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Backup Documents 03/09/2010 Item #16C 3 MEMORANDUM Date: March 31, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10-5395: "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" Contractor: E.B. Simmonds Electrical, Inc. Attached please find an original contract document, referenced above, (Agenda Item #16C3) approved by the Board of County Commissioners March 9, 2010. An original contract is also being kept in the Minutes and Records Department for the Board's Official Record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment (I) 16C3 ITEM NO.:~O, ~(,... 0 \ ss::\ REQUEST FOR LEGAL SERVICES ,J,+it.L ..)~!~~TE REl6''&:.l- i . i~UU~n/ /\T Ii lRNEY ? ~ 70'0;" "26 pi..! I: '2 ,0 02 ",. ,. .'; 1, ~._ ~ r7P ~ r}\Y\' 4J ~ >.(t ))11 '\VI':, L, L- 'l?' 'a' ~ FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: March 26, 2010 To: Office of the County Attorney Attention: Jeff Klatzkow From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 ~/\ ~t>oO Re: Contract: #10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" Contractor: E.B. Simmonds Electrical, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on March 9, 2010. Agenda Item 16.C.3 This item has not been submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Oscar Martinez, PUPPMD ~~o RLS# ID 2L2k2~!oq CHECKLIST FOR REVIEWING CONTRACTS Entity Name:-:::C ~n. ~ IY"'\ r<\ondS~ \e~c.QL\ jI-rC. ~ _~s -ar cs Exp. Date C. \':2.:1"VL Exp. Date ~ Exp. Date~. ~ I I Exp. Date Exp. Date Exp Date ~\ \0 Exp Date_* Exp Date ~.J. J Exp Date,. ----;-J Exp Date..L:. \3Q\rO Exp p.ate ~--J. I ~Yes No Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Reqnired $ Products/CompllOp Reqnired $ Personal & Advert Required $ Each Occurrence Required $'2 Y'I' \ \ \ Fire/Prop Damage Reqnired $._ _ Automobile Liability ,lL- Bodily Inj & Prop Required $ 00 Workers Compensation f;iT' Each accident Required $ ~_ Disease Aggregate Required ~ Disease Each Empl Required $_~ Umbrella Liability Each Occurrence Provided $'2. t'f\; \ \ Aggregate Provided $ -.lL I' Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_.__ Per Aggregate Required $ Other Insurance Each Occur TYPe:~. ~ Required$J~ro~t County required to be naJed as addition County named as additional insured? Provided $ 2m; \\ Provided $ II ')' Provided $ \ 'fV\ ~ Provided $ I' ') Provided $ 8;!::J:> iL Provided $-.\M ~ \, Provided $ '5c,c:J'?- Provided $ ~_t._L Provided $ _.l t I , Provided $ Provided $ sured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached. expiration date ofbond Does dollar amount match contract? Agent registered in Florida? ~s ~ ~ ~ ~ Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: _ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp. Date _. Exp. Date No No No No No No Exp Date ___ No ~No _.~No ~No ~No ._No ~No __No No ._No ._No ~No R;:;;;;~,~ Initial,. ~".' ". ,...,a \ \~ Dale: ___ . ~c1l 04.COA.OI0301 22J I MEMORANDUM TO: Ray Carter Risk Management Department (". "~'~ .( ) I}.,Y ',n ';J C .\: FROM: Dianna Perryman, Contract Specialist Purchasing Department - DATE: March 26, 2010 RE: Review of Insurance for Contract: #10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" Contractor: E.B. Simmonds Electrical, Inc. 16C 3 This Contract was approved by the BCC on March 9, 2010, Agenda Item 16.C.3 Please review the Insurance Certificates and Payment & Performance Bonds for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions. please contact me at extension 4270. dod/DP jri' / '1~ ? C: Oscar Martinez, PUPPMD 16C3 mausen_9 From: Sent: To: Cc: Subject: RaymondCarter Friday, March 26. 2010 11 :53 AM DeLeon Diana perryman_d; mausen_g; HerreraSandra Contract 10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" All, I have approved the payment bond, performance bond, and the certificate of insurance provided by E.B. Simmonds Electrical, Inc. for contract 10-5395. Georgina in Risk Mgmt will now document our files accordingly and personally walk the contract to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity_ Instead. contact this office by telephone or in writing 1 www.sunbiz.org - Department of State 16c,el'of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on Lis.t Next 011..1..10;1 ReJ!!fll To List No Name History !Entity Name Search Submit I Events Detail by Entity Name Florida Profit Corporation E. B. SIMMON OS ELECTRICAL. INC. Filing Information j Document Number K47793 FEIIEIN Number 650086160 j Oate Filed 11/29/1988 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/31/1990 Event Effective Date NONE Principal Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Changed 10/19/2009 Mailing Address 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Changed 10/19/2009 Registered Agent Name & Address SIMMONDS. E. B. 3750 ENTERPRISE AVE #300 NAPLES FL 34104-3659 Address Changed: 10/19/2009 OfficerlDirector Detail Name & Address j TItle PC SIMMONDS. E B 1014 BROAD AVE N NAPLES FL 34102-8103 US Title TS SIMMONDS, L YNE 1014 BROAD AVE N NAPLES FL 34102-8103 US Annual Reports http://www.sunbiz.org/scripts/cordet.exc?action=DE'rFIL&inq_ doc _number==K4 7793&in... 3/15/2010 www.sunbiz.org - Department of State .101",;1 Page 2 of2 Report Year Filed Date 2008 03/14/2008 2009 04/22/2009 2010 02/25/2010 Document Images 02/25/2010 -- ANNUAL REPORT 10/26/2009 --. Reg. Agent Change 04/22/2009" ANNUAL REPORT 03/14/2008:- ANNUAL REPORT 01/18/2007" ANNUAL REPORT Q2LQ5/2006 -",ANNUALBEi'QRT 03/15/2005 -- ANNUAL REPORT 02/03/2004 = ANNUAL REPORT 02/17/2003 c:.ANNJJAL..REPORT 03/13/200;!-=-Ar>lNUI'.LREPORT 04/25/2QQ1=ANNUAL REPORT 04/18/2000 -- ANNUAL REPORT 05/04/1999 -- Ar>lN1LAL REPOR.I Q4,l27/1998-- ANNUAL_REi'ORT O<!iUL1997 .",j\NNUAL R.EPORI 0!jiQ1L1996 -- ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT View image in PPF format View image in PPF formal View image in PDF format View image in PDF format View image inPDF format View image in POF formal View image in PDF formal View image in PDF formal View image in PDF format View image in PDF format View image inPPFformal View image in PDFJormat View image in PDF format View image in POF format View image in PPF format View image in PDF format View image in PDF formal Note: This is not official record. See documents if question or conflict.] Pr~.YiQJJs()IJJ",l~! E;.v_EHlt~ No Name History r>/Jlilt on List R~urn.TQ List IEntity Name Search Submit I Home I ContiJct us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright ([;; 2007 State of Florida, Department of Stilte, http://www.sunbiz.org/scripts/cordet.exe?action=DE'[FIL&inq_doc _ numbcr=K47793&in... 3/] 5/20] 0 Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Sta~io~S C 3 COLLIER COUNTY BID NO. 10-5395 COLLIER COUNTY, FLORIDA Design Professional: RKS Consulting Engineers COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16C3 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form 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 Consulting Engineers and identified as follows: Electrical SCADA & Telemetry Upgrades at Waste Water Sites as shown on Plan Sheets E1 through E22. EXHIBIT N: Contractor's List of Key Personnel 16C3 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations COUNTY BID NO. 10-5395 Separate sealed bids for the construction of Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 18th day of December, 2009, 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 4th day of December, 2009, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via online bidding system~ The Engineer's Estimate for this project is Seven Hundred Eighty thousand Dollars ($780,000.00). Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations Bid No. 10-5395 and Bid Date of December 18, 2009". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-16) 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.collierqov.net/bid. 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 fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the GC-PN-1 16C3 : State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified 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 two hundred seventy (270) calendar days from and after the Commencement Date specified 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 20th day of November, 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing/General Services Director GC-PN-2 16C3 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 GC-P-1 to GC-P-16 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 Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 16C3 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 five (5) 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. Ri~ht to Reject 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. GC-IB-2 16C3 Section 5. SiQninQ 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 legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, 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 sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 16C3 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. GC-IB-4 16C3 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. 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 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 responsive bidder. In such instances. staff shall first verify if the lowest non-local bidder GC-IB-5 16C3 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. 12.3 It is the intent of the County, to award this bid to the lowest, qualified and responsive bidder meeting specifications 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. 12.5 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 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.sunbiz.orq/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who GC-IB-6 16C3 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. 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 fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permiUfee 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 capability 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. 15.3 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. GC-IB-7 16C3 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, 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. Section 17. Public Entitv 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." GC-IB-8 16 C 3 c~ County .~~- Administfative Services 0Msi0n Purchasing Email: ScottJonhnson@colliergov.net Telephone: (239) 252-8995 FAX: (239) 252-6588 ADDENDUM Memorandum Date: December 9. 2009 Scott D. Johnson. Purchasing Agent~ Interested Bidders From: To: Subject: Addendum #1 - ITB #10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: 1. Please specifications 2. New Bid Opening Date January 8,2010 3. Revised Plan Drawings as result from Pre-Bid 4. Clarification of FPL allowance on bid schedule. Contractors to note that the FPL allowance is to be utilized for direct fees charged by FPL for providing the services as shown. Allowance draws will not be granted for poorly coordinated work or FPL fees arising from issues direct with contractor. If you require additional information please post a question on the eBid site or contact me (contact information above). c: Oscar Martinez AddendumTemplate ReVised: 3/25/09 1 16C3 Co~er County Email: ScottJonhnson@colliergov.net Telephone: (239) 252-8995 FAX: (239) 252-6588 Administrative Services Division Purchasing ADDENDUM Memorandum Date: December 10, 2009 From: Scott D. Johnson, Purchasing Agent To: Interested Bidders Subject: Addendum #1 - ITB #10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations" The following clarifications are issued as Addendum #1 identifying the following change (s) for the referenced bid: 1. Please specifications 2. New Bid Opening Date January 8,2010 3. Revised Plan Drawings as result from Pre-Bid 4. Clarification of FPL allowance on bid schedule. Contractors to note that the FPL allowance is to be utilized for direct fees charged by FPL for providing the services as shown. Allowance draws will not be granted for poorly coordinated work or FPL fees arising from issues direct with contractor. If you require additional information please post a question on the eBid site or contact me (contact infor tion above). c: --- Signed E. B. Simmonds. President 3750 Enterprise Ave #300. Naples. Florida Title AddendumTemplate Revised: 3/25/09 t <'\CClJD c;" S,,,-,,,, T~.n"", ''''~ :1009\."" ...."... Do< 0> ,""" _ '-""""'" !<co, ,(}J(j)o ~ " On 00 no 0. <0 n, ~~ ~~ ~g @~ O' ,. o. ~Q , , g~ ,^ ~Z ;~ M ^o :;'5 nO ~, :E! '. ;@ ~~ ~~ " 0'5 o '0 0' .-< ;! '. " >> << rn , ~i , , III " ! !I i: i ~ ~ 8 , i , -+JL~ 0 ~ ~ i ~ ;"' C ~ i ~ ; ~ ~ ~ ~ ~ ~ g q f I }):,H'1@(OO)@(jJ@@@~0~@(oo) .,'-I+I'b',j"'oj"l',," i 1** ~ !! i! II i i! ! ! i l! i ! ! ii ,~! j i I Ii illl ! !!! Ii' d ! ~ !::; ~~~~ ~ 'S:~1l~,j!"~;~ l!j!l~~il'i;li~ ~€€€O:~~l!I1~IlI~;~€€~ ,,~ ~ ~ ~ ~ ~ ~! ~ ~ ! ~ ~ 11 ~ ~ ~ ~ ~ ~ ,:; ,i ! ~ !il ~! 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" Z , > o E i:: ~:qn ~ - ~, ~ 1f H l .~. ~~> ~o~ ~~. <-> ~6~ 0.' ~-. c~~ ~~-oI ~ 2 ., :II c ~ g " 0 1 lHl~ :I: " , 0 a .. I fit . 0 ma:g~ 0 , .. ~ " , ,"'I s"' c 8 I ~ if ~ ~ 0 , 1.01 SYMBOLS 16C3 SECTION 16015 ELECTRICAL REFERENCE SYMBOLS A. In general the symbols used on the drawings conform to the Standard Symbols of the Institute of Electrical and Electronic Engineers with the exception of special systems or agencies as hereinafter noted or as shown in schedules or legends. 1.02 ABBREVIATION A. The following abbreviations or initials are used. AlC A.C. AFF AFG AHU AIC AL AMP ANSI ASA ATS AUX AWG b.c. BIL BKR Oc CAB C. C.B. CBM CFM CKT. Clg. CONDo Conn. CPU CRT CSP CSTC C.T. CU. C.W. D.C. August 1, 2009 Air Conditioning Alternating Current Above Finished Floor Above Finished grade Air Handler Unit Amps interrupting Capacity Aluminum Ampere American National Standards Institute American Standards Association Automatic Transfer Switch Auxiliary American Wire Gauge Bare Copper Basic Impulse Level Breaker Degrees Centigrade Cabinet Conduit or Conductor Circuit Breaker Certified Ballast Manufacturers Cubic Feet per Minute Circuit Ceiling Conductor' Connection Central Processing Unit Cathode Ray Terminal Closed Standpipe (Sprinkler) Communications System Terminal Cabinet Current Transformer Copper Cold Water Direct Current 16015-1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites August 1, 2009 Deg. Disc. D.O. ON. DPST E.C. EEPTS EMT E.O. ESIC of FLA FM FPS FT. FZ GFI gnd. Horiz. hp. hr. I/C ICU IEEE IES IMC m. IPCEA 1B. KV KVA KW LBS LED It. ltg. max. MCB MCP MIC min. M.L.O. MPH MTD MUX MVA N. 16C3 Degree Disconnect Draw Out Down Double Pole Single Throw Electrical Contractor Elevator Emergency Power Transfer Switch Electric Metallic Tubing Electrically Operated Elevator/Systems Interface Cabinet Degrees Fahrenheit Full Load Amperes Factory Mutual Feet per Second Feet Fire Protection Zone (Sprinkler) Ground Fault Interrupting Ground Horizontal Horsepower Hour Intercom Intensive Care Unit Institute of Electrical and Electronic Engineers Illuminating Engineering Society Intermediate Metallic Conduit Inches Insulated Power Cable Engineers Association Junction Box Kilovolt Kilo-Volt-Amps Kilowatts Pounds Light Emitting Diode Light Lighting Maximum Main Circuit Breaker Motor Circuit Protector Microphone Minimum Main Lugs Only Miles Per Hour Mounted Multiplex (Transponder) Panel Mega Volt Amps Neutral 16015-2 Electrical. SCADA & Telemetry Upgrades at Wasle Water Pumping Station SlIes August 1, 2009 1€>C3 NEC National Electric Code NECA National Electrical Contractors Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIC. Not in Contract NF Non Fused No. Number 0/ Phase O.L. Overload OLS Overloads OSHA Occupational Safety and Health Act OS&Y Outside Screw and Yoke (Sprinkler) P. Pole PB Pull box Ph. Phase PNL Panel PR Pair PWR Power PF Power Factor Pri. Primary pSI Pounds Per Square Inch P. T. Potential Transformer PVC Polyvinyl Chloride RMS Root-Means-Square RPM Revolutions Per Minute Recept. Receptacle RSTC Radio/Sound Terminal Cabinet RTD Resistance Temperature Device SCA Short Circuit Amps Sec. Secondary SIN Solid Neutral SPKR Speaker SPST Single Pole Single Throw SW. Switch SWBD Switchboard TEL Telephone TSP Twisted Shielded Pair TTB Telephone Terminal Board TTC Telephone Terminal Cabinet TYP Typical temp. Temperature U.L. Underwriters Laboratories UNO (U.N.O.) Unless Noted Otherwise V Volt VFC VARIABLE FREQUENCY CONTROLLER VFD V ARIABLE FREQUENCY DRIVE W Wire 16015-3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites August 1, 2009 W.P. Weatherproof END OF SECTION 16015-4 16>C3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites l'C3 SECTION 16020 WORK INCLUDED 1.01 DESCRIPTION OF SYSTEM A. The work required under this Division shall include all materials, labor and auxiliaries required to install a complete and properly operating electrical system. B. The electrical system required under this Division consists basically of, but is not limited to the following: 1. Modifications and additions to distribution system for power, including but not limited to feeders, meters and connections to motors and other power loads. 2. A complete grounding system and special grounds as required or noted. 3. Power Surge Suppression systems. 4. Concrete work for pad mounted equipment. 5. Walkthrough of sites prior to start of work to demonstrate a clear understanding of the scope of work. Frank Inzano of Public Utilities Engineering and a member of Collier County Collections. 6. Temporary power as required to maintain lift station operation throughout construction. 7. Complete Telemetry systems including but not limited to antenna, mast and required FCC licensing. 8. Modifications and additions to existing Collections Department Data Flow TAC II SCADA server. 9. Custom pump control panels. END OF SECTION August 1, 2009 16020-1 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites leC3 SECTION 16025 CODES, FEES, AND STANDARDS PART I - GENERAL 1.01 CODES AND FEES A. Install in accordance with latest edition of the National Electric Code and the regulations of governing local, State, County and other applicable codes, including the Utilities Company. Pay for all required licenses, fees and inspections. All articles, products, materials, fixtures, forms or types of construction covered in the specifications will be required to meet or exceed all applicable standards of manufacturer, testing, performance, capabilities, procedures and installation according to the requirements of ANSI, NEMA, IEEE, and NEC referenced documents where indicated and the manufacturer's recommended practices. Requirements indicated on the contract documents, which exceed but are not contrary to governing codes shall be followed. B. Compliance and Certification: The installation shall comply with the governing state and local codes or ordinances. The completed electrical installation shall be inspected and certified by all applicable agencies that it is in compliance with all codes. Utility Company: Comply with latest utility company regulations. C. All work and equipment under this Division shall be in strict compliance with the latest edition of the following codes and standards: I. Life Safety Code - NFPA 101 2. National Fire Protection Association (NFP A) 3. National Electrical Code - NFPA 70; 2008 4. National Electrical Safety Code (NBS Handbook). 5. Requirements of Local Power Company. 6. Florida Building Code 2007 1.02 STANDARDS A. All materials shall be new and free of defects, and shall be U.L. listed, bear the U.L. label or be labeled or listed with an approved, nationally recognized Electrical Testing Agency. Where no labeling or listing service is available for certain types of equipment, test data shall be submitted to prove to the Engineer that equipment meets or exceeds available standards. END OF SECTION August 1, 2009 16025-1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16040 IDENTIFICATION PART I - GENERAL 1.01 NAMEPLATES A. The following items shall be equipped with nameplates: All motors; motor starters, motor-control centers, pushbutton stations, control panels, time switches, disconnect switches panelboards, circuit breakers, contactors, recorders, transmitters, instruments or relays in separate enclosures, thermostats, photocells, power receptacles where the nominal voltage between any pair of conductors is greater than l50V, switches controlling equipment or receptacles, switches controlling lighting fixtures where the fixtures are not located within the same space as the controlling switch, high voltage junction, manholes and pull boxes, instrumentation and control terminal cabinets, pull boxes manholes and cabinets. Special electrical systems shall be identified at junction and pull boxes, terminal cabinets and equipment racks. Electrical contractor is responsible for nameplates on electrical equipment supplied by other divisions and installed and wired by electrical including all instrumentation and controls equipment. A portion of existing equipment affected by this contract shall also receive nameplates as determined by the engineer. B. Nameplates shall adequately describe the function of the particular equipment involved. Where nameplates are detailed on the drawings, inscription and size of letters shall be as shown and shop drawing submitted for approval. Nameplates for panelboards and switchboards shall include the panel designation, voltage and phase of the supply. For example, "Panel A, 277/480V, 3-phase, 4-wire". The name of the machine on the nameplates for a particular machine shall be the same as the one used on all motor starters, disconnect and P.B. station nameplates for that machine. C. Nameplates shall be laminated phenolic plastic, black front and back with white core, with lettering etched through the outer covering resulting in white engraved letters on black background. Attach with brass nuts and bolts. D. Construction sequences, renaming and rework of existing equipment will require new identification tags for some existing equipment. Provide new identification nameplates for existing and new equipment as directed. END OF SECTION August 1, 2009 16040.1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16050 SPECIAL REQUIREMENTS 1.01 AUXILIARIES AND ACCESSORIES A. Include all auxiliaries and accessories for a complete and properly operating system. B. Provide and install all electrical systems and any necessary accessories as per NEC and local codes whether specified herein or shown on drawings or not. The content of these specifications (Division 16) and contract documents in general only refers to work required above and beyond the requirements of the NEC and applicable local codes. 1.02 LAYOUT OF WORK A. Drawings are diagrammatic. Correlate final equipment locations with governing Architectural, Structural, Process Mechanical and Instrumentation and Control drawings. Layout before installation so that all trades may install equipment in spaces available. Provide coordination as required for installation in a neat and workmanlike manner. The engineer reserves the right to move any device 10' from location shown on plans with no additional cost to the owner at any time prior to final equipment installation and startup. 