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Agenda 05/28/2019 Item #16F 4 (ITB #19-7536 w/Stahlman-England Irrigation, Inc.)
05/28/2019 EXECUTIVE SUMMARY Recommendation to award a Construction Agreement for Invitation to Bid No. 19-7536 for the Pelican Bay U.S. 41 Berm Landscape Restoration to Stahlman-England Irrigation, Inc., in the amount of $477,000 and authorize the Chairman to execute the attached agreement. OBJECTIVE: To restore landscape damaged by Hurricane Irma on the Pelican Bay U.S. 41 berm. CONSIDERATIONS: The Community of Pelican Bay is a dependent Municipal Services Taxing and Benefit Unit district within Collier County and oversees the operations of the Pelican Bay Services Division (“PBSD”) as per Collier County Ordinance No. 2002-27, as amended, to provide quality street lighting, water management, and streetscape beautification services exclusively to the residents of Pelican Bay. As part of the PBSD’s streetscape beautification and services it maintains the Pelican Bay U.S. 41 Berm from Pelican Bay Blvd South to Pelican Bay Blvd North. On January 24, 2019, Procurement Services Division released Invitation to Bid No. 19-7536 for construction of the Pelican Bay U.S. 41 Berm Landscape Restoration project. The County sent notices to 16,896 prospective vendors and interested contractors downloaded eighty-seven (87) bid packages. The County received four bids by the February 26, 2019 deadline, as follows: Company Name City County Bid Amount Responsive/Responsible Stahlman- England Irrigation, Inc. Naples Collier $477,000.00 Yes/Yes Hannula Landscaping and Irrigation, Inc. Fort Myers Lee $484,496.15 Yes/Yes Arazoza Brothers Corp. Homestead Broward $559,855.00 Yes/Yes Heritage Utilities, LLC Naples Collier $315,527.00 No/No Staff reviewed the bids received and determined that the apparent low bidder, Heritage Utilities, LLC was non-responsive for failing to hold the required licenses. Staff recommends that Invitation to Bid No. 19 - 7536 be awarded to Stahlman-England Irrigation, Inc., as the lowest responsible and responsive bidder for a total contract amount of $477,000. Stahlman-England Irrigation, Inc. was contacted, and they have agreed to honor their bid pricing. FISCAL IMPACT: Sufficient funds are available in the Hurricane Irma Project 50154, Pelican Bay Services Division Capital Fund 322. GROWTH MANAGEMENT IMPACT: N/A LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award Invitation to Bid No. 19-7536 award Invitation to Bid No. 19-7536 for the Pelican Bay U.S. 41 Berm Landscape Restoration to Stahlman-England Irrigation, Inc. in the amount of $477,000 and authorize the Chairman to execute the attached agreement. 16.F.4 Packet Pg. 1189 05/28/2019 Prepared by: Lisa Jacob, Interim Operations Manager, Pelican Bay Services Division ATTACHMENT(S) 1. 19-7536 DELORA (PDF) 2. 19-7536 NORA (PDF) 3. 19-7536 Solicitation (PDF) 4. 19-7536 Stahlman-England_Insurance_5-7-19 (PDF) 5. 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (PDF) 16.F.4 Packet Pg. 1190 05/28/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.4 Doc ID: 8815 Item Summary: Recommendation to award Invitation to Bid (ITB) No. 19-7536 for the Pelican Bay U.S. 41 Berm Landscape Restoration to Stahlman-England Irrigation, Inc. in the amount of $477,000 and authorize the Chairman to execute the attached agreement. Meeting Date: 05/28/2019 Prepared by: Title: Project Manager, Associate – Pelican Bay Services Name: Lisa Jacob 05/09/2019 4:24 PM Submitted by: Title: Project Manager, Associate – Pelican Bay Services Name: Lisa Jacob 05/09/2019 4:24 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 05/10/2019 10:41 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/13/2019 9:03 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 05/13/2019 12:00 PM Procurement Services Ted Coyman Additional Reviewer Completed 05/17/2019 9:47 AM Procurement Services Swainson Hall Additional Reviewer Completed 05/17/2019 9:57 AM County Manager's Office Sean Callahan Executive Director - Corp Bus Ops Completed 05/20/2019 2:57 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/20/2019 3:57 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/20/2019 4:41 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/21/2019 9:02 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2019 10:27 AM Grants Therese Stanley Additional Reviewer Completed 05/21/2019 3:38 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 3:53 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM 16.F.4 Packet Pg. 1191 GOETZ+STROPES ELLIN GOETZ LANDSCAPE ARCHITECTS INC. FELLOW, AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS 1020 8TH AVENUE SOUTH #6 NAPLES FLORIDA 34102 T 239.643.0077 GOETZLAND@AOL.COM EGOETZ@GSNAPLES.COM LA#1152 LC#26000378 WWW.GSNAPLES.COM April 2, 2019 TO: LISA JACOBS FROM: ELLIN GOETZ RE: SOLICITATION 19-7356 STAHLMAN BID FOR PB BERM I have reviewed the references provided for StahlmanEngland for the Berm Restoration project and they appear to be favorable showing capability for doing the work in the contract. They do have the required landscape license but do not list a landscape sub-contractor. Their itemized bid does have two areas of concern: • Unit pricing for Pine Needle Mulch extremely low at $11 per yard • Plant Removals pricing of $1,320 is substantially lower than other 3 bidders I recommend you verify with them through the appropriate channels their understanding the extent of removals on the project. I recommend approval of StahlmanEngland for the project, with their understanding of the scope of the above two items. Thank you. 16.F.4.a Packet Pg. 1192 Attachment: 19-7536 DELORA (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 16.F.4.b Packet Pg. 1193 Attachment: 19-7536 NORA (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONSTRUCTION INVITATION TO BID FOR PELICAN BAY U.S. 41 BERM LANDSCAPE RESTORATION SOLICITATION NO.: 19-7536 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.lopez@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.F.4.c Packet Pg. 1194 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) INVITATION TO BID - COUNTY BID NO. 19-7536 Pelican Bay U.S. 41 Berm Landscape Restoration Sealed bids for the construction of Pelican Bay U.S. 41 Berm Landscape Restoration will be received electronically until 3:00 P.M. LOCAL TIME, on the 26th day of February 2019 on the County’s on-line bidding system: https://www.bidsync.com/bidsync-cas/. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $400,000. A non-mandatory pre-bid conference shall be held at the 801 Laurel Oak Drive, Ste 302, Naples, Florida, at 10:00 a.m. LOCAL TIME on the 12th day of February 2019, 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 February 26, 2019 @ 3:00. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment 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 recor d and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, th e Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within 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 twenty (120) calendar days, with an additional sixty (60) 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 thousand two hundred and forty one dollars ($1,241) for each calendar day thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 am a.m. to 7:00 pm 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 no t extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 16.F.4.c Packet Pg. 1195 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 1 - BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pelican Bay U.S. 41 Berm Landscape Restoration BID NO. 19-7536 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 equip ment 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. 16.F.4.c Packet Pg. 1196 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 2 - CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT Pelican Bay U.S. 41 Berm Landscape Restoration Bid No. 19-7536 Name Personnel Category Construction Superintendent Project Manager 16.F.4.c Packet Pg. 1197 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 3 - MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL 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 ________ 16.F.4.c Packet Pg. 1198 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 4 - LIST OF MAJOR SUBCONTRACTORS THIS LIST 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: _________ 16.F.4.c Packet Pg. 1199 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 2. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 3. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project start/completion dates) (contract value) (phone) (email) 16.F.4.c Packet Pg. 1200 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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) 6. _______________________________________ ____________________________________________ (project name) (project owner) _______________________________________ ____________________________________________ (project location) (Owner’s address) _______________________________________ _________________________ __________________ (project description) (Owner’s contact person) (title) ________________________ $_____________ _________________ _________________________ (project completion date) (contract value) (phone) (email) Company: ___________________________________________________________________ Signature: __________________________________________________ Date: _________ 16.F.4.c Packet Pg. 1201 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 6 - TRENCH SAFETY ACT 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 $ Failure to complete the above may result in the Bid being declared non-responsive. Company: __________________________________________________________________________ Signature: __________________________________________________ Date: ________________ 16.F.4.c Packet Pg. 1202 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 7 - BID BOND 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 Suret y 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. 19-7536. 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 su m 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 ________________, 2019. Principal BY (Seal) Surety (Seal) Countersigned Appointed Producing Agent for 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 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 Suc cessful 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 twenty (120) 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 one hundred and eighty (180) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. 16.F.4.c Packet Pg. 1203 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) Respectfully Submitted: State of County of , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. __________________________________________________, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of _______________, which operates under the legal name of ______________________________________________, and the full names of its officers are as follows: President Secretary Treasurer Manager The __________________________________ is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken _____________________________, a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is ________________________________, and if operating under a trade name, said trade name is ________________________. Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED Legal Entity BY: Witness Name of Bidder (Typed) Witness Signature Title 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 16.F.4.c Packet Pg. 1204 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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 EXHIBIT B of this solicitation. The Vendor shall procure and maintain prope rty 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, exce pt 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 th em 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 EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16.F.4.c Packet Pg. 1205 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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. 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 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 16.F.4.c Packet Pg. 1206 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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. 12/17/18 - CC ___________________________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ 16.F.4.c Packet Pg. 1207 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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. Firm: ____________________________________________________________________________ Signature and Date:_________________________________________________________________ Print Name: _______________________________________________________________________ Title of Signatory: __________________________________________________________________ 16.F.4.c Packet Pg. 1208 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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 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: Signature by: (Typed and written) Title: 16.F.4.c Packet Pg. 1209 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: 16.F.4.c Packet Pg. 1210 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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 enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor’s proposal as 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)) 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. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Commission No.: 16.F.4.c Packet Pg. 1211 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 12 - VENDOR SUBSTITUTE W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ Email_____________________ Order Information (Must be filled out) Address ___________________________________ Remit / Payment Information (Must be filled out) Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ Email ____________________________________ Email ____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date ______________________________ Title _______________________________________________________________ Phone Number ________________________ 16.F.4.c Packet Pg. 1212 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) FORM 13 - BIDDERS CHECKLIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. 