Agenda 02/28/2012 Item #16C3Proposed Agenda Changes
Board of County Commissioners Meeting
February 28, 2012
MOVE ITEM 16C3 TO ITEM 11K: RECOMMENDATION TO APPROVE A
WORK ORDER IN THE AMOUNT OF $586,159.60 TO DN HIGGINS
FOR CONSTRUCTION TASKS IN RFQ #08- 5011 -58, IRRIGATION
QUALITY WATER SITES (COMMISSIONER HILLER'S REQUEST)
Withdraw Item 6A: Public Petition request from David Bakalar representing Wells Fargo Bank, requesting
the Board remove all fines assessed against property at 6090 Painted Leaf Lane, Naples (Petitioner request)
Continue Item 9A to the March 13.2012 BCC Meeting: This item requires that ex parte disclosure be
provided by Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. PUDA- PL20110000047: Sabal Bay MPUD -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development,
by amending the PUD Document, Exhibit A, to provide for: changes in development standards including
right of way widths and sidewalks; addition of general permitted uses to include outside storage and
telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and
electric boats as allowable uses in the recreation /village center tract; increase of preserve by 45 acres;
increase in floor area ratio for adult living facility and increase in height; removal of affordable housing and
removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management Plan on property
located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and
east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25
East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416 +/-
acres; and providing an effective date. (Applicant's request)
Move Item 16A13 to Item 11J: Recommendation to approve a Settlement and Release Agreement between
Collier County and American Traffic Solutions, Inc. for provision of Collier County's Traffic Infraction
Detector Program (known as the Red Light Running Camera Enforcement System (Staff request)
Move Item 16131 to Item 14138: Recommendation to the Board of County Commissioners acting as the
Community Redevelopment Agency (CRA) to approve the attached Site Access Agreement between the CRA
in Immokalee (Owner) and Douglas N. Higgins, Inc. (Contractor) allowing said Contractor to store its
materials and equipment in conjunction with the Downtown Immokalee Stormwater Improvement Project.
The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number
00122840009). (Commissioner Hiller's request)
Move Item 16D6 to Item 11H: Recommendation to implement the direction of the Board of County
Commissioners by amending the Neighborhood Stabilization Program Action Plans to execute program
changes and authorize submission of the revised Action Plans to the U.S. Department of Housing and Urban
Development. (Commissioner Hiller and Commissioner Fiala's separate requests)
Move Item 16D7 to Item 11I: Recommendation to approve a Short Sale Policy for the State Housing
Initiatives Partnership (SHIP) program. (Commissioner Hiller's request)
Note: Item 16A16 should read: Recommendation to adopt a resolution of necessity superseding-amending
Resolution No. 2011 -105 correcting scrivener's errors in legal descriptions and authorizing the
condemnation of those perpetual and temporary easement interests necessary for the construction of
stormwater improvements known as the US -41 Ditch segment of the Lely Area Stormwater Improvement
Project. (Project No. 51101) Estimated fiscal impact: $1,787,000. (Staffs request)
2/28/2012 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve a work order in the amount of $586,159.60 to DN Higgins for
construction tasks set forth in Request for Quotation 08- 5011 -58, Irrigation Quality Water
Sites.
OBJECTIVE: Obtain approval of a work order in the amount of $586,159.60 to DN Higgins for
construction tasks set forth in Request for Quotation (RFQ) 08- 5011 -58, Irrigation Quality (IQ)
Water Sites. The public purpose of this project is to ensure and maintain a reliable supply of IQ
water to all customers, based on their contractual obligations.
CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County
Commissioner (Board) adopted the 2008 Wastewater Master Plan Update that identified the
requirement for upgrading the IQ water distribution Supervisory Control and Data Acquisition
( SCADA) system. The proposed scope of work for Project 70062, "IQ SCADA Technical
Support," is consistent with the 2010 Wastewater CIP Update, page 3 of 4, line 121, as identified
in the 2011 User Fee Rate Study.