1.03 INVESTIGA TION OF SITE A. Check site and existing conditions thoroughly before bidding. Advise Engineer of discrepancies or questions noted. 1.04 SUPERVISION OF THE WORK A. Provide a field superintendent who has had a minimum of fifteen (IS) years previous successful experience on projects of comparable size and complexity. Superintendent shall be present at all times that work under this Division is being installed or affected. Superintendent shall have passed a proctored H.H. Block Masters Exam with 75% grade or better and shall hold a State Masters Certificate of Competency. A resume of the Superintendent's experience shall be submitted to Engineer before starting work. The resume shall list a minimum of 10 previous industrial plant projects of comparable size and complexity. 1.05 QUALIFICATIONS OF THE CONTRACTOR A. The Electrical Contractor shall be regularly engaged in the construction, maintenance repair and modification of industrial plant electrical equipment devices, and systems. The lead, on-site, technical person shall be approved by the engineer. Provide the services of a pre-qualified electrical contractor that has demonstrated competence in providing electrical systems installation on this type of facility to Collier County August 1, 2009 16050.1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites lsC3 Utilities; The pre-approved electrical contractors for this project are listed below: I. Hart Electric 2. American Electric 3. Mizpah Electric Other firms will be considered by the engineer on submittal of qualifications on or before 14 days prior to bid. Submit 10 example projects of installed history of the type and complexity of this project. Submit project data, and reference contacts. 1.05 COORDINATION A. Provide all required coordination and supervision where work connects to or is affected by work of others, and comply with all requirements affecting this Division. Work required under other divisions, specifications or drawings, indicated to be performed by this Division shall be coordinated with the Contractor and such work performed at no additional cost to Owner including but not limited to electrical work required for roll-up doors, control panel installation, instrumentation and control installation, etc. B. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.06 BASIS FOR WIRING DESIGN A. The drawings and specifications describe specific sizes of switches, breakers, fuses, conduits, conductors, motor starters and other items of wiring equipment. These sizes are based on specific items of power consuming equipment (heaters, lights, motors for fans, compressors, pumps, etc.). Wherever the contractor provides power consuming equipment which differs from, the basis of design, drawings and specifications, the wiring and associated circuit components for such equipment shall be changed to proper sizes to match at no additional expense to the Owner. 1.07 PROVISION FOR OPENINGS A. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.08 CONCRETE PADS A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor control centers, of size as shown on the drawings or required. Unless otherwise noted, pads shall be four (4) inches high and shall exceed dimensions of equipment being set on them, including future sections, by three (3) inches on all sides, except August 1, 2009 16050-2 Electrical. SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sdes lsC3 when equipment is flush against a wall, then the side or sides against the wall shall be flush with the equipment. Chamfer top edges I ". Trowel all surfaces smooth. Reinforce pads with 6" X 6" X 6/6 welded wire fabric. Conduit stub up area within the pad area shall remain void. Coordinate with equipment shop drawings stub up areas. 1.09 SURFACE MOUNTED EQUIPMENT A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or shall be painted as directed by Engineer. Paint shall be in accordance with other applicable sections of these specifications. 1.11 PROTECTION AND CLEAN UP A. Suitably protect all equipment furnished under this Division during construction. Restore all damaged surfaces and items to "Iike new" condition before a request for substantial completion inspection. 1.12 MA TERlALS A. Reference: "General Conditions of the Contract". B. Where several brand names, make or manufacture are listed as acceptable each shall be regarded as equally acceptable. Where a manufacturer's model number is listed, this model shall set the standard of quality and performance required. Where no brand name is specified, the source and quality shall be subject to Engineer's review and acceptance. C. When a product is specified to be in accordance with a trade aSSOCiatIOn or government standard, at the request of Engineer, Contractor shall furnish a certificate that the product complies with the referenced standard. Upon request of Engineer, Contractor shall submit supporting test data to substantiate compliance. 1.13 SUBSTITUTIONS A. Each bidder represents that his bid is based upon the materials and equipment described in this division of the specifications. B. No substitutions will be considered unless written request has been submitted to the Engineer for approval at least ten days prior to the bid date. Submittal shall include the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data and any other data or information necessary for the Engineer to determine that the equipment meets all specification and requirements. If the Engineer approves any proposed substitutions, such approval will be set forth in an addendum. August 1, 2009 16050-3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 1€bC3 C. Substituted equipment or optional equipment where permitted and approved, must conform to space requirements. Any substituted equipment that cannot meet space requirements, whether approved or not, shall be replaced at the Contractor's expense. Any modifications of related systems as a result of substitutions shall be made at the Contractor's expense. 1.14 SUBMITTALS A. Submit Technical Information Brochures at start of construction or within 30 days after Award of the Contract. Each brochure shall consists of an adequately sized, hard-cover, 3-ring binder for 8-] /2" X 11" sheets. Provide correct designation on outside cover and on end of brochure. When, in the judgment of the Engineer, one binder is not enough to adequately catalog all data, an additional binder will be required and data split as directed by the Engineer. Specific shop drawing submittals may be submitted separately after technical information brochures but before any equipment is purchased; provide index and schedule of shop drawings to be submitted within the technical information brochures. B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in these specifications. Second sheet shall be prepared by the Contractor, and shall list Project Addresses and phone numbers with key personnel for this project. C. Provide reinforced separation sheets tabbed with the appropriate specification reference number. D. Technical Information consisting of marked catalog sheets or shop drawings shall be inserted in the brochure in proper order on all items herein specified or shown on drawings. E. At the end of the brochure, provide and insert a copy of the specifications for this Division and all addenda applicable to this Division. F. Submit 7 brochures. Provide separate tag marking on an individual copy for the Owner, Engineer (2), Contractor, Coordinating Testing Subcontractor and Electrical Subcontractor (2). G. The General Contractor shall review the brochures before submitting to the Engineer. No request for payment will be considered until the brochure has been submitted and reviewed completely. H. Submit cost breakdown "Schedule of Values" for electrical work in the Technical Information Brochures. Cost of material and labor for each major item shall be shown. 1. Reference: "General Condition of the Contract". J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be August 1, 2009 16050-4 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites leC3 supplied. Provide detailed plan view shop drawings at expanded scale indicating how actual size of equipment to be provided is to fit into space available; show NEC required working space clearances on plan. Provide detailed elevation views at expanded scale of actual equipment to be provided and how it fits into available wall spaces. Drawings shall be on II" X 17" or 22" X 34" paper and drawn with a computer aided design (CAD) package. The computer aided design package shall be Autocad or converted to Autocad format. Engineering plan backgrounds of the facility shown on the contract documents will be available to the contractor on request. Submittals shall include hard copy and CD-ROM media electronic copies. Additional shop drawing requirements: I. Title drawings to include identification of project and names of Engineer, Engineer, General Contractor, subcontractor and/or supplier, data, number sequentially and indicate in general: 2. Fabrication and Erection dimensions. 3. Arrangements and sectional views. 4 Necessary details, including complete information for making connections with other work. 5 Kinds of materials and finishes. 6 Descriptive names of equipment. 7 Modifications and options to standard equipment required by the contract. 8 Leave blank area, size approximately 4 by 2-1/2 inches, near title block (for Engineer's stamp imprint). 9 In order to facilitate review of drawings, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where item(s) occur in the contract documents. 10 See specific sections of specifications for further requirements. K. Product Data: 1. Submit technical data verifying that the item submitted complies with the requirements of the specifications. Technical data shall include manufacturer's name and model number, dimensions, weights, electrical characteristics, and clearances required. Indicate all optional equipment and changes from the standard item as called for in the specifications. Furnish drawings, or diagrams, dimensioned and in correct scale, covering equipment, showing arrangement of components and overall coordination. 2. In order to facilitate review of product data, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where itcm(s) occur in the contract documents. 3. See specific sections of specifications for further requirements. L. Processing Submittals: August 1. 2009 16050-5 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites I_C3 I. Product Data: For standard manufactured materials, products and items submit seven (7) copies or sets of data. If submittal is rejected, resubmittal shall be seven (7) copies of new data. When approved, four (4) copies will be returned to Contractor. 2. Shop Drawings: For custom fabricated items, initially submit a transparency (suitable for reproduction) together with two (2) prints made there from. When submittal is acceptable, furnish seven (7) prints made from the accepted transparency. 3. Acceptance: When returned to Contractor, submittals will be marked with Engineer's stamp. If box marked "returned for correction resubmit" is checked, submittal is not approved and Contractor is to correct and resubmit as noted, otherwise submittal is approved and Contractor is to comply with notation making necessary corrections on submittal and resubmit for final record. 4. Reference: "General Conditions of the Contract". 5. Note that the approval of shop drawings, or other information submitted in accordance with the requirements hereinbefore specified, does not assure that the Engineer, or any other Owner's Representative, attests to the dimensional accuracy or dimensional suitability of the material or equipment involved, the ability of the material or equipment involved or the MechanicaVElectrical performance of equipment. Approval of shop drawings does not invalidate the plans and specifications if in conflict with the submittal. It is the contractor's responsibility to request in writing and seek written approval from the engineer for all deviations of the plans and specifications. 1.15 PROGRESS AND RECORD ORA WINGS A. Keep two sets of full size (22"x34") white prints on the job, and neatly mark up design drawings each day as components are installed. Different colored pencils shall be used as directed for different systems. Cost of prints shall be included under this Division. All items on Progress Drawings shall be shown in actual location installed. Change any equipment schedules to agree with items actually furnished. B. Reference: "General Conditions of the Contract". C. Prior to request for final payment, furnish a set of as-built drawings on reproducible sepia mylar to General Contractor. 1.16 OPERATING INSTRUCTIONS A. Submit for checking a specific set of written Operating instructions on each item that require instructions to operate. After approval, provide one copy for insertion in each Technical Information Brochure. 1.17 MAINTENANCE INSTRUCTIONS August 1. 2009 16050-6 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 19C3 A. Submit for approval Maintenance Information consisting of manufacturer's printed instructions and parts lists for each major item of equipment. After approval, insert information in each Technical Information Brochure. 1.18 SYSTEMS GUARANTEE A. The work required under this Division shall include a two-year guarantee. This guarantee shall be by the Contractor to the Owner for any defective workmanship or material that has been furnished under this Contract at no cost to the Owner for a period of two years from the date of substantial completion of the System. This guarantee shall not include light bulbs in service after six months from date of Substantial Completion of the System. 1.19 FINAL INSPECTION A. All work on the System shall be completed, and all forms and other information shall be submitted for approval one week before the request for final inspection of the building. 1.20 EQUIPMENT TO BE OF SINGLE MANUFACTURER A. In general, all relays, contactors, starters, motor control centers, switchboards, panelboards, dry type transformers, disconnect switches, circuit breakers, and manual motor starter switches are to be supplied and manufactured by same manufacturer, but must be submitted and approved equal to that specified. 1.2! CUTTING AND PATCHING A. Reference: "General Conditions of the Contract". B. Supplementary Requirements: Any cutting of work in place shall be patched and decorated by such mechanics and in such a manner that the quality of workmanship and finish shall be compatible with that of adjacent construction. 1.22 GENERAL A. Where the requirements of another Division, section, or part of these specifications exceed the requirements of this Division, those requirements shall govern. 1.23 EXISTING CONDITIONS A. Investigate site thoroughly and reroute all conduit and wmng in area of new construction in order to maintain continuity of existing circuitry. Existing conduits shown on plans show approximate locations only. Contractor must verify and coordinate existing site conduits and pipes to any excavation on site. Bids to include hand digging and all required rerouting in areas of existing conduits and/or pipes. August 1, 2009 16050-7 Electrical. SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites leC3 B. Special attention is called to the fact that work involved is in connection with existing facilities that must remain in operation while work is being performed. Work must be done in accordance with the owner's priority schedule as required. Schedule work for a minimum outage to Owner. Request written permission and receive written approval from Owner 48 hours in advance of any shutdown of existing system. Perform work required at other than standard working hours where owner cannot approve outages during regular working hours. Provide temporary power and temporary wiring as required to maintain operation as directed by the owner or engineer to facilitate construction. Protect existing buildings and equipment during construction as required. END OF SECTION August 1, 2009 16050-8 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16110 RACEWAYS AND CONDUIT PART I - GENERAL l.01 DESCRIPTION A. Description of System: l. The entire installation shall be in heavy wall Schedule 80-PVC plastic conduit, and rigid galvanized steel conduit or schedule 40 aluminum conduits unless specifically noted otherwise. Only heavy wall PVC (Schedule 80) shall be used for all raceways trapped underground without concrete encasement protection. 2. Minimum conduit size for all systems shall be 3/4". All conduits shall be U.L. listed and labeled. Conduit sizes shown on the drawings are to aid the contractor in bidding only; the contractor is responsible for conduit sizes as required by NEC fill tables but do not provide smaller conduits than indicated. The contractor is responsible to coordinate the required conduit sizes and conductor quantities for all control and instrumentation system conduit and wiring with the controls subcontractor prior to installation. 3. Provide stainless steel or non-metallic conduit supports and 316 stainless steel hardware in all areas except air conditioned spaces. 1.02 SUBMITTALS A. Product Data: I. Product data shall be submitted on: a. Conduit b. Conduit fittings c. Surface metal raceway PART 2 - PRODUCTS 2.01 RIGID METALLIC CONDUIT A. Hot dipped galvanized rigid steel. Federal Specification WW-C-58l. 2.02 FLEXIBLE STEEL CONDUIT A. Continuous length, spirally wound steel strip, zinc-coated, each convolution interlocked with following convolution. Federal Specification WW-C-566. Liquid- August 1, 2009 16110.1 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper bonding conductor. 2.03 PVC CONDUIT A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC (polyvinyl chloride C-200 Compound), and shall conform to industry standards, and be UL 651 listed in accordance with Article 347 of National Electrical Code for underground and exposed use and NEMA standard TC-2. Materials must have tensile strength of 55 PSI, at 700F, flexural strength of 11,000 PSI, compression strength of8600 PSI. Manufacturer shall have five years' extruding PVC experience. Consistent with requirements provide PVC conduit products by one of the following manufacturers: I. Carlon 2. Cantex 3. J.M. Plastics 4. Queen City Plastics 2.05 Rigid Aluminum Conduit A. Provide rigid schedule 40 aluminum conduit meeting the requirements ofUL 514B. Provide threaded, copper-free aluminum. Provide threaded aluminum conduit fittings, of cast aluminum with integral insulated throat as manufactured by OZ Gedney, T&B, Crouse-Hinds, Killark or Appleton. 2.06 EXPANSION FITTINGS A. Conduit expansion fittings shall be malleable iron, and shall be hot dipped galvanized inside and outside. These fittings shall have a four-inch expansion chamber to allow approximately two-inch movement parallel to conduit run in either direction from normal. They shall have factory-installed packing and internal tinned copper braid packing to serve as an emergency bonding jumper. Unless the fitting used is listed by Underwriters' Laboratories for use "without external bonding jumpers", an external copper bondingjumper shall be installed with each expansion fitting with one end clamped on each conduit entering fitting. PART 3- EXECUTION 3.01 INSTALLATION A. All raceways shall be run in neat and workmanlike manner and shall be properly supported in accordance with latest edition ofNEC with approved conduit clamps, hanger rods and structural fasteners except for PVC conduit installed in exterior locations. PVC conduit installed in exterior locations shall be supported at two foot intervals. Supporting conduit and boxes with wire is not approved. All raceways August 1. 2009 16110.2 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C 3 except those from surface-mounted switches, outlet boxes or panels shall be run concealed from view. Exposed raceways shall be supported with clamp fasteners with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid steel box connections shall be made with double locknuts and bushings. Where PVC penetrates a floor from underground or in slab, a black mastic coated steel conduit elbow shall be used on all conduits. All individual bare copper ground conductors (i.e. service, transformer, or lightning protection grounds) shall be installed in PVC conduit, not metal conduit. This does not apply to bare copper ground conductors run with feeders (as specified in this section). Conduits shall be run parallel to building walls wherever possible, exposed or concealed, and shall be grouped in workmanlike fashion. Crisscrossing of conduits shall be minimized. B. All raceways runs, whether terminated in boxes or not, shall be capped during the course of construction and until wires are pulled in, and covers are in place. No conductors shall be pulled into raceways until construction work which might damage the raceways has been completed. C. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or replacement of said fixtures without disturbing wiring. Except where it is necessary for control purposes, all raceways shall be kept away from items producing heat. D. All raceway runs in masonry shall be installed at the same time as the masonry so that no face cutting is required, except to accommodate boxes. E. All raceways shall be run from outlet to outlet exactly as shown on the drawings, unless permission is granted to alter arrangement shown. If permission is granted arrangement shall be marked on field set of drawings as previously specified. F. All underground raceways (with exception of raceways installed under floor slab) shall be installed in accordance with Section 300-5 of the NEC except that the minimum cover for any conduit shall be two feet. Included under this Section shall be the responsibility for verifYing finished lines in areas where raceways will be installed underground before the grading is complete. G. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. Grounding conductors run with feeders shall be bonded to portions of conduit that are metal by approved ground bushings. H. Insulated bushings shall be used on all rigid steel conduits terminating in panels, wire gutters, or cabinets, and shall be impact resistant plastic molded in an irregular shape at the top to provide smooth insulating surface at top and inner edge. Material in these bushings must not melt or support flame. I. Spare conduit stubs shall be capped and location and use marked with concrete marker set flush with tin ish grade. Marker shall be 6" round X 6" deep with appropriate symbol embedded into top to indicate use. Also, tag conduits in panels where originating. In addition to sparcs shown on the drawing; provide 2 branch power circuits, 2 branch lighting circuits, 2 instrument circuits, 2 control circuits and 2 empty outlet circuits with boxes and blank plates as directed in field; estimate 100' conduit and wire for each run. J. All conduit stubbed above floor shall be separated with plastic interlocking spacers August 1, 2009 16110-3 Electrical. SCADA & Telemetry Upgrades at Waste Water Pump;ng Station Sites .16C 3 manufactured specifically for this purpose, or shall be strapped to Kindorf channel supported by conduit driven into ground or tied to steel. K. Raceways which do not have conductors furnished under this Division of the specifications shall be left with an approved nylon pullcord in raceway. L. Rigid Metallic Conduit electrical metallic tubing, flexible steel conduit and ryc conduit shall be manufactured within the United States. M. All connections to motors or other vibrating equipment (except dry type transformers) or at other locations where required shall be made with not less than 12" nor more than 20" of flexible liquid-tight steel conduit, using special type of connectors with strain relief fittings at both terminations of conduit. Flex connectors shall have insulated throat and shall be T & B 3100 Series or approved substitution. Use angle connectors wherever necessary to relieve angle strain on flex conduit. Connections to dry type transformers shall be made with flexible conduit. Typical length of flex conduit shall be limited to 20" unless specifically approved by the engineer. N. ryC joints shall be solvent welded. Threads will not be permitted on ryc conduit and fittings, except for rigid steel to ryc couplings. Installation of PYC conduit shall be in accordance with manufacturer's recommendations. PYC conduit shall not be used to support fixture or equipment. Field bends shall be made with approved hotbox. Heating with flame and hand held heat guns are prohibited. O. Expansion fittings shall be installed in the following cases: In each conduit run wherever it crosses an expansionjoint in the concrete structure; on one side of joint with its sliding sleeve end flush with joint, and with a length of bonding jumper in expansion equal to at least three times the normal width of joints; in each conduit run which mechanically attached to separate structures to relieve strain caused by shift on one structure in relation to the other; in straight conduit run above ground which is more than fifty feet long and interval between expansion fittings in such a runs shall not be greater than 100 feet for steel conduit and 50 feet for ryc conduit.. P. Rigid metallic conduit installed underground shall be coated with waterproofing black mastic before installation, and all joints shall be recoated after installation. Q. Underground cable identification: bury a continuous, pre-printed, bright colored metalized plastic (electronically traceable) ribbon cable marker with each underground conduit (or group of conduits), regardless of whether conduits are in ductbanks. Locate directly over conduits, 6" to 8" below finished grade. Delete this requirement under building slabs. R. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel runs of power conduit and instrumentation or control conduit with either conduit being rvc or Aluminum. This separation can be reduced to 8" if metallic grounded separation is provided (steel conduit). END OF SECTION August 1, 2009 16110-4 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16120 WIRES AND CABLES 1.01 GENERAL A. Power Conductors: I. Branch circuits and feeder conductors for all three phase electric power shall be stranded copper type XHHW-2 cross-link polyethylene (XLP) insulation and derated to 75 degrees Centigrade. No aluminum wiring shall be pennitted. All wire shall be size shown on the drawings. Ifno size is shown, wire shall be in accordance to NEC and minimum No. 12, except that branch "homeruns" over 50 ft. in length shall be minimum No. 10 for 120/208V circuits. All branch lighting circuits serving HID and Fluorescent fixtures shall be minimum # 10 with each circuit provided with a separate neutral. All wiring shall be manufactured in the USA. B. Taps and Splices: I. All power wiring taps and splices in No.8 or smaller wire shall be fastened together by means of terminal strips except within lighting fixtures and wiring devices where confonnance to NEC practices will be acceptable. All taps and splices in wire larger than No.8 shall be made with compression type connectors and taped to provide insulation equal to wire. Tape shall be heavy duty, flame retardant and weather resistant vinyl electrical tape, minimum 7 mil premium grade with an operating of 0 degree F. to 220 degree F. Provide tape meeting UL 510 and CSA standard C22.2. 2. All taps and splices in manholes or in ground pull boxes, MCCs, etc. shall be approved by the engineer on a case by case basis; be made with high press long barrel double crimp compression type connectors and covered with Raychem heavy wall cable sleeves (type CTE or WCS) with type "S" sealant coating. Install sleeve kits as per manufacturer's installation instructions. C. Color Coding: I. All power feeders and branch circuits No.6 and smaller shall be wired with color-coded wire with the same color used for a system throughout the building. Power feeders above No.6 shall either be fully color-coded or shall have black insulation and be similarly color-coded with tape or paint in all junction boxes and panels. Tape or paint shall completely cover the full length of conductor insulation within the box or panel except for the wire markings. 2. Unless otherwise approved, color-code shall be as follows: Neutrals to be white for 120/208V system, natural grey for 277/480V system; ground wire green, bare or green with yellow strips nominal. 120/208V, Phase A -black; Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B - orange; Phase C -yellow. All switch legs, other voltage system wiring, control and interlock wiring shall be color-coded other than those above. In remodeling August 1. 2009 16120.1 Electricat. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 projects, comply with existing color coding established within the facility. 1.02 INSTRUMENTATlON AND CONTROL CABLE: A. Multiconductor and Multi pair Process instrumentation cable shall be # 16 A WG stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum tape pair shielding, cross link polyethylene or chlorinated polyethylene (CPE) overall sheathed and shielded, type TC instrument cable as manufactured by the American Insulated Wire Co., Belden Wire Co. or equal. B. Multiconductor control cable shall be #14 A WG stranded, 600V, (XLP) cross link polyethylene insulated or polyolefin, cross link polyethylene or chlorinated polyethylene (CPE or Hypalon) overall sheathed type TC control cable as manufactured by the American Insulated Wire Co., Belden Wire Co. or equal. C. Connections: I. All conductor connections shall be on terminal strips including all spare conductors. Provide terminal strips in all cabinets; motor control centers; etc. 2. All connections of stranded wire to screw terminals shall be by insulated spade lugs, crimp fastened to wire except where terminal strips are listed for stranded bare connections in which case delete spade lugs. 3. All conductors shall be marked with mylar wrap type "Brady" labels. Identification labels shall be permanent type and be machine printed. All terminal block terminations shall be labeled. The inside portion of the terminal cabinet doors shall display a protected terminal cabinet drawing with all connections shown and described as to color code, number assigned to connection function of conductor and destination. 4. Wire shall be guided within terminal cabinets by cable supports. All conductors shall be neatly led to terminations. 5. Cabinets: All cabinets shall be labeled with an engraved plastic laminate label riveted to the door. 6. No splices shall be made within a conduit run or in manholes. D. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel run of power conduit and instrumentation or control conduit. This separation can be reduced to 8" if metallic grounded separation is provided. 1.03 SUBMITTALS: A. Submit cut sheets on all major types of wires and cables including splicing tape, and terminating/splicing lugs, conductor identification systems and connectors and cable sleeves. Sample shall be a minimum of24" with exterior sheath clearly marked. B. Submit sample of all cable identification systems products. August 1,2009 16120.2 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites END OF SECTION August 1, 2009 16120-3 16C 3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16170 DISCONNECTS 1.01 GENERAL A. All disconnect switches shall be heavy-duty type. Switches shall be fusible or non- fusible and sized as noted on the drawings. B. Switches shall be 240 volt rated on systems up to and including 120/208V and 600V rated on higher voltage systems. All switches for motors shall be horsepower rated. All switches shall be NEMA 4X stainless steel enclosure except switches mounted in air-conditioned spaces. As an alternate to NEMA 4X stainless steel enclosure provide NEMA 4X switches with aluminum enclosure as manufactured by Bryant. C. Provide and install lugs on disconnect switch as required to accept conductors called for on drawings. D. Provide Switches with an externally operated handle; quick make quick break mechanism; the handle shall be interlocked with the switch cover by means of a defeatable interlock device. The switch shall be lockable in the "off" position with a padlock. Switches shall have arch suppressors, pin hinges and be horsepower rated at 600 volts. E. All disconnect switches shall be furnished from the manufacturer with (2) normally open and (2) normally closed interlock contacts. Motor space heater shall be wired through one set of contacts. The other contact shall be wired through the local off/remote motor switch at the disconnect location. 1.02 SUBMITTALS A. Submit product data on all major types of disconnects. END OF SECTION August 1, 2009 16170-1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16410 ELECTRIC SERVICE PART I - GENERAL 1.01 A. DESCRIPTION Description of System: I. The Electrical Utility Company will provide the electrical service of the characteristics as shown on the Drawings. This Contractor's work will begin where the Utility Company's work ends. 2. The Contractor shall furnish all labor, materials, etc., necessary for a complete approved electrical service as required for this project, including inspection and approval by the Utility and local Inspection Departments (if any) and infonn the Engineer prior to energizing power lines. 3. This Contractor shall notify the Utility Company in writing, with two copies to the Engineer, no later than ten (10) days after signing contracts as to when this Contractor anticipates the power service will be required. B. Underground Electrical Service: I. Furnish and install underground 240 volt 3ph, 4 wire or 240 volt I ph, 3 wire service from existing power company pad-mount transformers or hand holes to main service equipment. Seal conduit with duct-seal where entering building. 2. The underground service shall comply with all the requirements ofthe NEC, local Utility Company and local enforcing authority. C. Metering: I. The necessary direct reading meter cabinet(s) shall be furnished and installed by this Contractor. Approval of the cabinet by the Utility Company must be obtained by this Contractor prior to submitting the Shop Drawings of the cabinet(s). 2. Meter bases shall be furnished and installed by this contractor. Provide aluminum meter bases. Metering bases and conduits must be installed in accordance with the Utility Company requirements. D. FP&L requirements. Work to be completed under this section shall be in accordance with FP&L documentation and standards. Note that FP&L service fees will be paid directly by the owner. 1.02 SUBMITTALS A. Submit product data on: I . Meter base and cabinet. END OF SECTION August 1, 2009 16410.1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16450 GROUNDING PART I - GENERAL 1.01 DESCRIPTION A. Description of System: 1. In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.) shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the N.E.C. Bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. 2. The drilled ground field shall be a minimum of (3) 20 foot by 5/8 inch copperclad ground rods exothermic connected together with #2 solid bare tinned cable. 3. All ground rods are required to be drilled. Driven ground rods will not be accepted. 4. The main ground electrode system impedance-to-ground should be no greater than five (5) ohms. Equipment grounds, depending on size and length of grounding conductor, should be only fractionally higher than system ground. Provide supplemental ground rods as required to achieve 5 ohms or less. 5. Grounding conductors shall be installed providing shortest and most direct path from equipment to ground; be installed in metal conduit with both conductor and conduit bonded at each end; have connections accessible for inspection and made with approved solderless connectors brazed (or bolted) to the equipment or structure to be grounded; in NO case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermic welded to ground rods: All connections at or below grade shall be exothermic welded. 6. All contact surfaces shall be thoroughly cleaned before connections are made to insure good metal to metal contact. 7. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets and shall be manufactured by Anderson, Buchanan, Thomas and Betts Co., or Bumdy. August 1. 2009 16450-1 Elec!rical, SCAOA & Teiemetry Upgrades at Waste Water Pump;ng Station Sites 16C3 8. All exterior grade mounted equipment shall have their enclosures grounded directly to a separate driven ground at the equipment in addition to the building ground connection. 9. Provide bonding between all ground systems. Exterior ductbank counterpoise grounds shall be brought into adjacent building and bonded to the interior ground bus. Lightning protection grounds shall be bonded to building interior ground bus. All Instrumentation and control grounds shall be bonded to the power ground bus. Bond all surge suppression devices to protected equipment cases, the power ground green conductor, the equipment ground rod and to adjacent metallic systems, (hand rail, pipe stands, piping, etc). Bonding shall be facilitated via copper conductors. B. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. A separate green with tracer grounding conductor shall be run from isolated ground receptacles to the isolated ground bar on the serving panel board. Also provide a separate insulated conductor minimum size #2 from isolated ground bar on panel to shielded transformer ground lug. 1.02 TEST EQUIPMENT A. Provide four(4) Fluke 1630 Earth Ground Loop Resistance clamp on meters. 1.03 SUBMITTALS A. Submit product data on ground rods, ground wire, ground connectors and data on exothermic weld. END OF SECTION August 1. 2009 16450-2 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16610 LIGHTNING PROTECTION SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION A. Description of Systems: 1. A Lightning Protection System shall be placed on the structures by experienced installers in compliance with provisions of Code for Lightning Protection Systems as adopted by the National Fire Protection Association and Underwriters' Laboratories. Intent of the lightning protection systems shall be to protect the structures against damage by lightning. All equipment to that result shall be included whether or not specifically called for herein. Installers shall be Underwriters Laboratories certified as Master Label installers or of equal qualifications as approved by Engineer. 2. Provide complete and upgraded lightning protection systems as noted on the drawings. Provide bonding and grounding systems and interconnection to the site lightning protection and grounding systems as shown on the drawings and as specified. All systems shall be in conformance to NFPA-780, UL-96, UL96-A and as shown on the contract drawings. 3. Materials shall comply in weight, size and composition with the requirements of Underwriters' Laboratories and the National Fire Protection Code relating to this type of installation, and shall be UL. labeled. 4. All installations shall be performed to meet Underwriters Laboratories Master Label standards. Provide a UL Master Label for all protected structures to the extent the structures are eligible under the standards ofUL 96A. Ifthe structure is not eligible under the standards of UL 96A, provide a Letter of Findings for the installation at completion of work. 1.02 SUBMITTALS A. Shop Drawings and Product Data: I. Shop Drawings: Shop drawings shall be submitted before work is started. Drawings shall include full layout of cabling and points, and connections. The drawing shall show the type, size and location of all equipment, grounds and cable routing. The drawing shall show all grounds and air terminals that are shown on the contract drawings. See additional requirements for shop drawings in section 16050. 2. Product Data: Product Data shall be submitted on all equipment to show compliance with this section of the specifications and shall include manufacturer's written recommendations for installation. Provide a sample of the air terminal to be used with the shop drawing submittal. 1.03 SYSTEM DESIGN A. The system shall be an effective, aesthetically acceptable streamer-delaying lightning protection system to the standards of Underwriters Laboratories UL 96 & UL96A. The purpose of the system shall be to reduce the likelihood of a direct strike to the protected structure by delaying the formation of streamers from that structure. Secondarily the system shall be designed in such a manner that it affords protection to the structure upon which it is installed in the event a direct lightning strike to the structure does occur. B. The system components shall not require mounting in a specific configuration or impose any other mounting limitations which may interfere with utility use of structure space or otherwise preclude or limit the intended use of the structure. C. All components shall be attached to the structure in such a manner as to reduce the August 1, 20M 16610.1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 possibility of corrosion between dissimilar metals. If installed on a metallic or otherwise electrically conductive structure, the system shall be electrically bonded to the structure upon which it is installed through mounting clamps and brackets, with additional bonding to grounded objects and to the structure, as required or as indicated on the drawings. D. The system shall be composed of components that meet the requirements of Underwriters Laboratories UL 96. Aluminum and Stainless Steel components shall be employed on structures and portions of structures subject to corrosive elements, where the use of copper components could be rendered ineffective, due to the surrounding environment. No dissimilar metals shall be allowed to be in contact. E. Air Terminals shall be mounted on all outside comers of each structure, around the perimeter of each structure at intervals not to exceed twenty (20) feet, and on the interior of each structure in such a manner that no two Air Terminals are separated by a distance of more than fifty (50) feet. In the event this is not practical, such as on a large open tank, Air Terminal spacing around the perimeter shall be decreased to not more than fifteen (15) feet, with a total number around the perimeter not less than the total of the normally required perimeter Air Terminals, plus the additional number of Air Terminals if Air Terminals had been installed on the interior at intervals not greater than fifty (50) feet. F. Each Air Terminal shall be provided with two (2) contiguous paths to ground. On structures with handrails, exposed structural members, or other conductors, provide a bond to structural conductors from the lightning protection system. Handrails shall not be used as a main lightning protection conductor. Provide a continuous lightning protection conductor parallel with handrails and bond from it to each handrail section and a minimum of] 0' on center. In the case of a structure or a portion of the structure where the structure itself is electrically conductive, such as a light pole, tower, etc, that structure or portion of the structure itself may be employed as part ofthe lightning protection system, provided it meets the minimum requirements of UL 96 or UL 96A, and down conductors are specifically not required on such structures. PART 2 - PRODUCTS AND INSTALLATION 2.01 AIR TERMINALS A. Air Terminals shall be ofthe streamer delaying type. Each air terminal shall have a minimum of five hundred dissipater electrode wires, none of which exceed ten thousands of an inch diameter. Electrode material shall be high quality 316 series stainless steel and shall have proper base support for surface on which they are attached, and shall be securely anchored to this surface. Terminals shall project a minimum of 18" above top of object to which attached. B. Streamer-delaying Air Terminals shall be manufactured by Lightning Master Corporation. 2.02 CONDUCTORS A. Roof conductors shall consist of rope lay tinned copper conductor complying with the weight and construction requirements for Class II lightning protection systems (115,000 CM). Conductors shall be coursed to interconnect with air terminals, and in general, provide a two- way minimum path to ground. The angle of any turn shall not exceed 90 degrees, and shall provide an approximately horizontal or downward course. Down conductors shall be copper, and shall be installed in PVC conduit and hidden within the structure. Approved bi-metal transitions from aluminum conductors for bonding of aluminum roof structures (exhaust fans, etc.) to copper down conductors shall be provided. B. Only in the case where aluminum building flashing, aluminum handrails, ahnninum catwalks is specified. will aluminum roof conductors be acceptable; otherwise provide copper system throughout. All down conductors shall be copper. Radius of bends shall not be less than 8 inches. C. Counterpoise loop ground conductors shall be tinned copper and be a minimum size equal to August 1, 2009 16610.2 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 the main roof conductor size (l15,000cm) or 2/0. 2.03 FASTENER A. Conductor fasteners shall be of the same material as the conductor, having ample strength to support conductor. Where fasteners are to be mounted in masonry or structural work, they shall be furnished to the Masonry or Structural Contractor so they may be installed during construction of the project. B. All fasteners shall be of a heavy-duty bolted type typically used for Class II lightning protection systems. Conductor to conductor connections shall be through heavy-duty pressure type bolted fasteners. Splice and bimetal connections shall be through four bolt pressure type heavy-duty connectors. Crimp fasteners shall not be used. C. Dissimilar metals shall not be allowed to be in contact. Aluminum fittings shall be mounted on aluminum where necessary, and bonded to the main system using bi-metal connectors. Lead coating shall not be acceptablc as a bi-metal transition. D. All mechanical termination points and lugs shall have an anti-corrosive coating applied. In areas subject to chemical corrosion (odor control, degasifiers, chern. Rooms, etc.) apply Glyptal 1201 red enamel coating after termination is made. In other less corrosive areas apply Permatex battery protector sealer (SA-9) or Glyptal1201 or equal. E. Lugs for copper cable shall be high copper alloy terminals or stainless steel equal to Burndy type QDA Qiklug. Lugs of aluminum alloy are not acceptable. 