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#18-7324 (L.J. Power, Inc.)
FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 18-7324 for Generator Maintenance, Repair & Installation THIS AGREEMENT, made and entered into on this Pi" day of\)(Qrt'` 20(9S , by and between L.J. Power, Inc. authorized to do business in the State of Florida, whose business address is 9301 Hwy 290 West, #100, Austin, Texas 78736 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing * upon the date of Board approval I I on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) additional two . (2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Request for Proposal (RFP) invitation to Bid (ITB) Other ( ) # 18-7324 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. IMI The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 �D'1; Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.21111 The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 3.3 The procedure for obtaining Work under this Agreement is outlined in I I Other Exhibit/Attachment: 3.4 n The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): transferred from the County to the contractor; and, as a business practice there are no satisfaction of the County's projcct manager before payment for the fixed price contract is authorized. III Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ISI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 7 - - Travel and expenses shall be reimbursed as per Section 112.061 Fla. Stats. Mileage $0.44.5 per mile Breakfast WOO Lunch $-1-=1-99 Dinner $49,98 slaw-faFe Rental car Actual rental cost limited to compact or ...•.. -e _ . - with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine --- - - - e - --- - -- -- - e- e ee .e-. _ . __ . e - responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1),-' ., 1 ;:' Company Name: L.J. Power, Inc. Address: 9301 Hwy 290 West, #100 Austin, Texas 78736 Authorized Agent: Attention Name & Title: Larry Davis Telephone: 737-703-5000 E-Mail(s): I.davisPljpower.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Steve Messner Division Name: Public Utilities Water Division Address: 4370 Mercantile Ave. Naples, Florida 34112 Administrative Agent/PM: Pamela Libby, Manager-Distribution Telephone: 239-252-6239 E-Mail(s): Pamela.Libby pncolliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4of17 l t;kY{_ Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.1) 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑I Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. E Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) T;), n _ e _ _ e. . . __ .. . -. _ -- __• . _ e -. _ liability for claims arising out of the performance of professional services under this this insurance. Such insurance shall have limits of not less than $ each n : Coverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), [' Exhibit A Scope of Services, Exhibit B Fee Schedule, El RFP/ ❑ .TB/EI Other #18-7324 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and n Other Exhibit/Attachment: Exhibit 1-02 Grant Certifications and Assurances . 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. I■i WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. UI TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 0 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. personnel. Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) ;', I■I AGREEMENT STAFFING.The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or ■• .•-• ••- .-. - e • ---- .•-.. - -e•e - • - - ,� --••-. •- .• • •.- -.. e -• . ••.... •• ..- • - -. - - -- , ' �. w. e- w 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) e,V a County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. 111 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST.: BOARD OF % N .Y COMMI - ►N RS COLLIER •UN , FLORI► A j Crys . K. Kinzel, rk & Comptrol By: Andy Solis, Esq. , Chairman Dated: ( I BD- LS (sEAfictiost as to Chairman's signature only. L.J. Power, Inc. Contractor's Witnesses: Contractor Formally Known A. By: ontractor's First Witness Signature Larry Davis/P-esident Jason Hill TType/print signature and titieT TT, pe pri t` itness name!' Con ractor's Second Witness Jordan Stewart TType/print witness name A..rovedl to and Legality: �• •_ County Attorney v 'Tint Name Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.I) Exhibit A Scope of Services n following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Tenn Service Multi-Contractor Agreement 2017.008(Ver.1) EXHIBIT A SCOPE OF SERVICES Award: A—Maintenance, Installation, Repair and Fuel Polishing Services: The Primary Contractor shall be PowerSecure