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Backup Documents 09/25/2018 Item #16C1 (Technical Management) ORIGINAL DOCUMENTS CHECKLIST & ROU rio r-a! TO ACCOMPANY ALL ORIGINAL DOCUMENTS S r : OWED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forward6i t un} ttorne Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in th oun�'7�II rnev Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Management Complete routing lines#1 through#2 as appropriate for additional signatures, ,fates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Couny Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Officer 3{417,51► O'5-/S' 4. BCC Office Board of County Commissioners A-1 b? 10-s-a 4. Minutes and Records Clerk of Court's Office !DOM 10 .33- 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one cf the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso n Contact Information 239-252-8950 17- Contact/Department /lam tArrJhG9'5 Agenda Date Item was September 25,2018 , / Agenda Item Number 16.C.1.� Approved by the BCC �/ Type of Document Contract Number of Original . (Q Oce i41*,o,SS Attached Documents Attached apc , J-'<e�ker PO number or account N/A (1) 18-7311 Hart's (1) 18-7311 Hart's (J number if document is Electrical, Inc. Electrical, Inc. to be recorded (2) 18-7311 Simmonds (2) 18-7311 Simmonds Electrical of Naples Electrical of Naples (3)18-7311 Technical (3)18-7311 Technical Management Management INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK ick- ,,j 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/25/2018 and all changes made during _ N/A is not w the meeting have been incorporated in the attached document. The County '�'C an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the r an option for Chairman's signature. . this line. MEMORANDUM 16 C 1 Date: October 5, 2018 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7311 "Electrical Contractors" Contractor: Technical Management Associates Attached for your records is an original of each referenced document above, (Item #16C1) adopted by the Board of County Commissioners on Tuesday, September 25, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16C1 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT 18-7311 for Electrical Contractors THIS AGREEMENT, made and entered into on thiss cWr\2of 52..02111b2c 20 a , by and between Technical Management Associates authorized to do business in the State of Florida, whose business address is 10251 Metro Parkway, Suite 100, Ft. Myers, Florida 33966 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. 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 one ( 1 ) additional two (2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I Request for Proposal (RFP) ■ Invitation to Bid (ITB) Other ( ) # 18-7311 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page l of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver 1) �� 16C1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in ❑ Other Exhibit/Attachment: 3.4 n The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): transferred from the County to the contractor; and, as a business practice there are no is authorized. 1 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. n -_ - - e - -e , invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1601 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 -- -- - - • e •• e - e - Traveland Reimbursements shall be at the following rates: Mil ago $0.44.5 per mile Breakfast $6-00 Lunch $11.00 Dinner $4.0:09 Airfare A _ .. •. - -e •.-• -e e -- eclass-fare Rental car Actual rental cost limited to compact or • _- e _ .. .._: _ . ; _. .. :_ .•.. Parking. Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 Company Name: Technical Management Associates Address: 10251 Metro Parkway, Suite 118 Ft. Myers, Florida 33966 Authorized Agent: Charles L. Fuellgraff III, CEO Attention Name & Title: Telephone: 239-437-9582 E-Mail(s): chud.fuellgraf@fuellgraf.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Miguel Carballo, Interim Director Division Name: Facilities Management Address: 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112-5356 Administrative Agent/PM: Miguel Carballo, Manager Telephone: 239-252-8380 E-Mail(s): Miguel.CarballoPcolliercountyfl.gov 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. 7. 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. 8. 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. The County will not be obligated to pay for any permits obtained by Subcontractors. 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. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 9. 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 Agreement 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. 10. 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 for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. 1.1 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. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 1601 �. n . - - - - e e -. _ - . --- this insurance. Such insurance shall have limits of not less than $ each € fiber Liabilitj Coverage shall have minimum limits of$ per claim. n : Coverage shall have minimum limits of $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. Page 6of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) ""6:4) 16C1 13.1 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, County 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 County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. 