by the Contractor in response to a specific Request
for Quotations and pursuant to the Price Methodology in Section 4.1. I Contractor's quoted
prices, when providing Time & Material quotes, shall be based on Exhibit B- Fee Schedule.
Payment will be made upon receipt of a proper invoice and upon approval by the County's
Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
n
maximum amount of
Payment will be made upon receipt of a proper invoice and
4.1 Price Methodology (as selected below):
n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's project
manager before payment for the fixed price contract is authorized.
I Time and Materials: The County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's markup). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
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III Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify the
unit price and the number of units received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient funds
are included in their budget(s).
4.3 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
the Agreement. Any untimely submission of invoices beyond the specified deadline period is
subject to non-payment under the legal doctrine of"'aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this Agreement.
4.4 The County, 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.
4-5
Mileage 0.44.'b rye
Breakfast 6499
Lunch 09
Dinner 19T00
Airfare
Rental car
vehicles
Lodging Actual cost of lodgi
cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Agfeenleat
5. SALES TAX. 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.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment
of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #
85-8015966531 C.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name: Douglas N. Higgins, Inc.
Address: 4485 Enterprise Ave.
Naples, FL 34104
Authorized Agent:Kelly A. Wilkie, VP
Attention Name & Title:
Telephone: 239) 774-3130
E-Mail(s): Kwilkie2000@dnhiggins.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to
the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Steve Messner
Division Name: Water Division
Address: 4370 Mercantile Avenue
Naples, Florida
Administrative Agent/PM: Pamela Libby
Telephone: 239) 252-6239
E-Mail(s): Pamela.Libby@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured and paid for
by the Contractor. The Contractor shall also be solely responsible for payment of any and all
taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer
with respect to persons employed by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for
cause; further the County may terminate this Agreement for convenience with a thirty (30) day
written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the County
shall be limited to that portion of the Agreement Amount earned through the date of termination.
The Contractor shall not be entitled to any other or further recovery against the County, including,
but not limited to, any damages or any anticipated profit on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$ 1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each
accident.
D. III Watercraft: $ 1,000,000 Per Occurrence.
E. Maritime Coverage (Jones Act): Shall be maintained where applicable to the completion
of the work $ 1,000,000 per Occurrence. vision requesting the quoted work w,:the appropriate
endorsement for Maritime coverage on an as needed project basis.
F. Ill Pollution: $1,000,000 per Occurrence.
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G.I I United States Longshoreman's and Hardworker's Act Coverage shall have
minimum limits of$ 1,000,000 per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate
Holder and included as an "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 Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
notice, or in accordance with policy provisions. Contractor shall also notify 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.
Contractor shall ensure that all subcontractors comply with the same insurance requirements that
the Contractor is required to meet.
13. INDEMNIFICATION. 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, whether resulting from any claimed breach of this Agreement by Contractor, any
statutory or regulatory violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, 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. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13.1 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,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Public Utilities Departement Water Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
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performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate(s), 1E1 Exhibit A Scope of Services, 111I Exhibit B Fee
Schedule, RFP/ n 4-T-B/ Other Invitation of Qualification (IFQ)20-7780
including Exhibits, Attachments and Addenda/Addendum, subsequent quotes and
corresponding contract documents, INC Exhibit C-1 Public Payment Bond, 1.1 Exhibit C-2 Public
Performance Bond, n Exhibit D - Release and Affidavit Form, Exhibit E — Form of Contract
Application for Payment, 111I Exhibit F - Change Order, Exhibit G - Certificate of Substantial
Completion, n Exhibit H -Certificate of Final Completion, n Exhibit I Warranty, and I I Other
Exhibit/Attachment:
17. APPLICABILITY. Sections corresponding to any checked box (III) expressly apply to the terms
of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for
a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,
c. immediate termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated 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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
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Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(r colliercountvfLgov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and
agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation
or resultant Agreement to other governmental entities at the discretion of the successful
Contractor.
22. BONDS.
A. When a construction project is in excess of$200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party(ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, terminates or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
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calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
23. n LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. 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.