Services, Inc. The Secondary Contractor shall be L.J. Power Inc. The County shall be considered a "prime contract" and all necessary resources shall be directed to this contract enabling the County to continue to function during any urgent need or natural disaster. If the Primary Contractor is unable to provide the services as requested by the County the Secondary will be contacted. B—Rentals Services: The Primary Contractor shall be L.J. Power, Inc. The Secondary Contractor shall be PowerSecure Services, Inc. The County shall be considered a "prime contract' and all necessary resources shall be directed to this contract enabling the County to continue to function during any urgent need or natural disaster. If the Primary Contractor is unable to provide the services as requested by the County the Secondary will be contacted. TECHNICIAN QUALIFICATIONS Repair or installation of the power unit and generator shall be performed by fully trained generator technicians. These technicians shall have at least five (5) years' experience in service repair and installation of generators and related equipment at other facilities with urgent application similar to that of Collier County's(i.e., hospitals, water pumping station, lift station, plants etc). The Contractor shall state what manufactures equipment the Contractor is authorized to service and repair. The Contractor shall submit a list of the proposed technicians with their resumes in accordance with Tab 2, Firm's Ability and Resources, Solicitation#18-7324. In the event of new personnel being hired during the course of the contract, the Contractor will be required to submit the resumes and references of the new employee for County approval before performing any work under the scope of this Agreement. The Contractor shall be required to supply all necessary tools, equipment, labor and parts as necessary to complete repair and/or installation, a list will be attached to Contractor's response. The list shall include the dates repair equipment was last calibrated. The Contractor will be responsible for supplying and maintaining rental generators and hookup for all generators they cannot have operating within twenty-four (24) hours. Documentation of this cost will be required and approved by the County's Contract Administrative Agent. The Contractor must supply the County with phone numbers for urgent and routine call-out service. In the case of urgent call-out, the awarded contractor shall be on-site to provide service within two (2) hours of call-out and be available to respond twenty-four (24) hours a day, three hundred sixty-five (365) days a year. An urgent condition shall be considered to exist when any failed system hardware and/or software prevents, or threaten AO Page 1 of 3 to prevent, the operation of the generator or switch gear from fulfilling its intended purpose. The awarded Contractor shall employ an adequate staff of approved technicians to provide the urgent service taking into account vacation and other leaves. Non-urgent service shall be provided within three (3) working days of request. Upon contract execution the Contractor will provide urgent contact information. The Contractor must have the ability to rent generators to the County and to provide monitoring equipment and solutions to remotely monitor county generators. ANNUAL PREVENTIVE MAINTENANCE PROGRAM: Power Units/Generators and Associated Equipment: Visual maintenance inspections shall be performed quarterly, biannually or annually(Frequency determined by the requesting Department)with a complete, full load (1 hr), preventive maintenance service included with one (1) inspection. The awarded Contractor will provide a list of all sites to be inspected with proposed schedule of service. The schedule must be approved by each department or site designee. Service will be scheduled with the applicable departments. A forty-eight (48) hour notification is required before any work is to be performed. All routine scheduled work will be done during the normal work day, 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding County holidays. Maintenance Inspections shall include a"Maintenance Inspection Checklist"which shall include, at a minimum, all items listed below, a sample of which shall be included in Contractor's response package. The Contractor will also supply a copy of safety procedures, i.e. Lock Out/Tag Out, with Contractor's response to Solicitation #18-7324. Cooling 1. Check water hoses (leaks, condition, connections) 2. Check radiator/heat exchanger(blockage, damage, leaks) 3. Check drive belts (condition, adjust if needed) 4. Check fan (lube bearing, condition, cracks) 