The IQ water provided to customers is based on customer demand as defined in contractual
agreements. Currently, the distribution system is not fully equipped with telemetry
communications or effective metering systems to ensure contractual demands are met in a
reliable, sustainable manner. The IQ distribution system is also not equipped to monitor or
provide warning of over usages, or possible spills and overflows. Spills and overflows are
reportable offenses that can result in fines from state and federal regulatory agencies. This
project addresses the aforementioned items, and includes a program to add and /or replace
obsolete mechanical and electronic process control devices that have become too costly to
maintain with new, less expensive technologies in the following locations:
Calusa Bay
Tarpon Cove
Veteran's Memorial Park
Vineyards Elementary School
Request for Quotation 08- 5011 -58, IQ Water Sites, was posted on December 7, 2011, and
distributed to the five vendors of the Fixed -Term Underground Utilities Contract 08 -5011 via the
County's electronic bid process. All five vendors submitted quotations by the December 22,
2011, deadline. The quotations are summarized in the table below.
Firm Total 5
DN Higgins
$
586,159.60
Haskins, Inc.
$
661,250.00
Quality Enterprises
$
666,909.41
Kyle Construction
$
703,800.00
Mitchell & Stark
$
866,985.00
Packet Page -1334-
2/28/2012 Item 16.C.3.
The engineer's estimate of probable construction cost was $680,000. Staff reviewed the
quotations and determined DN Higgins to be the lowest qualified and responsive bidder at 13.8
percent below the engineer's cost estimate. Attached is a letter dated January 3, 2012, from the
project design professional, Hole Montes, Inc., recommending award to DN Higgins. Staff
reviewed the quotation, found it to be fair and reasonable, and also recommends the award. DN
Higgins has a satisfactory performance and warranty record on other similar utility - related
construction projects.
FISCAL IMPACT: Funding is available in and is consistent with the FY12 Capital Budget
approved by the Board on September 22, 2011. The source of funding is the Wastewater User
Fee Fund 414.
Operating costs at the four project sites are not expected to change due to this project, as shown
in Chart 1. Operating costs are not expected to increase because the replacement equipment has
inherently higher reliability and useful life. Further, the additional equipment and components
provides a more efficient use of existing resources based upon the use of remote data
communications and useful life of assets selected.
Chart 1. Forecast — Change in Operating Cost
Elements
FY 2012
FY 2013*
FY 2014*
FY 2015*
FY 2016*
FY 2017
Personnel Costs
$0
$0
$0
$0
$0
$0
Operating and Maintenance
$0
$0
$0
$0
$0
$0
Capital Outlay
$586,159.60
$0
$0
$0
$0
$0
Total Operating Costs
$0
$0
$0
$0
$0
$0
Minus Cost Savings
$0
$0
$0
$0
$0
$0
Minus New Revenues
$0
$0
$0
$0
$0
$0
Net Operating Effect
$0
$0
$0
$0
$0
$0
New Personnel (FTE)
$0
$0
$0
$0
$0
$0
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board consideration. -JBW
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management
Plan standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the
Governing Board of the Collier County Water -Sewer District, approve a work order in the
amount of $586,159.60 to DN Higgins for construction tasks set forth in Request for Quotation
(RFQ) 08- 5011 -58, IQ Water Sites, and authorize the Chairman to sign and execute the work
order.
Prepared by: Aaron Cromer, Principal Project Manager, Public Utilities Planning and Project
Management
Attachments: Engineer of Record Recommendation, Work Order
Packet Page -1335-
2/28/2012 Item 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve a work order in the amount of $586,159.60
to DN Higgins for construction tasks set forth in Request for Quotation 08- 5011 -58, Irrigation
Quality Water Sites.
