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Agenda 10/11/2022 Item #16C1 (Upgrade the reliability and substainability of the Tamiami Wellfield Emergency Generator System for continuous service to Collier County Water Sewer District customers)
16.C.1 10/11/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 22-8007, "Tamiami Well 25 Generator Replacement," to Zabatt Engine Services, Inc., d/b/a Zabatt Power System, Inc., in the amount of $300,111.55, and authorize the Chairman to sign the attached Construction Services Agreement. (Water User Fee Capital Fund (412), Project Number 70069) OBJECTIVE: Upgrade the reliability and sustainability of the Tamiami Wellfield Emergency Generator System for continuous service to Collier County Water -Sewer District customers. CONSIDERATIONS: The Tamiami Wellfield provides fresh raw water to Collier County Water Sewer District's ("CCWSD") two regional water treatment plants. Each water treatment plant utilizes its own treatment process to produce a permitted total capacity of twenty-four million gallons of potable water per day. Tamiami Well House 25 contains an emergency generator that supplies backup power to a total of four wells during Florida Power & Light outages. The existing generator is at the end of its useful life. This project provides for the replacement of the diesel generator and diesel fuel tank with all associated infrastructure, instrumentation, and controls. The completed project will provide system reliability and sustainability during losses of power. On May 27, 2022, the Procurement Services Division issued ITB No. 22-8007 Tamiami Well 25 Generator Replacement, and on June 28, 2022, the county received eight bids, as summarized below. Respondents: Company Name City County State Amount Responsive/ Responsible Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems Inc. Jacksonville Duval FL $300,111.55 Yes/Yes Cis Sales and Service of Ocala Inc. Ocala Marion FL $325,000.00 Yes/Yes Eau Gallic Electric Inc Melbourne Brevard FL $358,000.00 Yes/Yes Technical Management Associates Fort Myers Lee FL $398,000.00 Yes/Yes All Florida Contracting Services Coral Springs Broward FL $424,880.00 Yes/Yes Tru Spec Mechanical Cape Coral Lee FL $456,502.39 Yes/Yes Simmonds Electrical of Naples, Inc. Bonita Springs Lee FL $461,767.58 Yes/Yes Douglas N. Higgins, Inc. Naples Lee FL $843,800.00 Yes/Yes Staff reviewed the bids received and found all eight bids to be responsive and responsible. Staff determined that Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems, Inc. ("Zabatt") is the lowest responsive and responsible bidder. Engineer of Record, Tetra Tech, Inc., determined the low bid is fair and reasonable and recommends awarding the contract to Zabatt. Tetra Tech, Inc. evaluated Zabatt's references and found them acceptable to determine its experience on work of a similar magnitude judged within the last five years, skill, business standing, and ability to conduct the work as completely and timely as required under the terms of the Agreement. Zabatt is an independent generator and engine business that has been providing equipment and service to homeowners, businesses, and industries across the region for more than 30 years. Zabatt is headquartered in Jacksonville, has service centers throughout the state, and has cultivated strong business relationships among a broad range of markets in Florida. The firm will be a new contractor to Collier County. The low bid is approximately 34 percent lower than the engineer's opinion of probable cost of $405,000. Packet Pg. 385 16.C.1 10/11/2022 The Procurement Services Division concluded bidding was competitive and representative of market conditions. The bid tabulation, engineer's letter of recommendation, the Notice of Recommended Award, and proposed agreement are all attached. The total bid includes an Owner's Allowance of $40,000 for unforeseen and unanticipated conditions that may be encountered during construction. If necessary, the use of the allowance funds will be subject to County approval prior to the execution of any work and will be billed at the appropriate contract price based on a time and materials basis, consistent with the contract and County Procurement policies. FISCAL IMPACT: The source of funding is Water User Fee Capital Fund (412). The project is expected to be completed in 2023. There is no change in operating costs. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award ITB No. 22-8007, "Tamiami Well 25 Generator Replacement" (Project No. 70069), to Zabatt Engine Services, Inc., in the amount of $300,111.55, and authorize the Chairman to sign the attached Agreement. Prepared by: Tom Sivert, P.E., Senior Project Manager, Engineering & Project Management Division ATTACHMENT(S) 1.22-8007 - Bid Tabulation (PDF) 2.22-8007 - NORA (PDF) 3.22-8007 - DELORA (PDF) 4.22-8007 Zabatt COI (PDF) 5. [Linked] 22-8007 - Construction Agreement - Bonds (PDF) 6. PowerPoint (PPTX) Packet Pg. 386 16.C.1 10/11/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 23136 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 22-8007, "Tamiami Well 25 Generator Replacement," to Zabatt Engine Services, Inc., d/b/a Zabatt Power System, Inc., in the amount of $300,111.55, and authorize the Chairman to sign the attached Construction Services Agreement. (Water User Fee Capital Fund (412), Project Number 70069) Meeting Date: 10/11/2022 Prepared by: Title: Project Manager, Senior — Public Utilities Planning and Project Management Name: Tom Sivert 08/23/2022 7:45 AM Submitted by: Title: Director — Public Utilities Planning and Project Management Name: Matthew McLean 08/23/2022 7:45 AM Approved By: Review: Public Utilities Planning and Project Management Benjamin Bullert Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Procurement Services Barbara