2.04 GROUND CONNECTIONS A. Ground rods shall be installed in the quantities as indicated on the drawings and as required by NFPA-780. Ground rods shall be placed a minimum of two (2) feet from building foundations. In addition to above artificial grounds, one down conductor of each two-path system shall be connected to water piping system with approved water pipe type strap connector. All ground rods shall be 5/8" X 20' copperweld type. All connections made below grade shall be exothermically welded (cadweld) connection and placed in a ground rod inspection well as detailed. B. Soil type in the area is primarily sand with rock layer below. The rock layers on site will require drilling of ground rod holes. All ground rods shall be installed vertically. After drilling and installation of rod, back fill with sand and hydro compact around rod to provide low resistance to ground. 2.05 GROUND ROD & GROUND SYSTEM TESTING A. The contractor shall utilize a clamp on ground loop tester during construction to check the system for high resistance connections. The resistance at any point below the air terminal shall be less than 5 ohms. The resistance at grade level on the down conductors should be less than 2 ohms. The contractor shall investigate and correct high resistance readings within the system. Demonstrate to the engineer's satisfaction with witness testing, provision of a low resistance installation meeting this specification. B. Provide three point fall of potential ground testing on a minimum of one ground rod on each facility prior to connection to the counterpoise system. As an alternate provide ground rod selective method testing with appropriate ground testers. The complete ground system shall be three point fall of potential tested after completion of work. The system shall be tested at a minimum of three points spaced around the site using the "Tagg Slope" technique. Total grid system grounds should be less than one ohm. 2.06 INSTALLATION A. Installation shall be made in an inconspicuous manner with conductors coursed to conceal equipment as much as possible. Down conductors shall be concealed within structure, and August 1. 2009 16610.3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 shall be run in 1" PVC conduit. Surface mount down conductors to existing structures in a neat and workmanlike manner. All metallic equipment within 6 feet of any lightning conductor shall be bonded to conductor. System shall also be tied to the main service electrical ground and other ground systems in the area. 2.07 COORDINATION A. The installer shall coordinate the lightning protection work to insure a correct, neat, and unobtrusive installation. B. Any electrical service grounding system and metallic water service piping to the structure shall be electrically bonded to the lightning protection system. C. The contractor shall coordinate his work in such a manner as to not interfere with the normal operation of the structure upon which the installation is performed. 2.08 Material Manufacturers A. Equipment shall be as manufactured by Thompson Lightning Protection, Inc. Independent Protection Company, Inc., Heary Brothers Lightning Protection, Harger Lightning Protection, Robbins Lightning Protection or Lightning Master Corporation. END OF SECTION August 1, 2009 16610.4 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16709 SURGE SUPPRESSION, BONDING & GROUNDING PART I GENERAL I APPLICABILITY A. Surge suppression, grounding and bonding requirements outlined herein shall be fully applicable to all electrical and electronic systems which are provided as part of this contract under this division. It is intended that surge suppressors, grounding and bonding provisions as described herein be provided for each system or device by the contractor installing the system or device. Under certain circumstances, Surge suppression devices, bonding and special grounding may be required as provision for owner provided systems or equipment. Specific requirements for such additional surge suppression, bonding, and grounding will be indicated on the contract drawings or described elsewhere in this specification. B. Surge suppression, bonding and grounding shall be required on electrical and electronic systems apparatus residing outside the confines of a protected building. Tower mounted lighting, RF transmitters and active repeaters are examples of these types of devices. C. Requirements of this section shall be fully applicable to systems furnished under other divisions when reference is made to this section. References shall be by section number, name, or both. 2 REFERENCE STANDARDS AND PUBLICATIONS A. The following standards and publications are referenced in various parts of this section and shall apply to this work: 1. ANSI/IEEE C62.41-1980 (IEEE 587) Guide for Surge Voltages in Low- Voltage AC Power Circuits. For purposes of this specification, category A and B exposures shall be as described. Category C exposure shall be assumed to be similar to category B in terms of surge waveforms, however, maximum voltage amplitude shall be assumed to be ten kilovolts and maximum current amplitude shall be assumed to be ten kiloamperes. 2. ANSI/IEEE C62.31-1977 (IEEE 465.1-1977) Standard Test Specifications for Gas Tube Surge Protective Devices. 3. ANSI/IEEE C62.1-1984 Standard for Surge Arresters for AC Power Circuits. 4. ANSI/IEEE C62.32-1981 Standard Test Specifications for Low-Voltage Air Gap Surge-Protective Devices. 5. ANSI/IEEE C62.33-1982 Standard Test Specifications for Varistor Surge- August 1, 2009 16709-1 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 Protection Devices. 6. ANSI/IEEE Standard 81-1983 Guide for Measuring Earth Resistivity. Ground Impedance. and Earth Surface Potentials of a Ground SYstem. 7. Lightning and 60 Hz Disturbances at the Bell Operating Company Network Interface. Bell Communications Research Technical Reference TR-EOP- 00000 I, Issue I, June 1984 8. UL-1449 Standard for Transient Voltage Surge Suppressors Issue I August 28, 1985. B. ANSI/IEEE standards may be obtained from the Institute of Electrical and Electronics Engineers, Inc. 345 East 47th Street, New York, NY, 10017. C. Qualified surge suppression and equipment manufacturers may obtain a copy of the Bell Communications Research Standard through a Bell Operating Company representative. This document is also on file at the Engineer's office for review by interested parties. Permission to copy this document has not been granted. 3 SYSTEM PERFORMANCE CRITERIA A. Surge suppression, grounding and bonding required by this specification for protection of electronic systems shall effectively protect the systems to which it is applied against lightning and other surge transients throughout the useful life of the system. Surge suppression devices and related grounding and bonding systems shall be designed and installed in such a manner that normal operation of the system is not impaired due to installation of such devices. B. Calculations for suppressor pulse-lifetime ratings shall assume the devices are installed in areas of medium exposure when such devices are installed in ANSI/IEEE 62.41-1980 category A or B locations. Devices in category C locations shall be considered to be in an area of high exposure. Frequency of surge occurrence and surge amplitudes shall be as outlined in this standard with a required minimum suppressor lifetime of fifteen years. C. Electronic system equipment shall be protected by dealing with each group of related devices as a "cluster" of equipment and protecting all metallic circuits which enter and leave the cluster. The cluster may be as large as a computer room, control room or equipment room or as small as an individual equipment cabinet. For purposes of establishing maximum size, all equipment within a protected cluster shall fall within a circular area of not greater than twenty-five feet in radius around a common point. All metallic circuits entering and leaving the equipment cluster shall be grouped together at a common point or "window" not larger than four by eight feet in dimension and protected with one exception. Circuitry which is supported by equipment within the cluster and extending beyond the cluster to serve devices within the building shall not require protection provided all of the following conditions are met: August 1. 2009 16709.2 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 I. Circuitry is enclosed within ferrous metal conduit. 2. No wiring within the raceways containing such circuits extends beyond the confines of the building. 3. No connection is made between this wiring and conduit ground outside of the protected perimeter established for the equipment cluster. 4. All devices connecting to such circuits shall have no connections to conduit, other grounds or other power sources outside the perimeter established for the equipment cluster. 5. All wiring to devices (and circuitry within devices) must be insulated from conduit and other grounds to a minimum impulse breakdown level of 5000 (five-thousand) volts or greater. D. All equipment chassis within a protected equipment cluster shall be effectively isolated from stray grounds and bonded only to a ground bar at the "window" location for the cluster. The ground terminals of the suppressors protecting the equipment cluster shall also connect to this bar using a short direct route. The ground bar for each equipment cluster shall interconnect with each of the following external grounding systems: I. Electrical "Green-Wire" grounds serving equipment within the cluster. 2. The building metallic structure at the closest point. 3. The nearest point of attachment to the building cold water piping system (if metallic). 4 SPECIAL CABLING REQUIREMENTS A. Cabling extended beyond the protected confines of a building, either direct burial or enclosed in non-ferrous conduit shall be designed for direct burial in a high lightning environment. B. Cables shall be expected to carry significant potentials associated with the direct or induced effects oflightning and protection from pinhole sheath damage and subsequent electrolytic action shall be provided. C. Cable design shall include a metallic shield and high density polyethylene outer jacket. Flooding compound shall be provided between the jacket and shield to heal pinhole jacket penetrations resulting from lightning. Standard direct burial telephone cables and CATV cables are acceptable for this application. 5 EXEMPTION FROM EXTERNAL SURGE SUPPRESSION REQUIREMENTS August 1, 2009 16709.3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites ^-._._~_._--~---~.__.__._-_.~---,~-<~ 16C3 A. It is recognized that equipment and system manufacturers are beginning to address surge suppression as an inherent part of their equipment design and it is the intent of this specification to penn it the use of such equipment without requiring supplementary external surge suppression. B. Specific exemption will be granted for such systems and equipment upon receipt of documented tests from the manufacturer certifying the ability of the equipment or system to withstand common and differential mode surges on all metallic circuits using levels and wavefonns described in ANSI/IEEE C62.41-1980 and as extended in the standards paragraph of this section. Pulse lifetime and withstand ratings for equipment shall be certified based on the appropriate category of exposure for a medium or high exposure location as appropriate to the location in which the equipment will be installed. C. Exposure for circuits which connect to telephone company lines shall be detennined from the Bell Communications Research Standard listed herein. Frequency of surge occurrence shall also be detennined from this standard. D. Surge suppression furnished as an integral part of the equipment or system shall be designed for a useful lifetime of fifteen years under conditions of exposure as outlined in the appropriate standard. E. Grounding and bonding provisions described herein shall apply to all equipment which is internally protected by the equipment manufacturer. F. In absence of a more relative standard, ANSI/IEEE C62.4l-l980 exposure categories and waveforms shall be utilized in determining protective requirements for both power and signal wiring. The branch circuit wiring systems providing power to various electronic systems are quite similar to signal wiring in tenns of topography and electrical characteristics which determine their ability to propagate surge energy. 6 MANUFACTURER QUALlFICA nONS - A. All surge suppression devices shall be manufactured by a company normally engaged in the design, development, and manufacture of such devices for electrical and electronic systems equipment. B. The surge suppressor manufacturer shall offer factory repair service for all non- encapsulated assemblies and replacement for all encapsulated units. 7 WARRANTY A. All surge suppression devices and supporting components shall be guaranteed by the installing contractor to be free of defects in materials and workmanship for a period of one year from the date of substantial completion for the system to which the suppressor is attached. August 1, 2009 16709.4 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 B. Any suppressor which shows evidence offailure or incorrect operation during the warranty period shall be repaired or replaced at no expense to the Owner. Since "Acts of Nature" or similar statements include the lightning threat to which these suppression devices will be exposed, any such clause limiting warranty responsibility in the general conditions of this specification shall not apply to this section. 8 SUBMITTAL A. Surge suppression devices shall be submitted as an integral part of the equipment submittal for the system or equipment which they protect. Surge suppressors and their wiring, bonding, and grounding connections shall be indicated on the wiring diagrams for each system. Equipment grouped in clusters for the purposes of protection shall be indicated on the drawings by cluster and all bonding and grounding connections for the cluster shall be shown. B. The surge suppression submittal shall also include, but shall not be limited to, the following additional data: I. Complete schematic data for each suppressor type indicating component values, part numbers, conductor sizes, etc. 2. Dimensions for each suppressor type indicating mounting arrangement and required accessory hardware. 3. Manufacturers certified test data indicating the ability of the product to meet or exceed requirements of this specification. 4. If requested, a non-encapsulated sample of each suppressor type to be used for testing and evaluation. If requested by the manufacturer, sample will be held confidential unless cause is found to suspect that actual devices furnished do not match sample. Samples will not be returned. 5. It is recognized that certain manufacturers do not wish to divulge the contents of their products. Under these conditions, and in lieu of the required sample, the suppressor manufacturer may submit certified test data from a recognized independent testing laboratory indicating compliance with each element of this specification. PART 2 - PRODUCTS POWER SUPPRESSORS FOR ELECTRONIC EQUIPMENT A. Each item of electronic equipment provided under this contract and connected by line cord or direct wired to the building electrical system shall be provided with a three-stage single or multi-phase hybrid suppressor. Fusing shall be provided which removes the protective elements from the circuit upon failure. Visual indication or loss of output power shall be used to notify the user of device failure. August 1, 2009 16709-5 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping StaNon Sites 16C3 B. Suppressors shall be rated for a minimum of 125% of their continuous electrical load. Suppressors for cord connected equipment shall be equipped with standard NEMA cordsets one of which includes a molded grounding receptacle and the other, a molded grounding plug. Suppressor shall be installed in series with the power cord for the protected equipment. Where several items of equipment are grouped within the same cluster of equipment, one suppressor may be used in conjunction with properly sized grounding plugstrip to serve the equipment. C. Suppressors for direct wired equipment shall be identical in internal design to the unit described for cord connected applications, however, protected screw terminals suitable for termination of solid copper wire shall be used for wiring terminations. One suppressor may be used to support several equipment cabinets provided all cabinets are located within the same equipment cluster and the maximum connected load shall not exceed eighty percent of the rated suppressor capacity. D. Suppressors shall be constructed with a phenolic non-flammable exterior housing with provisions for mounting to the interior of equipment racks, cabinets, or to the exterior of free-standing equipment. Suppressors shall be constructed as three-stage devices. The first stage shall include a high-energy varistor clamp between line and neutral and from neutral to ground. The second stage shall consist of series air-core inductor installed in the line conductor(s) to properly coordinate the action of the first and third stages. The third, fast acting, hard clamping stage shall consist of a network of silicon avalanche bipolar surge suppression diodes between the neutral and line conductor(s). E. Minimum suppressor performance characteristics shall be as follows: 1. Maximum single impulse line-to-neutral current withstand: 15,000 Amperes (8 x 20 us waveform) 2. Maximum single impulse neutral-to-ground current withstand: 10,000 Amperes (8 x 20 us waveform) 3. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 4. Pulse lifetime rating for 200 Ampere (8 x 20 us waveform): 10,000 occurrences 5. Worst case response time: Five Nanoseconds 6. Worst case (Maximum Single Impulse Current Conditions) clamping voltage: 400% of nominal phase-to-ground RMS voltage. 7. Initial breakdown voltage: 200% of nominal phase-to-ground RMS voltage. 2 SUPPRESSORS FOR SINGLE CONDUCTOR PROTECTION August 1, 2009 16709.6 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 A. Suppression devices for single conductor protection shall be provided in multi- circuit pluggable packages suitable for the circuitry to be protected. Units for protection of data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with individual wiring conductors shall be equipped with accessory terminal blocks or strips suitable for the type of wiring being used. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing approved for the location. B. Suppression for each circuit shall consist of a two-element gas tube first stage, a series isolating element, and a silicon avalanche second stage. Resistive limiting elements may be used where the voltage drop across the series resistance has no effect on circuit operation. Inductive series elements may be used on other circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: 1. Maximum single impulse conductor-to-ground current withstand: 12,000 Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of nonnal operating voltage peak amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to ground at the rated diode breakdown voltage. Suppressors intended for use on high frequency or high baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. August 1, 2009 16709-7 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 3 SUPPRESSORS FOR CONDUCTOR PAIR PROTECTION A. Suppression devices for conductor pair protection shall be provided in multi-circuit pluggable packages suitable for the circuitry to be protected. Units for protection of data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with multiple wiring pairs shall be equipped with an accessory terminal blocks or strips suitable for the type of wiring being used. Single pair units shall be configured as encapsulated units with wire leads or screw- terminal wiring terminations. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing to afford physical protection for the surge suppression modules. B. Suppression for each pair shall consist ofa three-element gas tube first stage, an isolating element in series with each conductor of the pair, and a silicon avalanche second stage. Second stage clamping shall be provided across the pair for differential mode protection and from each side of the pair to ground for common mode protection. Resistive limiting elements may be used on low current circuits where the effect of voltage drop across the series resistance has no effect on circuit operation. Inductive series elements shall be used on higher current circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: I. Maximum single impulse conductor-to-ground or conductor to conductor current withstand: lO,OOO Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 10 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of normal operating voltage peak August 1. 2009 16709-8 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to line or line to ground at the rated diode breakdown voltage. Suppressors intended for use on high frequency or high baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 4 BONDING AND GROUNDING CONDUCTORS AND MA TERlALS A. Conductors utilized for surge suppressor bonding shall be a minimum of#6 A WG solid insulated copper unless otherwise specified. B. Ground bus or strip material shall be copper, a minimum of 26 gauge in thickness and three inches wide unless otherwise specified. Bus materials may be secured to surfaces with an appropriate mastic material or mechanical fasteners. Bus connections shall be bolted or brazed and reinforced as necessary on thin bus material to provide a permanent and secure connection. C. Unless otherwise specified, all surge suppression grounding electrodes shall be 5/8" diameter copperweld rods, twenty feet in length. D. Connectors, splices, and other fittings used to interconnect grounding conductors, bond to equipment or ground bars, shall comply with requirements of the National Electric Code and be approved by Underwriters Laboratories for the purpose. E. Connectors and fittings for grounding and bonding conductors shall be of the compression or set-screw type in above grade locations. Connections below grade shall be exothermically welded or brazed. F. Bonding connections between electrically dissimilar metals shall be made using exothermic welds or using bi-metal connectors designed to prevent galvanic corrosion. PART 3 - EXECUTION SEGREGATION OF WIRING A. All system wiring shall be classified into protected and non-protected categories. Wiring on the exposed side of suppression devices shall be considered unprotected. August 1, 2009 16709.9 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 Surge suppressor grounding and bonding conductors shall also fall into this category. B. All wiring between surge suppressors and protected equipment shall be considered protected. Isolated circuitry exempted from surge suppression requirements in part one of this section shall also be considered protected. C. A minimum of three inches of separation shall be provided between parallel runs of protected and unprotected wiring in control panels, terminal cabinets, terminal boards and other locations. In no case shall protected and unprotected wiring be bundled together or routed through the same conduit. Where bundles of protected and unprotected wiring cross, such crossings shall be made at right angles. 