Meeting Date: 2/28/2012
Prepared By
Name: CromerAaron
Title: Project Manager, Principal,Public Utilities Engineering
12/29/2011 9:50:02 AM
Submitted by
Title: Project Manager, Principal,Public Utilities Engineering
Name: CromerAaron
12/29/20119:50:03 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 1/20/2012 3:35:41 PM
Name: Steve Messner
Title: Plant Manager,Water
Date: 1/20/2012 3:41:15 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 1/24/2012 1:26:22 PM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 1/24/2012 3:22:29 PM
Packet Page -1336-
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 1/25/2012 3:24:15 PM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 1/27/2012 12:29:01 PM
Name: Danette Huff
Title: Manager - Irrigation Quality,Wastewater
Date: 1/27/2012 1:05:09 PM
Name: JohnssenBeth
Date: 1/27/2012 1:37:22 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 2/2/2012 2:40:16 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 2/15/2012 9:10:42 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 2:16:44 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/20/2012 3:54:51 PM
Name: OchsLeo
Title: County Manager
Date: 2/22/2012 11:16:35 AM
Packet Page -1337-
2/28/2012 Item 16.C.3.
2/28/2012 Item 16.C.3.
HOLE'MONTES
ENGINEERS -PLANNERS - SURVEYORS
LARDSCAPE ARCHITECTS
950 Encore Way • Naples, Florida 34110 - Phone. 239.254.2000 - Fax: 239.254.2099
January 3, 2012
Aaron Cromer, Project Manager
Collier County Public Utilities
3339 Tamiami Trail East
Suite 303
Naples FL 34112
RE: EVALUATION OF QUOTATIONS
IQ WATER SITES PRIORITY GROUP 2
HM File No. 2011.027
Dear Aaron,
We have reviewed the five quotes received by the County on December 27, 2011 for the IQ Water Sites
Priority Group 2, County Quote No. 08- 501.1 -58. The five bidders and their quoted price are identified
below as supplied by the County Purchasing Department. The apparent low quote is from D.N. Higgins,
Inc. in the amount of $586,159.60.
Mitchell & Stark Company, Inc.
Kyle Construction
Quality Enterprises
Haskins, Inc.
D.N. Higgins, Inc.
Naples, FL
$866,985.00
Naples, FL
$7031800.00
Naples, FL
$666,909.41
Naples, FL
$661,250.00
Naples, FL
$586,159.60
We note the D.N. Higgins quote is about 13% below the next highest amount, however this firm has
successfully completed other construction projects for Collier County and is on the County's list of
approved utility contractors. Therefore, we recommend award of this construction contract to D.N.
Higgins in the amount of $586,159.60 subject to a final review by the Purchasing Department of the
quotation documents.
Please contact as if there are any questions about this quote evaluation.
Thank you,
HOLE MONTESvINC.
He'Cliffor erIII, P.E.
Director roject Management/Associate
HCP:d 1
C: Frank Feeney, Hole Montes
Mike Roddis, Hole Montes
H:\2011\2011027 \EN\H Construction Bidding & Contract\H2 Bidding\20120103 AC IQ Rater Sites Priority Group 2 Award Recommendation
ltr HCP.doc
Packet Page -1338-
2/28/2012 Item 16.C.3.
WORK ORDER
Agreement for Underground Utility Contract (08 -5011)
Dated: February 12, 2012 (RFQ 08- 5011 -58)
Fixed Term Contract Expires: March 10, 2012
This Work Order is for underground Utility construction services for work known as:
Proiect Name: irrigation Quality Water Sites -- Priority 2 Sites
I'miect No: 70062.2
The work is specified in the Proposal Page (Proposal) dated December 22, 2011 which is attached hereto and made a part of
this Work Order. to accordance with Terms and Conditions of the Agreement referenced above, Work Order ll is
assigned to: Douglas N. Higgins, Inc.
5ccij)_e ofrork: As detailed in the attached Proposal and the following:
* Task 1 - Perform alt Contract War]( described in the Contract Documents, i.e., RFP 08-5011, Agreement 09-5011.
RFC) 08 -501 1 -58. The work comprises piping, electrical and insttltmentation modifications to four separate IQ Water
sites at locations shown on the Contract Drawings.