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 services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), [I Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ 0 ITB/7 Other #18-7311 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and n Other Exhibit/Attachment: Performance and Payment Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. 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. 25. I WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. • 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 County 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 County. 27. • 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 the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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. 33. 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. 34. [ - . e _ - e e-_.,.._ .. .. ....,. _ -_ persons will be utilized in the performance of the Agreement. The Contractor shall assign met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 11of17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO 16C1 • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. _ w _ - I - . _ - •^ , - __- -- --- e among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County'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 the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 1 6 C 1 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF UN COMMI . RS COLLIER ' U ' FLOM," / Crystal K.Kinzel,Clerk of Courts ; . a-Ntk By: --- ,. .. PAndy Solis, Esq. , Chairman i --I6 Dated: - ,., (SEAL)i'..'‘:" it'i:to Chairman's signaturd nly; Techi2Lc /iallj.leiLn,,talat_e_s_____ , _. Contractor's Withess,es: Contractor , ....... DBA i / , / OF [ - P-- le•,(NS, ., By: Contractor' First Witptess , D ke0--'-y 12 Pli0(...ils- TType/print signature and title TTypelionrit witness nameT Contractor's Secor?0,:ss I . TTypelprint witness name"' A.proved Att• item# lig th id bk. IC liniirou,* rney azgil .1 e „ Print Na e Agenda 0 Date ......._ ellgt 8 Date ja Rec'd 411kl_fa. Deputy Clerk Pag.f. 14 of 17 • ) I xed Term Service Multi-Contractor Agreement 2017 00S(Ver 1) ' # . , \-,- 16C1 Exhibit A Scope of Services 0 following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 EXHIBIT A AWARD CRITERIA ' The County will use the resultant contract in the following manner: • For work estimated up to $200,000 the department will request quotes from the Primary Contractor. Should the Primary not be able to support the work request,the department will move the Secondary and then Tertiary as necessary. • For work estimated $200,000 and under $500,000 the department will request quotes from all awarded Contractors In no case may a single repair or new installation job exceed $500,000 on resultant contracts of this ITB.For projects over$200,000,Contractor is required to provide bonds. DETAILED SCOPE OF WORK The Contractor shall comply with the following General Requirements and Division specific requirements,including but not limited to: A. General Requirements 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. The Contractors may be required to do emergency repairs at times other than normal working hours. The Contractors 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. 3. The Contractors shall supply the County with an emergency on-call telephone number and the same(or different telephone number)for routine repairs/new installation. 4. Employees:The Contractors shall employ at least three(3)licensed electricians with at least four(4)years proven electrical knowledge,skills and experience in the industrial and commercial field;and adequate numbers of helpers to provide additional services. 5. Licenses:The Contractors,at time of bid submittal,shall possess,and maintain throughout the term of the contract period and any renewal periods,the correct occupational licenses,all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal,State and Local Laws,Statute,Ordinances,and rules and regulations of any kind. The Contractors shall be licensed to operate within Collier County. 6. New Work:The Contractor shall provide written"not to exceed"estimates on all projects that are not deemed to be emergencies and on-call repairs. This estimate shall include the estimated number of hours,hourly rate,number and types of employees required,estimated material cost and number of calendar days required for project completion. The Contractor shall respond to requests for estimates for non-emergency work within two(2)days and provide written estimates within five(5)days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. 