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Agenda 01/14/2025 Item #16F 3 (Award ITB #24-8278 to Capital Contractors, LLC to repair damage cause by Hurricane Ian to the Calm Pass Parking Lot Wall)
1/14/2025 Item # 16.F.3 ID# 2024-2261 Executive Summary Recommendation to award Construction Invitation to Bid (“ITB”) No. 24-8278, “Hurricane Ian Repairs – Clam Pass Parking Lot Wall,” to Capital Contractors, LLC., in the amount of $129,750, approve an owner’s allowance of $5,200 for potential unforeseen conditions, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: Approval to award ITB No. 24-8278 to Capital Contractors, LLC to repair damage caused by Hurricane Ian to the Clam Pass Parking Lot Wall. CONSIDERATIONS: The parking lot wall of Clam Pass Park experienced flooding and wind damage during Hurricane Ian. The scope of the Hurricane Ian Repairs Clam Pass Parking Lot Wall project includes replacing the damaged wall panels and the metal gate and grading and planting areas where fill loss occurred. The contractor must fully restore the wall and its immediate surroundings to their pre-storm condition. On July 19, 2024, the Procurement Services Division issued ITB No. 24-8278, “Hurricane Ian Repairs ‐ Clam Pass Parking Lot Wall.” The County received two bids by the September 18, 2024, deadline, as summarized below: Company Name City County ST Bid Amount Responsive/ Responsible Capital Contractors, LLC Naples Collier FL $129,750 Yes/Yes Douglas N. Higgins, Inc Naples Collier FL $242,380 Yes/Yes Staff reviewed the two bids and found both bidders responsive and responsible, with Capital Contractors, LLC (“Capital”) as the lowest, responsive, and responsible bidder. Staff recommends awarding the attached Agreement to Capital in the low bid amount of $129,750. In addition to the bid amount, staff is allocating $5,200 as an Owner’s Allowance to be utilized for unforeseen conditions encountered during construction, which will be included in the Purchase Order. Use of the allowance will be as directed by the County, with proper supporting documentation to be submitted by the contractor for any additional work that is authorized and completed. The County’s engineering consultant, Taylor Engineering, Inc., evaluated the bids and determined that Capital met all the qualifications required for this project. Capital submitted the lowest, most responsive, and most responsible bid. Therefore, staff recommends that the attached Agreement be awarded to Capital for the total contract amount of $129,750, plus the Owner’s Allowance of $5,200, which will be used as directed by the County only if necessary. FISCAL IMPACT: Funding in the amount of $134,950.00 is available within the Disaster Fund (1813), Project 50280. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To award ITB No. 24-8278, “Hurricane Ian Repairs – Clam Pass Parking Lot Wall,” to Capital Contractors, LLC., in the amount of $129,750, approve an owner’s allowance of $5,200, and authorize the Chairman to sign the attached Agreement. PREPARED BY: Tony Barone, Project Manager Supervisor, Facilities Management ATTACHMENTS: Page 5158 of 6405 1/14/2025 Item # 16.F.3 ID# 2024-2261 1. 24-8278 - DELORA 2. 24-8278 NORA 3. 24-8278 - Solicitation 4. 24-8278 VendorSigned_Capital 5. 24-8278 - Bid Tabulation 6. 24-8278 COI in Compliance__Capital Page 5159 of 6405 10199 SOUTHSIDE BLVD, STE 310 | JACKSONVILLE FL 32256 | TEL 904.731.7040 WWW.TAYLORENGINEERING.COM Rita Iglesias Collier County Procurement 3295 Tamiami Trail East Naples, FL 34112-5361 10/22/24 RE: Design Entity Letter of Recommended Award Solicitation No. 24-8278 Hurricane Ian Repairs – Clam Pass Parking Lot Wall Dear Ms. Iglesias: Bids were received for the above-referenced project by Collier County on September 18, 2024. Taylor Engineering (EOR) has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Hurricane Ian Repairs – Clam Pass Parking Lot Wall project includes replacing the damaged wall panels, replacing the metal gate, and grading and planting areas where fill loss occurred during Hurricane Ian. Collier County Procurement’s review of the bid tabulations determined that the apparent low bidder is Capital Contractors, LLC with a bid of $129,750.00. Taylor Engineering was provided with the Bid Schedule for Capital Contractors, LLC. Capital Contractors, LLC bid is approximately 18% higher than the Engineer’s Opinion of Probable Construction Cost (OPC) of $110,000.00. The Contractor’s bid for the manufacturing and installation of wall sections exceeded the Engineer’s estimate. The wall consists of prefabricated reinforced