* Task 11 - Allowance Fund tar Owners Use as Directed
5chedule_0' Woi ^kc 5uhstantial cornpletion within 100 days and Final cornpledon within 125 days from the date of the Notice
to Proceed which will follow this Wort: Order.
Compensation: In accordance with Article Four of the Agreement, the County will compensate the Firm in accordance with
following method(s): ZNegotinted Lump SunY ❑Lump Sum Plus Reimbursable Costs; ❑Tillie & Material (established
howdy rate - Schedule A); Cost Plus Fixed Fee, as provided in the attached Proposal.
'task t
$509,704.00 Lump Sum
'frisk 11
$ 70.455.60 Non - Guaranteed Allowance for Owners Use as Dirreected
TOTAL PIUCE FOR TASK I and Il $586,159.60
PCZkPARED BY:
APPROVED lit'.
Ae ron r c P ject Manag4
-� ' '`�
_
bat %
/ 7 � Jd`a✓
APPROV€ D I :
Tt n ik, I)ireetor, PPMD
Date, /
APPROVED BY:
George Yil az, C ernn A ministrator - PUD
Date -�
Nicole i'arker, I'urchasing
Date
AT rMT:
Dwight E. Brock, Clerk
Deputy Clerk
M -FESC: -
(f'ritti NamtJ t nlej _ _
Approved as to Form and
Legal Sufficiency:
Jcttnifcr ti. �i�hitc
Assistant Comity Attorney
HOARD OF COUN TY COMMISSIONERS
Collier County. Florida
fly:
Fred W. Coyle, Chairman
Douglas N. Higgins, Inc.
Dir t Et A). 14 1bbI �
(Print Nameil'itle) V(C.t.._._ pA (. SIOC
Packet Page -1339-
2/28/2012 Item 16.C.3.
REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT #08 -5011
"Annual Contract for Underground Utilities"
Date: December 1, 2011
From: Nicole Parker, Contract Specialist
239 - 252 -4270, Telephone Number
239 - 252 -6549, Fax Number
nicoleparker(a)-colliergov.net
To: Prospective Vendors
Subject: RFQ #08- 5011 -58
IQ Water Sites — Priority Group 2
As provided in the referenced contract, the Collier County Purchasing Department is soliciting
quotes for the referenced project.
Your response must be received in the Purchasing Department, 3327 E. Tamiami Trail Naples,
Florida 34112 or via email to nicoleparkera( -colliergov.net no later than 2:30 pm on December
22, 2011. Any response received after that time shall not be considered.
All quotations for individual projects shall be in accordance with the terms, conditions, and
specifications stated herein and in accordance with the terms and conditions of Contract #08 -5011 of
which your firm was an awardee. NO OTHER FIRMS ARE ELIGIBLE TO SUBMIT OR RECEIVE AN
AWARD FOR THIS PROJECT.
If you have any questions regarding the specifications or intended scope of work, you must make
those inquiries by 2:30 pm, December 15, 2011. For general questions, you may contact the
Purchasing staff member noted above.
Your quotation response is due no later than the date and time specified above. We will not accept
any quotation responses later than the noted time and date. If your firm is unable to respond
electronically, your quotation must be received in the office of the Purchasing Department at the
above referenced address no later than the time and date specified. No late auotation responses
will be accepted.
We look forward to your participation in this request for information /quotation process
cc: Aaron Cromer, Project Manager
Packet Page -1340-
R FQ_ContractDriven_RevisedSeptem ber2009
1
2/28/2012 Item 16.C.3.
I. General Information
The work comprises piping, electrical and instrumentation modifications to four separate IQ Water
sites at locations shown on the Contract Drawings. All work shall comply with Collier County
Utilities Standards Manual. The work also includes coordination with the Collier County IQ Water
Department to ensure uninterrupted operation of the IQ Water System and to minimize downtime
of the piping system at each IQ Water site. The Contractor shall refer to the entire Contract
Documents for a more complete description of the work.
A mandatory pre -bid meeting is scheduled for December 6, 2011 at 12:00pm at the Purchasing
Conference Room A. This is a mandatory meeting, all quoters must attend. If you do not attend
this meeting your quote will be considered non - responsive.