2 INSTALLATION OF SUPPRESSORS A. Suppressors shall be installed as close as practical to the equipment to be protected consistent with available space. Where space permits and no code restrictions apply, suppressors may be installed within the same cabinet as the protected equipment. Suppressors installed in this manner shall utilize the equipment chassis as a medium for bonding of their ground tenninals. Bonding jumpers not exceeding two inches in length shall be installed between the chassis and suppressor ground terminals. Bolted connections with star washers shall be used to insure electrical and mechanical integrity of connections to the equipment chassis. B. Suppressors shall be installed in a neat, workmanlike manner. Lead dress shall be consistent with recommended industry practices for the system on which these devices are installed. C. Bonding between ground terminals for power and signal line suppressors serving a particular item or cluster of equipment shall be kept as short as possible. Where practical, suppressors shall be installed in a common location for the cluster with their ground terminals bonded closely together. For installations requiring separation between the various suppressor grounds and equipment chassis within an equipment cluster, the following table shall be used to determine bonding conductor requirements (distances are measured between most distant suppressor or chassis grounds): BONDING DISTANCE MATERIAL o - 10 feet 10- 25 feet 25- 50 feet Over 50 feet #6 A WG Bare Copper (Solid) 1-112" Copper Strip 26ga. Min. 3" Copper Strip 26ga. Min. 6" Copper Strip 26ga. Min. Care shall be exercised to avoid connection of incidental grounds to the bonding bus system. D. Where terminal cabinets are used to house surge suppressors, painted steel August 1, 2009 16709.10 Electrical, SCADA & Telemelry Upgrades at Waste Water Pumping Station Sites 16C3 backboards shall be used to serve as a low impedance ground plane for bonding surge suppressor leads together. Terminal boards used for the same purpose shall be laminated with a single sheet of 14 ga. galvanized steel to serve as a ground plane for suppressors. Suppressors with ground terminals not inherently bonded to the ground plane through their mounting shall be bonded to this plane using a two-inch maximum length of#12A WG copper wire and suitable lug. Ground planes and backboards shall be drilled to accept self tapping screws, any paint in the area of the bond shall be removed and star washers shall be used. E. Supplementary grounding and bonding connections required between the bonding bus or ground plane for each equipment cluster and other locations as indicated herein shall be accomplished using #6 A WG bare copper conductor and approved connections unless otherwise noted. END OF SECTION August 1. 2009 16709.11 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 SECTION 16900 PART I - GENERAL TELEMETRY SYSTEM 1.01 SCOPE A. Furnish, install and make operational, complete with all accessories, microprocessor based digital telemetry and monitoring system as described herein and shown on the contract drawings. This specification is intended to be used in conjunction with all drawings supplied and is not intended to be complete without reference diagrams on system configurations, etc. It is the intent of this specification that the remote telemetry system contractor has single source responsibility for the complete system. All materials and labor shall be provided for a fully functional system including any items which are required for system operation but are not specifically addressed in this document or on the contract drawings. B. This Specification has been developed to establish minimum requirements for a custom designed Supervisory Control and Data Acquisition (SCADA) system for Collier County Waste Water Collection System. This system shall be designed, constructed, tested and documented in strict accordance with the guidelines of this document. The contractor shall provide all labor, materials, equipment, power supplies, relays, transmitters, controllers, conduit, wiring, electrical modifications, antenna, antenna structures, radios, computers, software, training, and incidentals that are required to furnish and install, field test, functionally demonstrate and place in service a fully integrated and functional Radio Telemetry SCADA system. C. Provide the telemetry system for this project to match the existing Collier County Collections telemetry systems by Dataflow Systems. The telemetry system shall include the RTU, antenna system and hardware and software integration at the existing Collier County Collections Central Telemetry System. 1.02 TELEMETRY SYSTEMS INTEGRATOR A. The contractor is required to utilize the services of the proprietary telemetry system vendor, Dataflow Systems. 1.03 SUBMITTALS A. Shop Drawings shall be submitted in accordance with Section 16050, Shop Drawings, Product Data and Samples. These drawings shall include: 1. A cover sheet consisting of a Bill of Material, purchase order number, manufacturer's job number, application and shipping address. 2. Mechanical layouts detailing the overall external dimensions of all enclosures. Include all pertinent information such as location of door handles, windows, lifting lugs and enclosure mounted items such as August 1. 2009 16900,1 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 controller chassis and I/O modules (show cable connections on modules), relays, cooling fans, etc. 3. Details for mounting of the processor, I/O racks, relays, disconnect switch, fuse blocks, wireways, etc. All materials shall be labeled to provide easy cross-reference to the Bill of Material listing. This drawing shall show the layout of the control panels indicating every device with complete identification, data sheets and source of the material. 4. Electrical drawings detailing all hardwiring, done by the supplier, to devices such as relays, pump controller modules, disconnect switches, fuse blocks, etc. Provide individual wire numbers and relay contact cross-reference designations. 5. A description of all input and output modules by name, rack, module and terminal location. 6. A description of all terminal block designations and individual terminal numbers. Provide complete master wiring diagrams, elementary schematics and control schematics. Suitable outline drawings shall be furnished as part of this submittal. B. Standard or typical pre-printed sheets or drawings simply marked to indicate applicability to this contract will not be acceptable. Shop drawings shall be on standard 22" X 34" or II" X 17" media; drawn with a computer aided design package. The computer aided design package shall be AUTOCAD version 14 or higher or converted to Autocad DXF format. Engineering backgrounds ofthe project shown on the contract documents will be available to the contractor on request. Submittals shall 3.5" floppy disk copies using IBM compatible DOS format. C. All control schemes, software, firmware, drawings, operation and maintenance manuals and other features employed or developed for this project shall become the property of the Collier County Utilities Department without restriction on their reuse. D. Provide eight additional sets of operation and maintenance manuals containing the above information with recommended maintenance data to the owner by signed receipt prior to the system substantial completion. These manuals shall also include: I. System specifications 2. Electrical power requirements 3. Application considerations 4. Assembly and installation procedures 5. Power up procedures 6. Troubleshooting procedures 7. Programming procedures 8. Explanation of internal fault diagnostics 9. Shut down procedures 10. Recommended spare parts list August 1. 2009 16900-2 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 II. Common trouble faults and cures. 1.04 SYSTEM WARRANTY: A. The telemetry network, accessory equipment, and RTUs shall have a minimum ofa two-year warranty that covers all parts and labor against defects in materials, workmanship or software. PART 2 - PRODUCTS; HARDWARE AND SOFTWARE REQUIREMENTS 2.01 Hardware and software shall be provided as detailed in the Data Flow Systems proposals attached as appendix-A (Quotation No. 090811-01-DW Collier County Utilities MPS-I02 Electrical & Telemetry Upgrades) and made an attachment to this specification. Provide for communications with the pump station PLC through hardwired inputs to the process. 2.02 Telemetry Control/Monitoring/Alarm Signals communicated with the pump station PLC shall include but not be limited to. A. The following digital input status signals from the PLC shall be provided to the R TU for transmission to the Master Telemetry Unit. I. Pump run/off (each pump) 2. Pump not in auto (not ready) each pump 3. Utility supplying load 4. Generator supplying load 5. Generator running. B. The following digital input alarm signals from the PLC shall be provided to the R TU for transmission to the Master Telemetry Unit. I. Control power failure; UPS fault. 2. VFD Failure from each pump 3. Control Bldg. Temperature Alarm 4. Generator Trouble 5. Generator Shutdown 6. PLC fail 7. Utility Power Failure 8. Pump check valve alarm from each pump 9. Pump VFD current limit each pump. 13. Other input as specified or required. C. The following analog input monitoring signals from the PLC shall be provided to the RTU for transmission to the Master Telemetry Unit. I. Discharge flow rate 2. VFD speed each drive. 3. Discharge pressure 4. Diesel Tank level 5. Pump Suction Pressure(each pump) D. The following digital output control signals from the Master Telemetry Unit shall be transmitted to the RTU. August 1, 2009 16900-3 Electrical, SCADA & Teiemetry Upgrades at Waste Water Pumping Station Sites 16C3 ]. Generator Start and transfer load 2. Lead lag pump select 3. AlIowlDisallow pump run each pump 4. Check Valve Fault each pump 2.03 In addition to the above parameters, provide RTU capable of downloading virtual setpoint parameters for control of the pump station. Virtual parameters shall include but not be limited to. I. High pressure alarm 2. All pumps off 3. Lead pump start 4. lag pump stop 5. max speed setpoint 6. lag pump start 7. low pressure alarm PART 3 EXECUTION 3.0] INSTALLATION A. The work included in this section consists of furnishing, installing and placing in operation the instruments and appurtenances, including all conduit, wiring and circuitry, necessary to provide the Owner with a fully operable system properly calibrated and installed. B. Include the services of a factory trained, qualified service engineer of the equipment manufacturer to inspect the complete equipment installation to assure that it is installed in accordance with the manufacturer's recommendations, make all adjustments necessary to place the system in trouble-free operation and instruct the operating personnel in the proper care and operation of the equipment furnished. C. All workmanship utilized in the manufacture and installation of this system shall be of the highest quality and performed in a manner which is consistent with all accepted practices for industrial controls. D. The supplier shall construct and verify proper operation and communications of each assembled system before shipment to the site. These performance tests shall be repeated once the system is installed and re-assembled. 3.02 START UP SUPERVISION A. The system supplier shall provide a qualified service technician to inspect all final connections and check the system prior to start-up of the telemetry system. The service technician shall coordinate with the owner's representative for functional check-out of the complete system. B. A system software engineer shall be provided on site during start up ofthe telemetry system to make modifications to the RTUs and Control Computer/ Operator August 1, 2009 16900-4 Electrical. SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 Interfaces and re-program the system as deemed necessary or as requested by the engineer or owner. C. The system supplier shall provide one (I) day of training instruction to the owners personnel to include; operator training, R TU software database structure, CTU software database structure; R TV and CTU software database building; system repair and maintenance. END OF SECTION August 1. 2009 16900-5 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites - --,._-~--<>_.~---_....~-_.,,_._._,~-~.,_...,,---~--_.... 16C3 1 Data flow 8'18tdHf8 QUOTATION NO. 090811-01-DW COLLIER COUNTY UTILITIES MPS-102 ELECTRICAL & TELEMETRY UPGRADES AUGUST 11. 2009 Page 1 of 3 Data Flow Systems will provide a fabricated RTU for the hardwired 'Terminal Block F" connections identified on drawing E16. The future I/O points listed in the specification are available on RTU modules. but are not wired. The complete I/O list is outlined below. Other than the "virtual parameters" identified. no automation is provided by the RTU. Please note that an interface with the existing PLC is not anticipated or included in this scope. The RTU radio will be programmed to communicate with the existing Shirley Street tower. This quotation includes the following: BILL OF MATERIAL: . REMOTE TERMINAL UNIT (RTU): (1) RTU Enclosure SS 304. Nema 4x. 36x30x10 (2) Modular Backplane (1) RF Pigtail (1) Radio Interface Module/radio (1) PLC Bypass Card (3) Digital Monitor Module (DMM002) (1) Digital Control/ Monitor Module (DCM003-1) (2) Analog Monitor Module (AMM002) (1) Power Supply Module (3) Spare Module Positions (6) Edco DRS-036 Analog Surge Protection (1) Cosel PS R50AU-24N (1) Misc. Wago Terminals (1) RTU Surge Protection Kit (2) 7 AH Backup Battery w/Shelf (1) Polyphaser Coaxial Surge Protector (1) 20' Rohn Tower Assembly (1) RTA209 Yagi Antenna (1) Coaxial Cable Assembly . RTU I/O POINT LIST: DIGITAL INPUT (01) (1) Ot PUMP #1 RUNNING (1) 01 PUMP #2 RUNNING (1) 01 CONTROL POWER LOSS (I)Ot UPSLOWBATTERY (1) 01 MAIN POWER FAILURE (1) Ot PRESSURE TRANSMITTER FAILURE (1) 01 SYSTEM COMMON ALARM (1) 01 PLC FAILURE SCADA SOLUTIONS SINCE 1981 W\^J\..\I.dataflowsys.com Data Flow Systems, Inc. . 605 John Rodes Blvd. . Melbourne, Florida 32934 . PH: 321.259.5009 . FAX: 321.259.4006 16C3 (1) 01 COOLING JACKET FAILURE (1) 01 P1 HOA AUTO MODE (1) 01 P1 ALARM (1) 01 P2 HOA AUTO MODE (1) 01 P2 ALARM (1) 01 GENERA TOR RUNNING (1) 01 GENERA TOR FAILURE (1) 01 GENERATOR LOW FUEL LEVEL (1) 01 UTILITY SUPPL YING LOAD (FUTURE POINT, NOT WIRED) (1) 01 GENERA TOR SUPPL YING LOAD (FUTURE POINT, NOT WIRED) (1) 01 GENERATOR TROUBLE (FUTURE POINT, NOT WIRED) (1) 01 GENERA TOR SHUTDOWN (FUTURE POINT, NOT WIRED) (1) 01 VFD #1 FAILURE (FUTURE POINT, NOT WIRED)) (1) 01 VFD #2 FAtLURE (FUTURE POINT, NOT WIRED) (1) 01 CONTROL BUILDING TEMPERA TURE ALARM (FUTURE POINT, NOT WIRED) (1) 01 PUMP #1 CHECK VAL VE ALARM (FUTURE POINT, NOT WIRED) (1) 01 PUMP #2 CHECK VALVE ALARM (FUTURE POINT, NOT WIRED) (1) 01 VFD #1 CURRENT LIMIT (FUTURE POINT, NOT WIRED) (1) 01 VFD #2 CURRENT LIMIT (FUTURE POINT, NOT WIRED) (4) 01 AS REQUIRED (FUTURE POINT, NOT WIRED) DIGITAL OUTPUT IDa) (1) DO GENERA TOR START (FUTURE POINT, NOT WIRED) (1) DO TRANSFER LOAD (FUTURE POINT, NOT WtRED) (1) DO LEAD PUMP SELECT (FUTURE POINT, NOT WIRED) (1) DO LAG PUMP SELECT (FUTURE POINT, NOT WIRED) (1) DO ALLOW/DISALLOW PUMP 1 RUN (FUTURE POINT, NOT WIRED) (1) DO ALLOW/DISALLOW PUMP 2 RUN (FUTURE POINT, NOT WIRED) (1) DO PUMP 1 CHECK VALVE FAULT (FUTURE POINT, NOT WIRED) (1) DO PUMP 2 CHECK VAL VE FAUL T (FUTURE POINT, NOT WIRED) ANALOG INPUT (AI) (1) AI PUMP 1 SUCTION PRESSURE (1) AI PUMP 2 SUCTION PRESSURE (1) AI DISCHARGE PRESSURE (1) AI VFD 1 SPEED REFERENCE (1) AI VFD 2 SPEED REFERENCE (1) AI EFFLUENT FLOW (1) AI DISCHARGE FLOW (FUTURE POINT, NOT WIRED) (1) AI DIESEL TANK LEVEL (FUTURE POINT, NOT WIRED) VIRTUAL PARAMETERS /VP) (1) VP HIGH PRESSURE ALARM (1) VP ALL PUMPS OFF INDICATION (1) VP HIGH PRESSURE ALARM . ON-SITE SERVICES This item includes the following services: Tower Installation RTU Wiring Start-up Commissioning FCC licensing services . SPARE PARTS - NONE . INSTRUMENTATION - NONE SCADA SOLUTIONS SINCE 1981 V'MfIN,datafJowsys.com 2 Data Flow Systems, Inc. . 605 John Rodes Blvd, . Melbourne, Florida 32934 . PH: 321.259,5009 . FAX: 321.259.4006 16C3 DFS SCOPE OF WORK: DFS will assemble and test the RTU in our facility and install the antenna system, DFS will ship the RTU enclosure to the contractor for mounting purposes. DFS will terminate wires in the RTU to Terminal Block F (see I/O requirements). Future I/O will not be wired. DFS will provide a graphical screen matching other MPS graphical screens to the extent possible. DFS will provide required FCC licensing services. complete all computer configurations at the central site, and provide on-site start- up services. WORK TO BE PERFORMED BY CONTRACTOR: a) Provide and install all required instrumentation devices. b) Provide and install all required conduit work and wire. c) Provide and install all required hardware to accommodate RTU I/O Requirements. d) Conduit and 120 VAC power to the DFS panel will be provided and installed by electrical subcontractor, in accordance with NEC. Analog signals require shielded 2-conductor wire. and must be in separate conduit from all other wiring. e) Conduit, 1" minimum from base of proposed tower installation to DFS panel for coaxial cable. All bends shall conform to NEC for smooth radius (lead sheath) bends 11" min. No LBs or right angle fittings are permitted on this conduit. RTU 110 REQUIREMENTS: a) All digital inputs to the DFS RTU are expected to be dry contact type from existing terminal connections (TBF). b) All analog inputs are expected to be 4-20mA and at minimum to provide 500 ohm impedance drive. c) Mixing of multiple sources of power is not permitted. QUOTATION NOTES: 1. Only those items and services specifically listed above are included in this quotation, 2. The antenna subsystem requirements are based on our radio study report, It is the responsibility of the contractor to coordinate tower location with the owner. 3. All required underground locate information must be provided before DFS installation services can be scheduled. DFS will provide an underground locate information form with the Agreement of Sale documents. The Customer will be the underground locate Point of Contact. The Customer must provide a contact name and phone number for use by locate services should they need to gain access to a secured construction area or are unable to find the site based on locate info provided by Customer. 4. All required instruments are to be provided and installed by others. Provider of instrumentation. devices and services are responsible for signal/noise quality to meet the requirements of the control/telemetry system. 5. Surge protection to protect devices outside of the DFS panel is the responsibility of instrumentation/device providers, 6. All required conduit and wire is to be provided and installed by others. AC service wires, digital signal wires and analog circuit wires will not occupy the same conduits, SCAOA SOLUTIONS SINCE 1981 - www.dalaflowsys.com Data Flow Systems, Inc. . 605 John Rodes Blvd. . Melbourne, Florida 32934 . PH: 321.259,5009 . FAX: 321259.4006 3 16C3 7. Grounding and Bonding of the antenna tower. tower ground rod, RTU and Power Utilities ground rod is the responsibility of others, The grounds lugs and taps for all need to be bonded together using a continuous single 6 AWG solid bare copper wire, 8. This quote includes 6 copies of the Submittal. and 6 copies of the 0 & M Manuals for each RTU. Additional copies are available at $35,00 each, The contract must be adjusted to reflect a requirement for additional copies. 9, Ensuring the site is ready when services are requested is the responsibility of the customer/contractor. Additional trips and site services beyond those listed will be billed on a time and material basis when scheduled. A Purchase Order (P.O.) for this activity will be required at that time. If the cause of the additional activity is the responsibility of DFS, a P.O. will not be required. 10. This quotation identifies work that is the responsibility of others (contractor) as defined above, It must be noted that if DFS personnel arrive at the job site as scheduled. and the "responsibility of others" work has not been completed. one of the following two actions will occur at DFS' sole discretion: a) DFS completes the work, The contractor will be invoiced for additional time & materials required ($108.00 per hour labor rate, minimum 1 hour). b) DFS reschedules its activity pending completion of work by others. The contractor will be invoiced an additional round-trip travel charge (minimum charge is $1.296,00), 12. Our Agreement of Sale must be completed otherwise payment terms are C.O.D, LEAD TIME: Submittal: 45 days. after receipt of order. Equipment: 120 days. after receipt of approved submittal PRICING & TERMS: This quotation totals $21.769.00. All applicable taxes must be added. DFS Payment terms are Net 30 with approved credit. This quote will be honored for 90 days. Please note that DFS will submit an invoice for each activity and the payment schedule for each site is as follows: 25% Mobilization (Submittal issued) 65% Delivery of Product 10% Start Up SCAD A SOLUTIONS SINCE 1981 - W\NIAI.dalaflowsys.com Data Flow Systems, Inc. . 605 John Rodes Blvd, . Melbourne, Florida 32934 . PH: 321.259.5009 . FAX: 321.259.4006 4 16C3 SECTION 16910 CONTROL PANELS PART I GENERAL 1.01 WORK INCLUDED A. Furnish all labor, equipment, and materials for control panels as indicated on the drawings and specified herein. The panel supplier shall be a UL listed panel shop and all panels shall be UL-508 certified. All panels shall be labeled to withstand available fault current at each individual site. B. Control panel equipment shall be coordinated to provide all the specified control as indicated in the elementary diagrams or specified herein. C. The Contractor shall be responsible for coordinating and interfacing with equipment and instrumentation supplied under other sections of the Contract Documents that are an integral part of the pump station control systems. This interfacing shall be incorporated in the detailed systems drawings and data sections to be submitted by the Contractor prior to rough-in work. D. Modifications and additions to existing Collections Department Data Flow TAC II SCADA server, including software upgrades and screen development. 