Lance Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Water Howard Brogdon Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Planning and Project Management Matthew McLean Water Pamela Libby Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer County Attorney's Office Scott Teach Level 2 Attorney Review Public Utilities Department AmiaMarie Curry Level 2 Division Administrator Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Additional Reviewer Completed Completed 08/23/2022 1:25 PM Completed 08/23/2022 2:46 PM Completed 08/24/2022 11:40 AM Completed 08/26/2022 6:14 AM Completed 09/01/2022 11:30 PM Completed 09/12/2022 4:21 PM Additional Reviewer Completed Completed 09/21/2022 5:55 AM Completed 10/03/2022 9:00 AM Completed 10/03/2022 11:09 AM Completed 10/03/2022 12:13 PM Completed 10/03/2022 12:20 PM Completed 10/03/2022 2:39 PM Completed 10/04/2022 7:19 AM Completed 10/05/2022 8:08 AM Packet Pg. 387 16.C.1 10/11/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 10/11/2022 9:00 AM Packet Pg. 388 16.C.1.a Solicitation No. 22-8007 Solicitationn Title: Tamiami Well 25 Generator Replacement Procurment Strategist: Lisa Olen Project Manager: Tom Sivert Bid Tabulation ITEM NO DESCRIPTION QUANTITY UNITS Bid Amount 1 Mobilization and General Conditions 1 LS 2 Diesel Generator 1 LS 3 Diesel Fuel Tank 1 LS 4 Miscellaneous Elecnical 1 LS 5 Temporary Standby Power 1 LS 6 NVAC and Mechanical 1 LS 7 OWNERS ALLOWANCE: This fund may be used only at OWNER'S direction to accomplish work due to unforeseen conditions. Inclusion of the Allowance Fund as part of the Contract Price is not a guarantee that the Contractor will be paid any portion of the full amount of the Allowance fund. - T&M $40,000 Total Bid $ 40,000.00 BID RESPONSE FORMS Bid Schedule Bid Response Form (Form 1) Exhibit N - Contractors Key Personnel (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Bidders Checklist (Form 12) COPIES OF REQUIRED INFORMATION ATTACHED Company's E-Verify Profile Page or MOU Copy of Active Registration with Current FL Divisions of Corporations Copy of Active applicable License Copy of Local Business Tax Receipt W-9 ACKNOWLEDGEMENT- RECEIPT OF ADDENDUM Addendum #1 Addendum rig Addendum #3 Addendum #4 Place of Business; County of Business; Opened by: L„ann Charles Witnessed by: Kris Lopez Matt Cato,, Juan Delgado Berta Villar Notices Issued: 24,740 Bid PKGS Viewed: 71 Bid Responses: 8 No Bids: 0 Zabatt Engine Services, Inc. dba Zabatt Power Systems Inc. Gs Sales and Service of Ocala Inc. Eau Gallie Electric Inc' Technical Management Associates All Florida Contracting Services Tru Spec Mechanical Simmonds Electrical of Naples, Inc. Douglas N. Higgins, Inc. Bid Amount Bid Amount Bid Amount Bid Amount Bid Amount Bid Amount Bid Amount Bid Amount $6,652.30 $16,000.00 $15,000.00 $40,000.00 $52,000.00 $96,050.26 $36,679.68 $81,wo.w $74,621.11 $90,000.00 $99,000.w $79,000.00 $110,000.00 $96,688.00 $122,904.41 $222,800.00 $52,444.44 $",5,10.001 $113,No.wl $55,300.001 $76,000.001 $40,000.001 $92,243.381 $130,000.00 $90,232.70 $56,755.00 $40,000.00 $76,900.00 $60,280.00 $72,906.00 $29,037.95 $128,000.00 $4,286.00 $13,000.00 $9,000.00 $24,000.00 $28,600.00 $10,798.00 $41,417.16 $48,000.00 $31,875.00 $64,705.00 $42,000.00 $82,800.00 $58,000.00 $100,060.13 $99,485.00 $194,000.00 $40,000 $40,000 $40,000.00 $40,000 $40,000 $40,000 $40,000 $40,000 $300,111.55 $325,000.00 $358,DD0.00 $398,000.00 $424,880.00 $456,502.39 $461,767.58 $843,800.00 Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes/Ocala Yes/ Melbourne No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Jacksonville Ocala Melbourne Fort Myers Coral Springs Cape Coral Bonita Springs Naples Duval Marion Brevard Lee Broward Lee Lee Collier i Engineer's Estimate :i $35,000.00 $300,000.00 $95,wo.w $45,000.00 L r $20,000.00 $70,000.00 L $40,000.00 V Lf) 3aos,000.00 N W f0 E M H M M N Packet Pg. 389 DocuSign Envelope ID: ODC6DCCF-9266-4FOA-AF6A-BD2A8D7DB07A 16.C.1.b Cofer County Procurement Services Division Notice of Recommended Award Solicitation: 22-8007 Title: Tamiami Well 25 Generator Replacement Due Date and Time: June 28, 2022 Respondents: Company Name City County State Amount Responsive/Responsible Zabatt Engine Services, Inc. dba Zabatt Power Systems Inc. Jacksonville Duval FL. $300,111.55 Yes/Yes CJs Sales and Service of Ocala Inc. Ocala Marion FL. $325,000.00 Yes/Yes Eau Gallie Electric Inc Melbourne Brevard FL. $358,000.00 Yes/Yes Technical Management Associates Fort Myers Lee FL. $398,000.00 Yes/Yes All Florida Contracting Services Coral Springs Broward FL. $424,880.00 Yes/Yes Tru Spec Mechanical Cape Coral Lee FL. $456,502.39 Yes/Yes Simmonds Electrical of Naples, Inc.. Bonita Springs Lee FL. $461,767.58 Yes/Yes Douglas N. Higgins, Inc. Naples Lee FL. $843,800.00 Yes/Yes Utilized Local Vendor Preference: Yes 0 No = N/A On May 27, 2022, the Procurement Services Division issued Construction ITB Solicitation 22-8007 — Tamiami Well 25 Generator Replacement, to twenty four thousand seven hundred thirty nine (24,739) vendors. Vendors viewed seventy one (71) bid packages and the County received eight (8) bid packages by the June 28, 2022, due date as summarized above. Staff reviewed the bids received. All bids were deemed responsive and responsible. Staff determined that Zabatt Engine Services, Inc. dba Zabatt Power Systems Inc. is the lowest responsive and responsible bidder. Staff recommends the contract be awarded to Zabatt Engine Services, Inc. dba Zabatt Power Systems Inc., the lowest responsive and responsible bidder, for a total contract amount of $300,111.55. DocuSigned by: Required Signatures Project Manager: I T�W �ivAt� 7/18/2022 Procurement Strategist: I 0 ' Lxm 7/18/2022 Procurement Services Director: DocuSigned by: H 7/18/2022 Date Q O z 0 0 0 N N a W E U ca a Packet Pg. 390 16.C.1.c OTETRA TECH Lisa Oien Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 July 11, 2022 RE: Design Entity Letter of Recommended Award (DELORA) Solicitation No. 22-8007 Solicitation Title: Tamiami Well 25 Generator Replacement Dear Lisa Oien, Tetra Tech (EOR) has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Tamiami Well 25 Generator Replacement project includes furnishing and installing a new permanent stand-by 200 kW diesel generator and a new 1,000-gallon diesel fuel tank as well as furnishing conduit, wire, and fuel piping to connect the new generator to the new fuel tank and the electrical switch gear. The work also includes building modifications including removing and reinstalling louvers and installing generator exhaust through existing building walls. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is Zabatt Engine Services, Inc. with a bid of $300,111.55. Tetra Tech was provided with the bid Schedule for Zabatt Engine Services, Inc. and their bid is approximately 34% lower than the Engineer's Opinion of Probable Construction Cost (OPCC) of $405,000.00. Zabatt Engine Services, Inc. is an independent generator and engine business that has been providing equipment and service to homeowners, businesses, and industries across the region for more than 30 years. Zabatt is headquartered in Jacksonville, Florida and has service centers throughout the state in which they have cultivated strong business relationships among a broad range of markets in Florida. Zabatt is a Gardner Denver distributor that is well regarded in the region among both customers and competitors. Zabatt offers a full service sales department and expanded services such as turn -key project planning, design, and management. Tetra Tech contacted the project references provided by Zabatt Engine Services, Inc. and we determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. All the references were contacted and the completed Vendor Reference Check Logs for the responsive references are attached hereto. All references that responded to Tetra Tech provided positive feedback on Zabatt. Zabatt submitted all the required bid forms and is the lowest responsive and responsible bidder. Based on the above information, Tetra Tech recommends Zabatt Engine Services, Inc. be awarded the Tamiami Well 25 Generator Replacement project in the amount of $300,111.55. Tetra Tech, Inc. 10600 Chevrolet Way, Suite 102, Estero, FL 33928 Tel 239.390.1467 Fax 239.390.1769 www.tetratech.com Packet Pg. 391 16.C.1.c N TETRA TECH Please do not hesitate to call me with any questions you may have. t Digitally signed by Tyler Tyler C Wainrigh Date: 2022.07.13 09:11:23-04-00' Sincerely, Tyler Wainright, PE Project Manager Tetra Tech, Inc. 10600 Chevrolet Way, Suite 102, Estero, FL 33928 Tel 239.390.1467 Fax 239.390.1769 www.tetratech.com Packet Pg. 392 16.C.1.c Appendix H2 —Template - DELORA Vendor Reference Check Log CO7BY County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8007 Reference Check by: Kaylei Kambak Solicitation Title: Tamiami Well 25 Generator Replacement Date: 7/11/2022 Bidder's Name: Zabatt Engine Services, Inc. Phone: 636-577-1845 Design Entity: Metro Electrical REFERENCED PROJECT: Project 338 Trice Lane, Crawfordville, FL Project Name: Fire and EMS Facility Location: 32327 Project Description: Supply 150 kW diesel generator with 510-gallon tank Contract Completion Date: February 2019 Value: $54,384.00 Project Owner/Title: Metro Electrical 338 Trice Lane, Crawfordville, FL Owner's Address: 32327 Phone: 850-222-2804 Owner's Contact Person: Donnie Wallace E-Mail: donnie@metroelectricalservices.com 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. There is always changes but the process ran smoothly. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues since closeout. 7. Additional comments: We have always worked with Zabatt for our generator Packet Pg. 393 16.C.1.c Appendix H2 —Template - DELORA Vendor Reference Check Log CO7BY County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8007 Reference Check by: Kaylei Kambak Solicitation Title: Tamiami Well 25 Generator Replacement Date: 7/6/2022 Bidder's Name: Zabatt Engine Services, Inc. Phone: 636-577-1845 Design Entity: Orange County Public Schools REFERENCED PROJECT: Project Name: OCPS Champions Castleview Elementary School SW-4 Project Location: Orange County Project Description: Supply 50 kW diesel with a 500-gallon sub -base tank Completion Date: May 2019 1 Contract Value: $38,772.00 Project Owner/Title: Orange County Public Schools Owner's Address: 9131 Taborfield Ave., Orlando, FL 32836 Phone: 321-403-0513 Owner's Contact Person: Kevin Isaacs E-Mail: jim@sunkraft.us 1. Was project completed timely and within budget? (If not, provide detail) Yes. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes. 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, the process ran smoothly. There were not any changes. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There were warranty issues, but they took care of them. 7. Additional comments: We have worked with them previously and they've always been good contractors. They are more of suppliers so we put the generator in, and they test it to ensure everything works. Packet Pg. 394 16.C.1.c Appendix H2 —Template - DELORA Vendor Reference Check Log Coder County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 22-8007 Reference Check by: Kaylei Kambak Solicitation Title: Tamiami Well 25 Generator Replacement Date: 7/6/2022 Bidder's Name: Zabatt Engine Services, Inc. Phone: 636-577-1845 Design Entity: City of Jacksonville REFERENCED PROJECT: Project Name: Montgomery Correctional Center I Project Location: Jacksonville, FL Project Description: Provide and install a 300 kW and 1,800-gallon tank Completion Date: March 2021 Contract Value: $197,717.00 Project Owner/Title: City of Jacksonville Owner's Address: 4727 Lannie Road, Jacksonville, FL 32254 Phone: 904-330-9963 Owner's Contact Person: Frank Mashuda E-Mail: FMashuda@coj.net 1. Was project completed timely and within budget? (If not, provide detail) The project was finished within the contract timeframe and within budget. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) The submission and review process were satisfactory. 3. Was the construction process performed satisfactorily? (If not, provide detail) The construction process was performed satisfactorily and skillfully. 4. Did the process run smoothly? Were there any changes? Describe below. The project went very smoothly with proper care shown for the security, comfort, and safety of the inmates. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) There have been no warranty issues since closeout. 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? There have been no warranty issues since closeout. 7. Additional comments: I would recommend Zabatt for generator installation. Packet Pg. 395 16.C.1.d AIR" CERTIFICATE OF LIABILITY INSURANCE ATE$/(M2M//2DOD22YYY) P 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 Arthur J. Gallagher Risk Management Services, Inc. 501 Riverside Ave Suite 1000 Jacksonville FL 32202 CONTACT NAME: Kim Bass PHONE— - FAx Alc No Ext): 904 354-3785 (A/C No): 904-634-1302 E-MAIL ADDRESS: Kimberly Bass@ajg.COm INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: BUSlnessFlrst Insurance C_ompan /y 11697 INSURED ZABAENG-01 Zabatt Engine Services, Inc. dba Zabatt Power Systems, Inc. INSURER B: Continental Insurance Com an �� - 35289 20478 - INSURERC: National Fire Insurance Co of Hartford INSURERD: Illinois Union Insurance Comp>nv _ 4612 Highway Avenue Jacksonville FL 32254 27960 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 1325893395 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6080613017 5/1/2022 5/1/2023 EACH OCCURRENCE $ 1,000000 CLAIMS -MADE IX I OCCUR DAMAGE TO RENTED P-REMISES (Ea occurrence)-_ - $ 500,000 MED EXP (Any one person) $ 15,000 _ PERSONAL &ADV INJURY__ $1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY E PRO- JECT LOC GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y 6080613020 5/1/2022 5/1/2023 EOa aBINEDISINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ( Per accident) $ 1.000,000 X NON -OWNED HIRED Fx ONLY AUTOS ONLY PROPERTY DAMAGEAUTOS Per accident) �- $1,000,000 B UMBRELLA LIAB X OCCUR 6080613048 5/1/2022 5/1/2023 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE DED X RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA Y 52120264 1/1/2022 1/1/2023 - _ STATUTE EORH -- --- - E.L. EACH ACCIDENT -- - -- - -- $ 1,000,000 -- -- (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT - --- - S 1,000,000 DESCRIPTION OF OPERATIONS below D Pollution Liability CPYG71143776005 5/1/2022 5/1/2023 Per Pollution Cond. 1,000,000 SIR9ram Aggregate 2,000,000 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as additional insured under the captioned Commercial General Liability and Automobile Liability Policies on a primary and non-contributory basis if and to the extent required by written contract. Job: Tamiami Well 25 Replacement, Invitation to Bid No. 22-8007 %,r-rc i irik m i c nvLur-m k ANL LLLA I RJIV Collier County Board of Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. C aD m v f0 Q. d L O R L d C W N d E t'6 E M t0 M M N O U ++I a+ M N N ti O O N N C O E t U O Q ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 396 16.C.1.d ADDITIONAL INSURED!PRIMAI I Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seel<s coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, tal<es effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 22; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6080613020 Policy Effective Date: 05/01 /2022 Policy Page: 106 of 281 ° Copyright CNA All Rights Reserved. Packet Pg. 397 16.C.1.d CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6080613017 Page 1 of 2 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 398 16.C.1.d CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6080613017 Page 2 of 2 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 399 16.C.1.d CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE CONTRACT OR AGREEMENT TO WAIVE SUCH CONTRACT OR AGREEMENT: NAMED INSURED HAS AGREED IN WRITING IN A RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Policy No: 6080613017 Page 1 of 1 Endorsement No: 7 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 400 16.C.1.d DNA Business Auto Policy PolicyE,11,; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ZABATT ENGINE SERVICES, INC. Endorsement Effective Date: 05/01 /2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. I j Form No: CA 04 44 10 13 Policy No: BUA 6080613020 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01 /2022 Endorsement No: 7; Page: 1 of 1 Policy Page: 64 of 281 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright Insurance Services Office, Inc., 2011 Packet Pg. 401 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when 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 any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or.organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA75101XX (1-15) Policy No: 6080613017 Page 4 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 402 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part, K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 3. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. 