SCHEDULE: 100 days to Substantial + 25 Days to Final Completion
11. Specifications and Plans
See separate denoted emailed file:
Plans prepared by Hole Montes dated November 2011
Specifications prepared by Hole Montes (187 pages)
Note — Collier County will be supplyina the Fiber Optic cable and connection to each site.
III. Instructions
1. Complete Vendor's name, sign and date on all pages where so indicated. This will
constitute your acceptance of the specifications, terms and conditions as listed. If
taking exception to any part or section of this request for information /quotation, please
indicate such exceptions on a separate sheet entitled "Exceptions."
2. Your quote may not be accepted unless all requested information is furnished.
3. The Collier County Purchasing Department reserves the right to reject any and all
quotes.
4. All quotations for each individual stand -alone project must be made on the quotation
form furnished by the County. No quote will be considered unless the quotation form is
properly signed.
5. All work completed shall be under the terms and conditions of the above referenced
contract.
6. Liquidated Damages
Owner and Contractor recognize that, since time is of the essence for this
agreement, Owner will suffer financial loss if the Work is not substantially completed
within the time specified above. Should Contractor fail to substantially complete the
Work within the number of calendar days for substantial completion established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a
penalty, $401.50 for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the contractor
fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated
damages, but not as a penalty, a sum certain per day, in the amount of $200.75 for
each day after the time set for Final Completion.
7. Performance and payment bonds shall be required if the lowest responsive quote
exceeds $200,000.
RFQ _ContractDriven_RevisedSeptem ber2009
2
Packet Page -1341-
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
RFQ #08- 5011 -58
IQ Water Sites — Priority Group 2
Due Date: December 22, 2011 at 2:30 pm.
NON- QUOTER'S RESPONSE
F. Non-guoter's Response:
2/28/2012 Item 16.C.3.
In the event that you are unable to submit a response for this quote, please return this form to:
Nicole Parker, Contract Specialist, nicoleparker(a)-colliergov.net 3327 Tamiami Trail East,
Naples, FL 34112.
We are not responding to this Request for Information /Quotation for the following reason(s):
Name of Firm:
Representative
Signature:
Packet Page -1342-
R FQ_ContractDriven_Revised Septem ber2009
3
2/28/2012 Item 16.C.3.
CLI
CJ1W'r arty
AdrdN&aM Sermcm Dian
Purchasing
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
RFQ #08- 5011 -58
IQ Water Sites – Priority Group 2
PROPOSALPAGE
DUE DATE: December 22, 2011 at 2:30 pm
The undersigned, as quoter, hereby declares that the firm has examined the specifications and
is informed fully in regard to all terms and conditions pertaining to the project and, if this
Proposal is accepted, to furnish same in full, according to the following:
Item
Estimated
No.
Description
Units
Quantity
Total
1
Perform all Contract Work described in
the Contract Documents.
—
Lump Sum
$
2
Allowance Fund for Owners Use as
Directed. This fund will be used only at
the Owner's direction to accomplish
work due to unforeseen conditions.
Inclusion of the Allowance Fund as part
of the Contract Price is not a guarantee
that the Contractor will be paid any
portion or the full amount of the
15% of amount
Allowance Fund.
bid for Contract
Work
$
TOTAL PRICE FOR ITEMS 1 AND 2 $
RFQ _ContractDriven_RevisedSeptem ber2009
4
Packet Page -1343-
v
2/28/2012 Item 16.C.3.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2011 in the County of , in the state of
Firm's Complete Legal Name
Telephone Number
FAX Number
Email Address
Address
City
State
Zip
Florida Certificate of Authority Document Number (www.sunbiz.org /search /htmi)
Signature
Title
Print Name Date
RFQ_ContractDdven RevisedSeptember2009
5
Packet Page -1344-
2/28/2012 Item 16.C.3.