1.02 SUBMITTALS E. The Contractor shall submit to the Engineer for approval complete shop drawings, wiring diagrams, data, and operation and maintenance manuals of all equipment to be furnished under this section. F. Coordination and Shop Drawings: Prepare and submit coordination drawings for installation of products and materials fabricated. Coordination and shop drawings shall be prepared using a computer aided drafting system compatible with Autodesk Autocad version 2000 or greater. Coordination and shop drawings shall be submitted on hard copy and electronic disk format. 1. Submit component interconnect drawings showing the interconnecting wiring between each component including equipment supplied under other sections requiring interfacing with the control system. Diagrams shall show all component and panel terminal board identification numbers, and external wire and cable numbers. Note, this diagram shall include all intermediate terminations between field elements and panels (e.g., terminal junction boxes, pull boxes, etc.). Diagrams' devise designations, and symbols shall be in accordance with NEMA ICS 1-101. 2. Panel Wiring Diagrams: Elementary diagrams shall be similar to those diagrams shown in the drawings, but with the addition of all auxiliary devices such as additional rclays, alarms, fuses, lights, fans, heaters, etc. 3. Panel wiring diagrams shall identify wire numbers and types, terminal August 1. 2009 16910.1 Electrical. SCADA & Telemelry Upgrades at Waste Water Pumping Station Sites 16C3 numbers, tag numbers and PLC 110 identification (address) numbers. Wiring diagrams shall show all circuits individually; no common diagrams shall be allowed. 4. Submit arrangement and construction drawings for consoles, control panels, and for other special enclosed assemblies for field installation. Include dimensions, identification of all components, preparation and finish data, nameplates, enough other details to define the style and overall appearance of the assembly and a finish treatment. Drawings shall show the location of all front panel mounted devices to scale, and shall include a panel legend and a bill of materials. The panel legend shall list and identify all front of panel devices by their assigned tag numbers, all nameplate inscriptions, service legends and annunciator inscriptions. The bill of materials shall list all devices mounted within the panel that are not listed in the panel legend, and shall include the tag number, description, manufacturer and complete model number for each service. 5. Submit installation, mounting, and anchoring details for all components. G. Operation, Maintenance and Repair Manuals: 1. Submit operation and maintenance manuals. 1.03 CODES AND STANDARDS: H. Equipment, materials, and workmanship shall comply with the latest revisions of the following codes and standards: 1. Instrumentation: Instrument Society of America (ISA). 2. Wiring: National Electrical Code (NEC), ISA SS.3 and SS.4, latest issue. 3. Control Panels and equipment: NEMA, UL and ANSI. 4. Control Logic: Joint Industrial Council (IIC). PART 2 PRODUCTS 2.01 GENERAL A. The electrical control equipment shall be mounted within a pad-lockable NEMA Type 3R ventilated dead-front enclosure constructed of not less than 304 stainless steel or aluminum and shall be quipped with a 3-point latch with all hardware and exterior components construction of 300 series stainless steel. The enclosure shall be equipped with an a removable, aluminum or stainless steel back panel on which control components shall be mounted. Back panel shall be secured to enclosure with collar studs. All hardware shall be stainless steel. B. Components: All motor branch circuit breakers; motor starters and control relays shall be of highest industrial quality, securely fastened to the removable back panels with screws and lock washers. Back panels shall be tapped to accept all mounting screws. Self-tapping screws shall not be used to mount any component. C. A circuit breaker shall be provided on each control panel as a means of August 1, 2009 16910.2 Electrical. SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 disconnecting power to the control panel. D. Control transformers shall be installed where shown to provide 120VAC and 24 V AC for control circuits. Transformers shall be fused on the primary and secondary circuits. The transformer secondary shall be grounded on one leg. E. All control panel wiring shall be identified at both ends with type written heat shrinkable wire markers with the numbering system shown on the control submittal drawings. I. Control wiring shall be stranded copper, minimum size # 14 A WG (except for shielded instrumentation cable may be #16 A WG), with 600 volt, 90 degree C, flame retardant, Type MTW thermoplastic insulation. 2. Fused terminal blocks shall be provided for all inputs and outputs that extend beyond the controller enclosure and that are not separately fused within the equipment. Blocks shall be permanently marked to indicate the appropriate I/O address of each circuit on the pump controller. F. The control panel shall be provided with nameplates identifying each component, selector switches, pilot lights, etc. Nameplates shall be permanently affixed using an epoxy process. Nameplates shall be laminated plastic, engraved white letters with a black background. G. Corrosion Inhibitor Emitter: Provide an industrial corrosion inhibitor emitter on all exterior mounted control panels that will protect internal components of the control panel from corrosion for one year. Provide one spare emitter for each control panel. H. Fused terminal strips shall be provided for all signals as indicated on the drawings plus all spare conductors as specified. Terminal strips shall be switch type with integral fuses equal to Allen Bradley 1492-H6. Wiring from the control panel to the terminal strips shall be factory installed. All spare conductors shall be terminated and identified. I. RELAYS I. Control circuit switching shall be accomplished with relays. These relays, for interfacing and control applications, shall be the compact general purpose plug-in type having low coil inrush and holding current characteristics. A neon status-indicating light shall be provided with each relay. Contact arrangements shall be as noted or shown, and shall be rated for not less than 10 amperes at 120V ac or 28V dc. Coil voltage shall be as noted or shown. Non-latching relays shall have a single coil. Latching relays shall have two coils, unlatching being accomplished by energizing one coil, and latching being accomplished by energizing the other coil. Relays shall have plain plastic dust covers, test buttons, and mounting sockets with screw terminals and holddown springs. Relays shall be VL recognized. Relays shall be Potter and Brumfield, Struthers-Dunn, or equal. August 1, 2009 16910.3 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station SHes 16C3 2. Time delay functions shall be accomplished with time delay relays. Units shall be adjustable time delay relays with the number of contacts and contact arrangements as shown. A neon status-indicating light shall be provided with each relay. Contacts shall be rated for 10 amperes at 120V ac. Integral knob with calibrated scale shall be provided for adjustment of time delay. Initial setting shall be as shown with time delay range approximately three times the initial setting. Time delay rangeability shall be at least 10:1. Operating voltage shall be 120V ac, plus 10 percent, -IS percent at 60-Hz. Operating temperature shall be -20 degrees F to 165 degrees F. Repeat timing accuracy shall be plus or minus 10 percent over the operating range. Units shall be Socket-mounted relays, octal plug-in, adjustable range as shown on drawings, equal to SSAC model PRM-43, or Cutler-Hammer Series D87, or equal. 3. All relays shall have a screw tcrminal interface with the wiring. Terminals shall have a permanent, legible identification. Relays shall be mounted such that the terminal identifications are clearly visible and the terminals are readily accessible. J. Front Panel Operating Controls and Instruments: I. All operating controls and instruments shall be securely mounted on the control compartment door. All controls and instruments shall be clearly labeled to indicate function. 2. Indicator lamps shall be LED full voltage push to test type and mounted in NEMA 4X (800H) modules, as manufactured by Allen Bradley or SKPI as manufactured by Square D. Lamp modules shall be equipped to operate at 24 or 120 volt input. Lamps shall be easily replaceable from the front of the control compartment door without removing lamp module from its mounted position. Units shall be heavy-duty, oiltight, industrial type with screwed on prismatic glass lenses in colors as shown, and shall have factory engraved legend plates. LED's shall be high illumination type (Sma at 130V ac). 3. Selector switches shall be heavy-duty, oiltight, industrial type selector switches with contacts rated for 120V ac service at 10 amperes continuous. Units shall have standard size, black field, legend plates with white markings, as indicated. Operators shall be black knob type. Units shall have the number of positions and contact arrangements and spring return function (if any) as shown. Units shall be single-hole mounting, accommodating panel thickness from 1/16-inch minimum to 114-inch maximum. Units with up to four selection positions shall be Allen Bradley 800H, Square D Type K, Cutler-Hammer Type T, or equal. Units with up to 12 selection positions shall be Rundel-Idee Standard Cam Switch, Electroswitch 31, or equal. Key type switches shall be keyed in conformance with Collier County Water Department key set requirements. K. Starters 1. Motor starters shall be combination type aeross-the-line magnetic unless noted otherwise, rated in accordance with NEMA Standards sizes and August 1, 2009 16910.4 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites August 1, 2009 16C3 horsepower ratings. Disconnect shall be a motor circuit protector (magnetic only breaker) current limiting type for short circuit protection where noted on the drawings. Final magnetic settings shall be field set and recorded. Combination starter shall be rated 42,000 AlC Sym. minimum or as noted on drawings. Overload relays shall be provided in each phase, and shall be melting alloy or bimetallic type. Thermal units shall be one-piece construction and interchangeable. 2. Starters shall be equipped with auxiliary contacts as required for proper control functions; minimum of two normally open auxiliary contacts in addition to the normally open auxiliary seal-in interlock, and shall be suitable for the addition of at least two additional external electrical interlocks of any arrangement normally open or normally closed. All starters shall have red, green and amber pilot lights for "run", "off', and "trip" or as indicated on the drawings; "HAND-OFF-AUTO" selector switch or other selector or pushbutton switches as required or indicated on the drawings, nameplate and control transformer. Starters shall have provisions in the cover for future addition of pushbutton or selector switch. 3. Starters shall be rated in accordance with NEMA sizes and horsepower ratings. All starters shall be gravity dropout. All starters Size 5 and smaller shall have double break silver alloy contacts; starters 6 and larger shall employ single break contacts. All contacts must be capable of being inspected, and must be removable, without removing line or load wiring. Coils on starters, Size 5 and smaller, shall be molded construction. ON sizc 6 and larger, coils may be form wound, taped, varnished and baked. All starter coils shall be equipped with coil surge suppressors. 4. Each starter shall contain fused control transformer to provide l20V control voltage. The control transformers shall be sized for additional loads of motor space heaters and other items indicated; contractor shall coordinate requirements in shop drawings. Provide Elapsed Time Meters in control panel fronts. Meters shall be synchronous motor driven and 0 to 9999.9 hour range; rated for 120 volt 60HZ operation; Eagle Signal type 705, Agastat or equal. 5. Starters shall include a time delay on pick up relay to control momentary power interruptions. Time delay relay contacts shall delay the reclosing of the starter on momentary power loss; delay time adjustable 0-300sec. The time delay on pick up relay circuit shall also control the 27/47 device (phase monitor) contacts on the incoming main as detailed on the drawings. The phase monitor relay shall be 2-10% phase imbalance adjustable and time delayed. The unit shall sense phase imbalance, phase loss, undervoltage and phase sequence. Provide phase monitor by Diversified Electronics model SLU-600. Also provide an undercurrent relay sensing dry well conditions; Diversified Electronics model CMG. 16910.5 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 6. Starters shall be Square-D Class 8536 or equal. Provide starters as specified above and as shown on the drawings. L. Pump Controller/RTU 1. Provide TAC Pack TCU (RTU) as manufactured by Data Flow Systems, Inc for pump controlling purposes. TAC Pack TCU shall include: a. an integrated 2-Watt digital radio b. a back-up battery c. manufacturers prefabricated wire harness d. all manufacturer recommended surge protection e. suitable devices for measuring wastewater flow f. three on board fail safe HOA switches g. Triplex/Duplex/Simplex configurable operation mode h. On board 240V AC or 480V AC phase monitor 1. On board 4 by 20 character LCD display for elapsed runtime of each pump 2. Pump Control Panel alarm light and bell shall be activated by the R TU and the external push button alarm silence switch shall be wired into the RTU. 3. During automatic sequence the pumps shall be controlled in an alternate mode. M. Antenna Subsystem I. Provide a High Gain RTA209 Yagi Antenna as manufactured by Data Flow Systems Inc for use to transmit and receive TAC PAC TCU data to and from the County's existing TAC II SCADA server. Antenna shall have a single radiator element connected to a type N female connector. 2. Antenna mast/pole shall be 21 foot by 1.25 inch SCH80 galvanized pole. Mounting of the antenna mast/pole shall be in accordance with all applicable local and state building codes as they pertain to structural strength and wind velocity requirements. 3. All mounting hardware shall be stainless steel. 4. Utilize type N connectors at both ends of the coax, sealed with 3 inch sections of Alpha FIT321-1-0 sealant shrinktubing. 5. Start up and successful testing of Data Flow telemetry equipment by Data Flow representatives, the engineer and County Wastewater Collections instrumentation and telemetry representatives is required prior to final acceptance. Upon successful completion of start up, in order for the station to be conveyed to the county that latitude and longitude of the station shall be provided. All required FCC licensing shall also be August 1. 2009 16910.6 Electrical, SCADA & Telemelry Upgrades at Waste Water Pumping Station Sites 16C3 provided. 2.01 SPARE PARTS and TEST EQUIPMENT A. Provide 10 spare Motortronics VFDs rated for 5hp B. Provide 12 spare Power Sonic PS-12180 NB, 12V, 18Amp Hour, sealed, rechargeable batteries C. Provide (2) Bird AT-400, 65-520MHz and female BNC adapter D. Provide (2) Bird Model 43 Thruline directionall00-250MHz wattmeter with 4240-125 input and output female BNC and plug in element #5C, 5 watt E. Provide 4 spare Dataflow Telemetry Control Units(TCU). PART 3 EXECUTION 3.01 Installation and Startup Services A. The work included in this section consists of furnishing, installing and placing in operation the instruments and appurtenances, including all conduit, wiring and circuitry, necessary to provide the Owner with a fully operable system properly calibrated and installed. Install and mount equipment in accordance with the Contract Documents, and installation detailed shop drawings. Mount equipment so that they are rigidly supported, level and plumb, and in such a manner as to provide accessibility; protection from damage; isolation from heat, shock and vibration; and freedom from interference with other equipment, piping, and electrical work. B. Provide services of panel manufacturer to test the completed system after installation to assure that all components are operating with the specified range and all interlocks are functioning properly. Panel manufacturer shall certifY functional operation and calibration in written startup report. Perform field tests on all completed control assemblies to demonstrate conformance to specifications and functional compatibility. C. Include the services of a factory trained, qualified service engineer of the equipment manufacturer to inspect the complete equipment installation to assure that it is installed in accordance with the manufacturer's recommendations, make all adjustments necessary to place the system in trouble-free operation and instruct the operating personnel in the proper care and operation of the equipment furnished. All workmanship utilized in the manufacture and installation of this system shall be of the highest quality and performed in a manner which is consistent with all accepted practices for industrial controls. D. The Contractor shall guarantee that installation of the system is in accordance with the manufacturer's instructions. The supplier shall construct and verity proper operation of each assembled system before shipment to the site. These performance tests shall be repeated once the system is installed and re assembled at the site. The service technician shall calibrate all gauges and instruments. A August 1, 2009 16910-7 Electrical, SCAOA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 documented calibration and settings report shall be included In the O&M manuals. E. The system supplier shall provide a qualified service technician to inspect all final connections and check the system prior to start up of the system. The service technician shall coordinate with the Owner's representative for functional check out of the complete system. F. System verification marking end of suppliers on site start-up obligations will be issued after system functionality can be demonstrated for a period of 168 continuous hours without interruptions due to engineering error on the part of the supplier. G. All products mentioned herein must be warranted by the supplier for a period of two (2) years from the date of system verification. The system supplier shall also provide (2) days of training instruction to the Owners personnel to include; operator training, system repair and maintenance. END OF SECTION August 1, 2009 16910-8 Electrical, SCADA & Telemetry Upgrades at Waste Water Pumping Station Sites 16C3 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations BID NO.1 0-5395 Full Name of Bidder EB. Simmonds Electrical. Inc. Main Business Address 3750 Enterprise Avenue #300. Naples. FI. 34104-3659 Place of Business 3750 Enterprise Avenue #300. Naples. FI. 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 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued 1 12/10/2009 Initials 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 specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents. and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 16C3 BID SCHEDULE Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations Bid No.1 0-5395 Please input your pricing at www.colliergov.netlbid GC-P-2 BID SCHEDULE 16C3 WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGRADES BID NO. 10-5395 Item Description Quantity Unit Total Price I Mobilization/shop drawings, etc LS $43.105.34 2. LS-123.01 rehabilitation LS $60.062.68 3. LS-I23.02 rehabilitation 1 LS $58.940.06 4. LS-133.04 rehabilitation I LS $55.631.17 5. LS-300.05 rehabilitation I LS $42.593.45 6. LS-300.13 rehabilitation I LS $66.092.13 7. LS-300.14A rehabilitation LS $65.325.07 8. LS-300.14B rehabilitation LS $64.311.93 9. LS-300.15 rehabilitation I LS $66.022.70 10. LS-302.15 rehabilitation LS $62.239.88 11. LS-302.17 rehabilitation I LS $62.977. 85 12. LS-302.20 rehabilitation I LS $60.465.40 13. LS-302.22 rehabilitation LS $57.444.46 14. MPS-102 rehabilitation 1 LS $38.563.61 WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGARDES WS-P-I 16C3 WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGRADES BID SCHEDULE BID NO. 10-5395 Item Description Ouantity Unit Total Price 15. FPL Electrical Services Allowance 1 Allowance $45,000 16. Integration Allowance 1 Allowance $10,000 17. Propagation Study/ Radio Signal Strength Efficiency Allowance 1 Allowance $12,000 18. Landscaping Allowance 1 Allowance $10,000 19. De- Mo bilization/ as-built documents etc. 1 LS $10,432.24 20. Unforeseen Conditions, additional field coordination 1 Allowance $67,350 TOTAL BID PRICE $958,557.97 TOTAL BID PRICE IN WORDS: Nine Hundred Fiftv-Eie:ht Thousand Five Hundred Fiftv- Seven Dollars and 97/100 WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGARDES WS-P-1 16C3 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. nc. ,---, Signature: E. B. Date: 01/08/2010 esident. 50 Enterprise Ave., #300; Naples. Fl Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER N/A 4. 5. Please insert additional pages as necessary. Company: Signature: Date: GC-P-3 16C3 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 Subcontractor and Address 1. 2. N/A N/A 3. 4. 5. onds Electrical I c. <- Signature: E. Date: 01/08/2010 o Enterprise Ave. #300. Naples, FL GC-P-4 16C3 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. 4. 5. 6. Project and Location 1. Lee Co Corkscrew WTP Well Control Panel Upgrade Project LC RFQ-06-08 2. Upgrades to IQ Water Sites Priority Group #1 Collier County Project # 74033 RFQ #4083 3. Collier County Public Utilities Electric Rehab for Tamiami Wells 6-27 PUED Project #71038, CC Contract #06-3997 Collier County Public Utilities Electrical Upgrade Sixteen (16) Lift Stations, CC Contract #06-3940 City of Fort Myers Downtown Utility & Streetscape Improvements Collier County Public Utilities Reuse Telemetry/SCADA System Dated 01/08/2010 Reference Mike Maillakais, Utilities Division (239) 533-8164 Karen Guliani (239) 252-4216 Frank Inzano, P.E. (239) 732-2597 Frank Inzano, P.E. (239) 732-2597 Bill Bonner, Kraft Construction, (239) 332-2219 Frank Inzano, P.E. (239) 732-2597 BY: GC-P-5 Title: E. B. Simmonds. President 3750 Enterprise Ave #300. Naples. Florida 16 C 3 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 Measure Measure (Quantity) Cost (Description ) (LF.SY) N/A 1. 2. 3. 4. 5. TOTAL $ Extended Cost Failure to complete the above may result in the Bid being declared non-responsive. Dated 01/08/2010 BY: Title: E, B. Simmonds. President 3750 Enterprise Ave #300. Naples. Florida GC-P-6 16C3 Co~r County - ~., AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB #:10-5395 (Check Appropriate Boxes Below) STATE OF FLORIDA AND I2.