7. Quote Process:The Contractor agrees to provide written quotes to the Division. Further,the Contractors shall not charge the Division for the cost of the quote,meetings pertaining to the quotes,or on-site visits to obtain the quotes. Quotes are to be fully burdened with all labor,equipment and materials included.Quotes shall be provided to the Division contact in the following timeframe: a. Division Emergency Orders:The Contractor shall provide the quote within one(1)hour. Contractor(s) who do not provide written quotes within one(1)business hour shall be declared as having provided a"no- bid"response to the County. b. Division Typical Order:The Primary Contractor shall provide written quotes within three(3)business days from the County's request. Should the Primary Contractor not provide a written quote within three(3) business days shall be declared as having provided a"no-bid"response to the County. The County will solicit the quote to the Secondary Contractor,if the Secondary Contractor is not responsive in three(3) business days,the County will solicit to the Tertiary Contractor. Page 1of4 -7 1bC1 c.Division Project Work:The Primary Contractor shall provide written quotes within ten(10)business days from the County's request. The Primary Contractor who do not provide written quotes within ten(10)business days shall be declared as having provided a"no bid"response to the County.The County will solicit the quote to the Secondary Contractor,if the Secondary Contractor is not responsive in ten(10)business days,the County will solicit to the Tertiary Contractor. d.The County will issue a purchase order(or blanket purchase order)and it shall be considered as a"Notice to Proceed".No work for a specific job shall begin until the Contractor is in receipt of an approved purchase order. 8. Acceptance of Quote by County:Once the County has accepted the Contractor's quote,the Contractor shall be notified. The Contractor shall commence the work within the following timeframe: a. Division Emergency Work:within one(1)hour;unless specifically directed by the County contact. b. Division Typical Work:within three(3)business days;unless specifically directed by the County contact. c. Division Project Work:within ten(10)business days or at the discretion by the County contact. 9. Safety:Contractors and subcontractors shall comply with all Occupational Safety and Health Administration (OSHA),National Electric Code(NEC), State and County Safety and Occupational Health Standards and any other applicable rules and regulations.Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 10. Traffic Control:Contractors shall provide traffic control for work along roadways and shall comply with the requirements of Collier County's Maintenance of Traffic Policy(copies are available through the Risk Management or Purchasing Division s). 11. Background Checks:Contractors and their subcontractors must have background checks if they will have physical access to any Collier County locations,facilities,documents or other information related to security and/or public safety,or at the discretion of the County,at the Contractor's expense. Contract employees with negative background check results may be denied all access to the site,may be restricted to specified geographic areas and/or at certain times of the day and must always be personally escorted by a County or Contract employee that is not subject to any such restrictions. 12. Employee Identification: The Contractors shall ensure that all employees have Collier County Government identification badges prior to the start of work,and that,those identification badges are worn at all times while performing services on County facilities. Any Contractor's staff or subcontractors observed on site without authorized identification badge will be removed immediately from the job at no expense to be billed to the county. The Contractor whose member has been removed from site will have negative comments place in the annual review and placed on file with the county in regard to this noncompliance. 13. Equipment:Contractors shall own and have in good repair,or have the ability to rent all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that heavy equipment(i.e.,crane,bucket truck,etc.)is needed,the user Division must be notified,in advance,for approval. The Contractor shall have occasions where they must have,or rent,bucket trucks that extend from fifteen (15)to one hundred twenty-five(125)feet. Contractors must list any equipment that they do not have,or have access to,to meet the fifteen(15)to one hundred twenty-five(125)feet requirement. The reimbursement of heavy equipment expense shall be at cost and will commence once it arrives at the service site. The County reserves the right to request documentation of the Contractor's cost,and to withhold payments until documentation is provided.Equipment rental costs shall commence once it arrives at the County's service site. 14. Parts: Parts purchased for on-call electrical repairs/new installations shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation with their invoice,of the cost for parts and supplies(i.e., invoices)for all individual items with a price of nine hundred and ninety-nine dollars and ninety-nine cents ($999.99)or more. Contractor must also have the ability to order and receive repair parts in a timely and effective manner.Electrical parts manufacturers that are commonly used by the County include: Seco Electronics,Action Pak/Action Instrument,Allen Bradley,SSAC Digi Set Time Delays,Square D,PS Syracuse,Diversified,Potter Brumfield,Russell Stoll,Magnetek,AGM and ACME. This is just a representative list and does not list all of the parts manufacturers within the County facilities. 