AGREEMENT 08 -5011
"Annual Contract for Underground Utility Contractinq Services"
THIS AGREEMENT is made and entered into this 11141 day of Al 0, --c L, , 2008, by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "County" or "Owner') and Douglas N. Higgins,
Inc. authorized to do business in the State of Florida, whose business address is 2887 Tamiami Trail
East, Suite 1, Naples, Florida 34112 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing /General Services Director 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 eighty (180) days. The Purchasing /General Services Director, or his designee, shall
give the Contractor written notice of the County's intention to extend the Agreement term not less
than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: _ The Board of County Commissioners deemed five firms to be .pre -
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor -to- medium scale future construction,
renovation and retrofit projects on an as- needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08 -5011 and the Contractor's proposal made an
integral part of this agreement. The execution of this Agreement shall not be a commitment to the
Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
Page -1-
Packet Page -1345-
2/28/2012 Item 16.C.3.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on -call rotation schedule
for emergency underground utility contracting services. The on -call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on -call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having 'no more than
two (2) weeks in a row on -call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Douglas N. Higgins, Inc.
James H. Sweet, Vice President
2887 Tamiami Trail East, Suite 1, Naples, FL 34112
Phone: 239 - 774 -3130
Fax: 239 - 774 -4266
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing /General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239 -252 -8407
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 Service Agreement must be in writing.
6. 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.
Page -2-
Packet Page -1346-
2/28/2012 Item 16.C.3.
7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. 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.
8. 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 Contract 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.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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. Workers' Compensation: Insurance covering ail employees • meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $500,000 for each accident.
Paqe -3-
Packet Page -1347-
2/28/2012 Item 16.C.3.
Special Requirements: Collier County Board of County Commission�,,> zo, a,, uc 15 ,3«U aJ Ulu
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall 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 ContractorNendor /Consultant or anyone
employed or utilized by the ContractorNendor /Consultant 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. BONDS.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
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 in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" 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 "C ".
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2/28/2012 Item 16.C.3.
15.PAYMENTS WITHHELD. Owner may decline to approve any AppliUauv11 JuI r-ayiiic11L, V1
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 Contractor under this Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of: (a) defective Work not remedied; (b) third party claims 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.
16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications
shall be approved in writing by Owner in advance.
17. 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.
18. 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
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2/28/2012 Item 16.C.3.
shall submit an itemized estimate of any cost or time increases or savingti IC IVICJCCJ as a ICJUII
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
A Change Order in the form attached as Exhibit "D" 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.
19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
20. 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 and ready for occupancy by Owner.
21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified, and
that all Work shall be of good quality, free from all defects and in conformance with the Contract
Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after 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 Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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2/28/2012 Item 16.C.3.
23. EMPLOYEES. The Contractor shall employ people to work at the Owner s iacwues wno are neat,
clean, well groomed and courteous.
24. 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 Owner 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 Owner.
25. 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 Owner or Owner'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 Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred
by Owner associated therewith.
26. 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.
27. 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
Completion (substantial or final Certificate of 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.
Page -7-
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2/28/2012 Item 16.C.3.
If Owner considers the Work (or designated portion) substantially compl6«, vvviici 011011 NicNaic
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
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
portion 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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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:
(1) The Release and Affidavit in the form attached as Exhibit "B ".
(2) Consent of Surety (if applicable) to final payment.
(3) 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.
Owner reserves the right to inspect the Work and make an independent determination as to the
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. 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.
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.
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 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
Page -8-
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2/28/2012 Item 16.C.3.
waives and relinquishes any right which it may have to seek charac,«t a�VVU I IW«U
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. -
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, any Quotation/Work Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
31. 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.
32. 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, 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 contract held by the individual and /or firm for cause.
33. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
Contractor to comply with the laws referenced herein shall constitute a breach of this agreement
and the County shall have the discretion to unilaterally terminate this agreement immediately.
34. 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.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -9-
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2/28/2012 Item 16.C.3.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST; r ,
Dwight,E 8 -rock, 'C? rk of Courts
,---) ?� w _ 7,
':31�.