<;J COLLIER COUNTY 0 LEE COUNTY PROPOSER/BIDDER/QUOTER 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. Please provide the following information for the Proposer/Bidder/Quoter: Year Business Established in I2.<;JCollier County or 0 Lee County: 1982 Number of Employees (Including Owner(s) or Corporate Officers): 22 Number of Employees Living in I2.<;J Collier County or I2.<;J Lee (Including Owner(s) or Corporate Officers): 22 GC-P-7 16C3 If requested by the County, proposer/bidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder/quoter's submission being deemed not applicable. E. B. Simmonds Electrical. Inc. More"B.d,",/Qoo,e, N.me (4~ch'~_ Signature E, 8, Simmonds. President. 3750 Enterprise Ave #300. Naples. Florida Title STATE OF FLORIDA [8'J COLLIER COUNTY o LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 8th Dayof January .2010 ~6>. f)fit;rJ ;;:A~ Notary P blic: Nyla Dawn Elman My Commission Expires: u . 8". ;20 / ,) (AFFIX OFFICIAL SEAL) A......."'N~V'V~ o...~"",.... Nota, ry Public state. of Florid3 ~ . Nyla Dawn Elman . ~ c:: .'? My Commission DD795867 :O;OFf\.J" F:xplres 06/08/2012 ......~~..^/.,:~~ GC-P-8 16C3 CO~ey County - ........-,.--~w __ Administrative Services Division Pwr:h.;:t sin,;! Immigration Affidavit Bid/RFP #10-5395 Title: Electrical SCADA & Telemetry Uoarades at Waste Water Pumoina Stations This Affidavit is required and should be signed. notarized by an authorized principle of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S,C. Section 1324 ale) Section 274A{e) of the Immigration and Nationality Act ("INA"), Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County, Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment{s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Print Name Title President Signature Date 01/08/2010 Title: , Simmonds. President. 3750 Enterprise Ave #300. Naples Florida STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was signed and acknowledged before me this 8th day of Januarv. 2010, by E, B. Simmonds. who has produced. FL. Dr. Lie #S553-202-53-190-0 as identification, {Print or Type Nam (Type of Identification and Number) .i-".A"",_......~-/vv...,r..I'V"" #'11'''4(" Notary Public Staie of Florida ~ ~' Nyla Dawn Elman :;. - '> ,. My Commission 00795867 ~<....: .~~<=-- ~:'<Olres 06/08/2012 '~OF"'" , ~""",I~,A~ U ublic Signature Nvla D wn Elman Printed Name of Notary Public { fl . J( 2.0/ 2- Notary Commission Number/Expiration The signee of this Affidavit guarantees. as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made, Collier County reserves the right. at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. GC-P-9 16C3 I 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 two hundred forty (240) 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 thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv 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. GC-P-10 16C3 (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 Lyne Simmonds Treasurer Lyne Simmonds Manager E. B. Simmonds The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken a certified copy of vlhich is hereto attached (strike out this last sentence if not applic3blo). (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 DATED legal entity GC-P-11 \ w ('~r{7 Wnness tl ' ~ '~ ,~l '--_ - \..,-r" Witness 16C3 BY: al Inc. <. Signature E. B. Simmonds. President 3750 Enterprise Ave #300. Naples. Florida Title STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 8th day of January 2010 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 FL. Dr. Lic. #S553-202-53-190-0 as identification and did (did not) take an oath. My Commission Expires: ec NAME: Nvla Dawn Elman (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.:b~79SX'0 7 ~V\r./~ ~y /1(1"" Notary Public Slate of Florida R ~ (' Nyla Dawn Elman :. c: .; My Commission 00795867 ~^ 'o~? Expires 06/08/2012 "('"OFf\: .~~^~"",^^I', GC-P-12 16C3 BID BOND KNOW All MEN BY THESE PRESENTS, that we E. B. Simmonds Electrical, Inc. (herein after called the Principal) and N/A , (herein called the Surety), a corporation chartered and existing under the laws of the State of Florida with its principal offices in the city of Naples and authorized to do business in the State of Florida are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of dollars ($ 48.020.00 ) 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: Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations Bid No.1 0-5395 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 $ 48,020.00 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. GC-P-13 16C3 IN TESTIMO Thereof, the Principal and Surety have caused these presents to ealed this 8th day of Januarv ,2010. <.. Principal BY E. B. Simmonds, President, 3750 Enterprise Ave #300. Naples, Florida (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for GC-P-14 16C3 BUSINESS CONTACT INFORMATION E. B. Simmonds Electrical, Inc. (Firm's Complete Legal Name) Main Business Contact Name E. B. Simmonds Title President 3750 Enterprise Avenue #300, (Address) Naples, FI. 34104-3659 (City, State, ZIP) Phone No. (239) 643-2770 FAX No. (239) 643-6873 Email address: bernie@.ebsimmondselectrical.com **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) Contact Name Lvne Simmonds Title Controller Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) Contact Name Title GC-P-15 E. B. Simmonds Electrical, Inc. (Company Name used as Payee) 3750 Enterprise Avenue #300 (Address) Naples, FI. 34104-3659 (City, State, ZIP) Phone No. (239) 643-2770 FAX No. (239) 643-6873 Email address: Ivne@.ebsimmondselectrical.com (Address) (City, State, ZIP) Phone No. FAX No. Emai/ Address: 16C3 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. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 12. The mailing envelope must be sealed and marked with: <::>Bid Number; 10-5395 <::>Project Name; Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations <::>Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified openinq 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 . B. rmmon s, resident 3750 Enterprise Ave #300, Naples. Florida Signature & Title DATE: 01/08/2010 GC-P-16 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, 2009, that its most recent annual report was filed on April 22, 2009, 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 Tenth day of November, 2009 ~'6 Secretary of State Authenticatinn ID: 300162702063-1I1009-K47793 To authenticate this certificate,visit the following site, enter this rD, and then follow the instructions displayed. https:llefiIe.sunbiz.org/certauthver.htrol LEGAL FORM , ~f{P~TlCr~ 0 f I \./ ,'_ -- """"" 1<", . _ '\...,f 1,1/ -.,v "~,.'4" ' ........... .A E B SIMMONDS ELECTRICAL, INC. U ... '. - - 1', " \ ,I.. '-J . . . -<: \ SIMMONDS. EUGENE BERNARD f 1 .~ 1 3750 ENTERPRISE AVE #300 I ~ pC I $ .. I NAPLES L ~ / \ ~ " CLASSIFICATION:ELECTRICAL CONTRACTOR /4. '-. " CLASSIFICATION CODE: 05100603 .y~,~ ' "'" ." ~ _, .--' .\ This document is a business tax only. This is not certification that licen.teejS"~U.litied. t;,: C> It does not permit the licensee to violate any existing regulatory zoning laWs--orttJ.i slMe\.c.ounty or cities nor does it exempt the licensee from any other taxes or permits that may be required by law. LOCATION: 3750 ENTERPRISE AVE #300 ZONED: INDUSTRIAL BUSINESS PHONE: 643-2770 STATE LlC: EC00000735 COLLIER COUNTY BUSINESS TAX BUSINESS TAX l~L 3092~ COLLIER COUNlY TAX COLLECTOR. 2800 N HORSESHOE DRIVE. NAPLES FLORIDA 34104. (239) 252.2477 VISIT OUR WEBSITE AT: W'WW,colJiertax.com THIS RECEIPT EXPIRES SEPTEMBER 30. 2010 PISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. - THIS TAX IS NON.REFUNDABLE - FL 34104 - 3659 NUMBER OF EMPLOYEES: 21-30 EMPLOYEES PATE AMOUNT RECEIPT 11/19/2009 5.40 7729.42 /1"J,!lj,i,"f/J .~h'~'v1' ;""y "7J, Ka{l f 16C3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD SEQ# L08081601114 LICENSE NBR 08 16 2008 088033940 EC0000735 The ELECTRICAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2010 SIMMONDS, EUGENE B E B SIMMONDS ELECTRICAL INC 4406 EXCHANGE AVE # 105 NAPLES FL 34104-7024 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about OUf divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: license Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE le# 'J Q ') ') 'I q q .j ,~.. c. .) tv: __ ....' SIMMONDS, EUGENE B E B SIMMONDS ELECTRICAL INC 4406 EXCHANGE AVE # 105 NAPLES FL 34104-7024 (850) 487-1395 . STATE OF FLORIDA AC# J l'i l? ~ U cl '1 . DEPARTMENT OF BUSINESS AND .,' PROFESSIONAL REGULATION EC0000735 08/16/08 088033940 CERTIFIED ELECTRICAL CONTRACTOR SIMMONDS, EUGENE B E B SIMMONDS ELECTRICAL INC IS CERTIFIED under the pJ:ovidon. of ch.489 FS 2><piraeiQA dah. AUG 31, 2010 L08081601114 ' CHARLIE CRIST CHARLES W. DRAGO GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW . ... STATEMENT OF CHANGE OF REGISTERED OFFICE OR REGISTERED AGENT OR BOTH FOR CORPORA nONS 16C3 Pursuant to the provisions of sections 607.0502. 617.0502, 607.1508, or 617.1508, Florida Statutes. this statement oJchange is submilledfor a corporation organized under the laws of the State of Florida in order to change its registered office or registered agellt, or both, in the State of Florida. E. B. Simmonds Electrical, Inc. 1. The name of the corporation: 2. The principal office address: 3750 Enterprise Ave. . 11300 Naples, FL 34104-3659 3. The mailing address (if different): same as above 4. Date of incorporation/qualification: 1LP- 'I 88 Document number: K4 77 9 3 5. The name and street address of the current registered agent and registered office on file with the Florida Department of State: (If resigned, enter resigned) E. B. Simmonds '-Ilfolo 6( clr.af'- y_ ft-r.t- Naples, FL 34104- 1 Q;l.<.( .p::- /D.:3 ~~. ~L(J' --"" q.. If;.'~. """"" ,..-...- ........ .....~ c:> -;.....~. ; q..%).~.:. U) r;). ~-"~ .(:~, ..-'0',- ?t-.- OUJ -;:::.'.--\ ~~~ o~. ~. if' '" -:$- ~ .' cP C' 6. The name and street address of the new registered agent (if changed) and lor registered office (if changed): "E' ,- e, ~;"{y\ ("f\ 0 AJ. .s ..3J 5 0 f; f\ --krr r: ~(. -Av e.. qt 3D D P.O. Box NOT acceptable NlAr\.(...~ j Ei. '3'-flo'-{ -3 l" ~1 The street address of its registered office and the street address of the business office of its registered agent, as changed ill be identical. Such chan was authorized by resolution duly adopted by its board of directors or by an officer so auth 'ze the board, or the orporation has been notilled in writing of the change. . Q ror , or F 'R ~imMnn~q n~firm~ t>nntCQ or peel name aM II Ie: 1 hereby accept the appointment as registered a,gent and agree to act in this capacity. Iffirther agree to comp7l; with the provisions oJ 01/ statutes relative to the proper and complete periormance army duti . and I am amiliar wilh and accept the obligation of my }J.osillOn as rei[istereil agen!. Or if this documen! beingfile m!,rely to reflect a ch,!nge in the registered office address. 7 hereby conJlrm thai the corpo atl has [jeen notified I wrumg oj thIS change. , October 15, 2009 Dale Ifsigning on behalfofan entity: Officer E. B. Simmonds Typed or Printed Name * * * FILING FEE: $35.00 * * * MAKE CHECKS PA Y ABLE TO FLORIDA DEPARTMENT OF STATE MAIL TO: DIVISION OF CORPORATIONS, P.O. BOX 6327, TALLAHASSEE, FL 32314 CR2E045 (8/05) 16C3 8. [gJ 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. [gJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. [gJ Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read "For any and all work performed on behalf of Collier County. NOTE: The "Certificate" should read as follows: . For any and all work performed on behalf of Collier County. . Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 11. [gJ 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 Date 01/08/2010 Vendor Signature y---:: Itle: E. B. Simmonds. President.3750 Enterprise Ave #300. Naples. Florida Print Name E. B. Simmonds Insurance Agency Gulfshore Insurance Aqency Agent Name Marv Liqqan Naqai Telephone Number (239) 435-7115 GC-CA-B-5 Insurance I Bond Type 1. [:8J Worker's Compensation 16C3' Collier County Florida Insurance and Bonding Requirements Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. [:8J Employer's Liability $1 ,000,000.00single limit per occurrence 3. [:8J Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. [:8J Indemnification Bodily Injury and Property Damage $2,000.000.00 single limit per occurrence 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. [:8J Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. 0 Other insurance as 0 Watercraft noted: Per Occurrence $ o United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence o Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence GC-CA-B-3 6. ~ Bid bond 7. ~ Performance and Payment Bonds 16C3 o 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 o Pollution Per Occurrence $ o 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 o Project Professional Liability Per Occurrence $ o Valuable Papers Insurance Per Occurrence $ Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal 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. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. GC-CA-B-4 oS>-- Bankof America ~ Cashier's Check J.~~~06 ;Not!i;~toiUrch~,Jlithe~eY~~I:thii~~~J,d'(I&:'t~~)~#'.df;rol~_'i:S~<~'~?~>'<>'<t.~':~~'::,:t:~~>w',: "',' 't~-'~<~"" (~,~:,(,- ,",,>:<~, ,~ ' ~Q/UIJ4P "'" . ,~TY':;Y'~~:~~\\. ,"~"JhoJld" "sP"'" "~, dv, , ", ",., .", Q,.. : ... '.. . "8F~? ;'I}:....t...1....,'~.!:...,...,j."t,--,.,'N.-i.~;:.x,..:_'..,'.':...,::,:.'.,J:~,;'-:'?: ,', ',,,~:,-j ,"".em~~9P' y,w.~.",:w"~:"1U"~"~:'P'*':"':"'~l):.....'.'..~-.".'"....,~.'......u.:,',.!...y.".:......,'. ,y,........... ',.';'.",.,". ","'''' _"/li"I,.,..,:..,I.'..,......,..;.:.1.',.1,./I".1>" ,',",_, ", J::;: _~y t -"~to,' ~'0~?"~~!~:~+i},;~~~/Z/>;~<:,i~S~,;.~,i;,:,;~', ~:j~~r'.. ".' ...'/" ".': ",.'" ~...;:" . .'> ..... ,>' 'g"";~;:J , iOlo9s1o': jOOQ07 OOpg.J~5Op ffi i i ~.a. SI~K9~DS:HECT~icfL INc!: ., \,',.. ~ I(t '.,.: i ~\' ~',>': <. <! ;j ':~~eJ:nitt~~~t?a~~~y)~_:- ~,~ ~ ~ ,~"~ / ;,...",,/'-;],~*lr .~J C<'/.'" >'" """'. . "/"'/ "",,,':,, " '/ $"'~8020.00,C',, ..."",,/ , l;O.:~fr,~.z::~:::;;:::::D:::::,~'~'.'7 'j(:~.>!,'...'L'.' f ,'.'. 'if:.! . ..ttRE:BIDJIO~539SSCADA UPGRiDB~~/ '.' f....,,, ".' 1 , .' ':., , ;. ~., ,::.~ ( /' 'A' ::;. ~ \:: .> ( ~ ;" B'ankofApier1ca:N.A.. V(llbAfTER;90'OAYS. -" ~ SanAn~<.>nio, Texas".':.' . _,,( '. -,..F .~ . THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK "'. _THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BACK, . 16C3 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with E.B. Simmonds Electrical, Inc. ("Contractor") of 3750 Enterprise Avenue # 300, Naples Florida 34104-3659, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Electrical SCDA & Telemetry Upgrades at Waste Water Pumping Stations, Bid No. 10-5395 ("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 speciied. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreernent, 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 docurnents 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 Arnount"), in accordance with the terms of this Agreement: Eight Hundred Thirty Seven Thousand One Hundred Thirteen Dollars and Ninety Seven Cents ($ 837,113.97). 16C3 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 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.gov/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 Damaqes. 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 two hundred forty (240) 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 thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is cornpleted 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 16C3 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 fifty and ten cents ($1050.10) for each calendar day thereafter until 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 hislher 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. 16C3 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 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: Exhibit B: Exhibit C: Exhibit 0: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by RKS Consulting Engineers and identified as follows: Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations as shown on Plan Sheets E1 through E22. Contractor's List of Key Personnel 16C3 Section 7. 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: Oscar Martinez, P.E. Collier County Public Utilities 3301 Tamiami Trail East BLDG H Naples, FL 34112 Tele: 239-252-6214 Fax: 239-252-3978 OscarMa rtinez@colliergov.net 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, President E.B. Simmonds Electrical, Inc 3750 Enterprise Avenue #300 Naples, Florida 34104-3659 Tel: 239-643-2770 Fax: 239-643-6873 bern ie@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." 16C3 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 AssiQns. 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. Section 11. GoverninQ 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 anyone 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 AQreement. 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. ChanQe 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. 16C3 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 "forti us 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 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. **** 16C3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: T'NO W~TNESSESi l ttYo.. Ei:./?la/Yl FI S WITNESS ical,lnc By: Nyla Elman Type/Print Name ~) ~ CL ' A,v.. w .___ SE.sOND W SS E.B. Simmonds, President TypelPrint Name and Title .John Harhen Type/Print Name Date: (V1;f,.t7~ ~l. dOID ATTEST: Dwi9rl~'~N#!?l~l\?rk BY~~OL App~ ,'~rm ~Ii:li ~1t County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA '/I._'-~ lAJ, ~, , ) BY: Fred W. Coyle, Chairman Item # JCa c.. 3 Agenda ~.q - \ 0 Date Date 3-31~1 n Rec'd ...LV 16C3 EXHIBIT A PUBLIC PAYMENT BOND Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations Bond No. 773197P Contract No. 10-5395 KNOW ALL MEN BY THESE PRESENTS: That E.B. Sirmnonds Electrical, Inc. 3750 Enterprise Ave. #300, Naples, FL 34104-3659 , as Principal, and Developers suret~ Indemnity Company , as Surety located at 1603 st. ste. 200, w=st Dss M:lliEs, 11\ ,50266 (Busin~ss Address) are held and firmly bound to 'ltE = at Ull1ty UJIlIUSSl.OEl:S at (hi Ii=- (b. as Obligee in the sum of Ei<tJt H..n:]rej 'lhirty SaI.m 'Ih::1Earrl Q:e H..n:]rej 'U1:irtEa1 & 97/100 l)::i]Jars ($ 837,113.97 ) 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 2009, with Obligee for El.Ed:rical El:WA & 'Ielareb:y ~~at Wlste W3.ter' in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 24th day of M=h, 2010 ~, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 16C3 Signed, sealed and delivered in the presence of: PRINCIPAL Witnesses as to Principal ~OC. BY: NAME: E.B. Simmonds ITS: President ---- STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 25 day of March 20~, by E.B. Simmonds , as President of E.B. Simmonds Electrical, Inc. ,a Florida corporation, on behalf of the corporation. Helshe is personally known to me OR -has--prodtIced as identification and o1lt(did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Florida ATTEST: SURETY: Developers Surety & Indemnity Co. (Printed Name) 1603 22nd st. Suite 200 West Des Moines, 11\ 50266 (Business Address (Authorized Signature) I "^ 'i I) '\.fi:.-- y \kot'.:.h.L-tA~,,--, itnesses to Surety Helen Nadirsha (Printed Name) GC-CA-A-2 16C3 OR ,- ' (-""1-- <----- As Attorney in Fact (Attach Power of Attorney) Ted Sherman (Printed Name) ~L/LC;', ,~~~ itnesses Karen GErloff STATE OF ILLINOIS COUNTY OF cr.oK 6160 NOrth Cicero Ave. Suite 610 Chicago, IT, 606li6 (Business Address) 888-488-2663 (Telephone Number) The foregoing instrument was March, 2010 , lOOOO:; by Attorney-in-Fact Surety, on behalf of Surety. Drivers License take an oath. acknowledged before me this 24th day of Ted Shennan as . of Developers Suretv & Indemnitv Co. He/She is personally known to me OR has produced as identification and who did (did not) , 1 My Commission Expires: 4/5/2010 (AFFIX OFFICIAL SEAL) ~ <1 ,,--~- 1)\' r~lf.;,(I,L ~~ ilL ':pt::i'~ N GI~.'\\~fr ., . I , '-RY "'i3L1e. ST"re or ILLI~,.)S . , SW,\ISSION EXPIRES AFRIL 5 2010 '"ti. _.,~... Name: Karen N. Gerloff (Legibly Printed) . ILLINOIS Notary Public, State of: Commission No.: 297992 GC-CA-A-3 16C3 EXHIBIT A PUBLIC PERFORMANCE BOND Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations Bond No. 773197P Contract No. 10-5395 KNOW ALL MEN BY THESE PRESENTS: That E.B. Simmonds Electrical, Inc. as Principal and Developers Surety & Indemnity , , Company as Surety, located at 1603 22nd Street, Suite 200, West Des Moines, IA 50266 (Business Address) are held and firmly bound to The Board of county Commissioners of Collier countYas Obligee in the sum of Eiqht Hundred Thirtv Seven Thousand One Hundred Thirteen & 97/100 Dollars ($ 837,113.97 ) 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 , ' ,2000,' with Obligee Electrical SCADA & Telemetry UPqrades at Waste Water Pumpinq Stations in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for 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. GC-CA-A-4 16C3 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 24th day of March 2010 , JOOOO\ 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 Witnesses as to Principal E.B. Sin;O~ Jlec~rica;::g BY: C/Y--1-tJ~- NAME: E.B. Simmonds ITS: P-r",c.-frTOT\t- STATE OF Florida COUNTY OF Collier The foregoing instrument March 2010 , WOO, by President Florida was acknowledged before me this 2.5J;h E.B. Simmonds of E.B. Simmonds Electrical Inc. corporation, on behalf of the corporation. me OR -fles--flfeEh:leed as identification and did (did not) take an oath. day of , as a He/stre is personally known to My Commission Expires: (Signature) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of: Commission No.: GC-CA-A-5 16C3 ATTEST: SURETY: Developers Surety & Inderrmi ty Company (Printed Name) 1603 22nd Street Suite 200 West Des Moines, I~ 50266 (Business Address) (Authorized Signature) I '-'1 I). # )~ {,l.. t- c''.~:..",.""j I.)",,"~t.._) itnesses as to Surety Helen Nadirsha (Printed Name) OR -G.", C~ As Attorney in Fact (Attach Power of Attorney) Ted Shennan (Printed Name) 6160 North Cicero Ave. Suite 610 Chicaqo, IL 60646 Karen Genoff (Business Address) 888-488-2663 (Telephone Number) STATE OF ILLINOIS COUNTY OF CXXJK T~ fRre~8W instrument was acknowledged before me this 24th day of c , ,~ by Ted Shennan ,as ~ttorney::In-Fact of Developers Surety & Inderrmity, a Surety, on behalf of Surety, He/She is personally known to me OR has produced Driver's License as identification and who did (did ~t take an o~th. I (!" 