#14-6213 (Southwest Utility Systems, Inc.) AGREEMENT 14-6213
for RECEIVED JUN 2 B 2914
Underground Utility Contractors
THIS AGREEMENT is made and entered into this 0 day of , 2014, by and between the
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Board of County Commissioners for Collier County, Florida, a pal ubdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Southwest Utility Systems, Inc., as a authorized to
do business in the State of Florida, whose business address is 16341 Old U.S. 41 South, Fort Myers, FL
33912 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The Contract shall be for a period of twenty-four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders/Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in
effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as-needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14-6213 and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not be a
commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and
any extension of the term of this Agreement.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field/Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field/Underground Utilities and Plant/Facility Utilities.
Category Contractors
Mitchell & Stark Construction Co., Inc.
Field/Underground Douglas N. Higgins Inc.
Utilities Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emergency Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of$50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order/Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of$50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order/Purchase Order.
Procedures for projects with a value of$200,000 to$750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order/Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14-6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Southwest Utility Systems, Inc.
16341 Old U.S. 41 South
Ft. Myers, Florida 33912
Phone: (239) 267-0200
Fax: (239) 267-7478
Attn: Richard T. Cowart, President
officestaffAswutility.net
All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall
be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department,
first class mail service, postage prepaid, addressed to the following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239-252-8407
Fax: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Contractor or to constitute the Contractor as an agent of the County.
7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. Contractor is not responsible for
paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require
the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the
Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier
County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits
obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance of the Work.
8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner
whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation
of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule
or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the Contract of the Contractor.
Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the..
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RECEIVED JUN 2 B 2014
County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such
suspension to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the satisfaction of the
County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement
for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written
notice. The County shall be sole judge of non-performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by
the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or
utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available
to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall
be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS:
A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall
diligently pursue the completion of the Work and coordinate the Work being done on the Project by its
subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project
Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by
Contractor. Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an
itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except
in an emergency endangering life or property, or as expressly set forth herein, no addition or changes
to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state
and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, workers' compensation, equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor
shall employ people to work on County projects who are neat, clean, well-groomed and courteous.
Subject to the American with Disabilities Act, Contractor shall supply competent employees who are
physically capable of performing their employment duties. The County may require the Contractor to
remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and
whose continued employment on Collier County projects is not in the best interest of the County.
24. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish to the Owner the required certificates of inspection,
testing or approval. All inspections, tests or approvals shall be performed in a manner and by
organizations acceptable to the Owner.
25. PROTECTION OF WORK:
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss
or damage until final payment has been made. If Contractor or anyone for whom Contractor is
legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner
or Owner's separate contractors, Contractor shall be charged with the same, and any monies
necessary to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If
Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs
the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish
the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the �first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6213, any addenda, any
Quotation/Work Order/Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order/Purchase Order.
31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.
2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may
result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time, including but
not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held
by the individual and/or firm for cause.
32. SUBJECT TO APPROPRIATION: It is further understood and agreed, by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
33. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall be
applied to sales tax.
34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is
formally acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the
laws referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees
to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant
contract to other governmental entities at the discretion of the successful proposer.
37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
38. SECURITY: If required, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Department for all employees that shall provide services to
the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least four(4) years.
Page-9-
I RECEIVED JUN 2 8 1014
39. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve
any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor
with full decision-making authority and by County's staff person who would make the presentation of
any settlement reached during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached at mediation to County's board for approval. Should either
party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in Collier County,
Florida, which courts have sole and exclusive jurisdiction on all such matters.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any
Contractor's work operations. This provision is non-negotiable by any department and/or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer.
*******
Page-10- ���
RECEIVED JUN 2 8 2,04
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST ,0,0'3. s��r,'' COLLIER COUNTY, FLORIDA
Dwighirr ' .rock, Clefiwif Courts
By ,�� .. ' g411 � By _
: � Tom Henning, Chairman
Dated •!
Attest asiO4N !�'`
signature only.
Southwest Utility Systems, Inc.
Contracto
it
By:
First Witness Signature
Et,ke.nroa 42—I Purchaur doapAhcr, Ae=s1
Print Name and Title Print Name and Title/
1 ;
ID .
Second Witness
Majc S+ewar4 Fore-Mein
Print Name and Title
•pp o as • - .r =nd Legality:
rip
Assistant County Attorney
Dee
Page-11-
w
v CERTIFICATE OF LIABILITY INSURANCE DATE WDDNYY1n
07/1012014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
E
PREMIER INSURANCE CORP.,INC. °F,.,.(239)542-7101 1 TA.,may.(239)542-0693
1326 CAPE CORAL PARKWAY E,SUITE#1 , • Imepremleransurancecorp_.com
CAPE CORAL,FL 33904
INSURER(8)AFFORDINQ_CQYERAGE NAM M
PHONE:239.542.7101 INSURERA:FCCI INSURANCE COMPANY 10178
INSURED INSURERS:AGCS MARINE INSURANCE CO(ALLIANZ) 22837
SOUTHWEST UTILITY SYSTEMS,INC. INSURER C:
16341 OLD US 41 SOUTH INSURER D:
FORT MYERS,FL 33912 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 pBpY�PAID CLAIMS.
ILTR TYPE OF INSURANCE IADN Dg %ANDR POIJCYJIUMBER IMi O/VWVL IMIYIfBO LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A COMMERCIAL GENERAIIABILITY p GE TO ) s 300,000 _
1 CLANS-MADE IL OCCUR GL0015737 1 0810112013 08/01/2014 MED EXP(kw one person) s 10,000 _
X Contractual Liability PERSONAL 8 ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
G FL AGGREAD LIMIT AP(�'I�S PER: DUCTS-COMP/OP AGG a 2,000,000
I POLICY X r0T 1 1 LOC $
AUTOMOBILE UABWTY COMBINED SINGLE LIMIT 21,000,000
A X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED —
-_ AUTOS — AUTOS CA0016569 4 08101!2013 0810112014 BODILY INJURY(Per accident) $
X HIRED AUTOS X NO 8 ED PROP PE dR Y DAMAGE _IMB
$
X UMBRELLA LIAR X OCCUR i EACH OCCURRENCE $5,000,000
A EXCESS USE CLAIMS-MADE UM80009304 5 08/0112013 0810112014 AGGREGATE s 5,000,000
DED I I RETENTIONS $
WORKERS COMPENSATION X I WC STATU I 1 0TH
AND EMPLOYERS'LIABILRY Tr1RY I IUPTC FR
ANY PROPRIETOR/PANTHER/EXEC E.L.EACH ACCIDENT S 500,000
A OFFICERAMEMBER EXCLUDED? NIA 001-WC14A-57303 0110112014 01101/2015
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE s 500,000
N ae,deealbe under
DEySCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT a 500,000
B INLAND MARINE(EQUIPMENT) MX193043586 0810112013 0810112014 Rented/Leased Equip $150,000 Per Item
DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
Collier County Board of County Commissioners Is Included as additional insured under general liability as respects work performed as
required by written contract per form CGL026(11108) -Waiver of subrogation included under general liability and workers'compensation per
forms CGL004(05110)&WC000313-Umbrella Is excess over general liability&employer liability limits
30 days notice of cancellation applies except 10 days for non payment
Project Contract#14-6213-Underground Utility Contractors
CERTIFICATE HOLDER CANCELLATION
COWER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PURHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
3327 TAMIAMI TRAIL EAST
NAPLES,FL 34112 AUTHORRED REPRESENTATIV': <LT>
Phone:(239)252.7496 C/ 'BwU. .f Wien
I Fax:(238)732-9744 ..
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
hawed Name: SOUTHWEST UTILITY SYSTEMS, INC
Past Number: O01-WC14A-57303
Agency Name: 1393, Premier Insurance Corp Inc
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments tram anyone liable for an h tuty covered by this OW. We will not
enforce our right against the person or aeon named la the Schedule. This agreement applies only to the
extent that you perform work under a wrpten contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or hcdiredly to benefit anyone not named in the Schedule.
SCHEDULE
All persons or organizations that,Ina mitten contract executed by both parties prior to the date of the hijwy covered
by this policy,require you to obtabn this agreemerd from us.
•
•
This endorsement changes the policy to eAddr It Is attached and is effective on the date issued unless otherwise noted.
i �d000ppi 24570
4
HMOs Date: 1/01/14 Date leeuad: 1/16/14
Countersigned by
•
•
ve
WC 00 03 13
Cdpylght 1883 National Council on Campeneatlon Insurance
UM. ON
COMMERCIAL GENERAL LIABILITY
CGL 026(11 08)
THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU LIABILITY FOR ACTIONS OF NAMED INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
This endorsement is subject to the terms,conditions, exdusions and any other provisions of the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM or any endorsement attached thereto unless changes or additions are
indicated below.
Section II-Who is an Insured is amended to include as an insured any person or organization for whom you are
performing operations when you and such person or organization have agreed in writing in a contract or
agreement that such person or organization be added as an additional insured on your policy. Such person or
organization is an insured but only with respect to your negligent actions,which cause liability to be imposed on
such person or organization without fault on the part of said person or organization,caused by'your world"
performed for that insured.
All policy exclusions relating to you In the Commercial General Liability Coverage Form,Including any exclusions
added by endorsement,shall apply to any additional insureds herein.
With respect to the insurance afforded to these additional insureds,the following additional exclusion
applies:
This insurance does not apply to"Bodily injury","property damage"or"personal and advertising injury"arising out
of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,
including:
1. The preparing,approving,or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys,
field orders,change orders or drawings and specifications;or
2. Supervisory, inspection,architectural or engineering activities.
This endorsement does not apply to any Additional Insureds scheduled on the CG 2010, CG 20 37,CGL 005 or
CGL 021 endorsements,when any of those endorsements are also attached to the Commercial General Liability
Coverage Form.
CGL 026(11 08) Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 1 of 1
Copyright 2008 FOCI Insurance Group.
COMMERCIAL GENERAL BI
4. The following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have because of payments we make for injury or damage arising
out of your ongoing operations or"your work'done under a written contract requiring such waiver with that
person or organization and included In the"products-completed operations hazard'. However,our rights
may only be waived prior to the'occurrence'giving rise to the injury or damage for which we make
payment under this Coverage Part,The Insured must do nothing after a loss to Impair our rights.At our
request,the insured will bring"salt'or transfer those rights to us and help us enforce those rights.
5. Paragraph 10.Is added as follows:
10.Liberalization
If we revise this Coverage Form to provide more coverage without additional premium charge,your policy
will automatically provide the additional coverage as of the day the revision is effective in the applicable
state(s).
•
COL 004(05 10) Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 12 of 12