5. Check operation of coolant heaters (adjust) 6. Check coolant level/antifreeze protection 7. Check DCA concentration (where applicable) 8. Check water pump (leaks) 9. Comments/ Notes Fuel 1. Check for leaks (hose condition, connections) 2. Clean injectors as needed 3. Check fuel transfer pump (leaks, operation) 4. Check governor (linkage, operation, adjustment) 5. Check day tank (operation, leaks) 6. Drain water separator(sediments) 7. Comments/ Notes Intake Exhaust 1. Visual check of piping (leaks, restrictions,conditions) 2. Check crankcase breather (clean if needed) 3. Check turbochargers (operation, leaks, clearances) 4. Inspect air cleaner(change at service) 5. Check rain cap condition 6. Comments/Notes Page 2 of 3 CPI Lubrication 1. Check oil level (condition of hoses) 2. Check for leaks (tighten loose connections) 3. Check hydraulic governor (add oil if needed) 4. Take oil sample for evaluation (before oil change) 5. Comments/ Notes Electrical 1. Check batteries (fluid level, conditions, operation) 2. Battery voltage drop when starting 3. Check connections (clean, tighten if needed) 4. Check battery charger operation 5. Check starting ability (starter amperage draw) 6. Visual check of engine wiring (shorts, breaks) 7. Comments/ Notes 8. Test all safeties a. over speed e. over crank b. Low oil pressure f. high water temperature c. Low water temperature g. low water level d. Low fuel level h. emergency electronic overflow systems I. others General Condition 1. Engine room (ventilation, cleanliness) 2. Control positions (auto, off, breakers) 3. Check mounts 4. Check hour meter operation 5. Customer problems or questions 6. Check and date generator log 7. Service decal in place 8. Comments/ Notes 9. Generator 1. Check generator voltage 2. Check frequency (no load) 3. Check wiring (controls, breaker, regulator) 4. Visual check of stator and rotor 5. Visual check of brushes/rectifiers, regulator 6. Comments/Notes Transfer Switch 1. Check calibration of meters 2. Test transfer switch 3. Adjust timers to customer's needs 4. Run unit under customer load (contact department designee before testing) 5. Comments/Notes Maintenance Service Shall Include: 1. All items listed under Annual Preventive Maintenance Program 2. Engine fuel filters changed 3. Engine oil and fuel filter changed 4. DCA filters changed (where applicable) CyE3 5. All air Filters (where applicable) 6. Fuel Polishing (where applicable & approval from the using department) Page 3 of 3 Exhibit B Fee Schedule (following this page) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 18-7324 EXHIBIT B-FEE SCHEDULE A — Maintenance, Installation, Repair and Fuel Polishing Services: Description Unit Price Generator Technician — Normal Working Hours $85.00 $/hour Fuel Polishing, up to 500 Gallons $1.25 $/gal Fuel Polishing, over 500 Gallons $.55 $/gal Generator Technician-Overtime will be charge at time and one half for services after 4:30 p.m. Subcontractor Mark-Up will be 15% Parts and Material Mark-Up will be 10% B — Rentals: Item Description Weekly Rental Rate Monthly Rental Rate 1 10 KW Generator $2,050 $5,800 Delivery/Pickup Delivery/Pickup 2 15 KW Generator $2,050 $5,800 Delivery/Pickup Delivery/Pickup 3 25 KW Generator $2,050 $5,800 Delivery/Pickup Delivery/Pickup 4 50 KW Generator $2,250 $6,000 Delivery/Pickup Delivery/Pickup 5 75 KW Generator $2,350 $6,000 Delivery/Pickup Delivery/Pickup 6 100 KW Generator $2,350 $6,000 Delivery/Pickup Delivery/Pickup 7 175 KW Generator $2,890 $7,300 Delivery/Pickup Delivery/Pickup 8 200 KW Generator $3,210 $8,200 Delivery/Pickup Delivery/Pickup 9 250 KW Generator $3,210 $8,200 Delivery/Pickup Delivery/Pickup 10 300 KW Generator $3,550 $9,400 Delivery/Pickup Delivery/Pickup 11 350 KW Generator $3,550 $9,400 Delivery/Pickup Delivery/Pickup 12 500 KW Generator $6,900 $18,800 Delivery/Pickup Delivery/Pickup 13 750 KW Generator $8,500 $23,500 Delivery/Pickup Delivery/Pickup 14 800 KW Generator $8,500 $23,500 Delivery/Pickup Delivery/Pickup 15 1000 KW Generator $10,300 $29,000 Delivery/Pickup Delivery/Pickup 16 1250 KW Generator $12,000 $35,000 Delivery/Pickup Delivery/Pickup 17 1500 KW Generator $16,000 $45,500 Delivery/Pickup Delivery/Pickup 18 1750 KW Generator $18,000 $48,600 Delivery/Pickup Delivery/Pickup 19 2000 KW Generator $18,000 $48,600 Delivery/Pickup Delivery/Pickup 20 Cables (400 Amp) 50 FT $20 $60 21P a g e Other Exhibit/Attachment Description: Exhibit 1-02 Grant Certifications and Assurances VI following this page (GCA-1 through GCA-8) [phis exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE,M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions 7. Scrutinized