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Item C46Meeting Date: January_ 21, 2015 Division: Public Works/Engineering Bulk Item: Yes x No — Department: Engineerin,( Y,/Roads Staff Contact Person/Phone #.-Kevin G. Wilson/797-1547 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Douglas N. Higgins, Inc. in the amount of $467,000.00 for Drainage Improvements Project on Grouper Lane, Key Largo. ITEM BACKGROUND. At the bid opening held December 4, 2014, Douglas N. Higgins, Inc. was the lone bidder at $467,000.00. Upon review by staff and TY Lin International recommend award to Douglas N. Higgins, Inc. PREVIOUS RELEVANT BOCC ACTION: On 10/16/13, the BOCC approved a Task Order with TY Lin International for engineering services and on 09/11/2014, the FY2015 Roads & Bridges budget was adopted which included funding for this drainage improvement project. CONTRACT/AGREEMENT CHANGES: n/ga STAFF RECOMMENDATIONS: Approval. TOTAL COST: $467,000.00 INDIRECT COST: BUDGETED: Yes X No REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Attmf OMB/Purchasing Risk Management�� Included Not Required 101-6.3 [00111910 Revised 7/09 AGENDA ITEM # BUDGET AND FINANCE PURCHASING DEPARTMENT TABULATION SHEET OPEN DATE: DECEMBER 4, 2014 AT 3:00 PM, TITLE: GROUPER LANE, KEY LARGO DRAINAGE IMPROVEMENTS CONST. PROD. RESPONDENTS BOND PROPOSAL AMOUNT DOUGLAS N. HIGGINS 5% $467,000.00 Bid Committee Present: Christina Brickell/OMB Members of the Public Present: Robin Lucas/Douglas N Higgins I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified. Bid Opened By: Christina Brickell-OMB Contract with: Do uglas Higgins, Inc., Contract 4 Effective Date: Expiration Date: I Contract Purpose/Description: Drainage Improvements Project on GToLiper Lane, Key Largo Contract Manager: D. Pierce/Judy Clarke 4560 Public Works/Eng. #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on January 21, 2015 Agenda Deadline: January 6 2015 "I I I It"M Total Dollar Value of Contract: $467,000.00 Current Year Portion: $ same Budgeted? YesZ NoE] Account Code: 102-22506-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: /yr. For: (Not inclu&d. in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc. Changes Date Out ate Jri Needed[ Reviewer I I Division Director 1q Yeses N.[9" \X , Risk Management I Yes o Noa 6M.B /Purchasing F-T County Attorney Yes[-1NoX1 6 Comments. Drainage Improvements Project Grouper Lane, Key Largo Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 21st day of January in the year of Two Thousand and Fifteen. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Douglas N. Higgins, Inc. 3390 Travis Pointe Rd., Suite A Ann Arbor, Michigan 48108 ("Contractor") For the following Project: Drainage Improvements Project Grouper Lane, Key Largo Monroe County, Florida ("Project") Oversight for Owner: Monroe County Public Works Department 1100 Simonton Street, Rm 231 Key West, Florida 33040 Engineer: Ty Lin International 201 Alhambra Circle Suite 900 Coral Gables, Florida 33134 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Drainage Improvements Project Grouper Lane, Key Largo Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Drainage Improvements Project -Grouper Lane, Key Largo. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 180 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31st DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS T14EREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY 78/14 STANDARD FORM OF AGREFI ENr BE1'WffiV OWNEP AND CONTRACTOR 00500-2 Drainage Improvements Project Grouper Lane, Key Largo $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank Irk Drainage Improvements Project Grouper Lane, Key Largo ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for Drainage Improvements Project — Grouper Lane, Key Largo the Contract Sum of Four Hundred Sixty -Seven Thousand