concrete elements which are pre-engineered and installed by a specialty fabricator. For this reason, cost data for materials, fabrication, and installation (labor) were scarce and the limited number suppliers hindered competitive bid pricing. However, given the current market volatility, the Engineer deems this cost acceptable for the project. References were provided, and the completed Vendor Reference Check Logs for each reference are attached hereto. The project references provided by Capital Contractors, LLC were all contacted, and Taylor Engineering determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. Capital Contractors, LLC has been authorized to transact business in the State of Florida since 2017. Capital Contractors, LLC is registered with the Florida Department of Business and Professional Regulation as a Construction Business, which is registered as current and active. Collier County has worked successfully with Capital Contractors, LLC on several previous projects. Based on their experience with Collier County, favorable performance reviews and adequate licensing, Capital Contractors, LLC is a qualified firm to conduct the requested work. Based on the above information, Taylor Engineering recommends Capital Contractors, LLC be awarded the Hurricane Ian Repairs – Clam Pass Parking Lot Wall project in the amount of $129,750.00. Should there be any questions, please feel free to contact our office. Page 5160 of 6405 Sincerely, Jake Sydnor, PE Project Manager, Waterfront Engineer Page 5161 of 6405 Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 19-7525/2018-006 Reference Check by: Emilee Wissmach, E.I. Solicitation Title: Conner Park Paver Sidewalks Date: 10/22/24 Bidder’s Name: Capital Contractors Phone: (904)256-1304 Design Entity: McGee & Associates REFERENCED PROJECT: Project Name: Paver Sidewalks at Vanderbilt Dr. and Bluebill Ave. Project Location: Intersection of Vanderbilt Dr. and Bluebill Ave. Project Description: Installed paver sidewalks Completion Date: 12/2021 Contract Value: $229,853.35 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E, Naples, FL 34112 Phone: (239)252-4980 Owner’s Contact Person: Harry Sells/Judy Sizensky (replaced previous PM) E-Mail: Judith.Sizensky@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, the work was above satisfactory. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the project ran smoothly. There were no changes throughout the project. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Page 5162 of 6405 Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 19-7525 Reference Check by: Emilee Wissmach, E.I. Solicitation Title: General Contractors Date: 10/14/24 Bidder’s Name: Capital Contractors, LLC Phone: (904)256-1304 Design Entity: REFERENCED PROJECT: Project Name: Bluebill VBR Fence & Signs Project Location: Vanderbilt Beach at the corner of Vanderbilt Drive and Bluebill Ave. Project Description: Constructed a fence and two entry signs Completion Date: 11/2020 Contract Value: $287,050.00 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E, Naples, FL 34112 Phone: (239)252-4980 Owner’s Contact Person: Harry Sells/Judy Sizensky (replaced previous PM) E-Mail: Judith.Sizensky@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes, the project was completed on time and within budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, all submittals were satisfactory. 3. Was the construction process performed satisfactorily? (If not, provide detail) The construction was exceptional. 4. Did the process run smoothly? Were there any changes? Describe below. Per the documents on file, there were no changes or issues during or after construction. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, closeout was completed with no issues. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Page 5163 of 6405 Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: Reference Check by: Emilee Wissmach, E.I. Solicitation Title: Date: 10/14/24 Bidder’s Name: Capital Contractors, LLC Phone: (904)256-1304 Design Entity: REFERENCED PROJECT: Project Name: 100418 CC Clam Pass Concession Project Location: 465 Seagate Dr Naples, FL 34103 Project Description: Clam Pass concession renovation Completion Date: 09/21 Contract Value: $134,293.50 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E, Naples, FL 34112 Phone: (239)821-2546 Owner’s Contact Person: James Williams E-Mail: James.Williams@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) We did experience some supply chain issues, causing delays, but those were communicated by the vendor. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, our team was able to meet on site with the vendor and subcontractors numerous times to solidify the submittal. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, upon demolition a few unknown conditions were brought to light causing changes in the construction plan. 4. Did the process run smoothly? Were there any changes? Describe below. Even with the supply chain issues and unknown conditions, the overall process did run smooth as the vendor and management has clear communication. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) There were delays/changes required through permitting. The hire vendor did work through them to completion. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: Page 5164 of 6405 Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 19-9601 Reference Check by: Emilee Wissmach, E.I. Solicitation Title: GMD Generator and Facility Design Improvements Date: 10/14/24 Bidder’s Name: Capital Contractors, LLC Phone: (904)256-1304 Design Entity: REFERENCED PROJECT: Project Name: GMD Generator and Facility Design Improvements Project Location: 2800 N Horseshoe Dr, Naples, FL 34112 Project Description: Installed GMD generator and facility design improvements Completion Date: 09/20 Contract Value: $423,650.00 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E, Naples, FL 34112 Phone: (239)438-5310 Owner’s Contact Person: Thomas Orr E-Mail: Thomas.Orr@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes, the project was completed timely and within budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, the submittal/review process was performed satisfactorily. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, the construction process was performed satisfactorily. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the process ran smoothly without changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, the contract closeout process was performed satisfactorily. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: Page 5165 of 6405 Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: Reference Check by: Emilee Wissmach, E.I. Solicitation Title: Date: 10/14/24 Bidder’s Name: Capital Contractors, LLC Phone: (904)256-1304 Design Entity: REFERENCED PROJECT: Project Name: SNF Wading Pool Project Location: 15000 Livingston Rd, Naples, FL 34109 Project Description: Wading pool improvements Completion Date: 05/22 Contract Value: $150,000.00 Project Owner/Title: Collier County Owner’s Address: 3335 Tamiami Trail E, Naples, FL 34112 Phone: (239)252-5337 Owner’s Contact Person: Dayne Atkinson E-Mail: Dayne.Atkinson@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes, the project was completed timely and within budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes, the submittal/review process was performed satisfactorily. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, the construction process was performed satisfactorily. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the process ran smoothly without changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes, the contract closeout process was performed satisfactorily. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues. 7. Additional comments: Page 5166 of 6405 Page 5167 of 6405 Construction Solicitation Doc rev 04152022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR Hurricane Ian Repairs - Clam Pass Parking Lot Wall SOLICITATION NO.: 24-8278 MATTHEW WEBSTER, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8491 Matthew.webster@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Page 5168 of 6405 Construction Solicitation Doc rev 04152022 INVITATION TO BID - COUNTY BID NO. 24-8278 Hurricane Ian Repairs - Clam Pass Parking Lot Wall Sealed bids for the construction of Hurricane Ian Repairs - Clam Pass Parking Lot Wall will be received electronically until 3:00 P.M. LOCAL TIME, on the 4th day of September, 2024 on the County’s on-line bidding system: https://procurement.opengov.com. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $96,500.00. A non-mandatory pre-bid conference shall be held at the Clam Pass Park, 465 Seagate Dr, Naples, FL 34103, at 10 a.m. LOCAL TIME on the 29th day of July, 2024, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of September 4, 2024. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://procurement.opengov.com. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days of One Hundred and Fifty (150) calendar days, with an additional Thirty (30) calendar days to final completion. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Hundred and Three Dollars ($103.00) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Sandra Srnka Director, Procurement Services Division Page 5169 of 6405 Construction Solicitation Doc rev 04152022 FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Hurricane Ian Repairs - Clam Pass Parking Lot Wall BID NO. 24-8278 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Page 5170 of 6405 Construction Solicitation Doc rev 04152022 above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner’s actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature:______________________________________ Title:___________________________________________ Date:____________________________ Page 5171 of 6405 Construction Solicitation Doc rev 04152022 FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT Hurricane Ian Repairs - Clam Pass Parking Lot Wall Bid No. 24-8278 Name Personnel Category Construction Superintendent Project Manager Page 5172 of 6405 Construction Solicitation Doc rev 04152022 FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: _____________________________________________________________ Signature: ___________________________________________ Date: _________ Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: __________________________________________________-_________________ Signature:______________________________________________________ Date ________ Page 5173 of 6405 Construction Solicitation Doc rev 04152022 FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are “qualified” (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ Page 5174 of 6405 Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) Page 5175 of 6405 Construction Solicitation Doc rev 04152022 FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) 5. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ Page 5176 of 6405 Construction Solicitation Doc rev 04152022 FORM 6 - TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ Page 5177 of 6405 FORM 7 - BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLE KNOW ALL MEN BY THESE PRESENTS, that we _____________________________ __________________________ (herein after called the Principal) and ____________________________________________, (herein called the Surety), a corporation chartered and existing under the laws of the State of _____________ with its principal offices in the city of ____________________ and authorized to do business in the State of ______________________ are held and firmly bound unto the __________________________________________________ (hereinafter called the Owner), in the full and just sum of ____________________________________________ dollars ($_________________) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 24-8278 Hurricane Ian Repairs - Clam Pass Parking Lot Wall. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $______________ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of ________________, 20 . Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for Page 5178 of 6405 FORM 8 - INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County”, or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Page 5179 of 6405 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000____single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit Shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000________ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence Page 5180 of 6405 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 6/7/24 ______________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 5181 of 6405 FORM 9 – CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non- public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. _____________________________________ Company Name _____________________________________ Signature ______________________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) ___________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced Page 5182 of 6405 FORM 10 – VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub- vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Email: Signature by: (Typed and written) Title: Page 5183 of 6405 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Page 5184 of 6405 FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s bid. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor’s bid or within five (5) day of the County’s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR’S PROPOSAL/BID MAY DEEM THE VENDOR NON-RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal/bid. _____________________________________ Company Name _____________________________________ Signature _____________________________________ Print Name and Title State of ___________________ County of _________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day of ____________ (month), (year), by (name of person acknowledging). _________________________________________ (Signature of Notary Public - State of Florida) __________________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ______________________________________ Type of Identification Produced Page 5185 of 6405 FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. l. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 9. Copies of required information have been attached a. Business tax Receipt (Collier County Businesses Only) b. Company’s E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org) d. Any required professional licenses – valid and current (myfloridalicense.com) (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) Required: State of Florida General Contractor License. All subcontractors to be licensed in the state of Florida for their respective trade or Building Contractor. e. Vendor W-9 Form 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier’s check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Page 5186 of 6405 ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND Hurricane Ian Repairs - Clam Pass Parking Lot Wall Bond No. Contract No. 24-8278 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ __________________________________________________________, as Principal, and _______________________________________________________________, as Surety, located at ______________________________________________________ (Business Address) are held and firmly bound to _______________________________ as Obligee in the sum of _________________________________________________ ($_____________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____ day of _______________ 20 , with Obligee for ____________________________________ in _______________________ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ______________ 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Page 5187 of 6405 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Page 5188 of 6405 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ___________________, 20 , by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page 5189 of 6405 ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND Hurricane Ian Repairs - Clam Pass Parking Lot Wall Bond No. Contract No. 24-8278 KNOW ALL MEN BY THESE PRESENTS: That _______________________________ ________________________, as Principal, and ______________________________ _____________________________, as Surety, located at ______________________________________________________________________ (Business Address) are held and firmly bound to ________________________________________________, as Obligee in the sum of ______________________________________________________________________ ($_______________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ____________ day of __________________________________, 20 , with Obligee for ______________________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. Page 5190 of 6405 IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page 5191 of 6405 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page 5192 of 6405 Page 5193 of 6405 Page 5194 of 6405 Page 5195 of 6405 Page 5196 of 6405 Page 5197 of 6405 Page 5198 of 6405 Page 5199 of 6405 Page 5200 of 6405 Page 5201 of 6405 Page 5202 of 6405 Page 5203 of 6405 Page 5204 of 6405 Page 5205 of 6405 Page 5206 of 6405 Page 5207 of 6405 Page 5208 of 6405 Page 5209 of 6405 Page 5210 of 6405 Page 5211 of 6405 Page 5212 of 6405 Page 5213 of 6405 Page 5214 of 6405 Page 5215 of 6405 Page 5216 of 6405 Page 5217 of 6405 Page 5218 of 6405 Page 5219 of 6405 Page 5220 of 6405 Page 5221 of 6405 Page 5222 of 6405 Page 5223 of 6405 Page 5224 of 6405 Page 5225 of 6405 Page 5226 of 6405 Page 5227 of 6405 Page 5228 of 6405 Page 5229 of 6405 Page 5230 of 6405 Page 5231 of 6405 Page 5232 of 6405 Page 5233 of 6405 Page 5234 of 6405 Page 5235 of 6405 Page 5236 of 6405 Page 5237 of 6405 Page 5238 of 6405 Page 5239 of 6405 Page 5240 of 6405 Page 5241 of 6405 Page 5242 of 6405 Page 5243 of 6405 Page 5244 of 6405 Page 5245 of 6405 Page 5246 of 6405 Page 5247 of 6405 Page 5248 of 6405 Page 5249 of 6405 Page 5250 of 6405 Page 5251 of 6405 Page 5252 of 6405 Page 5253 of 6405 Page 5254 of 6405 Page 5255 of 6405 Page 5256 of 6405 Page 5257 of 6405 Page 5258 of 6405 Page 5259 of 6405 Page 5260 of 6405 Page 5261 of 6405 Page 5262 of 6405 Page 5263 of 6405 