The Work shall be substantially completed within the time specified in the Request for
Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions
thereof) is the date certified by the Owner 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. The Work shall reach final completion and
be ready for final acceptance by Owner within the time specified in the Request for
Quotation/Scope of Work.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
24. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may request to receive Progress Payments.
Subsequent to the first payment, Contractor must provide Owner with a fully executed Release
and Affidavit in the form attached hereto as Exhibit"D" as a condition precedent to release of each
progress payment. All applications for payment, whether for full payment or a progress payment
shall be in writing, and in substantially the form attached hereto as Exhibit "E."
25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions
thereof, because of defective or incomplete work, outstanding punchlist items, subsequently
discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise
due to Contractor under this Agreement or any other Agreement between Owner and Contractor,
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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 failed or reasonable evidence indicating
probable fling 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.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other Agreement between Contractor
and Owner.
26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
27. ] CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, 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 supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts
of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
C. 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 his 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.
28. UI CHANGES IN THE WORK. 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,
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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 modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "F" 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.
29. El CLEAN UP. 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.
30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
31. C TESTS AND INSPECTIONS. 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 to the County 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 County.
32. PROTECTION OF WORK.
A. 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 anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of the County or County's separate contractors, Contractor shall be charged
with the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. 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.
C. Contractor shall not disturb any benchmark established by the County with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the County's benchmarks, Contractor shall immediately notify the County.
The County shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by the County associated therewith.
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33. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after 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 Owner 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.
34. C COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punchlist 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
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H,
recommending that on the basis of Owner's 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.
Final payment shall not become due and payable until Contractor submits:
A. The Release and Affidavit in the form attached as Exhibit "D."
B. Consent of Surety (if applicable) to final payment.
C. If required by Owner, other data establishing payment or satisfaction of all obligations, such
as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent
and in such form as may be designated by Owner.
D. The warranty in the form attached as Exhibit "I".
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Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
35. • WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to the County 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 final 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 the County. 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. These warranties are in addition to those implied warranties to which the County is
entitled as a matter of law.
36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
38. 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 County's staff person who would make
the presentation of any settlement reached during negotiations to County 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
County's staff person who would make the presentation of any settlement reached at mediation
to County'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.
39. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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40.
shall be knowledgeable in their areas of expertise. The County reserves the right to perform
the performance of the Agreement. The Contractor shall assign as many people as necessary to
complete the services on a timely basis, and each person assigned shall be available for an
Collier County within seven (7) days of the change. The County retains final approval of proposed
replacement personnel.
n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to
perform investigations as may be deemed necessary to ensure that competent persons will be
utilized in the performance of the Agreement. The Contractor shall assign as many people as
necessary to complete required services on a timely basis, and each person assigned shall be
available for an amount of time adequate to meet required services.
41.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
n
the terms of any of the Contract Documents and/or the County's Board approved Executive
Summary, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Contract Documents cannot be resolved
42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County'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 the County.
43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier
County Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance
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and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name
of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of$500 per incident.
44. • SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA), State
and County Safety and Occupational Health Standards and any other applicable rules and
regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or
property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as
all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA
onto a project that is being performed on Collier County Property. Collier County, as the owner of
the property where the project is taking place shall be the only entity allowed to refuse access to
the project. However, this decision shall only be made by Collier County's Risk Management
Division Safety Manager and/or Safety Engineer.
Intentionally left blank-signature page to follow)
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this
Agreement on the date and year first written above,
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
Crystal K.,Kinzel, Clerk of Court&
Comptrgiler
y
By: r _
PENNY TAYL Chair
Dated: , r 4 ' i•. 1
SEAL . as o Myhalrnian's
Contractor's[ witnesses: Douglas N. Higgins, Inc.
Contractor
Contr tor's Fir Witness Si natu.e
Kelly A. Wilkie, Vice-President
Daniel N. Higgins Type/print signature and titlel'
TT pe/print witness name
0' Gt
Contras 's Second Witness
David J. Wilkie
TType/print witness name
A ed as or and Legality:
County Attorney
int ame
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Exhibit A
Scope of Services
following this page (pages
1
through
2
n this exhibit is not applicable
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Multi-Contractor Award Agreement[2021_ver.1]
16.B.6.e
Packet Pg. 578 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
IFQ#20-7800"Underground Contractor Services"
EXHIBIT A
SCOPE OF SERVICES
Contractors shall provide complete general utility and stormwater management system contracting services and on-call
urgent repair services.The Contractors will be responsible for providing complete utility contracting services regardless
of location for a wide range of projects as may be requested by Collier County.