DOLLARS, ($467,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the Drainage Improvements Project Grouper Lane, Key Largo allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 Drainage Improvements Project Grouper Lane, Key Largo 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue I 07.11 U 01 t•' • • •" •• I• •• • ID.' • ' • •' 11 11 . Drainage Improvements Project Grouper Lane, KeyLargo argo shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the Drainage Improvements Project Grouper Lane, Key Largo basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (1) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. Drainage Improvements Project Grouper Lane, Key Largo (2) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. m) Non -Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) Non -Reliance by Non -Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. • "•' • f" •• I• i �!• • �I' • •' 11 11 Drainage Improvements Project Grouper Lane, Key Largo q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. • • ' • '•' • • •I' •• I• •• • hI' • • ' • •' 11 11 1 Drainage Improvements Project Grouper Lane, Key Largo w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. z) Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability WC2 WCUSLH WCJA GL2 Limits Statutory Limits $ 500,000/$ 500,000/$ 500,000 Same as Employers Liability Same as Employers Liability $300,000 per Person; $500,000 per Occurrence; $200,000 Property Damage or - $500,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) VL2 $200,000 per Person; $300,000 per Occurrence; $200,000 Property Damage or $300,000 Combined Single Limit The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. • • •• • • , r• �• i• •• • i•• . • • • �� :: Drainage Improvements Project Grouper Lane, Key Largo All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA) -The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Drainage Improvements Project Grouper Lane, Key Largo ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated July, 2014 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Ty Lin International Drainage Improvements, sheets 1-14, signed and sealed June 4, 2014. 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. See Article 1. Balance of Page Intentionally Left Blank Drainage linpiuven-icnEs Pry jeCL QnMEJAE �Krl I LAT9Q) IN WITNESS W1,1EREOF dae parties hereto have exeouted this Agreement on the day and date fir,qt, written above in four (4) counteaTparts, each of which shall, without roof or aecounting lor the other coumcrparts-, be deemed an originai contract. (5 E- A L) BOARD OF COUNTY CONMUSSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor Date (SEAL) By: f r CONTRACTOR ,PV( pi�'� 01 FORM. E* �116 IT JIF10""l- RNeY ) f � �AND CONTRAC14 Drainage Improvements Project Grouper Lane, Key Largo BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT 1100 SIMONTON STREET, ROOM 2-213 KEY WEST, FLORIDA 33040 BID FROM:lS 3q0 A n t 6')"r l l os The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Bid Documents for the construction of. Drainage Improvements Proiect — Grouper Lane, Key Largo Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance With said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. f" Ot r RtAwb`cl 'S i S.i2,.i-A✓\. -I kngh%R,.d_.