15. Protection of Property: The Contractors shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract,the Contractors shall replace or repair the same at no cost to the County. If damage caused by the assigned Page 2 of 4 16C1 Contractor has to be repaired or replaced by the County,the cost of such work shall be deducted from the monies due the Contractor. 16. Clean-Up: The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractors shall keep the premises free of debris and unusable materials resulting from their work and as work progresses,or upon request by the County's representative,shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work(i.e.backfill trenches and replace sod.) 17. Warranty/Guarantee: Parts,replacement parts and fixtures shall be new and warranted for ninety(90)days. All labor for repairs shall have a ninety(90)day warranty. 18. Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory,the Contractor will be notified by the County and be given seven(7)calendar days to correct the work. There will be no cost to the County for re-work or previously performed service by Contractor. 19. Contractor Rates:All rates quoted shall include the total labor cost including,but not limited to the hourly employee pay rate,insurance,Contractor's overhead,profit,employee-related taxes,and any,and all costs associated with the employee travel including cost of vehicle,mileage, fuel charges and any other surcharges. 20. Invoices:The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase order number • Location of service and any Division reference number for the service, • By position:Identify position,number of work hours performed on site,labor rate and total cost, • Materials furnished: Description of each part used,Contractor's cost of part,mark-up(either as a percent age or dollar)and total cost(the County may request the Contractor's invoice from their supplier for any material used on the completion of a project), • Equipment:Description of each piece of equipment used, Contractor's cost of equipment and total cost(the County may request the Contractor's invoice from their supplier for any equipment rented on the completion of a project), • Subcontractors:Description of service provided,number of hours,hourly rate per trade,Contractor's mark-up and total cost, • If applicable,any deductions or discounts,and • Total cost to be paid by the County. B. Facilities Requirements The Facilities Division requires a variety of electrical services in more than 600 locations across the County. C. Parks&Recreation Requirements The Parks and Recreation Division requires electrical services,including bulb replacement,at various ball fields,tennis courts,buildings,and community centers in the Naples,Marco Island,Immokalee,and Everglades areas. The services require may include but are not limited to the following: • Installation and removal of electrical panels for special events, • Addition and/or replacement of circuit breakers,receptacles, and switches, • Installation of scoreboards at various athletic facilities locations, • Removal of,and work on Park water features and equipment(use of cranes,lifts and bucket trucks may be required,and • Installation of sport field lights(use of a bucket truck may be required). D. Public Utilities Requirements For work at the County's Water and Wastewater Divisions,on-call or new installation,the Contractor must be knowledgeable in industrial electronic repair,as a majority of this work requires working with 4160 VAC and below, including,but not limited to splicing of submersible motors,troubleshooting and rewiring high service motors,thermal overloads with the associated Variable Frequency Drives(VFDs),chemical feed pumps fed by 4-20 MA,and assorted breakers and starters made by GE and Siemens(600V-90 Amp). 1. Responses to on-call repair and emergency work will be based on the following priority system: Page 3 of 4 1601 1.Priority 1 (Emergency)-The Division will call for an emergency repair,which shall be followed up by a confirming email to the Contractor by Public Utilities staff. The Contractor shall call the requesting Public Utilities Division confirming receipt as soon as it is received. The Contractor shall be on-site and effecting repairs in one(1)hour or less. 2.Priority 2(On-Call Repair)-The Division will call for a repair,which shall be followed up by a confirming email to the Contractor from Public Utilities staff. The Contractor shall call the requesting Division confirming receipt as soon as it is received. The Contractor shall be on-site and repairs begun within three(3)hours of the initial call being placed. 