Services shall include,but not be limited to,the following:
1. Supervision/administration of work.
2. New construction of water/sewer lines,lift stations,manholes, storm drains,and appurtenances.
3. Renovations/retrofits of water/sewer lines, lateral lines, lift stations, manholes, storm drains, and
appurtenances.
4. Demolition associated with renovations/retrofits.
5. Scheduling work and subcontractors in harmony with the County's operations.
6. Estimating cost of future projects.
7. Repairs (urgent and non-urgent) of all types of underground infrastructure, including but not limited to
water mains, force mains, water services, backflows, lateral lines, gravity water mains, valves, and
hydrants.
8. Installation/repair/replacement/restoration/maintenance/excavation of stormwater management systems,
including but not limited to pipe and pipe fittings, manholes, junction boxes, structures, box culverts,
frames & grates, backflow preventers, pump stations, weirs, head walls, end walls, sea walls, boat ramps,
swales, ditches, canals, outfalls, dredging, pipe and structure cleaning and viewing, pipe lining, and all
associated miscellaneous work.
9. Repairs to service lines for various County departments, serving facilities such as parks, libraries and other
office buildings.
10. On-Call Urgent Services.
I. Required Licenses and Standards
Contractor must possess and maintain during the duration of the Agreement a State of Florida Underground Utility
and Excavation Contractor license or a General Contractors license. All work performed will meet or exceed
County Utility Technical Standards, see link below.
https://www.colliercountyfl.gov/your-government/divisions-f-r/pub lic-utilities-planning-and-prof ect-
management/utilities-standards-manual
II. Payment and Performance Bonds
Projects over$200,000 shall have a payment and performance bond and shall be provided within ten (10)business
days after notification of award. The payment and performance bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to the County. 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. 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., 75 Fulton Street, New York, NY 10038. Should the
contract amount be less than $500,000 the requirements of Section 287.0935, Florida Statutes shall govern the
rating and classification of the surety.All performance security under the subsequent contract shall be continued for
a six(6)month period beyond the final completion of the project.
If the surety for any bond furnished by the 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 another bond and surety,both of
which shall be subject to County's approval.
Page 1 of 2
Exhibit A—Scope of Services
C Zi
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Packet Pg. 579 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
III. On-Call Urgent Services
Urgent work shall be defined as any work that is not scheduled. 24-hour availability is needed to complete on-call
urgent work.Urgent work will be completed on a rotating schedule with one(1)Contractor designated for a one(1)
week period. Each awarded Contractor shall supply all County departments utilizing this contract with a minimum
of two(2)twenty-four(24)hour urgent contact phone numbers. All Contractors must participate in the urgent work
rotation, which will be equally divided. The County Project Manager or designee will manage and maintain
rotation schedules such that a minimum of six (6) months of future equitable assignments are accessible to all
Contractors awarded. Urgent calls for assistance must be responded to with a Supervisor on site within 1 hour to
evaluate the job and crews, equipment, and if needed Maintenance of Traffic set up within 2.5 hours of the request
for assistance. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be
contacted.Any failure to provide coverage by a Contractor,may be subject to termination.
Rates for On-Call urgent services are outlined in Exhibit B-Fee Schedule.
IV. Price Methodology and Subcontractor Work
The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the
Contractor in their response to a specific request for quotation. The Contractor will be compensated for time and
material work or lump sum as applicable, including material and specialty equipment markup, either for urgent or
non-urgent work.
Markup for subcontractors shall be 15%.
Markup for material shall be 10%
V. Distribution of Work
Quotes will be requested for each project. The procedure to be followed will be determined by the value of the project.
A. The procedure for projects with a value of$50,000 or less is outlined below:
1. A quote will be requested from one(1)of the awarded Contractors on a basis that ensures a relatively even
distribution of the work.