0 B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE CNA75101XX (1-15) Policy No: 6080613017 Page 5 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 403 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. CNA75101XX (1-15) Policy No: 6080613017 Page 6 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 404 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES — Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: 0 (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: CNA75101XX (1-15) Policy No: 6080613017 Page 7 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 405 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. CNA75101XX (1-15) Policy No: 6080613017 Page 8 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 5 / 01 / 2 0 2 2 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 406 16.C.1.d Cap► CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Otherinsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such CNA75101XX (1-15) Policy NO: 6080613017 Page 9 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 407 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: CNA75101XX (1-15) Policy No: 6080613017 Page 10 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 408 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or CNA75101XX (1-15) Policy No: 6080613017 Page 11 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 409 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSUREDS of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CNA75101XX (1-15) Policy No: 6080613017 Page 12 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurapce Services Office, Inc., with its permission. Packet Pg. 410 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. N 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. CNA75101XX (1-15) Policy No: 6080613017 Page 13 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 411 16.C.1.d CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75101XX (1-15) Policy No: 6080613017 Page 14 of 14 Endorsement No: 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2022 Insured Name: ZABATT ENGINE SERVICES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 412 16.C.1.d WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule *Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: November 19, 2021 Carrier: BusinessFirst Insurance Company Effective Date of Endorsement: January 1, 2022 Policy Number: 521-20264 Countersigned by: Insured: Zabatt Engine Services, Inc. WC 00 03 13 (Ed. 4-84) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 1984 NCCI" Packet Pg. 413 1 y _ "fie - = - L. — 'fir Collier County Florida Tamiami Well 25 Generator Replacement Matt McLean, Director Public Utilities Division � May 10, 2022 Project Scope ♦ The scope of this project provides replacement of the generator at Tamiami that has reached the end of its useful life. for the Well 25 ♦ The new generator will supply emergency power to four production wells. ♦ The completed project will provide system reliability and sustainability during losses of FPL power. Public Utilities Department Engineering and Project Management Division Island Falk PALAA ROYAL# K 111612MMM019 c MIKS RUN PROJECT LOCATION utildei; u,�tc eiv[S Vs' r T$ rds w t SUNGATF CENTER s m m � Golden Gate sic; E a� L O R L I(D V LO N d fC E R H M M N C O d d O d r C d E L V r r Q Packet Pg. 416 I1■■1F40 �J E �6r L r O L i 04 N E r,a M M - � N d ' L O Q_ y, Q Packet Pg. 417 Recommendation ♦ To award ITB No. 22-8007, "Tamiami Well 25 Generator Replacement" (Project No. 70069), to Zabatt Engine Services, Inc., in the amount of $300,111.55, and authorize the Chairman to sign the attached Agreement. Public Utilities Department Engineering and Project Management Division CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems Inc. ("Contractor") of 46t2 Highway Avenue, Jacksonville, FL 32254, a Florida Profit Corporation authorized to do business in the State of Florida, to partorm all work ("Work") in connection with "Tamiami Well 25 Generator Replacement", Invitation to Bid No. 22-8007 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Tatra Tech, Inc. the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows Section �. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section B hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all limas during the pertormance of the Work. B. Owner shall Furnish to the Contractor one reproduci bla sat of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as era reasonably necessary For permitting. Sactlon 2. Scooe 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 partorm and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful pertormance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to ba paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Thrace Hundred Thousand Ona Hundred Elavan Dollars a,nd Fifty -Five Cants Section 4. Bonds. A. If applicable, the Contractor shall provide Pertormanca and Payment Bonds, in the form prescribed in Exhibit B-'1 and B-2, in the amount of 'I OO h of the Contract Amount, the costs of which are to be paid by Contractor. The Pertormanca 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, "Com panics 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 aov/c570/c570. html#certified. Should the Contract Amount be lass � ro Conatrudlon Services Agreement [2022_var.3] �+ than $500,000, the requirements of Section 287.0g35, 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 tlo business is terminated in the States of Florida, or it ceases to meat 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 ba subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Partormanca. Time is of the essence in the partorm ante of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to ba issued by the Project Manager, as hereinafter defined. Contractor shall comments the Work within five (5) calendar days from the Commencement Data. No Work shall be pertormad at the Project site prior to the Commencement Date. Any Work pertormad by Contractor prior to the Commencement Data shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred seventy (270) 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 completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized raprasentativas. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the assents for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may ba adjusted as provided for herein. In such event, the total amount of Owner's des magas, 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 harei n, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Hundred Twenty -Five Dollars ($225.00) 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 ba entitled to assess, and Contractor shall ba liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. Tha Project shall ba deemed to be substantially completed on the data the Project Manager [or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Times Periods. When any period of time is referenced by days herein, It shall be tom putad 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 z o Cons[rucllon Services Agreamanl [2022_var.3] LP or Sunday or on a day made a legal holiday by the law of YM1e 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 Tima is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. TM1a 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 continua and to finish the Work, or any part of it, after the expiration of the Contract Tima including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accords nca with the farms of the Contract Documents. H. Recovery of Damages Suffered by TM1ird 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 tla mages under tM1is Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may ba owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incoroorated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation YF22-6007 "Tamiami Well 25 Generator Replacement." Exhibit A-1: Contractor's Hid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Atldendu ms Exhibit A-3: Contractor's list of Key Peraonnal Exhibit B-�: Payment Bond Forms � Not Applicable Exhibit B-2: Perform ante Bond Forms 0 Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 �— ConsVucllonaervlcesAgre®mant [2022_var.3] �/ Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Fonn Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions � Applicable ®Not Applicable Tha following documents are expressly agreed to ba incorporated by reference and made a part of this Agreement for Solicitation Y122-8007 Tamlaml Wall 25 Generator Replacement. The com plate contract documents, including Addendum with attachments, are avails bla on the Cou nty's on-line bidding system: httos'//www.bidsvnc.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box (®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Spacificatio ns Exhibit K: Permits Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by: Tetra Tech, Inc. ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall ba deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Board of County Commissioners, FL c/o Public Utilities Engineering &Project Management Division 3339 Tamiaml Trail East, Suites 303 Naples, FL 34112 Attn: Tom Sivert, Sr. Project Manager Phone: (239) 252-5376 Email: Tom.SivartCd?colliercountvfl.gov 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: Zabatt Englna Services, Inc. d/b/a Zabatt Power Systems Inc. 4612 Highway Avenue Jacksonville, FL 32254 Attn: Sandra M. Sabatier, Secretary Phone: (904) 384-4505 Email: BidsCcazabatt.com C. Either party may change its above noted address by giving written notice to [he other party in accordance with the requirements of this Section. L,Pv 4 Construction Services A9reamanl [2022_var3] Sectlon 8. PUBLIC ENTITY CRIMES. 8.1 By Its execution of [his Contract, Construction Contractor acknowledges that it has bean 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 partorm 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." Sectlon 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 ba bound by it. Sectlon 70. Successors and Assions. Su bjact to other provisions hereof, the Agreement shall ba binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governinn Law. The Agreement shall be interpreted under and its pertormance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right [hereafter to anforca each and every such provision. Sectlon '13. Enti ra Aareement. 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 partormed, or payments made prior to the execution hereof shall be deemed merged in, integrated and su persadetl by the Agreement. Section 14. Severabllity. Should any provision of the Agreement be determined by a court to ba unenforceable, such a tleterm ination shall not affect the validity or enforceability of any other section or part thereof. LCAV s consvucuon sarv�c®s wgreamane Izazz_vars] Section 15. Chann¢ 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 procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not ba applied to the construction of this Agreement. Section 17. Order of Pr¢cede nce 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 including the Owner's Board approved Executive Summary 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. Remainder of page intentionally left blank C,pO s Construction Services Ag/aamanT [2022_var.3] IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. T WITNESSES: �_ IRST WITN S Kimberly Brown Print N�r�/� V /�./1..