Companies Certification GCA- 1 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Larry Davis Generator Maintenance, Repair and Installation Name Project Name President 18-7324 Title Project Number L.J. Power, Inc. 47-1048260 Firm Tax ID Number 07-952-1781 DUNS Number 9301 Hwy 290 West, #100,Austin, Tx. 78736 Street dre City, State,Zip gnature\ GCA- 2 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned L.J. Power, Inc. (Vendor/Contractor) certifies, to the best of his or her knowledge and belief,that: (1)No State appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract,grant,loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem,the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation,purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, L.J. Power, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 11.062,Florida Statutes., apply to this certification and disclosure,if any. Larry Davis Name of Authorized Official Presi n Title Signature of Vendor/Contractor's Authorized Official 6/12/18 Date GCA-3 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 18-7324 Collier County Solicitation No. I Larry Davis , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director,trustee,general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Larry Davis �"— Name Signatire President 6-12-18 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. GCA-4 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT status Alit be%gifted. Unverifable statuses will require the PRME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT L.J. Power, Inc. 47-1048260 Unknown IS THE PRIME A FLORIDA-CERTIFIED D1540VANTAGED. VETERAN y N THE ACTIVITF OF THIS CONTRACT... MINORITY OR WIDNinN BUS ESS ENTER PRISE? DBE? Y It CONSTRUCTION? OSE/NIBEAWBEI OR HAVE A SMALL DISADVANTABED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? N CONDUITAMON? N ADMINISTRATION? A SERVICE DISABLED VETERAN? WEE? V N OTHER? E=1 No SOS BA? N IS Tit S SU BMISSON A REVISION? Y N F YES,REWSION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED‘k i tRAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE filiWBE SUBCONTRACTOR OR SUPPLIER TYPE OR WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY {See BetoW} DOLLAR AMOUNT DOLLARS TOTALS, C SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMI ER DATE ITTI_E OF SUBMTTTER Larry Davis 6-12-18 President EMAIL ADDRESS OR PRIME ISUBMITTER) TELEPHONE NUMBER FAX NUMBER L.davis@ljpower.net 737-703-5000 737-703-5100 NOTE:This information is used to track and report anticipated DEE or MBE participation in fecierally-funde.d contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms.This form must be submitted at time of response to a solicitation..land When awarded a County contrKt,the prime will be aged to update the information for the grant compliance files. MINIM( CODE Black American BA Hispanic American Native American NA SuEicont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of an •other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT P IFBITIT-P or POIREO) ORANT PR OG RAMICONTEACT ACCEPTED BY: DATE - GCA-5 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLUER CColinn GPAFiT CCV-PUANCE FORM PID OPPORTUNITY UST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICE'S nistiv policy of Collier County that disadvantaged businesses and minority vendors as defined in the Code of federafliegidations(CFR)or Florida Statutes(FS),must have the opperninity to part:0We on Contract with federal and/or state grant assistance Prime Contractor/Prime Consultant L.J. Power, Inc. Address and Phone Number. 9301 Hwy 290 West, #100 Austin, Tx. 78736 - 737-703-5000 Procurement NurnberfAcNertisement Number: 1 g-7324 The list below is intended to be a listing of firms that are,or attempting to,participate on the protect numbered above. The fist must include the firm bidding or quoting as printer as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers I.,2,3,and A;and,should provide any information they have for Numbers 5,6,7,and 6.This form must be submitted with the bid package. 1. Federal Tax ID Number N/A 6,Ei DBE S.Annual Gross Receipts 2.Firm Name: Non-DBE _ess than$1 million 3.Phone Number. Between 51-5 million 4.Address -Between 5 5-10 million 7.B Subcontractor Between 510-13 mDlion — Subconsultant More than$13 milion — 5.Year Firm Established: 1. Federal Tax ID Number: N/A 6. DBE a.Armal Gross Receipts 2. Firm Name: Non-OBE Less than 5 1 milion 3.Phone Number: Between 51-5 million — 4.Address 55-10 million — — 7. Subcontractor Between 510-13 million — Suboonsultant More than 5 15 milion — — 5. Year Firm Established: 1. Federal Tax ID Number. N/A 6.Ei DBE B.Annual 01055 R-xelpts 2. Firm Name: Non-DBE Less than$2 million — 3. Phone Number Between 51-5 million 4.AddressBetween 5 5-10 million — 7.1 ] Subcontractor Between$10-15 million Subconsultant folore than S15 milion .. .