2. Contractor shall respond with the information and/or proposal sought within seven(7)calendar days.
3. Issuance of a Work Order by County.
B. Procedures for projects with a value of$50,000 to$1,000,000 are as follows:
1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of
liquidated damages may be specified in the request for quotation.
2. Contractor shall respond with the quote within ten (10) business days. The County's Project Manager or designee
will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest
quote.
3. Bonds are applicable for projects over$200,000.
4. Issuance of a Work Order by County.
5. Any project over$500,000 must be presented to the BCC for approval.
The Division requesting quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed
project basis.
The County reserves the right to waive any or all of these requirements if in the best interest of the County and to
separately solicit any job.The County reserves the right to supply all necessary parts for selected projects and repairs.
Page 2 of 2
Exhibit A—Scope of Services
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Packet Pg. 580 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
Exhibit B
Fee Schedule
following this page (pages through
1 )
1 this exhibit is not applicable
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Multi-Contractor Award Agreement[2021_ver.1]
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Packet Pg. 581 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
IFQ#20-7800 "Underground Contractor Services"
EXHIBIT B
FEE SCHEDULE
I. On-Call Urgent Services
Rates for On-Call urgent services are outlined in the attached.
II. Quotes for projects with a value of$50,000 or less shall utilize Time and Material Price Methodology based
off the attached rates.
III. Price Methodology and Subcontractor Work
Markup for subcontractors shall be 15%.
Markup for material shall be 10%
16.B.6.e
Packet Pg. 582 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
Douglas N. Higgins, Inc.
Regular hours shall be Monday through Friday 7AM-4 PM, overtime hours shall be Friday through
Monday 4PM-7AM as well as all day on holidays. Subcontractor work shall be strictly 15% markup and
10%for material. Any equipment rate shall be the same regardless of time and shall be charged for
hours utilized. Any rentals shall be considered the same as subcontractor markup at 15%.A copy of the
rental receipt must be included with each invoice.
Hourly Rates
Labor Regular Overtime
Superintendent 85.00 119.00
Foreman 79.00 110.60
Operator 68.00 95.20
Laborer 61.00 85.40
Project Manager 96.00 134.40
Clerical/Administrative 61.00 85.40
Equipment Regular/Overtime
Track backhoes: < 3 c.y. 144.00
3 c.y.181.00
50-70 Ton Crane 178.00
Articulated Front End Loader 89.00
Rubber tire backhoe 55.00
Bull Dozer up to JD650 89.00
Vibratory Roller 59.00
Asphalt Roller 59.00
NPK 3H Hammer 57.00
Tandem Dump Truck 69.00
Five C.Y. Dump Truck 56.00
Water Truck or trailer 69.00
Broom Tractor 55.00
Lowboy 121.00
Jet-vac Unit 390.00
Compactor 17.00
Two (2) Inch Submersible Pump 23.00
Three (3) inch Trash Pump 28.00
Six (6) inch dewatering system 56.00
Eight (8) inch dewatering system 87.00
Pickup and Misc. Tools 54.00
Light Plant 27.00
Concrete or Pipe Saw 11.00
CAS'
16.B.6.e
Packet Pg. 583 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
Exhibit C-1
E this exhibit is not applicable
PUBLIC PAYMENT BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That as
Principal, and as Surety, located at
Business Address) are held and firmly bound
to as Oblige 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 Oblige for
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 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 under-signed representative, pursuant to authority of its governing
body.