1 J ,., ," 2010 QIFiUAL ';{ . , :~:~qHl N C:"'C:T 1"0'1 ARY PUBLIC. Sr:;rE Or-lllli.JIS I MY CO',IMISSION EXPIRES APRilS 2010 (AFFIX OFFICIAL SEAL) Name: Karen N. Genoff (Legibly Printed) Notary Public, State of: ILLINOIS Commission No.: 297992 GC-CA-A-6 - , 16C3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint ***Craig Sherman, Ted Sherman, jointly or severally*** as their true and lawful Attomey(s}.in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite Of proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlomey{s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of Janl:lary 1 st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st 2008. By ~ V I2.z:: Stephen 1. Pale, Senior Vice President By: State of Califomia County of Orange On January 1st. 2008 Date before me, Christopher J. Roach Notary Public Here Insert Name and Tille of the Officer personally appeared Stephen 1. Pate and Charles L. D~L- Name{s)of Signer(s} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me thai he/she/they executed the same In nis/her/their authorized capacity(ies), and that by his/her/their signature{s} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Place Notary Seal Above WITNESS mYha~r. Si9nature $~---~-- Ch' erJ.Roacn CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. 24th ~1arch 2010 This Certificate is executed in the City of Irvine, California, the ~d"ay of BY~.4#~ / ,..- Albert Hillebrand, Assistant secretary IO,1438(Wet)(Rev,10111) 16C3 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, Coveragew shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation" whichever is longer. The Vendor andlor 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 GC-CA-B-1 16C3 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 coveragew required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragew and charge the Vendor for such coveragew 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 coveragew purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragew 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. GC-CA-B-2 Insurance l Bond Type 1. ~ Worker's Compensation 16C3 Collier County Florida Insurance and Bonding Requirements Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ~ Employer's Liability $1 ,000,000.00single limit per occurrence 3. ~ Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. ~ Indemnification Bodily Injury and Property Damage $2,000,000.00 single limit per occurrence To the maximurn 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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. 4. ~ Automobile Liability $ 500,000,00 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. D Other insurance as D Watercraft noted: Per Occurrence $ D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence D Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence GC-CA-B-3 6. ~ Bid bond 7. ~ Performance and Payment Bonds 16C3 D 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 D Pollution Per Occurrence $ D 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 D Project Professional Liability Per Occurrence $ D Valuable Papers Insurance Per Occurrence $ Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal 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. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by AM. Best Company, Inc, of 75 Fulton Street, New York, New York 10038. GC-CA-B-4 16C3 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. 1 O. ~ Collier County Board of County Commissioners shall be named as the Certificate Holder and the certificate must read "For any and all work performed on behalf of Collier County. NOTE: The "Certificate" should read as follows: . For any and all work performed on behalf of Collier County. . Collier County Board of County Commissioners, Naples, Florida No County Division, Department or individual name should appear on the Certificate. 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 Date Vendor Signature Print Narne Insurance Agency Agent Name Telephone Number GC-CA-B-5 ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 3/11/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlelle Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEP BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Company E. B. Simmonds Electrical, Inc. INSURER B: Bridgefield Employers Insurance 3750 Enterprise Avenue, #300 INSURER c: Naples, FL 34104 INSURER D: INSURER E: Client#. 36782 EBSIM 16C3 COVERAGES 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 POLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~:: ~~~I TYPE OF INSURANCE POLICY NUMBER 62f~c,r.~j~6~ ';,9..'i!~rM~fti~~ LIMITS A X ~NERAL LIABILITY GL20521 0201 0009 06/30/2009 06/30/2010 EACH OCCURRENCE .1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED '300 000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10000 f---- PERSONAL & ADV INJURY .1 000000 f---- GENERAL AGGREGATE 52 000 000 ~'L AGG~EnE~lIMIT APF~.!.~t PER: PRODUCTS - COMP/OP AGG 52 000 000 PRO- POLICY JECT LOC A ~TOMOBILE LIABILITY CA20520980101 06/30/2009 06/30/2010 COMBINED SINGLE LIMIT ~ ANY AUTO (Eaaccidenl) '1,000,000 - ALL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS {Per person) - ~ HIRED AUTOS BODILY INJURY . ~ NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE . (Peraccidenl) ~~GE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONLY' AGG . A ~~SS J UMBRELLA LIABILITY CU205210301 06/30/2009 06/30/2010 EACH OCCURRENCE .2 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE .2 000 000 , :;1 ~EDUCTIBlE 5 X RETENTION .0 . B WORKERS COMPENSATION AND 83015343 04/01/2010 04/01/2011 X I ,*'vS:tI~~ I IOJ~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE U E,L. EACH ACCIDENT .500 000 ~fICER/MTiMB~r EXCLUDED? .500,000 andatory n N E.L. DISEASE - EA EMPLOYEE If yes, describe under .500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS For any and all work performed on behalf of Collier County. Collier County Board of County Commisioners is Named as Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per blanket form CG7048 0304 includes Waiver of Subrogation per CG7049 0905. CERTIFICATE HOLDER CANCELLATION 10 Oavs for NonMPavment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL ~ DAYS WRITTEN Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples, FL IMPOSE NO OBLIGATION OR lIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR~~EPRESENTATIVE ~' A.i -. ; ACORD 25 (2009/01) 1 of 2 #S409786/M404371 @ 1988-2009 ACORP CORPORATION, All ri9hts reserved, The ACORD name and logo are registered marks of ACORD JPE 16C3 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 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). DISCLAIMER The Certificate of Insurance 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. ACORD 25 (2009/01) 2 of 2 #S409786/M404371 16C3 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: 1. 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 Page 1 of9 CG 70 49 09 05 16CC3 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 anyone 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 iike products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause ioss, 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 11I- 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 coilectible 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 CG 70 49 09 05 Page20f9 16C3 10. BROADENED WHO IS AN INSURED SECTION II - WHO IS AN INSURED is deleted and replaced with the foHowing: 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 oniy with respect to the conduct of your business. Your managers are insureds, but oniy 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 foHowing is aiso 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; (e) For which there is any obiigation to share damages with or repay someone else who must pay damages because of the injury described In paragraphs (1)(a) 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," "voiunteer 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 while 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. Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright Insurance Services Office, Inc., 2004 Page 3 of9 CG 70 49 09 05 16C3 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 are 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. f. 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" 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 48, 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 behaif. 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 16C3 This paragraph j. does not apply if form CG 7048, 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 "occurrence" 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 saie 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 materiai of insurance Services Office. Inc., with its permission. Copyright Insurance Services Office, Inc., 2004 Page 5 of 9 CG 70 49 09 05 16C3 11. INCIDENTAL MALPRACTICE LIABILITY As respects provision 10., SECTION 11- 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 11I- 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 1- COVERAGE A, paragraph 2. Exclusions; 2. SECTION IV, paragraph 4.b. 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 perW or any combination of ttspecific perils. n C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is repiaced 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 toyou 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 lloccurrence" 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 of9 CG 70 49 0905 16C3 (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 ciaim 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 vioiation 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 claim 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 9. 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 Page 7 of9 CG 70 49 09 05 16C3 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 111- 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 anyone "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", resuiting 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 tangibie 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 CG 70 49 09 05 Page80f9 16C3 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 ieakage 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 Page 9 of 9 CG 70 49 09 05 16C 3 () 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, exciusions, and limitations of the coverage form apply except as specifically stated below. SECTION 11- WHO IS AN INSURED is amended to include as an insured any person or organization, calied 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 claim 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. o (b) A partnership or joint venture, members, partners, and their spouses are also additionai 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 additionai insurad, unless the written contract or agreement or the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to "your work" for that additionai 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 after:, ' (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 additionai 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 7048 03 04 16C3 (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 engaged in performing (,~.J operations for a principal as a part of the same project. 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 poiicy 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 iimits 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 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,ertifisate 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. o SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract. Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 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 liabiiity arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 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 iimited to: 1. The preparing, approving, or faiiing 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 avaiiable to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract, 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 adiJitional insured. ) -_/ Page2012 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2003 CG 70 48 03 04 16C3 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 it's 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 , 2009 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 asserted 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 BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2009, by l as of , a corporation, on behalf of the corporation, Helshe 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 Commissioner No.: GC~CA-C-1 16C3 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No Project No. 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 Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date 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: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 i..: I . ~ ~ Lli e '-1 .. 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" 0 Ol III " 0:: :;: CIl 0:: f- III c;; "''C 'i: Ol III CIl - :l > ... <( 0'- ::s ._ CIl > " 'C Ol Ol Ol 0::0:: ~ 0 - en ~ CIl " CIl ._ .c o E 1; :l Z ~ CIl g :l en '" 0 ~ ~ " III CIl C CIl - ... c I I I I 16C3 '" , o <l: o o ~ - :s :;: >< w 16C3 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: 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: Division Administrator Date: (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E-1 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 16C3 OWNER'S Project No, PROJECT: Design Professional's Project No, 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: To 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. GC-CA-F-1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintla~e,C heat, utilities, insurance and warranties shall be as follows: 0 3 RESPONSIBILITIES: OWNER: CONTRACTOR 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 Contract Documents. Executed by Design Professional on ,2009 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2009 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2009 OWNER By: Type Name and Title GC-CA-F-2 16C3 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2009 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: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days, 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 Eievation 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) GC-CA-G-1 By Design Professional: By Owner: GC-CA-G-2 16C3 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C3 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 cornpare 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 rnake 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: GC-CA-H-1 16C3 those affecting transportation, access, disposal, handling and storage of materials; 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 rnaterially 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. GC-CA-H-2 16C3 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 specified 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 elernents 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 subrnit its invoice for any required Payrnent and Perforrnance 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. GC-CA-H-3 16C3 4.3 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 0-3. 4.4 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 arnounts 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 through out 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. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 16C 3 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. 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: (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 Tirne; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 16C3 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. 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. 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 forrn 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, rnaterials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to deterrnine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-CA-H-6 16C3 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 specified. 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, rnethod, 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. 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 tirne 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. GC-CA-H-7 16C3 8. DAILY REPORTS, AS-BUlL TS 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 8.1.3 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; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 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. 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 rnade 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 GC-CA-H-8 16C3 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. 9. 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 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 cornpletion. GC-CA-H-9 16C3 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 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 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 on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as 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 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 arnount 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 maxirnum 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 rnarkup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 1l5~~ 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. 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 terrns 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 (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 GC-CA-H-11 16C3 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 deerned 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. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 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 GC-CA-H-12 16C3 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 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. 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. 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 GC-CA-H-13 16C3 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 resurne Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or comrnits 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 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) GC-CA-H-14 16C3 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 therefor or re-Ietting 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 deterrnined 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 lirnited to those afforded Contractor under Section 19 below. 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 GC-CA-H-15 16C3 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 rnake 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 writing giving the reasons therefor. 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 GC-CA-H-16 16C3 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. (5) If required by Owner, other data establishing payment or satisfaction of all 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 Docurnents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which rnay 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 GC-CA-H-17 16C 3 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. 21.2 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. 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 GC-CA-H-18 16C3 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 conforrn 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. 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 GC-CA-H-19 16C3 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 rernedy 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 circurnstances. The superintendent shall be employed by 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 GC-CA-H-20 16C3 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.B, 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 anyone 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 imrnediately 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 in the Work or variations from the Contract Docurnents 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 GC-CA-H-21 t6C 3 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, rernoval, 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. 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. GC-CA-H-22 16C 3 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 which is located upon or adjacent to an existing Owner facility. Contractor shall comply with the following: on a Project site In such event, 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; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, econornic 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. GC-CA-H-23 16C3 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 (OS), 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.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT 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. 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 GC-CA-H-24 I6C3 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 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, cornmunity 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 GC-CA-H-25 I6C3 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 arnended 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 rnaintain 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 indernnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will 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 Docurnents 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 rnust 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 GC-CA-H-26 16C3 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, 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 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing SubrnittallApproval Logs Equipment PurchaselDelivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees GC-CA-H-27 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 16C3 Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates 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 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, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this GC-CA-H-28 16C3 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. Consultant 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 estirnated 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 (FA C.) or aboveground 62-762, FAC. 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 inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractorlproject manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762, FAC. or you may contact the Pollution Control Department with your questions. Please note that equiprnent rnust 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. GC-CA-H-29 16C3 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. GC-CA-I-1 1~C3 '" 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 ProgramlRisk Management Program; f. Quality AssurancelQuality 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 VISNMASTER card credit network as a payment vehicle for goods andlor services purchased as a part of this contract. 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