-- Dollars. (Total Base Bid - words) 97, Do 0 °- (Total Base Bid- numbers) (Total Alternate Bid - words) 7/3/14 BID PROPOSAL 00110-3 Drainage Improvements Project Grouper Lane, Key Largo (Total Alternate Bid- numbers) 13 P-q-1q Date I acknowledge receipt of Addenda. No. (s) ,. . I have included the Bid Proposal which entails the Pro osal Form , the Non -Collusion f�davit_ `_ , the I�o,,bbying and Conflict of lntcrc st Classe., Elie Drug -.Free Workslace For the laid Bond VV the I3ildef's Insurance Statement ) , Local Prefer rice born , Public Emit Crime Statement Also include a copy of valid licenses i Additional Information. (The above is intended as a courtesy review checklist of the required bid items. However, it does not imply that these are the only items needed. There may be additional requirements not listed here that are listed in other sections of the Project Manual. It is the Contactors responsibility to provide all required bid items.) Mailing Address:-rn1? ` s 3q� rav S t i r\Ve— ' Phone Number: �(D_J,,,, Date: '.... _. Signed;�� _ _.... (Name) , (Title) Witness:... (Seal) 7/3/14 BID PROPOSAL 00110-4 —0 7j O U O to Y r Monroe County (Base) Bid Form Grogsr Lane, Key Largo ProJecr: Drainuge lmprovenlents-Grouper Lune, ICey Largo I. curaaeaa: Monroe County, Floridan, ` `••�� i�uratr��acrr: �QIiCIiUS tit . H'`i5 11S 1 y 1� , No, rlty, V"IN Desrrintinn %l'rinen Price I I.Init Prire I,inq Tnlal Price I io1-1 I LS M+ hili mine Fourty Two Thousand, Three Hundred Dollars 142 300.00 142,300,00 I 102-1 I LS MainrenanceofTrafuc Seven Thousand Dollars 7 QQ0 17Q0.00 I W 14 1 [ LS Cl—ine. and Cirubbina Six Thousand Dollars 6 0QQ=00 6,000.00 120-77 285-711 327-70-6 5@ 833 1.738 Cf 1 SY '? SY 'Gravel Fill for wale resronli<x 221i..9 Pace Croup 11 0j—.--k LI918 100, S' min_ f-bench resto,m;-1 ,Million tF.XA n— As halt Pa,mrncnt N 5" Avcmecl Qrae Hta dZed TWen Twenty Seven Dollars _ 'fif D{1llaTc 12Q.QQ 27-00 Q 6,000QQ 23,031.00 15 579.00 I 334-1-13 337-7-73 159 95 3'3 1 TN _ TN Supelpa,e Asphaltic Concrete, Traci ie C (1 101bsrsy-in., OS' ave- min, encludes roadweg• �ovcrbuild) As e hall Concrete Friction Course. Traffic C- VC-95. PG 16-22, ARA �ne I Iundred &Ninety Dollars ITwo Hundred & FiL Dollars 190.00 250,00 35,910.00 23.750.00 425-5 ! 425-6 S 5 EA f EA AlanholeAdinst VA—Adiusr Five Hundred Dollars 1.500.00 400.00 f2000.00 425-1.523 11 425-7-72 443-70-3 11 5 342 CA EA LF W.I.. DT RCJr_ Tyne C <Itr ManholeTvru A> 10• Fren h Drain- 18" HDPE Four Thousand. Five Hundred Dollars Six Thousand, Two Hundred Dollars 'rwo Hundred & Five Dollars - 6,200.00 Q _0Q d9 S(1 LU 131,000.00 , 443-70-•1 43LI' 75-11 saa 69 LF LF French DrainI I - 24' DPE ''.. Pipe Cutvcm O rional Material Round I a• S/CD Two Hundred & Twenty Dollars One Hundred & Fourty Dollars 0 o 140.00 _ 7 .36 0. 12 460-00 „_,•••-•u. 1 1 LF %pnine and navernent mmkiuu. us perdctail Nine Thousand Dollars 9 000-00 _ 9 OOo-00 p 1 i l a � s , I Contractor's Sigrtaturc: '-L' 6.1 • �" — ® _ S467,000.00 UNIT PRICE TOTAL 101-1 1 LS MOBILIZATION $ 42,300.00 $ 42,300.00 102-1 1 LS MOT $ 7,000.00 $ 7,000.00 110-1-1 1 LS CLEARING & GRUBBING $ 6,000.00 $ 6,000.00 120-72 50 CY GRAVEL FILL FOR SWALE RESTORATION $ 120.00 $ 6,000.00 285-711 853 SY OPTIONAL BASE GROUP 11 (LBR 100, 8" MIN) $ 27.00 $ 23,031.00 327-70-6 1731 SY MILLING EXISTING ASPHALT (1.5" AVERAGE) $ 9.00 $ 15,579.00 334-1-13 189 TN SUPERPAVE ASPHALT 110LBS/SY-IN, .5" MIN INCLUDES OVERBUILD $ 190.00 $ 35,910.00 337-7-73 95 TN ASPHALT CONCRETE FRICTION COURSE, FC-9.5 $ 250.00 $ 23,750.00 425-5 8 EA MANHOLE ADJUSTS $ 500.00 $ 4,000.00 425-6 5 EA VALVE ADJUST $ 400.00 $ 2,000.00 425-1-523 11 EA INLETS DT BOT, TYPE C <10' $ 4,500.00 $ 49,500.00 425-2-72 5 EA MANHOLE TYPE J7>10' $ 6,200.00 $ 31,000.00 443-70-3 342 LF FRENCH DRAIN 18" HDPE $ 205.00 $ 70,110.00 443-70-4 588 LF FRENCH DRAIN, 24" HDPE $ 220.00 $ 129,360.00 430-175-118 89 LF PIPE CULVERT, OPTIONAL MATERIAL ROUND 18" S/CD $ 140.00 $ 12,460.00 1 LS SIGNING & PAVEMENT MARKING PRE DETAIL $ 9,000.00 $ 9,000.00 Total Bid $ 467,000.00 Drainage Improvements Project Grouper Lane, Key Largo NON -COLLUSION AFFIDAVIT Aof the city of _ _ _ _ according to law on my oath, and under penalty of perjury, depose and say that; 1 y 1. lam y 1 C 2 �t t 4 d e (�-1 of the firm of the bidder making the Proposal for the project dscrib d in the notic r calling for bids for: Drainage Improvements Project - Grouper Lane, Key Largo Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Sig tune of Bidder) (Date) STATE OF: COUNTY OF: W aak PERSONALLY APPEARED BEFORE ME, the undersigned authority, Wign, (neday oP )o g+ y, ed hrhe space provided above on this nasnc o1 individual signing) who after first being sworn b me affixed 2014. NOTARY PU13L My commission expires: d— 7/3/14 00110-6 Drainage Improvements Project Grouper Lane, Key Largo LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA (Company) "... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". - J, - (Si ainr (Date) STATE OF ___ 1 \ �w COUNTY OF - ' PERSONALLY APPEARED BEFORE ME, the undersigned authority, ,�� who, after first being sworn by me, affixed hi Ler Signature ' in the space provided (Na e of dividual signing) Above on this day of 2014, NOTARY PUBLIC COUNTY OF i My Commission Expires January 10, 2020 7/3/14 BID PROPOSAL 00110-7 Drainage Improvements Project Grouper Lane, Key Largo DRUG -FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complics fully with the above requirements. Bidd's Sig ure Date 7/3/14 BID PROPOSAL 00110-8 Drainage Improvements Project Grouper Lane, Key Largo LOCAL PREFERENCE FORM 01 A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. F Name of tlic(ciarlesptnlarcl 3AC Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? _ (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe Telephone Numbsra B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel. Number Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF' On this day of , p 20 , before me, the undersigned notary public, personally appeared own to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal 7/3/14 BID PROPOSAL 00110-11 Drainage Improvements Project Grouper Lane, Key Largo PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Sign turc) (Date) STATE OF: M I LN 1(,A'J COUNTY OF: WAsH I % A \/ Subscribed and sworn to or affirmed before me on the "Ifi) da of L ___, 20A , by 2� I A. I I K l (name of affiant). He She is personally known to me or has produced (type of identification) as identification. My Commission Expires: O ►/r Sri ,� ., �, ✓ � NOTARY PUBLIC SANDRA K GARRISON NOTARY PUBLIC - STATE OF MICHIC OF SECTION 00110 COUNTY OF WASHTENAW My Commission Expires January 10, 2020 7/3/14 BID PROPOSAL 00110-i2 Drainage Improvements Project Grouper Lane, Keay Largo Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Re auirement Limits Worker's Comipensation Statutory Limits Employer's Li ability WC2 $500,000/$500,000/$500,000 WCUSLH Same as Employers Liability WCJA Same as Employers Liability General Liabillity GL2 $300,000 per Person; $500,000 per Occurrence; $200,000 Property Damage or $500,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liab ility VL2 $200,000 per Person; $300,000 per Occurrence; $200,000 Property Damage or $300,000 Combined Single Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. y Date Lq-f MIX- amc o rsirltns igslature 7/3/14 BID PROPOSAL 00110-10 Drainage Improvements Project Grouper Lane, Key Largo INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES p Liability policies are Occurrence Claims Made -i— 6 Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder 7/3/14 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6 cmuu I Kmb rum I r mumu wyoo m i mrnla[ mc. SUITE A NAPLES, FL 34104 ANN ARBOR, MI 48108 (239) 774-3130 December 4., 2014 (734) 996-9500 FAX: (239) 774-4266 FAX: (734) 996-8480 Monroe County Board of County Commissioners 1100 Simornton Street Key West, ]FL 33040 Re: Draiinage Improvements Project— Grouper Lane, Key Largo To Whom I1t May Concern: Douglas N. Higgins, Inc. is Michigan Corporation submitting a bid for the above project. We are supl)lying the information requested in Section E (Prime Bidder's Qualifications) of the abovEe Bid Package. Douglas N. Higgins is 100% Owner and stockholder of Douglas N. Higgins, Inc. Douglas