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Packet Pg. 584 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
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 by means of physical presence or online
notarization, this of 20 , by as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST:SURETY:
Printed Name)
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR
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Multi-Contractor Award Agreement[2021_ver.1]
16.B.6.e
Packet Pg. 585 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
As Attorney in Fact
Attach Power of Attorney)
Witnesses
Business Address)
Printed Name)
Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this of 20 , by as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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Multi-Contractor Award Agreement[2021_ver.1]
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Packet Pg. 586 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
n this exhibit is not applicable
EXHIBIT C-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety, located at
Business Address) are held and firmly bound to
as Oblige 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 Oblige for
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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Multi-Contractor Award Agreement[2021_ver.1]
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Packet Pg. 587 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
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 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 by means of physical presence or 0 online
notarization, this of 20 , by as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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Multi-Contractor Award Agreement[2021_ver.1]
S
16.B.6.e
Packet Pg. 588 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
ATTEST:SURETY:
Printed Name)
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR
As Attorney in Fact
Attach Power of Attorney)
Witnesses
Business Address)
Printed Name)
Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this of 20 , by as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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Multi-Contractor Award Agreement[2021_ver.1]
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Packet Pg. 589 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
this exhibit is not applicable
EXHIBIT D
RELEASE AND AFFIDAVIT FORM
COUNTY OF (
STATE OF (
Before me, the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
1) In accordance with the Contract Documents and in consideration of $ to be received,
Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 20 for the period from
to This partial waiver and release is conditioned upon payment of
the consideration described above. It is not effective until said payment is received in paid funds.
2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or
other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this
Release and Affidavit.
4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS:
DATE:
Witness
Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this of 20 , by as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature of Notary Public-State of Florida)
NAME:
Legibly Printed)
Notary Public, State of
AFFIX OFFICIAL SEAL)
Commissioner No.:
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Multi-Contractor Award Agreement[2021_ver.1]
16.B.6.e
Packet Pg. 590 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
this exhibit is not applicable
EXHIBIT E
FORM OF CONTRACT APPLICATION FOR PAYMENT
County Project Manager)Bid No.
County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District(the OWNER) Application Date
FROM: Contractor's Representative) Payment Application No.
Contractor's Name)for Work accomplished through the Date:
Contractor's Address)
RE: Project Name)
Original Contract Time: Original Contract Amount:
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount
Total value of Work Completed
Retainage @ 10% thru [insert date] and stored to Date
Retainage @ _% after [insert date] Less previous payment (s) $
Percent Work completed to Date: AMOUNT DUE THIS
Percent Contract Time completed to Date APPLICATION:
Liquidated Damages to be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered
1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered
by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests
and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work
which previous payments were issued and received from the OWNER and that current payment is now due; (4) and
CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised
contract and shall be incorporated into a future Change Order:
By CONTRACTOR: Contractor's Name)
Signature)
DATE:
Type Name&Title)
shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : DP's Name)
Signature)
DATE:
Type Name &Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: Signature) DATE:
Type Name and Title)
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Multi-Contractor Award Agreement[2021_ver.1]
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Packet Pg. 591 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
this exhibit is not applicable
EXHIBIT F
CHANGE ORDER
Contract Modification Work Order Modification
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name:Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total 0.00 DIV/0! Change from Current BCC Approved Amount
Cumulative Changes 0.00 DIV/0! Change from Current Amount
Completion Date, Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
of Days Added Select Tasks Add new task(s) Delete task(s) El Change task(s) Other(see
below)
Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and
or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the
impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the
same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.
The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor /Vendor /
Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by:
Date:
Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable)
Approved by:
Date:
Design Professional and Name of Firm, if project applicable)
Approved by:
Date:
Procurement Professional
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Packet Pg. 592 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
n this exhibit is not applicable
EXHIBIT G
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'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
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 contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list shall
be completed or corrected by CONTRACTOR within days of the above date of Substantial
Completion.
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Packet Pg. 593 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACT OR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with
the Contract Documents.
Executed by Design Professional on 20_
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
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Packet Pg. 594 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
this exhibit is not applicable
EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
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
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The warranty in Exhibit I is attached to and made a part of this Certificate:
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Packet Pg. 595 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
Executed by Design Professional on 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
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Packet Pg. 596 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
this exhibit is not applicable
EXHIBIT I
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the
undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and
executed under the contract either directly performed by the CONTRACTOR or at the express
request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be
free of all defects of materials and workmanship for a period of one year from the DATE OF
FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written
demand by the COUNTY. It is further understood that further consideration for this warranty
and guaranty is the consideration given for the requirement pursuant to the general conditions
and specifications under which the contract was let that such warranty and guaranty would be
given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work
performed under the contract and does not constitute a waiver of any rights provided pursuant
to Florida Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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16.B.6.e
Packet Pg. 597 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
Other Exhibit/Attachment
Description:
following this page (pages through )
this exhibit is not applicable
Page 33 of 33
Multi-Award Agreement 2017.006 Ver.l
16.B.6.e
Packet Pg. 598 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
DATE(MM/DD/YYYY)
AC D CERTIFICATE OF LIABILITY INSURANCE 5/14/2021
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).