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 in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: 1. Bid Form (Form 1) 2. Contractors Key Personnel (Form 2) 3. Material Manufacturers (Form 3) 4. List of Major Subcontractors (Form 4) 5. Statement of Experience (Form 5) 6. Trench Safety Act (Form 6) 7. Bid Bond Form (Form 7) 8. Insurance and Bonding Requirements (Form 8) 9. Conflict of Interest Affidavit (Form 9) 10. Vendor Declaration Statement (Form 10) 11. Immigration Law Affidavit Certification (Form 11) 12. Vendor Substitute W-9 (Form 12) 13. Bidders Checklist (Form 13 – this form) 14. Business tax Receipt (Collier County Businesses Only) 15. Signed Grants Provisions Package (if applicable 9. Copies of required information have been attached 1. Company’s E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses – valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 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. Bidder Name Signature & Title Date 16.F.4.c Packet Pg. 1213 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-1: PUBLIC PAYMENT BOND Pelican Bay U.S. 41 Berm Landscape Restoration Bond No. Contract No. 19-7536 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 _______________ 2019, 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 ______________ 2019, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 16.F.4.c Packet Pg. 1214 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _____day of ___________ 20___, by ____________________________, as __________________________ of _________________________________, a ___________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced_____________ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 16.F.4.c Packet Pg. 1215 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 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 ___________________, 2019, by _______________________________________, as ___________________________ of ____________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _______________________________________ as identification an d who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.4.c Packet Pg. 1216 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) ***FOR REVIEW ONLY – NOT REQUIRED UNTIL AWARD IS MADE – PLEASE SEE CONSTRUCTION AGREEMENT*** EXHIBIT B-2: PUBLIC PERFORMANCE BOND Pelican Bay U.S. 41 Berm Landscape Restoration Bond No. Contract No. 19-7536 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 o r to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 16.F.4.c Packet Pg. 1217 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _______________, 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by ___________________________________________, as _____________________________ of _________________________________, a ______________________ corporation, on behalf of the corporation. He/she is personally known to me OR has produced __________________________ ______________________ as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.4.c Packet Pg. 1218 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ______________, 20 , by _________________________, as ___________________ of _____________________________, a __________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced _____________________________ as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16.F.4.c Packet Pg. 1219 Attachment: 19-7536 Solicitation (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) DATE (MM/DD/YYYY) 5/3/2019 ACCPREP CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 12660 World Plaza Lane Bldg 73 Fort Myers FL 33907 CONTACT NAME : Janet Johnson, CIC PHONE (A/C. No. Ext): 239-418-2111 E-MAIL j anetjohnson@ajg.com anet johnson@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: FCCI Insurance Company 10178 FAX (A/C. No): 239-936-8288 INSURER B: INSURED STAHL-2 Stahlman England Irrigation, Inc. Inc., C/O Joanne Stahlman 2063 Trade Center Way Naples FL 34109 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2028551712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP IMM/DO/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL0016244-06 1/1/2019 1/1/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (Ea RENTED occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES 128-i: PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A X y X AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — X SCHEDULED AUTOS NON -OWNED AUTOS ONLY CA100009450 -03 1/1/2019 1/1/2020 FaMaBccIfsildEenDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE UMB10002076702 1/1/2019 1/1/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ in nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y * N / A 001 -WC19A-71621 1/1/2019 ER 1/1/2020 X PER STATUTE OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Inland Marine-Equipment Leased-Rented Equipment Scheduled Equipment CM0007935-06 1/1/2019 1/1/2020 Limit Deductible Schedule on File 250,000 1,000 209,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation applies employees in State of Florida RE: Project: Pelican Bay U.S. 41 Berm Landscape Restoration Solicitation NO: 19-7536 Collier County Board of County Government is named as Additional Insured with respects to General Liability on a primary and non -contributory basis. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e.-.1" © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 16.F.4.d Packet Pg. 1220 Attachment: 19-7536 Stahlman-England_Insurance_5-7-19 (8815 : Recommendation to award Invitation to Bid (ITB) No. 19-7536) 16.F.4.ePacket Pg. 1221Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1222Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1223Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1224Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1225Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1226Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- TWO I E .S Aga,. dousent...- FIRST T \iffOn i CO 1)e-'i I oirCi Print N me SECOND WITNESS L:( IC7L„ Print Name IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: Stahlman-Englan. Im. -tion, j By: 511.111ma.n 5103117 Pint Namemd Title Date V. S °CAA Date: 05 /03117 ATTEST: OWNER: Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA BY: BY: William L. McDaniel Jr. Date Chairman Approved as to Form and Legality: Assistant County Attorney Print Name 7 Construction Services Agreement: Revised 072118 16.F.4.e Packet Pg. 1227 Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1228Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1229Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1230Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1231Attachment: 19-7536 StahmanEngland_Contract_VendorSigned-with Bonds (8815 : Recommendation to award Invitation to Bid (ITB) No. 19- 16.F.4.ePacket Pg. 1232Attachment: 19-7536 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