—. 5. Year Firm Established: 1. Federal Tax10,Number: N/A 5.El DBE a. Annual Gross Receipts — 2. Firm Name: Non-DBE Less than 5 1 million 3. Phone Number Between 5 1-5 million 4.Address Between 55-10 million 7.EI Subcontractor Between$10-15 million Subconsidtant -'Vlore than 5 15 million — 5.Year rim Established: C..':•.) GCA-6 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). L.J. Power,Name Inc. Date 6-12-18 Authorized Signature ' Address 9301 Hwy 290 West #loo Austin,Tx 78736 Solicitation/Contract# X8-7324 GCA-7 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Scrutinized Companies Certification The undersigned L.J. Power, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief,that it is not listed on the • Scrutinized Companies with Activities in Sudan List, • Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or • Scrutinized Companies with Activities in Israel List (eff. 10.1.2016), pursuant to Section 215.473, F.S. The subcontractor further agrees the County may immediately terminate this contract for cause if the vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list during the term of the contract. Larry Davis Name of Authorized Official President Title Signature of Vendor/Contractor's Authorized Official 6-12-18 Date GCA- 8 � l ® AD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ann Watters Sihle Insurance Group, Inc. PHONE FAX 916 S.Wickham Rd. IA/c,No.Ext):321-422-7890 (A/C,No):321-724-2063 Melbourne FL 32904 ADDRESS: awatters@sihle.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Ohio Casualty Insurance Co. INSURED LJPOWER-01 INSURER B: LJ Power, Inc. 12707 Nutty Brown Road INSURER C: Building F INSURER D: Austin TX 78737 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1520515179 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE IVSD SUBRWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y BKS58213607 10/21/2018 10/21/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC I, PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BAS57831537 10/21/2018 10/21/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS —$ x HIRED y NON-OWNED I PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR US058213607 10/21/2018 10/21/2019 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$10 000 $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? - - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A INLAND MARINE BM057831537 10/21/2018 10/21/2019 Leased/Rented Equip $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is included as Additional Insured with respect to General Liability and Automobile Liability when required by written contract.A Waiver of Subrogation applies when required by written contract to General Liability and Automobile Liability policy in favor of Collier County Board of County Commissioners. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112 ior?le (11/`•""'. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD T3-L2B DATE(MMIDD/YYYY) ACc RL CERTIFICATE OF LIABILITY INSURANCE 8/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: g Risk Management Department Commercial Lines (305)443-4886 PHONE Ic N,Ext): (866)443-8489 FAX No): (800)889-0021 USI Insurance Services National, Inc. ADDRESS: Work.Comp©Trinet.com 2601 South Bayshore Drive,Suite 1600 INSURER(S)AFFORDING COVERAGE NAIC# Coconut Grove,FL 33133 INSURERA: Indemnity Insurance Company of North America 43575 INSURED INSURER B: TriNet HR III-A, Inc. INSURER C: RE:LJ Power Inc. INSURER D: 9000 Town Center Parkway INSURER E: Bradenton,FL 34202 INSURER F: COVERAGES CERTIFICATE NUMBER: 13359358 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I PRO-JECT LOC PRODUCTS-COMP/OP AGG $ S OTHERS COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ -_ OWNED 1--- SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSPROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ $ DED RETENTION$ PER A WORKERS COMPENSATION WLR_C65440738 7/1/2018 7/1/2019 X STATUTE OTH AND EMPLOYERS'LIABILITY Y/N 2,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT 5 2,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Workers'Compensation coverage is limited to worksite employees of LI Power Inc.through a co-employment agreement with TriNet HR III-A, Inc. For any and all work performed on behalf of Collier County Contract#18-7324 CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE 1 9( , - The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03)