N. Higgins is the President, Kelly A. Wilkie the Treasurer, Tamara Ludwig, Sandra Garrison, David Wilkie and Kelly Wilkie are Secretary and Daniel N. Higgins, Brandy Bar(tolone and Kelly A. Wilkie are the Vice -President of Douglas N. Higgins, Inc. Douglas N. Higgins, Inc. has been in business for 48 years and has operated only under the name of Douglas N. Higgins, Inc. In response to #(5) a., b., c. and e - all the answers are NO. In response to #(5) d. — Monroe County was included in a suit filed with FKAA. That has since been finalized with no judgment against Monroe County. I have attached a list of Customer References, Credit References, List of Subcontractors, Detail by Entity Name Print-out, Contractor's Annual Report and our General Contractors; License. I have also ,attached a very confidential copy of our Financial Statements. Should you need additional information, please contact me at (734) 996-9500. Sincerely, Douglas N. Higgins, Inc. Ke ly A. "ilkie V ice-Presid lent wlattac nine arts E.E.O. DOUGLAS N. HIGGINS, INC. OWNER RECOMMENDATION LIST Collier County Government 3050 N. Horseshoe Drive, Suite 290 Naples, FL 33942 (239) 434-5050 City of Fort Myers 2200 Second Street Fort Myers, FL 33901 (941)332-6830 City of Key West 525 Angela Street P.O. Box 1409 Key West, FL 33040 Metropolitan Dade County, Florida 3575 S. LeJeune Road Miami, FL 33133 (305)665-7471 Palm Beach Water Utilities Department 2065 Prairie Road West Palm Beach, FL 33416 Contact: Hassam Hadjimiry (561) 641-3429 City of Ann Arbor, MI 301 E. Huron Street Ann Arbor, MI 48107 Contact: Nicholas Hutchinson (734) 794-6410 Peters Building Company P.O. Box 577 Saline, MI 48176 Contact: Jim Haeussler (734) 429-4200 City of Chelsea, MI 305 S. Main Street, Suite 100 Chelsea, MI 48118 Contact: Christine Linfield (734) 475-1771 Ypsilanti Community Utilities Authority 2777 State Street Ypsilanti, MI 48197 Contact: Larry Thomas (734) 484-4600 Village of Dexter, MI 8140 Main Street Dexter, MI 48130 Contact: Donna Dettling (734) 426-8303 City of Saline, MI 100 Harris Street Saline, MI 48176 Contact: Gary Roubal (734) 429-4907 DOUGLAS N. HIGGINS, INC. CONSULTING ENGINEERS RECOMMENDATION LIST' Stantec 3754 Ranchero Drive Ann Arbor, MI 48108 (734) 761-1010 Berry & Calvin 3129 North 29th Avenue Hollywood, FL 33020 (305) 923-6588 CH2M Hill 800 Fairway Drive, Suite 350 Deerfield Beach, FL 33441 (954) 426-4008 Hole, Montes & Associates 715 Tenth Street South Naples, FL 33940 (941) 262-4617 Johnson Engineering, Inc. 2158 Johnston Street Fort Myers, FL 33902 (941) 334-0046 Jones & Henry Engineers, Ltd. 2000 W. Central Avenue Toledo, OH 43606 (419)473-9611 Tetra Tech -- MPS 710 Avis Drive Ann Arbor, MI 48108 (734)665-6000 Miami -Dade Water & Sewer Department 4200 Salzedo Coral Gables, FL 33146 (305) 669-5751 Midwestern Consulting, Imc. 3815 Plaza Drive Ann Arbor, MI 48108 (734)995-0200 Orchard, Hiltz & McClim ent, Inc. 34935 Schoolcraft Road Livonia, MI 48150 (734)522-6711 Pitman, Hartenstein & Associates, Inc. 4755 Summerlin Road, Suite.- 8 Fort Myers, FL 33919 (941) 936-6466 Post, Buckley, Schuh & Je!rnigan, Inc. 2131 Hollywood Blvd., Suit.e 400 Hollywood, FL 33020-6786 (305) 921-7275 Metro Consulting Associates 6001 Schooner Drive Belleville, MI 48111 (734)483-1427 DOUGLAS N. HIGGINS, INC. Officers: Douglas N. Higgiins — President Kelly A. Wilkie — Vice -President, Secretary, Treasurer Brandy L. Bartol'.one - Vice -President Sandra K. Garrison - Secretary Daniel N. Higgin►s — Vice -President Tamara J. Ludwig — Secretary David J. Wilkie — Secretary Bank Reference: Ann Arbor State Bank Contact: Mr. Tim Berry 125 West Williarn P - (734) 761-1475 Ann Arbor, MI 4:8104 C - (734) 418-0584 F - (734) 213-2474 Bank of Americas Contact: John Polack 500 Griswold Avenue, Suite 2600 P - (313) 202-3052 Detroit, MI 4822.6 F - (313) 202-3048 Bonding: Hartford Fire Insurance Company Agent: Hylant Group Hartford Plaza 24 Frank Lloyd Wright Dr. Hartford, CT 06115 P.O. Box #541, Suite J4100 Ann Arbor, MI 48106 Trade References: Michigan Florida East Jordan Iron Works HD Supply P.O. Box #67000, Dept. #59601 501 W. Church Street Detroit, MI 482617-0596 Orlando, FL 32805-2247 P - (800) Manhol e (626-4653) P - (305) 418-5115 F - (248) 546-46112 F - (305) 577-1063 Account # 39180 Account #101780000 Michigan CAT Ferguson Enterprises, Inc. 24800 Novi Roacd 2361 N.W. 22nd Street P.O. Box 918 Pompano Beach, FL 33069 Novi, MI 48375-2414 P - (954) 973-8100 P - (800) 642-4228 F - (954) 917-3134 F - (248) 348-32(01 Account # 584 Account #319072 Niethammer Trarisport, Inc. Triple J of Lee County 9750 W. Michigam Avenue P.O. Box #7258 Saline, MI 48176) Fort Myers, FL 33911-7258 P - (734) 429-71'79 P - (239) 337-2177 F - (734) 429-7070 F - (239) 337-7093 Account #DOU00001 Michigan Pipe &: Valve U.S. Pipe & Foundry 3604 Page Avenue P.O. Box 10406 Jackson, MI 49203 Birmingham, AL 35202 P - (517) 764-9750 P - (205) 254-7076 F - (517) 764-9754 F - (205) 254-7042 DOUGLAS N. HIGGINS, INC. REFERENCE INFORMATION Billing -Address: 3390 Travis Pointe Road, Suite A Ann Arbor, MI 48108 P - (734) 996-9500 F - (734) 996-8480 Officers: Douglas N. Higgins - President 5662 Glen Oak Ct. Saline, MI 48176 Kelly A. Wilkie - Vice -President, Secretary, Treasurer 2450 Highridge Circle Saline, MI 48176 Sandra K. Garrison - Secretary 618 Campbell Avenue Ypsilanti, MI 48198 David J. Wilkie — Secretary 2450 Highridge Circle Saline, MI 48176 Bank Reference: Ann Arbor State Bank 125 West William Ann Arbor, MI 48104 Bank of America 500 Griswold Avenue, Suite 2600 Detroit, MI 48226 Bondine: Hartford Fire Insurance Company Hartford Plaza Hartford, CT 06115 Agent: Hylant Group 24 Frank Lloyd Wright Dr. P.O. Box #541, Ste. J4100 Ann Arbor, MI 48106 Business Started: April 1966 DUNS # 01-722-2183 Tax I.D.: #38-1807765 Daniel N. Higgins - Vice; -President 632 Ironwood Way Saline, MI 48176 Brandy L. Bartolone - V ice -President 3690 I" Avenue SW Naples, FL 34117 Tamara J. Ludwig - Secretary 27541 Garrett Street Bonita Springs, FL 3413 5 Contact: Mr. Tim Berry P - (734) 761-1475 Cell - (734) 418-0584 Contact: Mr. John Polaclk P - (313) 202-3052 10/17/2014 Detail by Entity Name Detail by Entity Name Foreign Profit Corporation DOUGLAS N. HIGGINS INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Changed: 01 /25/2000 Mailing Address 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Changed: 01 /25/2000 830666 381807765 08/01 /1973 MI ACTIVE Registered Agent Name & Address CFRA, LLC 100 S. ASHLEY DR. SUITE 400 TAMPA, FL 33602 Name Changed: 05/27/2003 Address Changed: 05/19/2011 Officer/Director Detail Name & Address I Title VP Bartolone, Brandy L 4465 Enterprise Avenue j Naples, FL 34104 httg;llsearch.sunbiz.ercgllnquiryl orporatiensearchl3earchResultDetaillEntity 7amefforp-830666-4 a27d33-9482-4c 2-b6ae-ac2ebdet3d27)Dou las%... 1/3 Detail by Entity Name Page 2 of 3 Title Asst. Secretary Ludwig, Tamara J 4465 Enterprise Avenue Naples, FL 34104 Title PD HIGGINS, DOUGLAS N 3390 TRAVIS POINTE RD., SUITE A ANN ARBOR, MI 48108 Title VP, Executive Secretary, Treasurer WILKIE, KELLY A 3390 TRAVIS POINTE RD SUITE #A ANN ARBOR, MI 48108 Title VP HIGGINS, DANIEL N 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Asst. Secretary Garrison, Sandra K 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Title Secretary Wilkie, David J 3390 TRAVIS POINTE RD SUITE A ANN ARBOR, MI 48108 Annual Reports Report Year 2013 2013 2014 Document Images Filed Date 01 /08/2013 07/01 /2013 01 /07/2014 01/07/2014 -- ANNUAL REPORT View image in PDF format 07/01/2013 -- AMENDED ANNUAL REPORT View image in PDF for 01/08/2013 -- ANNUAL REPORT View Image in PDF format 01/17/2012 --ANNUAL REPORT View image in PDF format http:/lsearch. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaillEntityName/f(:)rp-... 11 /24/2014 10/17/2014 02/10/2011 -- ANNUAL REPORT 01/04/2010 -- ANNUAL REPORT 01/20/2009 -- ANNUAL REPORT 01/07/2008 -- ANNUAL REPORT 01/17/2007 -- ANNUAL REPORT 01/17/2006 -- ANNUAL REPORT 01/19/2005 --ANNUAL REPORT 02/02/2004 -- ANNUAL REPORT 05/27/2003 -- Reg. Agent Change 01/17/2003 --ANNUAL REPORT 02/04/2002 -- ANNUAL REPORT 01/22/2001 --ANNUAL REPORT 01/25/2000 -- ANNUAL REPORT 02/22/1999 -- ANNUAL REPORT 01/26/1998 -- ANNUAL REPORT 02/03/1997 -- ANNUAL REPORT 01/26/1996 -- ANNUAL REPORT 01/25/1995 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format CODvriaht @ and Privacv Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/Search Resu[tDetai I/EntityName/forp-830666-49a27d33-9482-4c92-b6ae-ac2ebdef3d27/Douglas%... 3/3 2014 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 830666 Entity Name: DOUGLAS N. HIGGINS INC. Current Principal Place of Business: 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 Current Mailing Address: 3390 TRAVIS POINTE RD. SUITE A ANN ARBOR, MI 48108 US FEI Number: 38-1807765 Name and Address of Current Registered Agent: CFRA, LLC 100 S. ASHLEY DR. SUITE 400 TAMPA FL 33602 US FILED Jan 07, 2014 Secretary of State CC3506726904 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: _ Electronic Signature of Registered Agent Date Officer/Director Detail : Title VP Name BARTOLONE,BRANDY L Address 4465 ENTERPRISE AVENUE City -State -Zip: NAPLES FL 34104 Title PD Name HIGGINS, DOUGLAS N Address 3390 TRAVIS POINTE RD., SUITE A City -State -Zip: ANN ARBOR MI 48108 Title VP Name HIGGINS, DANIEL N Address 3390 TRAVIS POINTE RD. SUITE A City -State -Zip: ANN ARBOR MI 48108 Title SECRETARY Name WILKIE, DAVID J Address 3390 TRAVIS POINTE RD. SUITE A City -State -Zip: ANN ARBOR MI 48108 Title ASST. SECRETARY Name LUDWIG, TAMARA J Address 4465 ENTERPRISE AVENUE City -State -Zip: NAPLES FL 34104 Title VP, EXECUTIVE SECRETARY, TREASURER Name WILKIE, KELLY A Address 3390 TRAVIS POINTE RD SUITE #A City -State -Zip: ANN ARBOR MI 48108 Title ASST. SECRETARY Name GARRISON, SANDRA K Address 3390 TRAVIS POINTE RD. SUITE A City -State -Zip: ANN ARBOR MI 48108 I hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: KELLY A. WILKIE VICE-PRESIDENT 01/07/2014 Electronic Signature of Signing Officer/Director Detail Date STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 HIGGINS, DANIEL NORMAN DOUGLAS N HIGGINS INC 3390 TRAVIS POINTE ROAD SUITE A ANNN ARBOR MI 48108 Congratulations! With this license you become one of the nearly _ one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leans more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR (850) 487-1395 -11, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND .� PROFESSIONAL REGULATION CGC060189 8S8UED: 08/27/2014 i CERTIFIED GENERAL CONTRACTOR HIGGINS, DANIEL N`P` UAN DOUGLAS N IGGII�I' INO , 7 IS CERTIFIED under the provisions of Ch.489 FS. Expiration date : AUG 31, 2016 L1408270003526 KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CGC060189 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 HIGGINS, DANIEL NORMAN DOUGLAS N HIGGINS INC 3390 TRAVIS POINTE ROAD SUITE A ANNN ARBOR MI 48108 ISSUED: 08/27/2014 DISPLAY AS REQUIRED BY LAW M SEQ # L1408270003526 111 2014 / 2015 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2015 RECEIPT# 30140-62369 Business Name!: DOUGLAS N HIGGINS INC Owner Name: DOUGLAS N HIGGINS, DANIEL N HIGGINS Business Location: MO CTY Mailing Address: KEY WEST, FL 33040 3390 TRAVIS POINTE RD Business Phone: 305-294-3355 Ste A Business Type: CONTRACTOR (UNDERGROUND UTILITY) ANN ARBOR, MI 48108 Employees 5 STATE LICENSE: CGC060189 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 0.00 0.00 0.00 , 20.00 Paid 125-13-00002331 07/14/2014 20.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS.. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2015 Business Name: DOUGLAS N HIGGINS INC RECEIPT# 30140-62369 Business Location: MO CTY Owner Name: DOUGLAS N HIGGINS, DANIEL N HIGGINS KEY WEST, FL 33040 Mailing Address: Business Phone: 305-294-3355 3390 TRAVIS POINTE RD Business Type: CONTRACTOR (UNDERGROUND UTILITY) Ste A ANN ARBOR, MI 48108 Employees 5 STATE LICENSE: CGC060189 Tax Amount Tra�nsfer _.....................m. m., _ _...__.._...__..__a_ Fee I Sub -Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 0.00 0.00 0.00 20.00 Paid 125-13-00002331 07/14/2014 20.00 The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on July 1, 2014 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Brandy L. Bartolone Daniel N. Hiaains Douglas N. Higgins David J. Wilkie Kellv A. Wilkie Kelly A. '+ilkie� Secretary Dated: July 1, 2014 Subcontractor's List General Asphalt Co., INC 4850 NW 72 Ave. Miami, FL 33166 A phalt Charles Tolton & Associates, Inc. 2887 Tamiami Trail East, Suite 5 Naples, FL 34112 Surveying Drainage Improvements Project Grouper Lane, Key Largo SECTION 00110 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. (f tom i Ls doll name and address or legal tine of Contractor) as Principal, hereinafter called the Principal, and Hartford Accident and Indeninit Con-1 an a (Mcrd instit full name acid dddros or tcgal trite ofSurci::Y) a corporation duly organized under the laws of the State of _ CT _ as Surety, hereinafter called the Surety, are held and firmly bound unto_Monroe Coulll (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of five percent of attached bid_ r _ Dollars 6 ,.5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid forGrouper Lane, K Largo Drainage Improvements _ (Here insert full name. address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall -enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th <_day of Decernbg xr 20tC ItL_ Douglas N. High, Inc. (Witness) (Pri cipal) (Seat) `X\ "x (Witness) (Title) :t Hartford Accident and Indemnity�ompany (S �ty) (Seal) , ,. AttorneY in Fact d -- (e 7/3/14 BID PROPOSAL 00110- Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 calla 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Heather M. Johnson, Joel E. Speckman, Tern Mahakian, David Harlock of Ann Arbor, MI their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Air " "stsee,ar` " t�sarws* k}x°2970 lit ID7gr . = 7 T9 � � ,a y�l w�,xwi° F�`r';' *" rya 'i • ` *4s R,:� *aresra ` '>�. q�-+ a Wesley W. Cowling, Assistant Secretary M Ross Fisher, Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 121h day of July, 2012, before me personally came M Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority 0Kathleen T Maynard Notary Public My Commission Expires July 31, 2016 CERTIFICATE I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 4, 2014 . Signed and sealed at the City of Hartford. ie ar ia*y#a i 9 r i 7 - 7979 i i, Gary W Stumper, Vice President ADDENDUM NO.1 November 7, 2014 GROUPER LANE, BEY LARGO DRAINAGE IMPROVEMENTS PROJECT MONROE COUNTY, FLORIDA Due 12/04/2014 The inforrriation contained in this Addendum adds, modifies, clarifies, supplements or replaces in formation contained in the Request for Bids and is hereby made a part of the Contract D ocuments. This addenidurn is in response to the following request or question: 1. Aplproximate linear footage or line item bid form. Thus item is incidental to the responsibilities of the contractor. Tot al linear footage of the project is approximately 1000'. 2. Willi above ground video documentation be required? This; is incidental to the contract. 3. YOUr website If It provides the Information. See! Monroe County website for RFP documents. www.demandstar.com su li er/bids/agency lnc bid list.as ?f=search& mi=116i478 All other itiems remain as called for in the original bid documents. End of Adidendum No. 1.