Dated: 2
At e s
Davida w 1k
Type /Print Witness Name
i
Second Witness
�ar�s f�- �weef
Type /Print Witness Name
Approved as to form and
legal sufficiency:
Rebert N. Zee
I
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORI A
By:
Tom Henning, Chairman
Douglas N. Higgins, Inc.
Contractor
By : . uJ
ignature
e I 1A A. Nt k e
y ed Signature
V1ce
Title
Page -10-
Packet Page -1354-
2/28/2012 Item 16.C.3.
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 08 -5011
KNOW ALL ME 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
200_, with Oblige for
day of
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
200_, the name of under - signed representative, pursuant to authority of its governing
body.
Page -11-
Packet Page -1355-
Signed, sealed and delivered
in the presence of:
Witnesses ash Principal JaYWf .Acd--
STATE OF t Gkjj 0 aP
COUNTY OF W0 ia�w
PRINCIPAL:
1 / WIN/�
2/28/2012 Item 16.C.3.
The foregoing instrpment was acknowledged before me this of N 200 , by
as _ Uo(2 --,Q1'StoE-P,t'jf_ of ,
a corporation, on behalf of the corporation. /she is onally
known to me OR has produced as identification and did (did
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary)
Name: R -S 4Z4 nM kktUv*ff
(Legibly Printed)
Notary Public, State of / / / Ck p all
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -12-
Packet Page -1356-
2/28/2012 Item 16.C.3.
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 this day of
200_, 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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page -13-
Packet Page -1357-
2/28/2012 Item 16.C.3.
EXHIBIT A -1
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 08 -5011
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
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
200_, with Oblige for
ourselves, our heirs,
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.
Page -14-
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2/28/2012 Item 16.C.3.
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
200_, 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 esence of
—PA UJI]IaL
(/�'LyiLti.J"
WiKesses as to Principal J -, lMM H WCt
STATE OF l ow
COUNTY OF W 06 h irsoaz•>
PRINCIPAL:
Do411as agpis,�i�_
By:
Name:
Its: i
The forelgoing instrument was acknowledged before me this day of cWG"Z4
200j_, by kJi I , as Q - Fr4?5(dcm-T of / Nl i ihs tic
a MI'a9tagA corporation, on behatif of the c6ftration.
He /She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name: 14xwk ---k
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -15-
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2/28/2012 Item 16.C.3.
ATTEST: SURETY:
Witness as to Surety
Witnesses
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, 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:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page -16-
Packet Page -1360-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
2/28/2012 Item 16.C.3.
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 $
paid, ( "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 ,
200_ for the period from to
(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, have been fully satisfied and paid.
(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:
ITS: President
DATE:
Witnesses
STATE OF _
COUNTY OF
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
,200 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:
NAME:
(Signature of Notary)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
Page -17-
Packet Page -1361-
2128/2012 Item 16.C.3.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 08 -5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the
(Contractor's Address) Date:
RE: (Project Name)
Original Contract Time:
Revised Contract Time:
Percent Work completed to Date:
Percent Contract Time completed
to Date
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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:
Page -18-
Packet Page -1362-
(Signature) DATE: _
(Type Name and Title)
2/28/2012 Item 16.C.3.
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 08 -5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated 200_
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now { ) calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted: 200
CONTRACTOR: OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
9
DESIGN PROFESSIONAL:
By:
Page -19-
Packet Page -1363-
Aaonb CERTIFICATE OF LIABILITY INSURANCE 2128/2012 Item 16.C.3.
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hylant Group - Ann Arbor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
D J4100 A LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Frank Lloyd vwx g h
t r
.n Arbor MI 48105
Phone: 734-741-0044 Fax:734 -741 -1850
Douglas N. Higgins, Inc.
3390 Travis Poa.nte, Suite A
Ann Arbor MI 48108
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: American casualty Company 020427
INSURERS: Transportation Ins. Co. 020494
INSURER C: Continental Casualty Company 020443
INSURER D: Greenwich Insurance CO.