3.Priority 3(On-Call Repair)-The Division will call for a repair,which shall be followed up by a confirming email to the Contractor by the Public Utilities staff. The Contractor shall call or email the requesting Division confirming receipt of the email within one(1)hour and on-site repairs begun within twenty-four(24)hours of the initial repair call. This is for repairs that do not require immediate need. 4.Priority 4(On-Call Repair)-The Division will call the Contractor for repair,which shall be followed up by a confirming email to the Contractor. The Contractor shall call or email the requesting Division confirming receipt of the email within one(1)hour and on-site repairs begun within seven(7)calendar days of the initial repair call. This is for repairs that do not require immediate attention. Each confirming email will be sent to the Contractor with a priority attached. If a priority is not, the Contractor is responsible for obtaining a priority so that the work can be classified properly. A sample copy of the work request is attached below: Sample Only Public Utilities Electrical Service Request Date Issued: Request# Facility Name: Contact Person: Phone#: EMAIL: Issued To(Contractor) Phone#: EMAIL: Priority: Circle One- 1 2 3 4 1. Priority Definitions:Priority 1 -Emergency,Contractor response within 1 hour of work request receipt. 2. Priority 2-Contractor repair response within 24 hours of work request receipt. 3. Priority 3 -Contractor repair response within 72 hours of work request receipt. 4. Priority 4-Contractor repair response within 7 calendar days of work request receipt. Problem E. Transportation The Transportation Division requires a variety of electrical services in the maintain of traffic and street lights,storm water systems and other miscellaneous equipment and building areas. OSI Page 4 of 4 16Ci Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 16C1 EXHIBIT B FEE SCHEDULE Technical Management Associates TERTIARY CONTRACTOR Price Per Minimum # of Item Description Hour Hours 1 Ditch Witch (Upon arrival at site) $48.00 , 2 Journeyman Electrician (straight time) _ $75.00 3 Apprentice Electrician (straight time) $45.00 ' 4 Electrician's Helper(straight time) $35.00 5 General Laborer(straight time) $30.00 6 Bucket Truck Operator(straight time) $60.00 ,, ;. 7 40 Foot Bucket Truck $60.00 8 8 60 Foot Bucket Truck $60.00 8 9 80 Foot Bucket Truck $25.00 8 10 120 Foot Bucket Truck $25.00 8 Note: A fifteen (15%) percent mark-up on subcontractor's invoice is allowed. Note: A ten (10%) percent mark-up on parts and materials is allowed. Page 1 of 1 1 6 C 1 Other Exhibit/Attachment Description: Performance and Payment Bonds ❑■ following this page (pages 1 through 6 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) 16C1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of , 20jck9 with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under-signed representative, pursuant to authority of its governing body. 16C1 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR 16C1 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF 3 The foregoing instrument was acknowledged before me this of 20 , by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 16C1 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 1601 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 16C1 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of two , 20 3 , by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced 2 as identification and who did(did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: FUELELE-02 1 L 1 ESTROH A4C4:::›RCP'h (� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ellen Stroh NAME: ESS NexTier Insurance Group,LLC PHONE FAX PO Box 588 (A/C,No,Ext):(724) 803-5861 (A/c,No):(724)283-4683 Butler,PA 16003 ROMSS:estroh@essnextier.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Penn National Security Ins Co 32441 INSURED INSURER B:Penn National Mutual Casualty Ins Co 14990 FUELLGRAF ELECTRIC CO OF TN TECHNICAL MGMT ASSOC,INC INSURER C: 245 PITTSBURGH ROAD INSURER D: BUTLER,PA 16001-3883 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD WVD LMM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR X CX90716083 01/01/2018 01/01/2019 PREMISES(Ea oNcu ante) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ , 2,000'000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X AX90716083 01/01/2018 01/01/2019 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ • $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE UL90716083 01/01/2018 01/01/2019 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WP9 0716567 01/01/2018 01/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Installation/Build CX90716083 01/01/2018 01/01/2019 Limit 500,000 A Equipment Floater CX90716083 01/01/2018 01/01/2019 Leased/Rented Equip 350,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Policies that apply: General Liability CL90716083 1/1/2018-1/1/2019 Auto Liability AU90716083 1/1/2018-1/1/2019 Workers Compensation WP90716567 1/1/2018-1/1/2019 Workers Compensation WC90726464 1/1/2018-1/1/2019 Equipment Floater CL90716083 1/1/2018-1/1/2019 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FUELELE-02 1 b C 1 ESTROH LOC#: 1 ACIOR77D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED ESS NexTier Insurance Group, LLC FUELLGRAF ELECTRIC CO OF TN TECHNICAL MGMT ASSOC,INC POLICY NUMBER 245 PITTSBURGH ROAD SEE PAGE 1 BUTLER,PA 16001-3883 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government,OR Collier County. The holders as indicated are included as additional insureds under the General Liability and Automobiles policies on a primary and noncontributory basis if and to the extent required by written contract. "For any and all work performed on behalf of Collier County." 30 day notice of cancellation applies. • ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD