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Agenda 02/14/2012 Item #16E12/14/2012 Item 16.E.1. EXECUTIVE SUMMARY Recommendation to approve, and authorize the Chairman to sign, the Assumption Agreement from E.B. Simmonds Electrical, Inc. to Simmonds Electrical of Naples, Inc. as it relates to Contract 09 -5325 "On -Call Electrical Repairs and New Installations ", Contract 10- 5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting ", and Contract 11 -5747 "North County Regional Water Treatment Plant (NCRWTP) Main Electrical Switchgear Replacement." OBJECTIVE: To assign the above - referenced Agreements from the original party, E.B. Simmonds Electrical, Inc. to Simmonds Electrical of Naples, Inc. CONSIDERATIONS: This Assumption Agreement involves Contracts 09 -5325 "On -Call Electrical Repairs and New Installations" dated January 12, 2010 (Agenda Item 16E7), 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting" dated November 9, 2010 (Agenda Item 16A8), and 11 -5747 "NCRWTP Main Electrical Switchgear Replacement" dated September 13, 2011 (Agenda Item lOD). These contracts are between Collier County and E.B. Simmonds Electrical, Inc. and the services provided under these contracts are used by various County departments. On December 23, 2011, County staff was notified that Simmonds Electrical of Naples, Inc. purchased the assets of E.B. Simmonds Electrical, Inc. Following the Procurement Administration Procedures, staff has acquired the necessary documents from Simmonds Electrical of Naples, Inc. which have been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney has reviewed the Assumption Agreement which is legally sufficient and requires a majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves, and authorizes its Chairman to sign, the Assumption Agreement with Simmonds Electrical of Naples, Inc. as it relates to Contract 09 -5325 "On -Call Electrical Repairs and New Installations," Contract 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting," and Contract I1 -5747 "NCRWTP Main Electrical Switchgear Replacement." PREPARED BY: Diana Diaz DeLeon, CPPB, Contract Technician, Purchasing Department Packet Page -1650- 2/14/2012 Item 16.E.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1. Item Summary: Recommendation to approve, and authorize the Chairman to sign, the Assumption Agreement from E.B. Simmonds Electrical, Inc. to Simmonds Electrical of Naples, Inc. as it relates to Contract 09 -5325 "On -Call Electrical Repairs and New Installations ", Contract 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting ", and Contract 11 -5747 "North County Regional Water Treatment Plant (NCRWTP) Main Electrical Switchgear Replacement." Meeting Date: 2/14/2012 Prepared By Name: DeLeonDiana Title: VALUE MISSING 1/13/2012 4:12:18 PM Submitted by Title: VALUE MISSING Name: DeLeonDiana 1/13/2012 4:12:20 PM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 1/20/2012 11:27:27 AM Name: SmithKristen Title: Administrative Secretary,Risk Management Date: 1/20/2012 1:06:12 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 1/23/2012 7:49:18 AM Packet Page -1651- 2/14/2012 Item 16.E.1. Name: PriceLen Title: Administrator - Administrative Services, Date: 2/1/2012 12:54:13 PM Name: FinnEd Date: 2/3/2012 6:33:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/6/2012 3:13:38 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/7/2012 8:19:50 AM Packet Page -1652- 2/14/2012 Item 16.E.1. ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of 2012, by and between Simmonds Electrical of Naples, Inc. ( "Simmonds Electrical "), and Collier County, a political subdivision of the State of Florida ("County''), collectively stated as the ( "Parties"" ). WHEREAS, on January 12, 2010, the County entered into Contract 09 -5325 "On -Call Electrical Repairs and New Installations" with E.B. Simmonds Electrical, Inc. ( "E.B. Simmonds ") (attached hereto as Exhibit A -1, and hereinafter referred to as "Agreement No. 1 and WHEREAS, on November 9, 2010, the County entered into Contract 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting" with E.B. Simmonds (attached hereto as Exhibit A -2, and hereinafter referred to as "Agreement No. 2 "); and WHEREAS, on September 13, 2011 the County entered into Contract 11 -5747 "North County Regional Water Treatment Plant (NCRWTP) Main Electrical Switchgear Replacement" (Project 470069.6) with E.B. Simmonds (attached hereto as Exhibit A -3, and hereinafter referred to as "Agreement No. 3 "); and WHEREAS. Simmonds Electrical hereby represents to Collier County that by virtue of an asset purchase agreement, Simmonds Electrical is the successor in interest to E.B. Simmonds, in relation to the Agreements; and WHEREAS. the Parties wish to formalize Simmonds Electrical's assumption of rights and obligations under Agreement No. 1, Agreement No. 2. and Agreement No. 3, effective as of the date first above written NOW THEREFORE. IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration_ the receipt and sufficiency of which are acknowledged by the Parties, it is agreed as follows: I. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Simmonds Electrical accepts and assumes all rights, duties, benefits, and obligations of the Contractor under Agreement No. 1, Agreement No. 2, and Agreement No. 3. including all existing and future obligations to pay and perform under the Agreements. 3. Simmonds Electrical will promptly deliver to County evidence of insurance consistent with Agreement No. 1. Agreement No. 2, and Agreement N , 7o. 3. 4. Except as expressly stated, no further supplements to, or modifications of, Agreement No. I, Agreement No. 2 and Agreement No. 3 are contemplated by the Parties. 5. Notice required under the Agreements to be sent to the contractor shall be directed to: Page I of 2 Assumption EB Simmonds /Sitrimonds Electrical Packet Page -1653- 2/14/2012 Item 16.E.1. CONTRACTOR: Simmonds Electrical of Naples, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 Attention: Eugene Bernard Simmonds 6. The County hereby consents to Simmonds assumption of Agreement No. 1, Agreement No. 2, and Agreement No. 3. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Simmonds Electrical as the Contractor for all purposes under the Agreements. Except as provided herein, all other terms and conditions of Agreement No. 1, Agreement No. 2, and Agreement No. 3 remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk AS TO SIMMONDS ELECTRICAL: WITNESSES: Print Name: Print Name: Appovec ag'to form and Iegal uffic'i ncy `1. Jeffrey,. A. K akow County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN By: tugene Bernard Jim2nonds, President Attest: Corporate Secretary Page 2 of 2 Assumption EB Simmonds/Simmonds Electrical Packet Page -1654- w EXHIBIT A -1 AGREEMENT09 -5325 for On -Call Electrical Repairs and New Installations 2/14/2012 Item 16.E.1. 7!S /i j r, rN THI AGREEMENT, made and entered into on this 1 day of cth uuar !� 20YO, by and between E. B. Simmonds Electrical, Inc., authorized to do business in the State of Florida, whose business address is 3750 Enterprise Avenue, #300, Naples, Florida 34104 -3659 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County 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 Contractor shall provide on -call electrical repairs and new installations in accordance with the terms and conditions of Bid #09 -5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty -four (24) hour basis, three hundred sixty -five (365) days per year for such emergency work. Page 1 of 8 Packet Page -1655- 2/14/2012 Item 16.E.1. The Contractor shall supply the County with an emergency on -call telephone number and the same (or different telephone number) for routine repairs /new installation. 3. COMPENSATION: 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. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4. 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples, Florida 34104 -3659 Attention: E. B. Simmonds, President Telephone: 239 -643 -2770 Facsimile: 239- 643 -6873 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09 -5325 On -Call electrical Repairs and New Installations Page 2 of 8 Packet Page -1656- - - - -- -- 2/14/2012 Item 16.E.1. Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239- 252 -8371 Facsimile: 239- 252 -6584 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 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, F.S., 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. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have. failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09 -5325 On -Call electrical Repairs and New Installations Page 3 of 8 Packet Page -1657- 2/14/2012 item 16.E.1. 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, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 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 Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 09 -5325 On -Call electrical Repairs and New Installations Page 4 of 8 Packet Page -1658- 2/14/2012 Item 16.E.1. indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence. of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those service.' 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09 -5325 Specifi- cations /Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. 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. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. 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. 09 -5325 On -Call electrical Repairs and New Installations Page 5 of 8 Packet Page -1659- 2/14/2012 Item 16.E.1. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor,,,..!. 22. 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. 09 -5325 On -Call electrical Repairs and New Installations Page 6 of 8 Packet Page -1660- 2/14/2012 Item 16.E.1. 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. AIT� DfrAck, ,rrk of Courts 1 to CM f retort I- .Orc on Firs Witness Dijana Foley TType /print witness nameT '�N0, - �' SN 0'_ cond Witness John Harhen TType /print witness nameT Approved as to form and leaff--;hfficiencv,N A� County Attorney �P n l I'rint Name 09 -5325 On -Call electrical Repairs and New Installations Page 7 of 8 BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By: Donna Fiala , Chairman E. B. Sfinmonds Electrical Inc. Contractor By: d A. ign tore E. B. Simmonds, President Packet Page -1661- 2/14/2012 Item 16.E.1. EXHIBIT A Rate Sheet Items Price to County Material % Markup (material + % markup = price to County) 10% Sub - contractor % Markup 10% (subcontractor cost + % markup = price to County (note; use of subcontractors are limited to no more than 20 % of the entire work) Ditch Witch per Hour (Upon arrival at site) $30.00 /hour Journeyman Electrician per Hour (straight time) $50.00 /hour Apprentice Electrician per Hour (straight time) $45.00 /hour Electrician's Helper per Hour (straight time) $35.00 /hour General Laborer per Hour (straight time) $18.00 /hour Bucket Truck Operator per Hour (straight time) $50.00 /hour 40 Foot Bucket Truck per Hour $40.00 /hour 60 Foot Bucket Truck per Hour $35.00 /hour 80 Foot Bucket Truck per Hour $85.00 /hour 120 Foot Bucket Truck per Hour $140.00 /hour 40 Foot Bucket Truck Minimum # of Hours 2 60 Foot Bucket Truck Minimum # of Hours 2 80 Foot Bucket Truck Minimum # of Hours 2 120 Foot Bucket Truck Minimum # of Hours 4 09 -5325 On -Cali electrical Repairs and New Installations Page 8 of 8 Packet Page -1662- 2/14/2012 Item 16.E.1. ve OISa ACORD. CERTIFICATE OF LIABILITY INSURANCE 12102/2 09YYY' PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North Naples, FL 34103 -3303 239 261.3646 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC ax INSURED E. B. Simmonds Electrical, inc. 3750 Enterprise Ave., #300 Naples, FL 34104 INSURER A: Amerisure Insurance Company LIMITS INSURER S: Bridgefleld Employers Insurance X INSURER C GL2052102 INSURER D: 06!30/10 INSURER E si 000 000 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION. LIMITS A X GENERAL LIABILITY GL2052102 06/30/09 06!30/10 EACH OCCURRENCE si 000 000 G .ST9 E89MiYt i SW() 000 X COMMERCIAL GENERAL UA UTY MED EXP (Any one person ) $10,000 CLAIMS MADE FE OCCUR PERSONAL & AOV INJURY $1,000,000 GENERA- AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO SZOOO,000 POLICY PRO- LOC JECT A AUTOMOBILE X LIABILITY ANY AUTO CA 52098 06130109 06/30/10 COMBINED SINGLE LIMIT (Ea aoddent) $1000000 r r BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per aoddent) S X X HIRED AUros NONdWNED AUTOS PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG A EXCESSA 11BREIJA LIABILITY CU2052103 06130/09 06%30/10 EACH OCCURRENCE E2 000 000 AGGREGATE S2 ODO 000 X OCCUR ] CLAIMS MADE E S DEDUCTIBLE $ X RETENTION so B wowcros COMPENSATION AND 83015343 04!01/09 04M1/10 X E.L. EACH ACCIDENT 00,0W EMPLOYERS' LIABILITY ANY PROPRIETORIPART NER/EXECUr(VE OFFICEPA 4 A M31 EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000 E.L DISEASE - POLICY LIMIT I s500,000 If yes . descra�e under SPECIAL PROM ONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEMCLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Contract #09 -5325 "On -Call Electrical Repairs and New Installations" Collier County Board of County Commissioners is Named as Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per form CG7048 0304 includes Waiver of Subrogation per OG7049 0905. The Umbrella extends the limits of the General Liability, Automobile Liability, and Employers Liability. Collier County Board of County Commissioners Purchasing Department 3301 Tamlami Tr E Naples, FL 34112 ACORD 25 (2001/08)1 of 2 #S387993/M383120 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,..fin DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGA71ON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Packet Page -1663- TIVE JPE a ACORD CORPORATION 1988 2/14/2012 Item 16.E.1. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Packet Page -1664- 2/14/2012 Item 16.E.1. Corley county Administrative Services Division Purchasing October 18, 2011 Mr, E.B. Simmonds President E.B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, 9300 Naples, FL 34104 -3659 Fax: 643 -6873 Email: Tyne @ebsimmondselectrical.com RE: Renewal of Contract $09 -5325 "On -Call Electrical Repairs & New Installations" Dear Mr. Simmonds: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. if you are agreeable please indicate your intentions by providing the appropriate information as requested below: 1 am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing. contract,. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By your signature this contract will be in effect from January) 1, 2012 until January 10, 2011 punrasing Dgavnant• 3327 Tamiami Trail East • Naples. Flonda.34112 .4901 - www.colliergov.nelipurchasing Packet Page -1665- 2/14/2012 Item 16.E.1. Page 2of2 RE: Renewal of Contract #09 -5325 "On -Call Electrical Repairs & New Installations" Please return this letter to the Purchasing Department with your response as soon as possible. If you have any questions you may contact meat 239- 252 -6020, email brendareavesgDcolliemov. net and fax 239 - 252 -6592 or 239- 732 -0844. Best regards, Lo, he Y. Cc(rnell Director — Purchasing /General Services Address C: Dennis Linguidi, Facilities Mgmt — - - Packet Page -1666- 2/14/2012 Item 16.E.1. EXHIBIT A -2 AGREEMENT10 -5503 for Installation and Maintenance of Traffic Signals and Roadway Lighting THIS AGREEMENT is made and entered into this 9" day of 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and E.B. Simmonds Electrical, Inc., authorized to do business in the State of Florida, whose business address is 3750 Enterprise Avenue, Suite 300, Naples, Florida 34104 -3659 (hereinafter referred to as the "Contractor'). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period, commencing on 2010 and terminating 2011 or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. 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 two (2) firms to be pre - qualified and awarded a Contract to each firm on a Primary/Secondary basis. E.B. Simmonds Electrical is identified as the secondary contractor. Each awardee will enter into an Agreement to provide all Material, Labor, Equipment, Maintenance of Traffic (MOT), Vehicles, and any other items required on a Furnish and Install Lump Sum Basis to assist on an as- needed basis Traffic Operations in routine and emergency operations, maintenance, repairs, and upgrades of Traffic Signals and Roadway Lighting that is under the jurisdiction of Collier County Traffic Operations. The bid consists of: Contract Service Type 1 — New Traffic Signal, Upgrade and /or Component Installation, Contract Service Type 2 - Traffic Signal and System Maintenance and Repair, Contract Service Type 3 — Roadway Lighting Troubleshoot and Repair Contract Service Type 4 - Replacement of Standard Aluminum Pole Due to Vehicle Knock -Down This shall include, but not be limited to, routine and emergency Traffic Signal Maintenance and Repair Work, Upgrading Span . Wire traffic Signal Installations to Mast Arm Traffic Signal Installations, and Roadway Lighting Maintenance and Repair Work in all areas of Collier County that are under the jurisdiction of Collier County Traffic Operations on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #10 -5503 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. Page -1- Packet Page -1667- 2/14/2012 Item 16.E.1. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the new work. The work shall consist of one or more individual work assignments, or groupings of work assignments. The Contractor shall respond with the information sought within seven (7) working days. A Purchase Order for the quoted work. will be awarded to the primary Contractor if that Contractor is able to complete the non - emergency work in the timeframe and within the budget required by the County. If the primary Contractor cannot meet the required timeframe and /or budget, a quote will be obtained from the secondary Contractor. 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. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work on a lump sum (furnish and install) core compensation basis per the State of Florida Department of Transportation Basis of Estimates in accordance with the Contract documents and Florida Department of Transportation Standard specifications for Road and Bridge Construction, 2010 edition, Florida Department of Transportation Design Standards 2010 Edition, and Collier County Traffic Operations, Traffic Signal & Roadway Lighting Technical Special Provisions pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation and in accordance with the unit prices as described in the response to the RFP. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. 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: E.B. Simmonds Electrical, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 239 -643 -2770; Lyne(c2)ebsimmondselect6cal.com E.B. Simmonds, President 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 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239- 252 -8371 Fax: 239- 252 -6584 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. Page -2- Packet Page -1668- 2/14/2012 Item 16.E.1. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person, to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the, part of the Contractor to be objectionable or improper; the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination asAo race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 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. Page -3- - Packet Page -1669- 2/14/2012 Item 16.E.1. 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 $1,000,000.00 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 insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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. PAYMENTS WITHHELD. Owner may decline to approve an invoice, or portions thereof, because of defective or incomplete work, outstanding 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 filing 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 14. CONTRACT TIME AND TIME EXTENSIONS. Page -4- Packet Page -1670- 2/14/2012 Item 16.E.1. 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 means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give, rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; - provided, - however; the granting of any-such time extension shall not be-a -condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. 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 Policy and Administrative Procedures in effect at the time such modifications are authorized. A Purchase Order modification shall be issued and executed promptly after an agreement is reached between the Contractor and the Project Manager concerning the requested changes. The Contractor shall promptly perform changes authorized by duly executed Purchase Order modification. The contract amount and contract time shall be adjusted in the Purchase Order modification the manner as Project Manager and Contractor shall mutually agree. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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 Page -5- Packet Page -1671- 2/14/2012 Item 16.E.1. 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. 18. 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. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in -- conformance with -the Contract Documents, Contractor shah correct °it- promptV-after� receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Worts 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. 20. 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. 21. 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. 22. 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. Page -6- Packet Page -1672- 2/14/2012 Item 16.E.1. 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. 23. 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. In the event of an emergency, where a potential safety hazard may exist or where traffic is delayed or impeded, the County may deem the repair to be an Emergency Repair and the Contractor shall respond within a period not to exceed two (2) hours including travel time from notification by the County. Authorization for Emergency repairs shall be given verbally by telephone, with written documentation to follow within twenty-four (24) business hours. 24. 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. 25. COMPLETION. 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. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Traffic Operations Department. 27. 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, RFP No. 10 -5503, any addenda, any Quotation /Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 28..PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer .or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance. No. 2004 -05, and County Administrative Procedure 5311:- Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm,, andlor 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 Page -7- __ Packet Page -1673- - 2/14/2012 Item 16.E.1. 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 fiml for cause. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. Page -8- Packet Page -1674- 2/14/2012 Item 16.E.1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively,, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. E By: Dated: 4"57 Nyla D. Elman Type /Print Witness Name econd Witness John Harhen Type/Print Witness Name Approved as to form and le 17 ciency: L- ScSFefeach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman E.B. Simmonds lectrical, Inc. Contra By: ignatu E.B. Simmonds Typed Signature President _ Title Page -9- Packet Page -1675- Client#: 36762 EBSIM 2/14/2012 Item 16.E.1. AWKUT. CERTIFICATE OF LIABILITY INSURANCE DATEMMDmY`6 10/18/20110 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: certificate holder is an ADDrnONAL INSURED—, a poll ies must be endorsed. If SUBROGATION IS WAIVED, su 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 endorasmen s). PRODUCER - Guffshore insurance, Inc. 4100 Goodlette Road North Naples, FL 34193 3303 NAM Ella Labra IMONrE . 239 430-7546 p, ; 239 213.1830 elabra RESa: �g ulfahoreinsuranCe.00111 CUFTOMER ID it, 239 2613646 s1SURE AFFORDING COVERAGE NAICO INSURED E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 NSURERA: Amerisure Insurance Company CA20520980201 rlsuR>ae a: Bridgsfield Empbysra Insurance 06l30/2D11 0613012011 INBUIMC: s1 000 000 Naples, FL 34104 INSURER D : MED EXP (Any one person) INSURER E: PERSONAL 6 ADV INJURY' 1$1,000,00 CAVFRAr.FR � rure rc rn — — KCVITSIUN NUMBER: - -- ' - • • • • • •- . ." .�� ..r .,.�,,...,r.� I..Ia I cu DMLV W KAVe SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIL TYPE OF INSURANCE OKI POLICY POLICY EXPO A A GENERAL X LIABILITY COMMERCIAL GENERAL LIABIUTY CWMS•MADE ❑X OCCUR CA20520980201 6130/2010 6/30/2010 06l30/2D11 0613012011 EACH occuRREric E s1 000 000 PREYtiSEB ooaksrenoe i3DD ODI) MED EXP (Any one person) t1 D ODD PERSONAL 6 ADV INJURY' 1$1,000,00 GENERALAGGREGATE t2 000 000 GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC AUTOrIOSaE LaelLrrY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NOWOMED AUTOS PRODUCTS- CONP/OP AOO s2,000,000 (B INGLE LIMB t BODILY INJURY P-er person) is BODILY INJURY For occident) t PROPERTY DAMAGE (Per acdderlq t t S A B X UMBRELLA we occEas LIAe X OCCUR CLAIMS-MADE NIA CU20521030201 6130/2010 112010 06130/2011 04101/2011 EACH OCCURRENCE s2.000.000 AGGREGATE s2 000 ooa DEDUCTIBLE X RETENTION s 0 AND WORKERS EWLOYER COMPENSATION LI LIABILITY AND EMPLOYERS' 1U161L1TY YIN � ANY PROPRIETOR1PARrNER/EXE � y� OFFICERIMEMBER EXCLUDED? , • , V n descr to NMI Xyes desvale utker DESCRIPTION OF OPERATIONS below - t X WC STATU• OTH- t E.L. EL EACH ACCIDENT $5O0 000 E.L. DISEASE = F•A FMPLOYEE s500 000 EL DISEASE - POLICY LIMIT 1 $500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Affidi ACORD 101, Additional Remarks ScMdWs, a mars space is reQelnd) Project: Contract 10 -5503 installation and Maintenance of Traffic Signals & Roadway Lighting Certificate Holder is Named as Additional Insured on a primary basis as respects to General Liability Only (See Attached Descriptions) rcorrrrn�rc u... w.-.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN County ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112 -7n t /CJ I918S5-ZUU9 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S446731/M446164 ERL Packet Page -1676- 2/14/2012 Item 16.E.1. < DESCRIPTIONS (Continued from Page 1) as needed by contract, per form CG 70 48 03 04. (Contractors Blanket Additional Insured Endorsement). Excess Liability Is above primary policies. •30 days cancellation notice, except 10 days for non - payment. AMS 25.3 (Z008109) Z of 2 #54467311M446164 Packet Page -1677- 2/14/2012 Item 16.E.1. .TRIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurancs provided under the following: COMMERCIAL GENERAL LUOUTY COVERAGE FORM AN of the terms, provisions, exclusions, and limitations of the overage form apply except as specifically stated below. SECTION U - VMO IS AN INSURED is amended to include as an insured any person or orgaN¢ation, called an. additional Insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2 Who is named as an additional Insured under this policy on a certificate of insurance. However, the written contract, agreement or owific:ate of Insurance must require additional insured status for a time period during the berm of this policy and be executed prior to the 'bodily injutY. 'property derna', `personal injury'. or'advettising injury giving rise to a claim under this policy. If, however, "your wait' was commenced under a letter of intent or work order, subject to a subsequent reduction to witting within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additionel.insured status as specified in this.endoreement . 3. if the addti6onal insured is: (a) An Individual, their spouse is also an additional Insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional Insurerd& (C) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, Joint venture or limited liability company, executive officers and directors of the organization are also additional Insureds. Stoddiotders are also additional insureds. but only with respect to their liability as stockholders. (6) A trust, you are an insured. Your trustees are also irmureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organbzdon Is only an additional insured with respect to liability arising out of. (a) Promises you own, rent, lease, or occupy, or (b) Your ongoing operations psrforrrred for that additional insured, unless the written contract or agreement or the oertiticate of insurance requires your work" coverage (or wording to the some effect) in which case the coverage provided shall extend to "your worle for that additional insured. Premises, as respects this provision, shag include common or public areas about such premises tf so required In the written contract or agreement. Ongoing operations, as respects this provision, does not apply to 'bodily injury/' or `property damage occurring after: (1) All work including materials, parts or equipment furnished in connection worth such work on the project (other then swvioe, maintenance or repairs) to be performed by or on behatf of the additional Insured(s) at the site of the covered operations has been completed; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2003 page 1 of 2 CG TO 48 03 04 Packet Page -1678- 2/14/2012 Item 16.E.1. (2) That portion of 'your work' out of which the Injury or damage arises has been put to its Intended use by any person or organb abort other than another contractor or subcontractor engaged in performing operations for a prWpai as a part of the same project. 2. The limits of insurance appom ble to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of Insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional Insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional Insured status provided by this endorsement does not extend beyond the expirgdon or termination of a promises lease or rental agreement, nor beyond the term of this policy. 4. Any person or orgaftelion who is an insured under the terms of this endorsement and who Is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall' have the benefit of the terms of this endorsement if the terms of this endorsement are broader. 5. If a written contract or agreement or a c refic ate of Insurance as outlined above requires that additional Insured . status be provided by the use of CG 2010 1185, then the terms of that endorsement, which are shown below, are Incorporated Into this endorsement as respects such additional Insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement; ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) -ThIs endorsement modifies insurance provided underthe.folb wing: _....___ COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Inswanoe that the terms of CO 20 1011 85 apply (If no entry appears above, information required to complete this endorsement YA be shown in the Declarations as applicable to this endorsemecrt.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your . work` for that Insured by or for you. Copyright, Insurance Services Office, Inc., 1884 CG 20 10 11 85 The insurance provided to the additional Insured does . not apply to "bodly injury*. 'property damage', "Personal Injury", or "advertising, Injury' arising out of an architects, engineer's, or surveyor's rendering of or foll re to render any professional services inducting but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written oor*act, agreement, or certificate of insurance requires that this Insurance be primary, in which case this Insurance will be primary without contribution from such other insurance available to the additional insured. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, inc. 2003 Page 2 of 2 CG 70 48 0304 Packet Page -1679- Co ,er County Administrative Services Division Purchasing August 19, 2011 2/14/2012 Item 16.E.1. AUG 3 G 20111 Mr. E.B. Simmonds, President E.B Simmonds Electrical, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 Fax: Email: Lyne@ebsimmondselectrical.com RE: Renewal of Contract # 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting" Dear Mr. Simmonds: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. Per your agreementicontract, you may at time of renewal request a price increase. If you are agreeable please indicate your intentions by providing the appropriate information as requested below: X I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. • Provide updated and current insurance certificate, and • Provide a copy of the company's Department of Homeland Security executed E- Verify profile page or memorandum of understanding. I am not agreeable to renewal of this contract. By your signature, this contract will be in effect from November 9, 2011 until November 8, 2012. Purling D"� • 3327 Tamiarri Trail East • Naples, Florida 341124901 • wwwcollinov.neVpurchasing Packet Page -1680- 2/14/2012 Item 16.E.1. Page 2 of 2 RE: Renewal of Contract # 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting" Please return this letter to the Purchasing Department with your response and insurance certificate at your earliest convenience. If you have any questions you may contact me at 239 - 252 -8407, email kathleenmullinsO- collierQov.net and fax 239 - 252 -2861. Best regards, A(41 9, � Steve Y. Carrell Director — Purchasing 1 General Services Y 53.E 1} F^�'tAR N d ulBX r1 l �'f� Y. i L 1tM 0r� F`` Oyu ! y� yi .n ..... y7 n..t' •: `. rZ ,a. l h�� L e7� kna i Aa qe�y. n Pa t6' f. ,ll u fl+ ,r Rp ','i _ :Y 2 4 ,aa a � r } 5 ce �cec�edi E .ieln"�yr,;� qv!! FAX Number 643-6873 Name of Company E . B . Simmonds Electrical Inc . Address 3750 Enterprise Ave. Suite 300 Company Signature -� (Corporate Officer Print Corporate Officer E. B. Simmonds Name Signature Date AuQnsi- 99, 7011 Y 53.E 1} F^�'tAR N d ulBX r1 l �'f� Y. i L 1tM 0r� F`` Oyu ! y� yi .n ..... y7 n..t' •: `. rZ ,a. l h�� L e7� kna i Aa qe�y. n Pa t6' f. ,ll u fl+ ,r Rp ','i _ :Y 2 4 Contact Name E . B . Simmonds Telephone Number (239) 643 -2770 FAX Number 643-6873 Email Address bernie @ebsimmondselectrical.com Address 3750 Enterprise Ave. Suite 300 Naples FL 34104 -3659 C: John Miller, Traffic Ops. i Packet Page -1681- .. 2/14/2012 Item 16.E.1. EXHIBIT A -3 '.• - - •anti 9 .:� *. 1 NCRWTP Main Electrical Switchgear Replacement COLLIER COUNTY BID NO. 11 -5747 COLLIER COUNTY, FLORIDA Design Professional: RKS Engineers Pudw*q Daps kft1.3327 Temiari Trail East • NwW, Floc 3411224901 • www.calNe uvx0Jpurchas4 1 Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1682- 2/14/2012 Item 16.E.1. TABLE OF CONTENTS PUBLICNOTICE ....................................................................................... ............................... 3 PART B - INSTRUCTIONS TO BIDDERS ...................................................... ............................... 5 CONSTRUCTIONBID ................................................................................ .............................15 BIDSCHEDULE ......................................................................................... .............................16 MATERIALMANUFACTURERS .................................................................. .............................17 LIST OF MAJOR SUBCONTRACTORS ......................................................... .............................18 STATEMENT OF EXPERIENCE OF BIDDER .................................................. .............................19 TRENCHSAFETY ACT ....... ............................... ............................... ..... .............................20 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ........................ .............................21 IMMIGRATION LAW AFFIDAVIT CERTIFI CATION ....................................... .............................22 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ............•••••• ............. ........................••••.23 BIDBOND ............................................................................................... .............................27 BIDDERSCHECK LIST ................................................................................ .............................30 CONSTRUCTIONAGREEMENT .................................................................. .............................31 EXHIBIT A: PUBLIC PAYMENT BOND ......................................................... .............................39 EXHIBIT A: PUBLIC PERFORMANCE BOND ................................................ .............................42 EXHIBIT B: INSURANCE REQUIREMENTS .................................................. .............................45 INSURANCE AND BONDING REQUIREMENTS ........................................... .............................47 EXHIBIT C:RELEASE AND AFFIDAVIT FORM ............................................... .............................49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..........................51 EXHIBITE: CHANGE ORDER ...................................................................... .............................57 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ........................... .............................59 EXHIBIT G: FINAL PAYMENT CHECKLIST .................................................... .............................61 EXHIBIT H: GENERAL TERMS AND CONDITIONS ........................................ .............................63 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ............................... .............................94 EXHIBIT J: TECHNICAL SPECIFICATIONS ................ ............:....................... .............................96 EXHIBITK: PERMITS ................................................................................. .............................97 EXHIBITL: STANDARD DETAILS ................................................................ .............................98 EXHIBIT M: PLANS AND SPECIFICATIONS ................................................. .............................99 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ............................100 2 Construction Services Agreement for Public Utilities: Revised 611/11 Packet Page -1683- 2/14/2012 Item 16.E.1. ft 6 . PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA NCRWTP Main Electrical Switchgear Replacement COUNTY BID NO. 11 -5747 Separate sealed bids for the construction of NCRWTP Main Electrical Switchgear Replacement, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 10th day of August, 2011, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 22nd day of July 2011, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via the Online Bidding System located at colliergov.netlbid. All questions will be answered in the Online Bidding System. The Engineer's Estimate for this project is $1,395,000.00 Dollars. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, NCRWTP Main Electrical Switchgear Replacement Bid No. 11 -5747 and Bid Date of August 10, 2011 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.colliergov.netfbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified, or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10)) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. 3 Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1684- 2/14/2012 Item 16.E.1. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents, All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtal-in such contractor's and business licenses,, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specked in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within five hundred ten (510) calendar days from and after the Commencement Date specked in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 8th day of July 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y Carnell Purchasing /General Services Director 4 Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1685- - 2/14/2012 Item 16.E.1. PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder' means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7. The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope 5 Construction Services Agreement for Public Utilities: Revised 611111 Packet Page -1686- 2/14/2012 Item 16.E.1. containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the. Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement for Public Utilities: Revised 611!11 Packet Page -1687- 2/14/2012 Item 16.E.1. Section 5. Sionino of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president,. or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legateffect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the County's On Line Bidding System at http: //bid.colliergov.net/bid /, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be issued on. the County's On Line Bidding System at http: //bid.colliergov.net/bid/ no later than three 7.. Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1688- 2/14/2012 Item 16.E.1. (3) working days prior to the date fixed for the opening of Bids. Such written addenda- shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory, Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. s Construction services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1689- 2/14/2012 Item 16.E.1. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement Specialist of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said s Construction Services Agreement for Public Utilities: Revised 611/11 Packet Page -1690- 4. 2/14/2012 Item 16.E.1. notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www colliergoV neVIndex.aspx ?paae =762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1601) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www. sun biz.ora /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and 10 Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1691- 2/14/2012 Item 16.E.1. responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non -local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non -local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection 11 Construction Services Agreement for Public Utilities: Revised 611/11 Packet Page -1692- - 2/14/2012 Item 16.E.1. fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capabilityy of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 153 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts 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, 12 Construction services Agreement for Public Utilities: Revised 611111 Packet Page -1693- 2/14/2012 Item 16.E.1. 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 specked 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. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a proiect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and, agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a 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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 19. Single Bid Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as 13 Construction Services Agreement for Public Utilities: Revised 6/1A I Packet Page -1694- 2/14/2012 Item 16.E.1. primary may not then act as a sub - contractor to any other firm submitting under the same ITB. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- contractor to any other firm or firms submitting under the same ITB. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. 14 Construction Services Agreement for Public Utilities: Revised 6/1 /11 Packet Page -1695- 2/14/2012 Item 16. E.1. BID SCHEDULE NCRWTP Main Electrical Switchgear Replacement Bid No. 11 -5747 15 Construction Services Agreement for Public Utilities: Revised 611111 Packet Page -1696- 2/14/2012 Item 16.E.1. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCRWTP Main Electrical Switchgear Replacement BID NO. 11-5747 Full Name of Bidder E 8 Simmonds Electrical Inc Main Business Address 3750 Enterprise Ave Suite 300 Napies FL 34104 -3659 Place of Business 3750 Enterprise Ave Suite 300 Naples FL 34104 -3659 Telephone No. (239) 643 -2770 Fax No. (239) 643 -6873 State Contractor's License # EC0000735 State of Florida Certificate of Authority Document Number K47793 Federal Tax Identification Number 65- 0086160 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this r Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specked or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. 16 Construction Services Agreement for Public Utilities: Revised 611/11 Packet Page -1697- 2/14/2012 Item 16.E.1. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 17 Construction Services Agreement for Public Utilities: Revised 611 /11 Packet Page -1698- - - -- — 2/14/2012 Item 16.E.1. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign sectio A R B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Date: 08/10/2011 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: 1s Construction Services Agreement for Public Utilities: Revised 6/1/11 Packet Page -1699- 2/14/2012 Item 16.E.1. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non- compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work 1. I & C 2. Subcontractor and Address BCI, Technologies 9300 Henderson Grade Road North Fort Myers, FL 33917 3. 1 Date: 08/10/2011 20 Construction Services Agreement for Public Utilities: Revised 5/1/11 Packet Page -1700- 2/14/2012 Item 16.E.1. STATEMENT'OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. SEE ATTACHED LIST 2. 3. 4. 5. 6. Dated August 10, 2011 E. B. Simmonds lectricai. Inc. er _r— BY: 21 Construction Services Agreement for Pubic Utilities: Revised 6/1111 Packet Page -1701- 2/14/2012 Item 16.E.1. Project: Collier County Public Utilities SCWRF Caterpillar Redundant Generator Service #1 and #2 Owner: Collier County Utilities Engineer. RKS Consulting Engineers Contract Amount: $467,859.00 Dates: start: September 2008 — completed: August 2009 Contact: Frank Inzano, P. E. Collier County Public Utilities Engineering Dept. Phone: (239) 732 -2597 or (239).591 -0186 Scope of Work: Furnish and install bulkheads and camlocks for emergency power hook -up generator hook -up Project: Redundant Emergency Power Hook -Up Owner: Collier County Engineer: Pelican Engineering Consultants, Inc., Tom Lepore, P.E Contract Amount: $552,000.00 Dates: start: various 2006; completed: 2007 Contact: David Holmes / Phone: (239) 774 -8380 Collier County Facilities Management 3301 Tamiami Trail East; Naples, FL 34112 Contact: Tom Lepore, P.E. / Phone: (239) 597 -7544 Email: tom @pelicanengineedng.com Scope of work: Furnish and install generator power and redundant generator hook -up at several county facilities located at Collier County Government Complex Main Campus and the Immokalee Justice Center. Project Name: Housing Development Corporation Village of Copeland Furnish and Install Three (3) Emergency Generators PEC 70809 Owner: Village of Copeland Utilities Engineer: Pelican Engineering, Thomas Lepore, P.E. Contract Amount: $163,259.00 Project Dates: Awarded February 23, 2009 - Completed: December 2009 Contact: Pelican Engineering, Tom Lepore, P.E. (239) 597 -7544 Scope of Work: Furnish and install emergency generators for lift stations and Water Plant Project Name: 1110 Brickell Avenue Owner. 1110 Brickell Condominium Association Engineer. Pelican Engineering, Thomas Lepore, P.E. Contract Amount: $55,000.00 Project Dates: Start: October 1, 2008 — Complete: November 26, 2008 Contact: Emilia Nabais, C.A.M, Phone: (305) 377 -3563 email: 1110brickellassogbellsouth.net Scope of work: Furnish and install temporary electrical wiring. Packet Page -1702- 2/14/2012 Item 16.E.1. Project: Electrical, SCADA and Telemetry Upgrades at Wastewater Pump Station Sites Owner. Collier County Utilities Engineer. RKS Consulting Engineers; Tracy Prokopetz, P.E. Contract Amount: $474,999.00 Contact Tracy Prokopetz, P.E. Phone: (239) 481 -6775; Email: tracvoft-rksenaineers.com Dates: Start Date: April, 2010 — Completion Date: July 2011 Scope of Work: Electrical Upgrades at thirteen (13) SCADA wastewater pump station sites. Work includes new electrical service, all grounding, and lightning protection. Project: Collier County Public Utilities Engineering Department Collier County Master Pump Station 302 Generator Contract 08 -5078 Owner: Collier County Utilities Engineer: Q. Grady Minor & Associate Contract Amount: $105,380.00 Project Dates: Awarded February 6, 2009 - completed date: March, 2010 Contact: Sandy Sridhar, P.E., Collier County Public Utilities Phone: (239) 252 -5345 Scope of work: Furnish and install generator for master pump station and upgrade electrical Dated August 10, 2011 E B Simmonds Electrical, Inc. Bidder �J BY: Z2Ar Packet Page -1703- - 2/14/2012 Item 16. E.1. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L1 F, SY) NIA 1. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. Dated August 10, 2011 E. B. Simmonds Electrical, Inc. Bidder BY: 22 Construction Services Agreement for Public utilities: Revised 611111 Packet Page -1704- 2/14/2012 Item 16.E.1. C& cater s� AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS BID #:11 -5747 (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ® Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A'local business' is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ®Collier County or ❑ Lee County: 1982 Number of Employees (Including Owner(s) or Corporate OfFcers):_21 Number of Employees Living in ® Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):_,19 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Company Name: E.B. Simmonds Electrical, Inc. Date: August 10, 2011 Collier or L Signature: STATE OF FLORIDA ® COLLIER COUNTY ❑ LEE COUNTY Sw m to and Subscribed Before Me, a Notary Public, for the above State and County, on this �� Day of 20-,L—. C Nyla Dawn E man Notary Public Notary Public Stagy or Florida // Nyla Down Ewnan M Commission Expires: ti" $ My Commrosbn DD7988ti7 Y Pa�d� Ezpine06lO8R012 AFFIX OFFICIAL SEAL) Packet Page -1705- 23 Construction Services Agreement: Revised 5/12011 2/14/2012 Item 16.E.1. Coker cots A*T rwa" saran om, Immigration Law Affidavit Certification Solicitation 0 and Title:11.5747 NCRWTP Main Electrical Switchgear Replacement This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable Collier County will not Intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "fNK). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's ! Bidder's proposal. Company Name E. B. Simmonds Electrical Inc. Print Name E. B. Simmoods Title President Signature Date August 10, 2011 State of Florida County of Collier The foregoing instrument was signed and acknowledged before me this 0th day of August 2011, by E. B. Simmonds who has produced FL DL $553- 202 -53 -180-0 as identification. Printer Ty flame) (Type of Identification and Number) -L'� �' 7 3 i Nota ublic Signature =0=0180012 e d Florida Nvla Dawn Elman �/� Punted Name of Notary Public c �o74s967 a ^Ar 2 DD795867 / 06/0812012 Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 24 Construction Services Agreement Revised 8/112011 , Packet Page -1706- EmployerWizard 2/14/2012 Item 16.E.1. Page 1 of 1 user w Last Uvin . . Em ent El foil4 of �f!il".- Don, p10 Lyme Simnronds LSIM1243 11:46 AM - 102312010 Log Out "°m° Company Information My Cases - - s New Case l; ' Company Name: E. B. Simmonds Electrical, Inc. i View Cases Doing Business As (DBA) Name: E. B. Simmonds Electrical, Inc. My Profile Edit Profile ; DUNS Number. 112958103 !: Change Password __ ... Physical Location imJ w na dr. =&Q addim. the u d e eatwn whwe du v■Ambn au.d•• wni b. p.dommedd Change Security Questions , - - Address 1: 3750 Enterprise Avenue Suite 300 My Company Edit Company Profile Address 2: Add New User City: Naples s View Existing Users State: FLORIDA w Close Company Account Zip Code: 34104 -3659 s My Reports County Parish: COLLIER ' View Reports My Resources Mailing Address (AOVwe ff dmmnttrom prrmk;w wawn.) View Essential Resources - - -.... ......___ _.... ; Address 1: Take Tutorial Address 2: j View User Manual -- -- — - — - .....--- — ..._._._. _.... City: ' Contact Us - -- — ..... - -- State: Zip Code: Additional information Employer identification Number. s (also known as Federal Tax ID Number) 650086160 _.. ... Total Number of Employees: -- (including full -time, part-time, and seasonal 10 to 19 employees of the site(s) being verified for) Parent Organization: Administrator. Organization Designation Employer Category: None of these categories apply SeanCh•.: ;Ed'it U.S. Department of Homeland Security _ www.dhs.gov U.S. Citizenship and Immigration Services • www.uscis.gov Acceaaiblity Download Viewers https:// e- verify. uscis .gov /emp/EmployerWizard -aspx Packet Page -1707- 11/3/2010 2/14/2012 Item 16.E.1. Co iPer Co>rrnty AdrrviWaa+o se'VIM ONOW COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers If used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name _ E. B. Simmonds Electrica (as shown on income tax return) Business Name (if different from taxpayer name) Address 3750 Entemrise Ave. Suite 300 City Naples State FL Zip 34104 -3659 Telephone (239) 643 -2770 FAX (239) 643 -6873 Email eb ebsimmondselectrical.com Order Information Address 3750 Enterprise Ave. Suite 300 City Naples State FL Zip 34104 FAX (239) 643 -6873 Email iohn(W-ebsimmondselectrical com _ 2. Company Status (check only one) Remit / Payment Information Address 3750 Enterprise Ave. Suite 300 City Naples State FL Zip_34104 -3659 FAX (239)643-6873 Email Nme0ebsimmondseleSarical.com Individual / Sole Proprietor X Corporation Partnership _Tax Exempt (Federal income tax- exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded En . , C = CoWralion, P = Partnershl 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 65 -0086160 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under allies of perjury(, I certify that the infomragm shown on this form is comE>d to my knowledge. Signature tow— Date August 10, 2011 Title President Phone Number 39) 643 -2770 25 Construction Services Agreement: Revised 8/1/2011 Packet Page -1708- 2/14/2012 Item 16.E.1. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within four hundred twenty (420) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within forty five (45) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period, Respectfully Submitted: State of Florida County of Collier E B Simmonds , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. E. B. Simmonds also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 26 Construction Services Agreement: Revised 61112011 Packet Page -1709- 2/14/2012 Item 16.E.1. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of E.B. Simmonds Electrical. Inc. and the full names of its officers are as follows: President E. B. Simmonds Secretary Lvne Simmonds Treasurer Lvne Simmonds Manager. The je a the Figesd te, GigA e.QAAtR'GtaQA hie.l� (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is 27 Construction Services Agreement Revised 6112011 Packet Page -1710- 2/14/2012 Item 16.E.1. Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED August 10-2011 E B Simmonds Electrical, Inc. STATE OF Florida legal entity BY: E. B. Simm ds Name f B' er (Typed) Signature President Title COUNTY OF Collier The foregoing instrument was acknowledged before me this � day of k u :s t , 2011, by i" B. :Si rv)rnovlois , as t'resident of C. 3. S, rn m c s+ cl S Cl e c t r i c a.) . Trt c. , a r l o r� d o.. corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (v I� (Sig ure of Notary) NAME: Nyla Dawn Elman gibly Printed) „fin y =mmission Florida tP AFFIX OFFICIAL SEAL oeea� rY ( ) �, N to Public, State of Florida mmission No.: DD795867 28 Construction Services Agreement Revised 6/1/2011 Packet Page -1711- 2/14/2012 Item 16.E.1. BUSINESS CONTACT INFORMATION E. B. Simmonds Electrical Inc. (Firm's Complete Legal Name) Main Business 3750 Enterprise Ave. Suite 300 (Address) Naples FL 34104 -3659 (City, State, ZIP) Contact Name E. B. Simmonds Phone No. (239) 643 -2770 Title President FAX No. (239) 643 -6873 Email address: ebs(cDebsimmondselectrical.com ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY If different from above) (Company Name used as Payee) Contact Name Title Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) Contact Name Title (Address) (City, State, ZIP) Phone No. FAX No. Email address: (Address) (City, State, ZIP) Phone No. _ FAX No. _ Email Address: 31 Construction Services Agnwment Revised 8/112011 Packet Page -1712- 2/14/2012 Item 16.E.1. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces Indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed. 8. Certificate of Authority to Conduct Business in State of Florida. 9. Collier County's Substitute W -9 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 11. Any addenda have been signed and included. 12. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 13. The mailing envelope must be sealed and marked with: c*Bid Number; 11 -5747 raProject Name; NCRWTP Main Electrical Switchgear Replacement <*Opening Date. 14. The Bid will be mailed or delivered in time to be received no later than the specified openina date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET EA. Simmonds Bid r me -- President Signature it e DATE: August 10 2011 32 Construction Services Agreement Revised 6/1/2011 Packet Page -1713- 2/14/2012 Item 16.E.1. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we E.B. Sinmonds Electrical, Inc. Naples, FL (herein after called the Principal) and Lexon Insurance CLag v , (herein called the Surety), a corporation chartered and existing under the laws of the State of TX with its principal offices in .the city of Woodridge, IL and authorized to do business in the State of FL are held and firmly bound unto the Collier county Board of =i Gai onerc . (hereinafter called the Owner), in the full and just sum of Eighty Thousand dollars ($ 80, 000.00 ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as NCRWrP Main Electrical Switchgear NCRWTP Main Electrical Swltchgear Replacement Bid No. 11 -5747 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $_80,000.00 noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 10th day of August , 2011. E.B. Simmmas Electrical, Inc. Principal BY (Seal) Surety BY (Seal) '8urt5h- Harris, Florida Resident Agent Local Resident Producing Agent for Burtm Harris 10131 S.W. 40th St. Miami, FL 33165 Packet Page -1714- 2/14/2012 Item 16.E.1. POWER OF ATTORNEY Lx- 094094 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Ted Sherman, Craig Sherman, Judy Blaige, Karen Genciff * * * * * *# its true and lawful Attomey(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON, INSURANCE COMPANY on the t at day of July, 2003 as follows: Resolved, that the President of the Company Is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as ff they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and bindin g on the Company. such wer so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this Instrument to be signed by its President, and Its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY (t TEXAS " -'o ElINSURANCE BYCOMPANY 's_ President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly swum, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. K "OI i S$ MAIIRESURFE .TI AY L? Notary Public, State of Illinois Maureen K. Aye CERTIFIC E My Commission Expires 09/21/13 Notary Public AT I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Oth Signed and Sealed at Lombard, Illinois this 1 Day of August 20—L-- A INSURANCE `➢ L('Nr(�1 COMPANY iZ Donald D. Buchanan " Secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, flies an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact materl- _, ,.... I+* A fraudulent insurance act. which is a crime and subjects such person to criminal and civil pertaltfea." Packet Page -1715- - 2/14/2012 Item 16.E.1. COIL City Email: ScottJohnson@colliergov.net Telephone: (239) 252 -8995 Adrnirft&e Sermw Division FAX: (239) 252 -6588 Phasing ADDENDUM1 Memorandum Date: August 4, 2011 From: Scott D. Johnson To: Interested Bidders Subject: Addendum #1 Solicitation # and Title 11 -5747 NCRWTP Main Electrical Switchgear Replacement The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: 1. sequence of construction information to be added to specification 2. Include an additional allowance for "Allowance for services performed by FPL on vault" for $5,000, which will include: a. Step 1: Remove both bus ties in FPL vault, leave one bus de- energized and grounded for switchgear replacement. (Estimated 1 showup and 16 manhours for two man crew) b. Step 2-4: Re- energize first transformer switched out, then sequentially switch out next 3 transformers over 3 visits. (Estimated 3 showups and 6 manhours) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Please sig7�below and retu" copy of this Addendum with your submittal for the above referenced E. B. Simmonds Electrical, Inc (Name of Firm) Packet Page -1716- August 10, 2011 Date AddotumTampfate Reviswd: 4115110 1 2/14/2012 Item 16.E.1. State of Florida Department of State I certify from the records of this office that E. B. SIMMONDS ELECTRICAL, INC. is a corporation organized under the laws of the State of Florida, filed on November 29, 1988. The document number of this corporation is K47793. I further certify that said corporation has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on February 11, 2011, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Fifth day of August, 2011 Secretary of State Authentication ID: 700210776917 -080511 - K47793 To authenticate this certificate ,visit the following site, enter this ID, and then follow the instructions displayed. https:He file .sunbiz.org /certauthver.html Packet Page -1717- 2/14/2012 Item 16.E.1. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with E.B. Simmonds Electrical, Inc. ( "Contractor ") of Naples FL, a Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with NCRWTP Electrical Switchgear Replacement, Bid No. 11 -5747 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by RKS Consulting Engineers, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: One million four hundred ninety seven one hundred ninety five dollars and forty -eight cents. ($1,497,195.48) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 31 Construction Services Agreement Revised 6/1/2011 Packet Page -1718- 2/14/2012 Item 16.E.1. underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas..qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. 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. Contractor shall achieve Substantial Completion within four hundred twenty (420) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional 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. Contractor shall achieve Final Completion within forty five (45) calendar days after the date of Substantial Completion.' Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One thousand one hundred ten dollars and six cents ($1,110.06) for each calendar day thereafter until 32 Construction Services Agreement Revised 6/1/2011 Packet Page -1719- 2/14/2012 Item 16. E.1. Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. 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. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and 33 Construction Services Agreement: Revised 6!1!2011 Packet Page -1720- - 2/14/2012 Item 16.E.1. accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non - delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by RKS Engineers and identified as follows: NCRWTP Main Electrical Switch Gear Replacement as shown on Plan Sheets 1 through 12. Exhibit N: Contractor's List of Key Personnel Section i. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Jason Tomasetti Collier County Public Utilities 3339 Tamiami Trail East Naples FL 34112 Tel: 2391252 -8836 Fax: 239/252 -7? ?? 34 Construction services Agreement: Revised 611/2011 Packet Page -1721- 2/14/2012 Item 16.E.1. Email: JasonTomasetti (&- colIiergov.not. B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: E. B. Simmonds Electrical, Inc. Attn: E.B. Simmonds, President 3750 Enterprise Ave Suite 300 Naples, FL 34104 Tel: 239/643 -2770 Fax: 239/643 -6873 Email: ebsO- ebsimmondselectrical.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the.Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. 35 MMMMik Construction Services Agreement: Revised 6/1/2011 Packet Page -1722- - 2/14/2012 Item 16.E.1. Section 11. Governin4 Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this .Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum ' (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the 36 Construction Services Agreement~ Revised 6!1/2011 Packet Page -1723- -- 2/14/2012 Item 16. E.1. Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 37 Construction Services Agreement: Revised 6112011 Packet Page -1724- 2/14/2012 Item 16.E.1. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNE�SES t.Simmonds lectrical, Inc. By: FIRST WITNESS E. B. Simmonds President Jean winch Type /Print Name and Title Type /Print Name SE OND WITNESS Kim Sasak Type /Print Name Date: cl 311 ATTEST:.., D►i,q i� �Broc�Q BY fit. T ;iAP {off o F,Om andg$ii� Y.. 9; ant County Attorney DEPUTY SCOTT R. TEACH OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: luk CLERK Fred W. Coyle, Chai n 38 construction Services Agreement Revised 611J2011 Packet Page -1725- 2/14/2012 Item 16.E.1. EXHIBIT A: PUBLIC PAYMENT BOND NCRWTP Main Electrical Switchcdear Replacement Bond No. 1061449 Contract No. 11 -5747 KNOW ALL MEN BY THESE PRESENTS; That E B Sirtrnonds Electrical, Inc. as Principal, and _I,exon Insurance Company as Surety, located at 900 S Frontage Rd., #250 - woodridge, IL 60517 (Business Address) are held and firmly bound to The Board of county Com issioners of Collier as Obligee in the sum ofOne Million Flour Hundred Ninety Seven One Hundred Ninety °oUnttY ($1,497,195.48 ) for the payment whereof we bind ourselves, our heirs, executors, Five personal personal representatives, successors and assigns, jointly and severally. 48/100 WHEREAS, Principal has entered into a contract dated as of the I'-1 day of 2011, with Obligee for NcRWTP Electrical Switchgear Replacement, Bid No. in accordance with drawings and specifications, which 11 -5747 contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal.: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal. sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 26th day of _ Sept. 2011, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 39 Construction services Apreemsnl' Revised 6/112011 Packet Page -1726- Signed, sealed and delivered in the pr sence of: fiVW >d Witnesses as to Principal STATE OF Florida _ COUNTY OF Collier 2/14/2012 Item 16.E.1. PRINCIPAL E B Sirmtonds Electrical, Inc. BY: NAME: E. B. simmonds ITS: President The foregoing instrument was acknowledged before me this 28 day of September 20 11, by E. B. Simmonds _ as President of E. B. Simmonds Electrical Inc a Florida corporation, on behalf of the corporation, a she is persona y nown To OR has produced _ as identification and di td not) take an oath. My Commission Expires: 06/08/2012 ( ig ature "of Notary) 40 construction services Agreement: Revised 6/112011 Packet Page -1727- Notary Public State of Florida NAME: Nyla Dawn Elman Nyla Dawn Elman y My CommissionDDi85867 4tp Expires 06108 /2 01 2 (Legibly Prinled) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD795867 ATTEST: SURETY: Lexon Insurance Company (Printed Name) 900 S Frontage Rd., #250 Woodridge, IL 60517 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 40 construction services Agreement: Revised 6/112011 Packet Page -1727- itnesses ' Helen Nadirsha STATE OF IL COUNTY OF Cook The foregoing instrument was Sept. , 2011, ay At r ey -in- F acF- Surety, on behalf of Surety, Hey Illinois Driver's License take an oath. My Commission Expires: 2/14/2012 Item 16.E.1. OR. As Attorney in Fact (Attach Power of Attorney) Ted Shermatn (Printed Name) 6160 N Cicero Ave., #610 Chicago, IL 60646 (Business Address) 773 - 736 -2320 (Telephone Number) acknowledged before me this 26t-h day of Ted Sherman , as of Lemon Insurance Company 'She is 'personally known to me OR has produced as identification and who did (did not) (Signature) Name: Karen N GeMff (Legibly Printed) '(AFFIX OFFICIAL SEAL) Notary Public, State of: IL Commission No.: 297992 OFFlCIA SEAL KAREN N. OENOFF NOTARY PUBLIC - STATE OF U NN MY OOMM SSION EXPIRES APRIL & 2014 Al --- Construction Services Agreement: Revised 6/1/2011 Packet Page -1728- i 2/14/2012 Item 16.E.1. EXHIBIT A: PUBLIC PERFORMANCE BOND NCRWTP Main Electrical Switchgear Replacement Bond No. 1061449 Contract No. 11 -5747 KNOW ALL MEN BY THESE PRESENTS: That E B simmnds Electrical, Inc. as Principal, and Lemon Insurance ComPanY as Surety, located at 900 S Frontage Rd., #250 - Woodridge, IL 60517 (Business Address) are held and firmly bound to The Board of County commissioners of Collier County as Obligee in the sum of one Million Four Hundred Ninety Seven One Hundred Ninety Five Dollars 46/100 ($1,497,195.48 * * *) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ],;�____� day of iern�P,C' 2011, with Obligee for lectrical Switchgear Replacement, Bid No. 11 -5747 in accordance with drawings and specifications, which contract is incorporated t)y reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3, Performs the guarantee of all work and materials furnished under the Contract for the. time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. 42 Construction Services Agreement: Revised 61112011 Packet Page -1729- 2/14/2012 Item 16.E.1. This instrument shall be construed in all respects as a common law bond: It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more 'than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above. parties have executed this instrument this 26th day of Sept. 2011, the name of eacii party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the preZ of: �,_Vwk' Witnesses as to Principal STATE OF Florida COUNTY OF Collier PRINCIPAL E B simlids Electxica , Inc. BY: NAME: E. B. Simmonds ITS: President The foregoing instrument was acknowledged before me this 28 day of September 1 2011, by E. B. Simmonds , as President of E, B. Simmonds Electrical, Inc. , a Florida corporation, on behalf of the corporation, He /she is personally known to me OR has produced as identification and did (did not) Z an oath. My Commission Expires: 06/08/2012 /,11� ,�)_ 'In ► Notary Puhlic State OfFlorida ( i ature) 040 ? Nyla Dawn Elman �Qr My CommissionDD795867 Name; Nyla Dawn Elman Expires 06106120t2 (Legibly Printed) -(AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD795867 43 Construction Services Agreement: Revised 611!'.011 Packet Page -1730- - -. - --_ --- ATTEST: .Witnesses as to Surety w itnesse Helen Nadirsha STATE OF IL COUNTY OF Cook 2/14/2012 Item 16.E.1. SURETY: iamn Insurance Company (P(nted Name) _ 900 S Frontagg Rd., Woodridge, IL 60517 (Business Address) (Authorized Signature) (Printed Name) OR I alt. As Attorney in Fact (Attach Power of Attorney) Ted Sherman (Printed Name) 61 �0 N Mme' -ro�iY? - � if{ 610 Chicago, IL 60646 (business Address) 773 - 736 -2320 (Telephone Number) The foregoing instrument was acknowledged before me this 26th day of Sept.. 2011. by Ted Sherman as Attorney -in -Fact of Lexon Insurance Company , a Surety, on behalf of Svefy, He/She is personally known to me OR has produced Illinois Driver's License as identific Lion and who did (did n I t ke an oath. My Commission Expires: Signature) Name: Karen N Genoff (Legibly Printed) (AFFIX OFFICIAL SEAL) OFFM 3M KAp N pEWF NOTARY PUBLIC -&TATS OF IWliK)IS MY ONM I N1 EXPIRES APRIL b, 20i4 Notary Public, State of: IL Commission No,: 297992 {4 donsuualon Services Agiodment; Revised 8/1/2011 Packet Page -1731- I, ,. , 2/14/2012 Item 16.E.1. POWER OF ATTORNEY Lexon Insurance Company 094772 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office In Louisville, Kentucky, does hereby constitute and appoint; Ted Sherman, Craig Sherman, Judy Blaije, Karen Genoff . its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Hoard of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of Indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two - million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company, Any Attorney -in -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be aff ixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY A TEXAS INSURANCE BY ��< ANCE z COMPANY N, David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he Is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above Instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. MAUR"OFFICIAL SEAT" MATJREI.N iV K. AYE Notary Public, State of Illinois My Commission Expires 09121/13 -� Maureen K. Aye CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been re_ voked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 26th Day of Sept. , 20 i A TEXAS NMO INSURANCE COMPANY )- Z Donald D. Buchanan »...» Secretary "WARNING; Any person who knowingly and with Intent to defraud any insurance company or other person, files an application for Insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi- al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Packet Page -1732- 2/14/2012 Item 16.E.1. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, .agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate; require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. CoverageLsl shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation whichever is longer. 45 Construction Services Agreement: Revised 6M/2011 Packet Page -1733- -- - - - - -- 2/14/2012 Item 16.E.1. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 46 Construction Services Agreement: Revised 6/1/2011 Packet Page -1734- 2/14/2012 Item 16.E.1. Collier County Florida INSURANCE AND BONDING REQUIREMENTS s> lall �.a.nwti.. IAt►t� oWorker's tatutepter..,,.� _._.__ 1. ® statutory Limits of Flond Statutes, Chapter 440 and all Federal Government *a Florida i Statutory Limits Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $2,000.000 single limit per occurrence current ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier from any and all liabilities, damages, losses County, its officers and employees and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone ContractorNendor /Consultant in the performance employed or utilized by the of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may or described in this paragraph. This be available to an indemnified party person section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1 000.000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as F-1 Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker"s Act coverage shall be maintained where applicable to the completion of the work. Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate [] Project Professional Liability ❑ Valuable Papers Insurance $ Per Occurrence Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the 47 Construction Services Agreement: Revised 6/1/2011 Packet Page -1735- 7 2/14/2012 Item 16.E.1. County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 21 Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone 48 Constniction Services Agreement Revised 611/2011 Packet Page -1736- 2/14/2012 Item 16.E.1. DATE (MMIDDN YYY) Acorto' CERTIFICATE OF LIABILITY INSURANCE 9/21/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS BELOW. THIS DCERTI CERTIFICATE INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN OT E ISSUING INSURER(S), UT 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 FAX 3ulfshore Insurance, Inc. PHONE - - - 1100 Goodlette Rd N MaL lames FL 34103 -3303 _..___,_..«s... �n.,eo.ec NAICI INSURED EBSIM E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples FL 34104 OVERAGES CERTIFICN iPr%ngIAN NUMBER: L` IC IYumgjGm..LUAI /t$4,3tl4 THIS IS TO CERTIFY THAT THE POLICIES OF IN LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LrUBRJ POLICY EFF POLICY EXP LIMITS INSR LTR TYPE OF INSURANCE 1 R POLICY NUMBER MMID D A GENERAL LIABILITY 3LZ052102020010 /30/2011 /30/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY Ea E$300, 000 CLAIMS -MADE a OCCUR MED EXP (An one person) 00 PERSONAL &ADV INJURY 51,000 000 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMPIOPAGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X PR0. LOC JECI A AUTOMOBILE LIABILITY CA20520960201 /30/2011 /30/2012 Eaacddent 1,000,000 BODILY INJURY (Par person) $ .,, X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BODILY INJURY (Per accident) $ PROPERTY DA MA E per accident $ $ % UMBRELLA LAS EXCESS LAB x OCCUR CLAIMS -MADE CU20521030401 C2075563 /30/2011 /1/2011 /30/2012 /1/2012 EACH OCCURRENCE $2000000 AGGREGATE $2000000 X WC STATU- OTH- S DED X RETENTION SD WORKERSCOMPENSATION E.L. EACH ACCIDENT $500 000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERJMEMBER EXCLUDED? (Mandatory In NH) V es, descilbe under DESCRIPTION OF OPERATIONS below N f A E.L. DISEASE - EA EMPLOYE $500, D00 E.L DISEASE - POLICY LIMIT $500,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addrdonal Remarks Schedule, Ir mare sPaae Is requusd) Certificate Holder is named as Additional Insured on a primary & non - contributory basis with respects to General Liability only as needed by contract per CG7048 0304, which includes Waiver of Subrogation per CG7049 0905. Includes ongoing and completed operations. Additional Insured and Waiver of Subrogation in favor of the Certificate Holder with respects to Automobile Liability per form CA7171 0508. Waiver of Subrogation under Workers Compensation in favor of Certificate Holder as needed by contract per WC000313 0484. The Umbrella extends the limits of the General Liability, Automobile Liability, and Employers See Attached... Collier County Board of County Commissioners 3299 Tamiami Trail East Naples FL 34112 -5746 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /%. A� (M IORR -7n'I n ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Page -1737- AGENCY CUSTOMER ID: EBS IM LOC 0: AC ADDITIONAL REMARKS SCHEDULE 2/14/2012 Item 16.E.1. Page L_ of l AGENCY NAMED WSURED Gulfshore Insurance, Inc. E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples FL 34104 roucrNUMeER CARRIER NAIL CODE EFFECTIVE DATE; THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability. Project: Collier County 11 -5747 NCRWTP Main Electrical Switchgear Replacement ACORD 101 (2008(011 lQ 200E ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACORD Packet Page -1738- 2/14/2012 Item 16.E.1. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II - WHO IS AN INSURED Is amended to Include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as.an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional Insured under this policy on a certificate of insurance. However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily Injury, "property damage ", "personal Injury', or "advertising Injury" giving rise to a clalrn under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional Insured status as specified In this endorsement. 3. If the additional Insured is: (a) An individual, their spouse. is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also Insureds, but only with respect to their duties as trustees. The insurance provided to the -additional insured is limited as follows: 1. That person or organization is only an additional Insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of insurance requires 'your work" coverage (or wording to the some effect) in which case the coverage provided shall extend to "your work" for that additional insured. Premises, as respects this provision, shall Include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring aftec, (1) All work including materials, parts or equipment Furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed: or Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright Insurance Services Office, Inc., 2003 CG 70 48 03 04 Page 1 of 2 Packet Page -1739- 2/14/2012 Item 16.E.1. (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor enga �. operations for a principal as a part of the same project. ged in performing 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or In the certificate of Insurance or in the Declarations for this policy. if you also carry an Umbrella policy, and the written contract or agreement or certificate of Insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified In the Declarations of this policy. The limits of Insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown In the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy, 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, If attached to this potion, Shari have the benefit of the terms *of this endorsement if the terms of this endorsement are broader. 5. If a written contract or agreement or a certificate of Insurance as outlined above requires that additional Insured status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to .the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 2010 1185 apply (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. Copyright, insurance Services Office, Inc., 1984 CO 20 10 11 85 The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal Injury", or "advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to agreement, or certifithe additional insured whether primary, excess, contingent, or on any other basis unless the written contract, certificate of Insurance requires that this insurance be primary, in which case this insurance be primary without contribution from such other insurance available to the additional insured. will - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright Insurance Services Office, Inc. 2003 CG 70 48 03 04 Packet Page -1740- 2/14/2012 Item 16.E.1. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR.RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed. 4 -84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." "This endorsement does not apply to policies in Missouri where the employer is in the construction i group of coda classifications. According to Section 267.150(61 of the Missouri Statues, a I contractual provision purporting to waive subrogation rights is against public policy and void where ! one party to the contract is an employer in the construction group of code classifications.' This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company WC 00 03 13 lEd. 4-84) Countersigned by Copyright 1983 National Council on Compensation Insurance. Packet Page -1741- own Form a 0wftm i1"ordw No. 144806 2/14/2012 Item 16.E.1. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 7. of this endorsement amend the policy as follows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. POLLUTION'- HEATING AND AIR CONDITIONING EQUIPMENT Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to "Bodily injury" if sustained within a building that is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the building. 3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID CREW) Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows: (6) An aircraft that you do not own that is: (a) Hired; (b) Rented; or (c) Loaned to you; with paid crew for a period of five (5) consecutive days or less. Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage" liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other basis. 4. PREMISES ALIENATED A. Exclusion J. Damage to Property, paragraph (2) is deleted. B. The following paragraph is also deleted from Exclusion J. Damage to Property: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you 5. PROPERTY DAMAGE LIABILITY -ELEVATORS AND SIDETRACK AGREEMENTS A. Exclusion J. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators. B. Exclusion k. Damage to Your Product does not apply to: I. The use of elevators; or 2. Liability assumed under a sidetrack agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 1 of 9 Packet Page -1742- 2/14/2012 Item 16.E.1. 6. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion J. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. B. With respect to any one borrowed equipment item, provision 6.A. above does not apply to "property damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 7. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" of "your product ". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product ", which has been recalled, by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your product(s)" that have no known or suspected defect solely because a known or suspected defect in another of "your product(s)" has been found. B. Under SECTION 111— LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and paragraph 8. is added: 3. The Products- Completed Operations Aggregate Limit is the most we will pay for the sum of a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY because of "bodily injury" and "property damage" included in the "products - completed operations hazard" and b. "Product recall expenses ". 8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. The insurance afforded by provisions 1. through 7. of this endorsement is excess over any valid and collectible insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION IV., paragraph 4. Other Insurance is changed accordingly. 8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and 1.d. are deleted and replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 2 of 9 CG 70 49 09 05 Packet Page -1743- 2/14/2012 Item 16.E.1. ' 10. BROADENED WHO IS AN INSURED SECTION 11- WHO IS AN INSURED is deleted and replaced with the following: 1. If you are designated In the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also Insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while In the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(8) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services except as provided in provision 11. of this endorsement. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker'), or any organization white acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. CG 70 49 09 05 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Packet Page -1744- Page 3 of 9 2/14/2012 Item 16.E.1. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They ere legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work contract" that such person or organization be made an insured under this policy. However, such person or organization shall be an insured only with respect to covered "bodily injury," "property damage," and "personal and advertising injury" that results from 'your work" under that "work contract." The coverage afforded to such people or organization will continue only for a period of thirty (30) days after the effective date of the applicable „ work contract” act or, until the end of the policy term, whichever is earlier. However, if you report to us within the 30 -day period stated above the name of the person or organization, as well as the nature of the "work contract" involved, the coverage afforded under this Coverage Form to such people or organization shall continue until the expiration of this policy. This paragraph f. does not apply if form CG 70 4B, Contractors Blanket Additional Insured Endorsement, is attached to the policy. g. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. However, no state or political subdivision is an insured with respect to: (1) 'Bodily injury", "property damage ", and "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products- completed operations hazard." I. Any person or organization who is the lessor of equipment leased to you to whom you are obligated by virtue of a written contact to provide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use by you of such equipment. However, no such person or organization is an insured with respect to any "occurrence' that takes place after the equipment lease expires. j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of your premises or "your work." However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specification; or (2) Supervisory, inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 4 of 9 � CG 70 49 09 05 Packet Page -1745- 2/14/2012 Item 16.E.1. This paragraph J. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises or land leased to you. However, no such person or organization is an insured with respect to: (1) Any "oecurrence" that takes place after you cease to occupy that premises, or cease to lease the land; or (2) Structural alteration, new construction or demolition operations performed by or on behalf of that person or organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded until the end of the policy period. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, is an insured but only with respect to "bodily injury" or "property damage" arising out of "your products" that are distributed or sold in the regular course of the vendor's business. However, no such person or organization is an insured with respect to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product" made intentionally by the vendor, d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products ": f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your product "; g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. This insurance does not apply to any insured person or organization from which you have acquired "your products ", or any ingredient, part of container, entering into, accompanying or containing "your products ". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 05 Page 5 of 8 Packet Page -1746- 2/14/2012 Item 16.E.1. 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical services, provided that you are not engaged in the business or occupation of providing such services, and your "employee" does not have any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Under SECTION III - LIMITS OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as follows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. 13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD A. The requirement under SECTION 1- COVERAGE C MEDICAL PAYMENTS that expenses be incurred and reported to us within one year of the date of the accident Is changed to three years. B. SECTION III - LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTION III - LIMITS OF INSURANCE and is the greater of: 1. $10,000; or 2. The amount shown in the Declarations for Medical Expense Limit, C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Form or by endorsement, 14. LEGAL LIABILITY (SPECIFIC PERILS) A. The word fire is changed to "specific perils" where It appears in: 1. The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.11b. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a "specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $300,000; or 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14, does not apply if the Damage To Premises Rented To You Liability of SECTION 1- COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and paragraphs e. and f. are added as follows: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members, "executive officers ", directors, or managers has knowledge of the "occurrence" or offense. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 6 of 9 CG 70 49 09 05 Packet Page -1747- 2/14/2012 Item 16.E.1. (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this 'occurrence" to us as soon you become aware that this "occurrence" may be a liability clalm rather than a workers compensation claim. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall' that may result in "product recall expense': (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under the insurance. 16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6. Representations is deleted and replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy Is void in any case of fraud by you as it relates to this policy or any claim under this policy. We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. BLANKET WAIVER OF SUBROGATION Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, If the Insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2. b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph S. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70490905 Page 7of9 Packet Page -1748- 2/14/2012 Item 16.E.1. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment ", paragraph f. (1) does not apply to self - propelled vehicles of less than 1,000 pounds gross vehicle weight. 20. LIMITED ELECTRONIC DATA LIABILITY A. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $25,000. B. For this provision 20. only, SECTION V — DEFINITIONS, paragraph 17. "Property Damage" is replaced by the following: 17. " Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of "electronic data ". Loss of "electronic data" means loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data ", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. DEFINITIONS 1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory' is replaced by the following definition: "Coverage territory" means anywhere In the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including 'personal and advertising Injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico and Canada. 2. SECTION V — DEFINITIONS is amended by the addition of the following definitions: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage ". "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media used with electronically controlled equipment. "Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are related to the recall or withdrawal of "your product" for: a. Telephone and telegraphic communication, radio or television announcements, computer time and newspaper advertising; b. Stationery, envelopes, production of announcements and postage or facsimiles; c. Remuneration paid to regular employees for necessary overtime or authorized travel expense; d. Temporary hiring by you or by agents designated by you of persons, other than your regular employees, to perform necessary tasks; e. Rental of necessary additional warehouse or storage space; f. Packaging of or transportation or shipping of defective products to the location you designate; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 8 of 9 CG 70 49 09 05 - --Packet Page -1749- 2/14/2012 Item 16.E.1. g. Disposal of "your products" that cannot be reused. Disposal expenses do not include: (1) Expenses that exceed the original cost of the materials incurred to manufacture or process such product; and (2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary to avoid "bodily injury" or "property damage ". "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage ". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. "Work contract" means a written agreement between you and one or more parties for work to be performed by you or on your behalf. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 CG 70 49 09 OS Page 9 of 9 Packet Page -1750- 2/14/2012 Item 16.E.1. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL•AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is S11.;;a z Uo 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS - CANCELLATION. Paragraph A.2. is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2, BROAD FORM INSURED SECTION n. LIABILITY COVERAGE A.I. WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the" of the policy Period: (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "Insured" under any other policy or would be an "Insured" but for its termination or the exhausting of its limit of insurance. a. Any "employee" of yours using: (1) a covered mber of his ache do not own, hire or borrow, or a household, while performing dutiecovered lat id o the conduct ofyournbusiness or your personal affairs; or (2) An "auto hired or rented under a contract or agreement in that "employee's name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an Insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the 'employee's" household. f. Your members, fi you area limited liability company, while using a covered "auto" you do not own, hire, or borrow, while performing duties related'to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is Issued prior to the "Wily injury' or "property damage "; Includes copyrighted material of Insurance Services Office. Inc. CA 7171 QS 08 Page 1 of 6 Packet Page -1751- 2/14/2012 Item 16.E.1 (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally Incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of Insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Under SECTION 11- LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are deleted and replaced with the following: (2) Up to $2500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to fumish these bonds. (4) Ali reasonable expenses incurred by the 'Insured" at our request. including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION 11- LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury" to any fellow "employee" of the "Insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers If the "bodily injury" results from the . use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance. S. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following Is added: If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's" name. for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the Declarations. Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto "; (2) Specified Causes of Loss, only If the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto ": or Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 6 CA 7171 OS 08 Packet Page -1752- 2/14/2012 Item 16.E.1. (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto. However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. Under SECTION IV —BUSINESS AUTO CONDITIONS, paragraph 5.b. Other Insurance Is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract In that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, arty "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees ", partners (if you are a partnership), members (i you are a limited liability company), or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added: If a covered "auoD is owned or leased and if we provide Physical Damage Coverage on it. we will pay, in the event of a covered total "loss ", any unpaid amount due on the lease or loan for a covered "auie, less: (a) The amount paid under the Physical Damage Coverage Section of the policy'. and (b) may, (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss -, (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor, and (5) Cant' -over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION in - PHygCAL DAMAGE COVERAGE. A. COVERAGE, paragraph 4. Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) we will pay up to $75 per day to a maximum of $2000 for transportation expense incurred by you because of covered "loss ". We will pay only for those covered "autos" for which you carry Coverage or either Comprehensive Coverage or Specified Causes of toss Coverage. we will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto' is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto ". No deductibles apply to this coverage. (b) Thts coverage does not apply while there is a spare or reserve "auto" available to you for your operation. CA 71 7105 08 Includes copyrighted material of insurance Services Office, Inc. Packet Page -1753- page 3 of 6 2/14/2012 Item 16.E.1. 8. AIRBAG COVERAGE SECTION 111 - PHYSICAL DAMAGE, B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for "loss" caused by or resulting from airy of the following unless caused by other "loss' that Is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. b. Blowouts, punctures or other road damage to tires. 9. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE Is amended to add the following: No deductible applies to glass damage. % COLLISION COVERAGE —WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following: When there is a lose to your covered "auto" insured for Collision Coverage, no deductible will apply If the "loss" was caused by a collision with another "auto" insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV - BUSINESS AUTO CONDITIONS, A. LOSS CONDITIONS, 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "accident', claim, "suit' or "loss ". Knowledge of an "accident", claim. "suit" or "loss" by your "employees" shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you . are a limited liability company) has knowledge of the "accident', claim, "suit' or "loss". Notice should include; (1) How, when and where the "accident" or "loss" occurred; (2) The "Insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV - BUSINESS AUTO CONDITIONS AZ. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally WI to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancebtion or non- renewal. Includes copyrighted material of Insurance Services Office. Inc. Page 4 of 6 CA 7171 OS 08 Packet Page -1754- i 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto ": Limit of insurance $500 A. Coverage Deductible $250 2/14/2012 Item 16.E.1. 1. We will pay, with respect to a covered "auto" described in the above Schedule, for "foss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment Is permanently installed in the covered "auto" at the time of the "foss" or the equipment is removable from a housing unit that Is permanently installed in the covered "auto" at the time of "loss ". and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay, with respect to.a covered "auto" described in the above Schedule, for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. B. Exclusions For purposes of this provision 14, the exclusions that apply to Physical Damage Coverage, except � r he exclusion relating to Audio. Visual and Data Electronic Equipment, also apply to coverage proV by this endorsement. In addition, the following exclusions apply. We will not pay, under this endorsement, for either any electronic equipment or accessories used with such electronic equipment that Is: 1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto s" operating system; or 2. Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto "; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. b. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment, whether permanently installed or temporarily mounted in or on the covered "auto". C. Limit of Insurance With respect to coverage under provision 14. of this endorsement, the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all "toss" to audio, visual or data electronic equipment and any accessories used with this equipment. as described in paragraph A. above. as a result of any one "accident", is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality: or c. The amount shown in the Schedule. CA 717105 08 Includes copyrighted material of insurance Services Office, Inc. Packet Page -1755- Page S of 5 2/14/2012 Item 16.E.1. Z An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss ". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. D. Deductible 1. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A, above, is the result of a "loss" to the covered "auto" under this Coverage Form's Comprehensive or Collision Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown In the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fare or lightning. Z If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, is the result of a'loss" to the covered "auto" under this Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for. repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, then for each covered "auto" our obligation to pay for, repair. return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there Is more than one applicable deductible, only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE is void if CA 99 E 60, Audio, Visual And Data Electronic Equipment Coverage, is attached to the policy. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc. Packet Page -1756- CA 71 71 05 08 2/14/2012 Item 16.E.1. EXHIBIT C:RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( 'Contractor') releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2011 for the period from to , excluding all retainage withheld . and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or assented against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR M. ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by , as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) 49 Construction Services Agreement: Revised 6/1/2011 Packet Page -1757- (AFFIX OFFICIAL SEAL) 2/14/2012 Item 16.E.1. Notary Public, State of Commissioner No.: 50 Construction Services Agreement: Revised 611/2011 Packet Page -1758- 2/14/2012 Item 16.E.1. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: Total Change Orders to Date $ $ Revised Contract Time: Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date Less Retainage $ _- $ Retainage @ _% after [insert date] $ = Total Earned Less Retainage $ _ Percent Work completed to Date: %Less previous payment (s) $ Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: 51 Construction Services Agreement: Revised 6/1/2011 Packet Page -1759- 2/14/2012 Item 16.E.1 By OWNER'S Project Manager. (Signature) DATE: (Type Name and Title) 52 Construction Services Agreement: Revised 6/1/2011 Packet Page -1760- i 2/14/2012 Item 16.E.l. Packet Page -1761- G§ § � � � � k ? .k 2 \ §�B k /$ _ 1 § i �� . -� @ @■ �k )( LU 1 162 0 ■J § «a k\ it MZ ■ z� 2} �§ 2� § \ IX )} a.\ �Lu t• £ 2 § a. k) e.§ ch o ,I a —_ u� o§ �( \k �0 �� {2 U) & z ;,.§ w � �a \ Mw a§ )U- `e k w § jq %\ Cu �w k \ § ok $CD 22 M §% ©a uj u \ % L U k> sD %24 �2ƒ k k- §` J Ekj R k�2 « k - k`) 0 C :_� ■ 5 M.9 \ Lf } ` w . Packet Page -1761- G§ § � � � � k ? .k 2 \ m io E O U- a o` m as �o �a a m 0 M a d c c 0 U O r .G K W 2/14/2012 Item 16.E.1 Packet Page -1762- ko fo0 c W m y c 0 ts 2 c 0 U i d� uj ca c m m� — r � U y � � m C — CL 4 O > d CD d CL m d CL d � cs m o.a c Z m CL N c 0 a CL m O m ea Q Packet Page -1762- ko fo0 c W m y c 0 ts 2 c 0 U i 2/14/2012 Item 16.E.1. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description Original Agreement Amount ....................... . Sum of previous Change Orders Amount .......................... This Change Order Amount ••••• ............................. Revised Agreement Amount ....................................................... $ $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Authorized by: Date: _ Division Administrator (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 57 Construction Services Agreement: Revised 6/112011 Packet Page -1763- 2/14/2012 Item 16.E.1. EXHIBIT F; CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete In accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 59 Construction Services Agreement: Revised 6/1/2011 Packet Page -1764- i 2/14/2012 Item 16.E.1. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: A The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the r :nntract nnrn jmBntS. Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 2011 2011 2011 60 Construction Services Agreement: Revised 6/1/2011 Packet Page -1765- 2/14/2012 Item 16.E.1. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 2011 Contractor. The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) 61 Construction Services Agreement Revised 6/1/2011 Packet Page -1766- By Design Professional: By Owner: 2/14/2012 Item 16.E.1. (Firm Name) (Signature) (Typed Name & Tide) (Department Name) (Signature) (Name & Title) 62 Construction Services Agreement Revised 6/1/2011 Packet Page -1767- 2/14/2012 Item 16.E.1. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws; fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor. shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 63 Construction Services Agreement: Revised 6/1/2011 Packet Page -1768- 2/14/2012 Item 16.E.1. availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility. services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being. referred to in this .Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners. of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. sa construction Services Agreement: Revised 81112411 Packet Page -1769- 2/14/2012 Item 16.E.1. 3. SCHEDULE. 3.1 • The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for.expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specked hours without the prior approval of the Project Manager. 4. . PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall - provide to the Project Manager the.list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 65 construction Services Agreement: Revised 6/1/2011 Packet Page -1770- 2/14/2012 Item 16.E.1. 4.3 Contractor shall submit all Applications for Payment to Don Williams, RKS Engineers, located at 15400 Shamrock Drive, Ft. Myers, FL 33912. 4.4 Unless expressly approved by Owner in advance and in writing, said approval.at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into.the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other. arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D -3. 4.5 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to. by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 66 Construction Services Agreement: Revised 611/2011 Packet Page -1771- 2/14/2012 Item 16.E.1 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by. Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.10 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered' evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager 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: 67 Construction Services Agreement Revised 6/112011 Packet Page -1772- i 2/14/2012 Item 16.E.1. (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing 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 by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 68 Construction Services Agreement: Revised 6/1/20`11 Packet Page -1773- 2/14/2012 Item 16.E.1. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, .data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specked. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 6s Construction Services Agreement Revised 6/1/2011 Packet Page -1774- 2/14/2012 Item 16.E.1. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 70 Construction Services Agreement Revised 6/1/2011 Packet Page -1775- 2/14/2012 Item 16.E.1 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated. -to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. S. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, 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 suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 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 71 Construction Services Agreement: Revised 611/2011 Packet Page -1776- i 2/14/2012 Item 16.E.1. deemed to have waived any right which Contractor may have had to request a time extension. 9.3 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 its 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. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 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 fores o as a result of the change. Except in an emergency endangering life or property, 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 alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E 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. 10.3 If Owner and Contractor are unable to agree o a hang the change a the requested change, Contractor shall, nevertheless, promptly p g directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor 72 construction Services Agreement- Revised 6/1/2011 Packet Page -1777- - 2/14/2012 Item 16.E.1 disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen 73 Construction Services Agreement Revised 8/112011 Packet Page -1778- 2/14/2012 Item 16.E.1. (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractors failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractors Work. 13. INDEMNIFICATION AND INSURANCE. 74 Construction Services Agreement: Revised 611/2011 Packet Page -1779- 2/14/2012 Item 16.E.1. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 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 13 will survive the expiration or earlier termination of this Agreement until it is 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. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 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, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 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 seg. and regulations relating thereto, as either may be amended. 75 Construction Services Agreement: Revised 6!1/2011 Packet Page -1780- 2/14/2012 Item 16.E.1. 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Intemet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with Providing both the J J wsw may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dha.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be 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 seg., and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately., 15. CLEANUP AND PROTECTIONS. 15.1 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. 76 Construction Services Agreement: Revised 6/1/2011 Packet Page -1781- 2/14/2012 Item 16. E.1. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. 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. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. 17.2 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. 17.3 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified, herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to T7 Construction Services Agreement: Revised 6/1/2011 Packet Page -1782- 2/14/2012 Item 16.E.1. obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to.proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, - equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 78 Construction Services Agreement: Revised 61112011 Packet Page -1783- 2/14/2012 Item 16.E.1. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the.Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion.. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in 79 Construction Services Agreement: Revised 611!2011 Packet Page -1784- 2/14/2012 Item 16.E.1. writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 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, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. payment or satisfaction of all (5) If required by Owner, other data establishing pay obligations, such as receipts, 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 Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to 80 construction Services Agreement: Revised 6!1/2011 Packet Page -1785- 2/14/2012 Item 16.E.1. 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 29.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 81 , Construction Services Agreement: Revised 6/1/2011 ., w Packet Page -1786- 2/14/2012 Item 16.E.1. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction. period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 82 Construction Services Agreement: Revised 6/1/2011 Packet Page -1787- 2/14/2012 Item 16.E.1. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and.remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that -the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by 83 Construction Services Agreement: Revised 6/1!2011 Packet Page -1788- - -- 2/14/2012 Item 16.E.1. the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project'.Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 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 any one for whom Contractor is legally liable for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 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. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty- eight. (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes sa Construction Services Agreement: Revised 6/112011 Packet Page -1789- 2/14/2012 Item 16.E.1. in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the• consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 85 Construction Services Agreement Revised 6/1/2011 Packet Page -1790- 2/14/2012 Item 16.E.1. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 86 Construction Services Agreement Revised 6/1/2011 Packet Page -1791- 2/14/2012 Item 16.E.1. 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT") policy will be enforced under this Contract. 87 construction Services Agreement: Revised 6/12011 Packet Page -1792- 2/14/2012 Item 16.E.1. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it. desires to divide the sequence of construction activities. Contractor will determine the breakdown and 88 Construction Services Agreement: Revised 6/112011 Packet Page -1793- 2/14/2012 Item 16.E.1. composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and. shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will 8s Construction Services Agreement: Revised 6/1/2011 Packet Page -1794- 2/14/2012 Item 16.E.1. be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical. and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. so Construction Services Agreement Revised 6/1/2011 Packet Page -1795- 2/14/2012 Item 16.E.1. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public 91 Construction Services Agreement: Revised 6/12011 Packet Page -1796- 2/14/2012 Item 16.E.1. Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor / Contractor / Proposer 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. 36. 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. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239 -252- 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require .a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the 92 Construction Services Agreement: Revised 6/1/2011 Packet Page -1797- 2/14/2012 Item 16.E.1. inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. 93 Construction Services Agreement: Revised 611 /2011 Packet Page -1798- 2/14/2012 Item 16.E.1. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 3. All engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Plane East (US Feet) Coordinate System. The drawings should either reference specific established Survey monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or be derived from the RTK(Real -Time Kinematic) GPS Network as provided by the Collier County Transportation Division. 4. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 94 Construction services Agreement Revised 6!1/2011 Packet Page -1799- - 2/14/2012 Item 16.E.1. These questions must be fully and accurately filled out and will be used to evaluate and award this bid. Failure to fully fill out each line will be considered non - responsive and could result in bid rejection and will be considered non - responsive. 1. Has your firm in the past 10 years installed 3000amp or greater, 480V- 3phase Drawout switchgear? If so, what project, where and for whom (with their contact information)? This will become your firms list of references. YES Collier County Public Utilities Project: CCPU SCWRF Caterpillar Redundant Generator Engineer: RKS Consulting Engineers Contract Amount: $467,859.00 Dates: start: September 2007 — completed: August 2008 Contact: Frank Inzano, P. E. Collier County Public Utilities Engineering Dept Phone: (239) 732 -2597 or (239) 591 -0186 Scope of Work: Fumish and install bulkheads and camlocks for emergency power hook -up generator hook -up 2. Has your firm ever worked in a water treatment plant on a project in excess of $1,000,000 in the state of Florida? If so, what project where and for whom (with their contact information)? YES Collier County Public Utilities Engineering Department Contact: Frank Inzano, P. E. / Phone: (239) 732 -2597 Project Name: Reuse System Telemetry RF Communications Improvements Dates: completed: 912005 Scope of work: Add telemetry to 7 sites including towers, bases, antenna, RF filters, cabinet modifications and installation Project value: $2,000,000.00 3. Has your firm ever worked in Collier County for the Public Utilities Division? If so, what project, where and for whom (with their contact information)? YES See above and reference list: 4. Has your firm ever been in litigation, mediation, or arbitration with respect to installing water treatment equipment in the past ten years? If so, describe. NO 5. Has your firm ever been assessed liquidated damages for being late on a water Atreatme equipment installation project in the past ten years? If so, describe. NO August 10, 2011 Signed I r OWM66iWy Date ss Constructlon Services Agreerrmt Revised 6/12011 Packet Page -1800- 2/14/2012 Item 16.E.1. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 96 Construction Services Agreement: Revised 61112011 Packet Page -1801- 2/14/2012 Item 16. E.1. EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.net/bid/ 87 Construction Services Agreement: Revised W112011 Packet Page -1802- 2/14/2012 Item 16.E.1. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.netlbid/ 98 Construction Services Agreement: Revised 6/112011 Packet Page -1803- 2/14/2012 Item 16. E.1. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ ss Construction Services Agreement: Revised 6/1/2011 Packet Page -1804- 2/14/2012 Item 16.E.1. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 100 Construction Services Agreement: Revised 6/1 /2011 Packet Page -1805- Ter County Administrative Services Division Purchasing ® Contract Change Request 2/14/2012 Item 16.E.1. Purchasing Department Change Modification Form ❑ Work Order Modification Contract #: Mod #: POIWork Order #: Project Name: 11 -5747 1 4500132527 NCRWTP Main Electrical Switchgear Current Contract /Work Order Amount $ 1,497,195.48 3/10/2013 Re lacement Project #: Project Manager: Department: Contractor /Firm Name: 70069.6 Jason Tomassetti, P.E. PUPPMD E.B. Simmonds Electrical, Inc. Original Contract /Work Order Amount $ 1,497,195.48 09/13/11, 10D Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $ 1,497,195.48 09113/11, 10D Last BCC Approval Date; Agenda Item # Current Contract /Work Order Amount $ 1,497,195.48 3/10/2013 SAP Contract Expiration Date (Master) Dollar Amount of this Change ($1,219,000.00) - 81.42% Total Change from Original Amount Revised Contract /Work Order Total $278,195.48 - 81.42% Change from Current BCC Approved Amount Cumulative Changes ($1,219,000.00) - 81.42% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Original notice to proceed Last approved completion date: Revised completion date (includes this completion date: 3110/2013 3/10/2013 change): 4/24/2013 Number of days added (if Explain why additional days are needed (detailed /specific): Due to a discrepancy extension, must attach current between the construction checklist and original contract, an additional 45 days needs insurance certificate(s) from SIRE to be added to the contract time. The contract indicates a 465 contract time, however or obtain from vendor : 45 510 days is the correct contract time. El Add new task(s) ❑ Change task(s) El Delete task(s) ® Other (specify): Time Extension & Deduct for Direct Material Purchase 1. Provide a detailed and specific explanation of the requested change(s) to the task(s): Requesting a time extension of 45 calendar days due to discrepancy between construction checklist and contract. Direct Material Purchase in order to save the County $69,000 in sales tax. 2. Provide detailed rationale for the requested change: Additional time is needed due to discrepancy. A deduct change order is requested in order to process a direct material purchase for savings in sales tax. 3. Provide explanation why change was not anticipated in original scope of work: The direct material purchase was anticipated when the contract was awarded. A time extension is needed based on discrepancy noted above. 4. Describe the impact If this change is not processed: Based on the delivery time for material, schedule will not be met with current contract time. If DMP is not processed, County will need to pay $69,000 in sales tax. Type of Change / Modification ® 1. Planned / Elective ❑ 2. Unforeseen conditions /circumstance I ❑ 3. Quantity or price adjustment 4. Correction of errors ❑ 5. Value added I M 6. Schedule adjustment Change Requested By Contractor /Consultant Owner I ❑ Using Department ❑ Design Professional I ❑ Regulatory Agency (specify): Other (specify): Purchasing Professional Participated in Negotiation of Change / Modification: ® Yes No Approved by: Date: Name and Title: Tom Chmelik, P.E., Director, PUPPM /Z i LOO Reviewed by: Date: Procurement Strategist's Name: Nicole Parker Revised: 7/27111 1 Packet Page -1806- CHANGE ORDER' CHANGE ORDER NO. 1 TO: John Harhen E.B. Simmonds Electrical, Inc. 3750 Enterprise Avenue #300 Naples, FL 34104 DATE: November 18, 2011 2/14/2012 Item 16.E.1. CONTRACT NO. 11 -5747 BCC Date: 09/13/2011 Agenda Item: 10.D PROJECT NAME: NCRWTP Main Electrical Switch eg ar Replacement PROJECT NO.: 70069.6 Under our AGREEMENT dated September 13, 2011 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: 1. Change final completion date to April 24, 2013 2. Deduct change order in order to execute a direct material purchase FOR THE Sum of: $1 219.000,00; One million, two hundred and nineteen thousand dollars. Original Agreement Amount Sum of Previous Changes This Change Order Present Agreement Amount $1.497.195.48 $0 $(1,219.000.001 $278.195.48 The time for completion shall be increased by 45 calendar days due to this Change Order. Accordingly, the Contract Time is now 510 calendar days. The substantial completion date is March 24. 2013 and the final completion date is April 24, 2013. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Packet Page -1807- CHANGE ORDER (PAGE 2) Prepared by: Date: P t 2 t I t 1 Jason setti, P.E., Senior Project Manager PUPOO Approved By: IJC,'l�—&' Daze: Dan Williams, P.E., Design Professional RKS Consulting Engineers Accepted by: Date: ahn liarlIpn nds Electrical, Inc. Approved by:f1 r ^lam^ Date: t t 3 0 t Mark Sunyak, PE., Principal Project Manager PUPPMD Dp — Approved by: ` "" — Date: To elik P.E., Director PUtPMD �o Approved by r Dater % D� V /1 Pamela Libby, Operati ."tanager Water Department Approved by: Date: P Martius4 Director Water Department Approved by:C- ` y Date: G. George YiGnaz Administrator Publiccc/ Utilities Divisiory� Approved by: �L� ��G Date: Nicole Parker, Contracts Specialist Packet Page -1808- 2/14/2012 Item 16.E.1. 2/14/2012 Item 16.E.1. COLLIER COUNTY GOVERNMENT lam/ PUBLIC UTILITIES PLANNING AND PROJECT MANAGEMENT DEPARTMENT BUSINESS CASE FOR: Change Order #1 70069.6 NCRWTP MAIN ELECTRICAL SWITCHGEAR REPLACEMENT Original construction amount: $1,497,195.48 Revised construction amount: $278,195.48 Contractor: EB Simmonds Electrical, Inc. 1. Description of the protect action and recommendation Execute a direct material purchase of electrical switchgear from Cummins Power South on Bid 11 -5747, 2. Benefits of the project action A direct material purchase of $1,150,000.00 will save the County $69,000.00 in Florida sales .7y' tax. --_7 3. Risk of not taking the action If this action were not taken, the County would expend an additional $69,000.00. 4. Why is this action the best value solution This action saves the rate - payers $69,000.00. 5. Other options to the action Pay the sales tax. 6. Staff assessment and recommendation of fair and reasonable N/A Jason Tomassetti, PE Senior Project Manager, PUPPMD Packet Page -1809- 2/14/2012 Item 16.E.1. DeLeonDiana From: Bernie Simmonds [ Bernie @ebsimmondselectrica1.com] Sent: Friday, December 23, 2011 7:41 AM To: DeLeonDiana Cc: Lyne Simmonds Subject: Requesting Assumption of contracts Follow Up Flag: Follow up Flag Status: Flagged Dear Diana, E.B. Simmonds Electrical, Inc. has sold its assets to Simmonds Electrical of Naples, Inc. We would like to enter an assumption agreement with the county on the several present contracts under way with the county. We would very much like to present this to the BCC on the January 24, meeting if possible. The management team and workforce of the new company will remain the same as E.B. Simmonds Electrical. And the new company will accept all responsibilities of the former company. Could you send.us the proper forms necessary to accomplish this task? Regards, E.B. Simmonds President EA 511' MONDS f_CI 3750 Enterprise Avenue #300 Naples, Florida 34104 -3659 V: (239) 643 -2770 F: (239) 643 -6873 www.ebsimmondselectrical.com BernieCa )ebsimmondselectrical.ccm Packet Page -1810- %-wu%.sunbiz.ora - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation SIMMONDS ELECTRICAL OF NAPLES INC. Filing Information Document Number P1 1000102120 FEI /EIN Number NONE Date Filed 11/29/2011 State FL Status ACTIVE Principal Address 1014 BROAD AVE. NORTH NAPLES FL 34102 Mailing Address 1014 BROAD AVE. NORTH NAPLES FL 34102 Reaistered Aaent Name & Address PARRISH, JON 3431 PINE RIDGE RD 101 NAPLES FL 34109 US Officer /Director Detail 2/14/2012 Item 16. E.1. Forms Help _._...,_____...__......_,__ ..... ... • Entity Name Search Submit;,; Name & Address Title P SIMMONDS ELECTRICAL. LLC 1014 BROAD AVE. NORTH NAPLES FL 34102 Annual Reports No Annual Reports Filed Document Images -11;;29/2011 -- Domestic Profit View image.in PDF format Note: This is not official record. See documents if question or conflict.': Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit -+ome Contact us Document Searcnes _- ;�ilinc Services i Forms j Heio j Coovnantcc and Privacy Policies State of Ficrica, Del artment of Sate http.//,w- ww .sunbiz.orJscriptslcordet.exe ? Packet Page -1811- j_doe_number =Pl 1000102... 12127,%2011 www.sunbiz.ora - Department of State 2/14/2012 Item 16.E.1. Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List ---- .___.- _- _,_....._.__- ..__1.11-1__ Entity Name Search No Events No Name History Submit . Detail by Entity Name Florida Limited Liability Company SIMMONDS ELECTRICAL, LLC Filing Information Document Number L1 1000134546 FEI /EIN Number NONE Date Filed 11/29/2011 State FL Status ACTIVE Principal Address 1014 BROAD AVENUE NORTH NAPLES FL 34102 Mailing Address 1014 BROAD AVENUE NORTH NAPLES FL 34102 Registered Agent Name & Address PARRISH, JON D 3431 PINE RIDGE RD 100 NAPLES FL 34109 US Manager /Member Detail Name & Address Title MGRM PATRICK SIMMONDS 1401 BROAD AVE. N NAPLES FL 34102 Annual Reports No Annual Reports Filed Document Images 11129/20 :1 -- Florida Limitec Liability View image in_PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History FSubmit , Home i Conta:.t as Documeni _earrhes E- =iiina Services i Forms fie'.o Co wriant =`. and Privacy Policies. Mate c iorda, Depa tr.:ent a° fate htt /�� ,, ," °.sunbiz.orL,, ,'Packet Page ---- -- pa. � scriptsleordet.exe`. __ _______doc_number=L110001'4... L /2,7/?011