INSURER E: Valley Forge Ins. Co. 020508
COVERAUt5
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
A
NSR
X I
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F7X OCCUR
• Includes XCU
POLICY NUMBER
C161922047
DATE MMIDDIYY
12/10/07
PDATE uwn 1
12/10/08
LIMITS
EACH OCCURRENCE
$1,000,000
IJAMAUE
PREMISES (Ea occurence)
$200,000
MED EXP (Any one person)
$ 15,000
PERSONAL & ADV INJURY
$1.,000,000
GENERAL AGGREGATE
s2,00 000
•
Contractual Liab
PRODUCTS - COMP /OP AGG
$ 2,000,000._
GENT AGGREGATE LIMIT APPLIES PER:
POLICY X PRO JECT 7 LOC
E
AUTOMOBILE
X
LIABILITY
ANY AUTO
C161922033
12/10/07
12/10/08
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
ALL OWNED AUTOS
BODILY INJURY
(Per person)
$
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per accident)
$
X
X
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
I
R ANY AUTO
$
B
EXCESSIUMBRELLA LIABILITY
X OCCUR CLAIMSMADE
C161922050
12/10/07
12/10/08
EACH OCCURRENCE
$10,000,000
AGGREGATE
$ 10,000,000
$
$
DEDUCTIBLE
$
X RETENTION $10,000
C
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
WC161922016
12/10/07
12/10/ENT
ER
$ 500,000
A EMPLOYEE
$ 500 , 000
7ACCIDENT
OLICY LIMIT
S 1 , 000 , 000
It yes, describe under
SPECIAL PROVISIONS below
OTHER
D
Professional and
Pollution Liab
PECO025095
01/03/08
01/03/2,000,000
25,000 ded
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
re: Contract #08 -5011; Annual Contract for Underground Utility Contracting
Services. Additional Insured: Collier County Board of County Commissioners
CERTIFICATE HOLDER
COLCO02
Collier County Board of
County Commissioners
3301 Tamiami Trail East
Naples FL 34412
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001108)
Packet Page -1364-
1988
2/28/2012 Item 16.C.3.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Packet Page -1365-
2/28/2012 Item 16.C.3.
'er county
,4 ni �ve Services Wsian
vurchasinq
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
RFQ #08- 5011 -58
IQ Water Sites - Priority Group 2
PROPOSALPAGE
DUE DATE: December 22, 2011 at 2:30 pm
The undersigned, as quoter, hereby declares that the firm has examined the specifications and
is informed fully in regard to all terms and conditions pertaining to the project and, if this
Proposal is accepted, to furnish same in full, according to the following:
Item
No.
Description
Units
Estimated
Quantity
Total
1
Perform all Contract Work described in
the Contract Documents.
—
Lump Sum
$ -5-0,-1 70 oo
2
Allowance Fund for Owners Use as
Directed. This fund will be used only at
the Owner's direction to accomplish
work due to unforeseen conditions.
Inclusion of the Allowance Fund as part
of the Contract Price is not a guarantee
that the Contractor will be paid any
portion or the full amount of the
15% of amount
Allowance Fund.
bid for Contract
Work
t
$ 4 C?
TOTAL PRICE FOR ITEMS 1 AND 2 $ J IJ (�0
RF Q_ContractDrive n_Revised Septem ber2009
4
Packet Page -1366-
2/28/2012 Item 16.C.3.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
December 2011 in the County of Collier
in the state of Florida
Douglas N. Higgins, Inc.
Firm's Complete Legal Name
239 - 774 -3130
Telephone Number
239 - 774 -4266
FAX Number
Brandyb @dnhiggins.Com
Email Address
4485 Enterprise Ave.
Address
Naples
City
Florida
State
34104
Zip
830666
ificate of Authan
BecuLnent Number (m".sunbiz.org/searchrhtml)
Signature
Regional Manager
Title
Brandy Bartolone
Print Name
nnta
RFQ_Contra ctDriven_RevisedSeptember2009
5
Packet Page -1367-