��j/1 SECOND WITNES - Edwin Vergara Print Name Date: 8/1012022 ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller ta Approved as to Form and Legality: County Attorney Print Name CONTRACTOR: Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems Inc. By: Sandra M. Sabatier - Secretary 8/10/2022 Print Name and Title Date *Vj,Vkl":71 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA -33 William McDaniel, Jr., Chairman Construction Services Agreement: [2022_ver.3] EXHIBIT A-'1: CONTRACTOR'S BIO SCHEO ULE !FOLLOWING THIS PAGEI a CpC2 ConsVuction Services Agreement [2022_vac3] CONSTRUCTION ITB#22-8007 "Tamiami Well 25 Generator Replacement" BID SCHEDULE Solicitation No. 22-8007 Solicitations Title: Tamiami Well 25 Generator Replacement Bidder Name: ZABATT ENGINE SERVICES, INC. ITEM NO OESGRIPTION QUANTITY UNITS TOTAL 1 Mobilization and General Conditions 1 LS 6662.3 2 OI¢s¢I Generator 1 LS J4,621.11 3 Olesel Fuel Tank 1 LS 52,444.44 4 Mis[ellaneous Electrical 1 LS 90232.J 5 Tampora ry Standby Power 1 LS 4286 6 HVAC and Mechanical 1 LS 318J5 J OWNERS ALLOWANCE: This fund may be used only at OWNER'S direction to accomplish work due to unforeseen conditions. Inclusion of The Allowance Fund as part of the Contract Price I5 noY a guarantee That the Contractor will be paid any portion of the full amount of the Allowance fund. - TBaM $40,000 Total Bid $ 300,111.55 CAGD EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGEI 9 O CoOstmcHon Servlcas A®�eaTOnT I2022_vec3] (,pp Email: Gcoll iercountY n.goY L..^O�ti_L'^Y^L�ULt'N.t'Y 'I7;Icphone: C239) 252-xsxx Prncumintsni Services Division A<Iden<lum #1 Date: June 1, 2022 Rroan: Lisa Oicn, Pevcuremcnt Sh'at¢gi st To: Interested [3 adders Subject Addendum N 1 Solicitation # 22-8007—'I'amiami Well 25 Generator Replacement "fhe following clarifications arc issued as an addendum: Chance 1: Procurement cunt rnc[ changes Flom kris Lopaz to Lisa Oien. Chance 2: Pre -bid Meeting date and time change A n - anAatorY Pre -bias conference; shell be halal xe the North County Wnter'lrexnnent Plflm IocntcA at 8005 Vanderbilt bench Rwd Naples, PL. 34120, xt 9:30 i8-nan. LOCAL'1'lMG on titer R"' drt4 Any n£Jun¢ 2022 Pre-Nid Conf¢r¢nc¢ 0:30 n Lucnl tlme ma the 8i° o£hme. Lowdon :North County Wnfer lYcx tenant Phmt IoextcA of SOOT V>uaderhflt B¢xeb RonA Nnples. PL. 34120 if You tea wire additional information, please Ppsr a question on our f3id Sync (�aww hid �•nc.com) bidding platform under the solic itntinn fm� this project. Pieasc sign below and return n copy of this Addendur with your submittal fm' the above ln�l � c+ZU-?-3 Date (Name oY Firm) ('ria O�Y �'t]L1Ht Email: �e3<ollierrnantyil.gov _—y�"��`_^ y Telephone: (239) 252-xxxx Proctvement Services Division Addendum #2 Date: June 10, 2U22 Prann: Lisa Oien, R'ocucemenl Strategist To: Interested Bidders Subj ecb Addendum #2 Soiioil'ntlon # 22-800]—Tamtmni Wcll 25 Cicnerntor Replacement Change 1: Typing en'or c9rrCcted on the bid bond form (i-'orm ]) Iocaned within the solicitation document. Words SMwNt�hrougH m•e deletcal; Wards Underlined are added , Wher s, the Principal i about to submit, or has sabm itred to d,e Owner, n 6id far FlmJishing all inbor, materlNs, equipmem and incidentals necessary to furnish, install, and Fully complota the Work on the Pro jcw known as Bid No. _ems z2-aoo]— �ran,iami weu 25 Generator' 12eplacement. Ghnngc 2: Change 1 reflected in tha solicitation Aoaaunenl 22-800] - Solicilntien replaced wlth 22-8U0] - Solicinnion RI - [f You require additional information, pleaso pose a question on our laid Sync (�}wt}�.bi��iy _. a:gnr) bidAing platform under the solicitation for this project. Please sign tielow and retm-n a copy oP [his Addendum with your submittal for the above ' ' 'reference solicitn tlon. ; ���_• ���1���� l�gnature) Date I �, , ' /�` Jf' f'=.NIA •.�O `I.i�n'�nC �,nl_ ,t f:Aty for- il.�rl 0��� Lmail: Lisa.Oien ncolliercountyfl.gov _ „�.� y Telephone: (23 J) 252-8935 Procwuement Services Division Addendum #3 Date: June 17, 2U22 From: Lisa Oicn, Procurement Su�ategist To: In[erosted I3 idlers Subject: Addendum #3 Sulicitxtion # 22-8007—Tamiami Well 25 Oenenttor Replacemenq The following clxri tications arc issued zts an addendum: Addendum #3 Time correction o t deadline for mtestions Question deadline ,Tune 17, 2002 xt 4-9(�fM4 5:00 PM. Ifyou require xdditionztl information, Please post a questimt on our Bid Sync Cav��}y_b_d>yag,coln.) bidding platform under the solicitation for this prgject. Please sigq below and return a copy of this Addendum with your submittal for tho above - - lei�—t �,�Ud2,2 Dat- fZ�.h...bF Gna:..e JCC�r,tLi iinc. 09ame of F'irnt) t'`nr� GOY Cou'Yft ('mail: Lisa.Oien ncolliercountyn.gov __ �,.e ���_ _ y '1'c lephone: C239) 252-8935 Pr<xuromenl Services Clivisbn Addendom #4 Date: June 17, 2022 From: Lisa Oicn. R�owrcmm�t Straiegi st To: Interested Bidders S ubJecL• Addendum #4 Solicitation # 22-800']—'1'euniami Well 25 G'eneratrn-Replacement Addendum #4 � �� Change 1: Revisions within the Plans. 'Fhe drawings are clouded identifying revisions. • 22-SOOT — Cxbibit M-Plans RI replaces 22-gU0-/ —Cxhibit M-Plans Change 2: Revision within the specifications m-e as doscribcA below. Words �orm�e�:: nre deicted; Wm�ds Un<lerlined nre added SECTION 15485 FACILITY ABOVEGROV ND FUEL -OIL STORAGE TANKS PART 2 - PIiOOUCPS � ' 2.01 HORIZONTA L, STEEL, FVIEL-OIL AST A. Manufacturers: Subiect to com olia nee with requirements, available manufacturers offering e co rated into the Wor nc u e t 1 mi tl to h 1. Hlghla nd Tanl< 2. Modern Welding 3. ACS Manufacturing 4. General Industries • 22-g00�—Exhibit A=recbnirnl9peciOcatinns l2t reylnces 22-8000—L.xhii>it A-Technicnl Spa:ciricntions If you require additional infm-mettion, please post a question on our 13id Sync (N')\•\v_t�i`]sLic=ynf) bidding platform under the solicitation {ar this project. I lease sign bolow anB return a copy of [his Addendwn wfth your su btnittal Yor the above reYe�= dd soltcftntion. <, nature) Dat- �. Zcioo-i-� �t^ e 4�e-r�ne:�- s, 1 �,c . _�. ' j�:.':ii (Name of Finn) 22-ROO']- Atldendum N4 rq� FORM 1 -S1D RESPONSE FORM BOARD OF' COVN"fV COMh11SSION ERS COLLIER COUNTY, FLORfUA � . '1'nmiami We1125 GCnerntm� Repin cctnent BIU NO. 22-800] Full Nnnac of Bidder Zabaal Engine Services, inc. Main Business Address 46t2 Highway Avonue. Jacksonville, FL 32254 Place of business 9'I t NW 209th Avanua, Suites 'I O6, Pambroha. Pinea,_FL 33029 l'eleVhone No. 904-334-4505 Pax