Page 5264 of 6405 Page 5265 of 6405 Page 5266 of 6405 Page 5267 of 6405 Page 5268 of 6405 Page 5269 of 6405 Page 5270 of 6405 Page 5271 of 6405 Page 5272 of 6405 Page 5273 of 6405 Page 5274 of 6405 Page 5275 of 6405 Page 5276 of 6405 Page 5277 of 6405 Page 5278 of 6405 Page 5279 of 6405 Page 5280 of 6405 Page 5281 of 6405 Page 5282 of 6405 Page 5283 of 6405 Page 5284 of 6405 Page 5285 of 6405 Page 5286 of 6405 Page 5287 of 6405 Page 5288 of 6405 Page 5289 of 6405 Page 5290 of 6405 Page 5291 of 6405 Page 5292 of 6405 Page 5293 of 6405 Page 5294 of 6405 Page 5295 of 6405 Page 5296 of 6405 Page 5297 of 6405 Page 5298 of 6405 Page 5299 of 6405 Page 5300 of 6405 Page 5301 of 6405 Page 5302 of 6405 Page 5303 of 6405 Page 5304 of 6405 Page 5305 of 6405 Page 5306 of 6405 Page 5307 of 6405 Page 5308 of 6405 Page 5309 of 6405 Page 5310 of 6405 Page 5311 of 6405 Page 5312 of 6405 Page 5313 of 6405 Page 5314 of 6405 Page 5315 of 6405 Page 5316 of 6405 Page 5317 of 6405 Page 5318 of 6405 Page 5319 of 6405 Page 5320 of 6405 Page 5321 of 6405 Page 5322 of 6405 Page 5323 of 6405 Page 5324 of 6405 Page 5325 of 6405 Page 5326 of 6405 Page 5327 of 6405 Page 5328 of 6405 Project Manager: Mike Levy / Tony Barone Procurement Strategist: Rita Iglesias Notifications Sent: 2,093 Viewed: 599 Bids Received: 2 Construction ITB 24-8278 Hurricane Ian Repairs - Clam Pass Parking Lot Wall Bid Tabulation Capital Contractors, LLC Douglas N. Higgins, Inc.Engineer Summary Description Unit Quantity Total Total Total Parking Lot Wall Repair 1 Mobilization, Demobilization, and General Items LS 1 $9,750.00 $12,000.00 $10,000.00 2 Earthwork LS 1 $19,250.00 $30,000.00 $20,000.00 3 Manufacturing and Installation of Wall Sections LS 1 $78,250.00 $165,380.00 $65,000.00 4 Landscaping and Planting LS 1 $22,500.00 $35,000.00 $15,000.00 Total Bid Amount $129,750.00 $242,380.00 $110,000.00 * Staff has allocated $5,200 in Owner's Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Capital Contractors, LLC Douglas N. Higgins, Inc. Yes/No Yes/No Bid Schedule Yes Yes Bid Response Form (Form 1)Yes Yes Contractors Key Personnel Assigned to Project - (Form 2)Yes Yes Material Manufacturers (Form 3)Yes Yes List of Major Subcontractors (Form 4)Yes Yes Statement of Experience of Bidder (Form 5)Yes Yes Trench Safety Act Acknowledgement (Form 6)Yes Yes Bid Bond (Form 7)Yes Yes Insurance and Bonding Requirements (Form 8)Yes Yes Conflict of Interest Affidavit (Form 9)Yes Yes Vendor Declaration Statement (Form 10)Yes Yes Immigration Affidavit Certification (Form 11)Yes Yes Addendums (1)Yes Yes E-Verify Yes Yes Grants Package Yes Yes W-9 Yes Yes SunBiz Yes Yes License Yes Yes Opened By: Rita Iglesias Witnessed By: Barbara Lance Date: 9/18/2024 3:00 PM Page 5329 of 6405 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 5330 of 6405 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/4/2024 Olson & DiNunzio Insurance Agency Inc. 2536 Northbrooke Plaza Dr Naples FL 34119 Christine Olson 239.596.6226 chris@olsondinunzio.com Capital Contractors LLC 9010 Strada Stell Ct. Unit 108 Naples FL 34109 EVANSTON INSURANCE CO 35378 PROGRESSIVE INSURANCE A 8 8 8 Y 3AA763544 03/15/2024 03/15/2025 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 B 8 Y 07814220 07/01/2024 07/01/2025 1,000,000 Collier County Board of County Commissioners, or Board of County Commissioners in Collier County or Collier County Government or Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability policies on a primary and non contributory basis if and to the extent required by written contract. Contract 24-8278 for any and all work performed on behalf of Collier County. Collier County Board of County Commissioners 3295 Tamiami Tr E. Naples FL 34112 Page 5331 of 6405 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/10/2024 SUNZ Insurance Solutions, LLC. ID: (TLR) c/o TLR of Bonita, Inc 700 Central Ave, Suite 500 St. Petersburg, FL 33701 727-520-7676 x 3 727-525-3862 SUNZ Insurance Company 34762 A WC039-00001-024 6/1/2024 6/1/2025 3 1,000,000.00 1,000,000.00 1,000,000.00 Rick Leonard Workers' Comp Department certs@encorehr.com TLR of Bonita, Inc dba EnterpriseHR 700 Central Avenue Suite 500 St. Petersburg FL 33701 82961756 Client Effective: 5/28/2023 2728 Collier County Board of County Commissioners 3295 Tamiami Trail E Naples FL 34112 Coverage Provided for all leased employees but not subcontractors of: Capital Contractors Group, LLC #24-8278 'Hurricane Ian Repairs - Clam Pass Parking Lot Wall 82961756 | TLR of Bonita PEO 039 MASTER CERT | Brittany Trumbull | 12/10/2024 3:19:27 PM (EST) | Page 1 of 1 Page 5332 of 6405