CONTACT
PRODUCER NAME:
Hylant Group Inc-Ann Arbor PHONE FAX
No):734-741-1850
24 Frank Lloyd Wright Dr J4100 A/c.No.Exti: 734-741-0044
Ann Arbor MI 48105 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Transportation Insurance Co 20494
INSURED HIGGI-5
INSURER B:Valley Forge Insurance Co 20508
Douglas N. Higgins, Inc.
3390 Travis Pointe, Suite A
INSURER C:Continental Insurance Company 35289
Ann Arbor MI 48108 INSURER D:Allied World Assurance Co Inc(US) 19489
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:805823465 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR ADDL SUBR POLICY EFF POLICY EXP
ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY U1061922047 4/1/2021 4/1/2022 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $500,000
X Inc!XCU
MED EXP(Any one person) $15,000
X Incl contractual PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X 7E211 LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER:
B AUTOMOBILE LIABILITY BUA1061922033 4/1/2021 4/1/2022 COMBINED SINGLE LIMIT $1,000,000
Ea accident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
C X UMBRELLA LIAB X OCCUR U1061922050 4/1/2021 4/1/2022 EACH OCCURRENCE $8,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 8,000,000
DED X RETENTION$r1
B WORKERS COMPENSATION WC7012265571 4/1/2021 4/1/2022 X STATUTE OTH-ER
AND EMPLOYERS'LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N N/A
E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Professional/ 0312-7992 4/1/2021 4/1/2022 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- 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.
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
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
16.B.6.e
Packet Pg. 599 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
CNA Workers Compensation And Employers Liability Insurance
Policy Endorsement
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT
NN
This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a
state shown in the Schedule. The policy applies to that work as though that state were listed in Item 3.A. of
the Information Page.
General Section C. Workers' Compensation Law is replaced by the following:
C. Workers' Compensation Law
Workers' Compensation Law means the workers or workmen's compensation law and occupational disease
law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor
Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that
are in effect during the policy period. It does not include any other federal workers or workmen's
compensation law, other federal occupational disease law or the provisions of any law that provide
nonoccupational disability benefits.
Part Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the
Longshore and Harbor Workers' Compensation Act.
This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands
Act, or the Nonappropriated Fund Instrumentalities Act.
Schedule
State Longshore and Harbor Workers'
Compensation Act Coverage Percentage
Florida 58.0%
Michigan 0/0
The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily
subject to the Longshore and Harbor Workers' Compensation Act. If this policy covers work under such
classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those
non-F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage
Percentage shown in the Schedule.
All other terms and conditions of the policy remain unchanged.
MINIM
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No:WC 00 01 06 A 104-1992) Policy No:WC 7 12265571
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:04/01/2021
Endorsement No: 3; Page: 1 of 1 Policy Page: 51 of 100
Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606
Copyright 1983, 1991 National Council on Compensation Insurance.
16.B.6.e
Packet Pg. 600 Attachment: 20-7800_DouglasNHigginsInc_Contract (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP & project
After the Fact Form
Revised 06/17/2021
Instructions
As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement
Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or
contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order,
when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and
services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the
County Manager.
Requester Name: Division:
Division Director: Vendor Name:
Amount: Contract #: Purchase Order:
Why is this deemed a non-compliant purchase? Choose one.
Contract Ordinance Manual P-Card Other
Details of Purchase: Explain the circumstances behind this purchase.
Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable?
Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring?
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Signature: Date:
Division Director: Signature: Date:
16.B.6.f
Packet Pg. 601 Attachment: ATF CCON Wetland Higgins v4 signed FINAL (27699 : ATF payment and donation “CCON Wetland Outfalls”; Revised NTP &