No. 904-394-0446 State Conlmetol"A Licunsc State of Florida Certificate of Authority Document Federal "fax Identification Numbor 99-'IB892L•'I DlJNS tf 067156886 C:CRt! N/A Cage Cole To: 60ARU OF COUNTY COMMISSIONERS OF COLLIER COUNTI', PLORIDA - (hal'aillRl)er' cRlied the Owned - 'fhe andersigncd, as Bidder dednras that the only person or parties Interested in this Bid ns principals Rre those named hereha, that this Bitl i aubmine<I wi[bout collusion with Rny other person, limn or corporntion; that i[ has c refully examinetl the Igcationsaf the proposed Work. the proposcat form of Agreomont and RII ether Contract Documems and Bontls, Rnd The Contract Onnvings anA Speciliwtions. ' Bidder proposes, and agrees if this Bi<t is accepted, Bidd<;r will execute the Agreement includetl in fha 6i<Id ing Doc<nnems, to pr vitle all a ay n achinery, rook, Rppnratus n ul other mrnns of colistnle[ion. including. utility and tavmsportetion sea'ylces anecessaay to eta ail the work, antl fun+tsh RII the nmtaa'ials and equipment specified or �eferred to in the Contract Documents in the mnnner and lime herein Prescribed and according [o the requirements of the Owner ns therein set forth, furnish the �Contraclor's Bonds and lnsnaocc spectfictl i a the General Conditions of the Cwnract. Rnd to <to ell other things required oY the Conlrncror by the Cantract Uocmnen[s, Rnd Ihnl it will tul:ef411 payment the sums set 1'orlh in [be F flowing Bid Schedule: ' Unit prices shall be Prov lded in no morC theta hva Acelnaal PW rats. land in [he erase alam�e tL rlher dednnil Points Rre inadvertently provided, roundlnK [o two alecimal Po{n is \vfll be coed nete<I bl' Procu rem mtt Services Ulvision staff. Upon antificntirna that its bid has been nwaMcd. the Successful Bidder swill v- cafe lho Agreement form ahached [P the Bidding Uocumeuts within ten (10) calen<Inr dsy<nnd ddivor the Surc[y 13<nul or Bonds an<t Insurance Cer(i ti'd5tei requiretl by [hc Conbact Doa:umnus. "1'he bi<I security attaeheal is to become the property of the Owner in the event the Agreement. Insurance CertiOcates an<I Bonds a not executed antl delivered to Owner within the time atiovc set forth, as liquidated damages. 1'd' the tlelny and n<Id itional expense to the Owner, it being rcoognized that, si e. time of tho essence. Owner will soft r financiRl loss il' [he Successful 6idticr fails to execute and deliver to Owner the' required Ab'reemenL Insurance Certifientes, mxl I3unds within the regained tbne Period. In the event of such faihnc, the total a ant of Owner's damages. wild be difticuiq if net inq>ossihlc, to definitely R ortain and quantify._,Jt i hereby agreed lhn[ it is appropriate antl fnir that Owner recaivo ligaidnmd damages IFom tl a Success ful� Bidder iia i1Te Construction So/ic/tat7on Doc rev 04 fG2022 — �': /af'i evont it fails to cxecote vnd deliver [he Ag:cmn¢nt, Insurance Cerd ficntes, and bonds ns required hereunder. The Succ=ssfad Bidder hereby c<pressly w vas nnA r¢linquisbes any right which a may have In seek to charnetoNm d,e above noted liquidated damages n a pennhy, which the parties agree repress Ns n fnir m,d reasonable estimate of Owner's actual damages nt the time of bidding if the Suc,:essi'ul bidder fails to execute and deliver the Agreement, Insurance Corti ficntos, nnA Bonds in n timely manner. llprn, receipt ofehe signed and nPprovctl agreement and Purchase Order, the untlersignetl proposes M convnm,ce work nt the site within frve (5) calendar ds,ys from the cdnmenceu,ent Anec slipulnteA in tho written Notice to Proceed unless the Yrojec[ Man ag¢r, is ing, su bscquently notifies the Conu'actor nfn modiRed Qnte,9 commencement dote. '1'Me undersignetl funh¢r ag:�acs �m subswnti.,By com Pl¢t=. all work ¢overcd by this. Bid within twohu ndred sevmety (;90) easeeittive oalendar days, computed I>Y excluding the cannnencement date and inch ling the Inst dnY of suchper(od, and to be fully c nnl=tetl to the Point of Final acecp[ance by the Owner within th h�ty (30) consecutive calendar days after Substantial Cbmplction. computed by exG utling commm,c¢mcnt date and including the last dny o£soch nerietl. Acceptance anA aNanmvledgeA I>Y nn Authorize Agent ' ' ` Title: Sacr4lary n.,.... 6/27/2022 Constrc/ctlon So//cttaflon Ooc rev 09152022 t-AO co ,a,- co,.,v,cy Procurement SeMcos Division 1>nRM 9 — CONNL101' OP INl'I�:RIiSI' AID PI DA V I'1' The Vendm� certifies Orat, to the best of its knowledge and belie F, 11>e post and mvrent work e > any Collier Counry pl jed affiliated with this snlicilalion does not poxe an orgnnizational conflict ns tlexeribed by one of the three categories below: Riased 6ruund t ulex -'1'be I iron has not set the ^grounA rules" fur affiliated Pnst o n'en1 Cbllicr C'ounly project identi lied nbove l¢�g�, mritlrtg a ProcuramenPs statement of work, sped ficalions, or I>¢rfbrm ing Sy S(CI115 »rl$ill¢¢rlrlg alld tCCI>rll¢»I dIYCCtl011 fUl" 111C pl'OCIIrCrlr¢Ilt) Wh(Ch Rppafll5 l0 SkC•W lh¢ COmpClltion IIl tnvor of my firm. Im pntred objectivity -'fhc firm has not pm"Pormed work on an »!fill»tcA past o current Collier County projaca idmnificd above to evnluntc proposals / past p¢rFonnnnoe of itselF or n emnpelflor, which colts into question the contrnwor`s ability to render impnrtinl »dvico «> the govanvnent. U nequ»I access to infm�ln ntimi -Th¢ f5nn has not hod access to nonpublic infmn>ation as part of its parfonnnnc¢ of n Collier County p j¢ct identi FicA above which n>ay hove provided the connector (orAn - nffiliatel with an unfair cump¢titivc ndvnntage in ew rcm or fl�tum seliciwlions aid connects. In nAdilion to this signed aff)davit, the confronter /vendor must provide the following: 1 . NI documents produced ns a resadt of the work completed in the post or currently being avorkeA on Tor the above- menfioneA p feet; and. -. Indicate if the in{ nnation 1>roduceA was obtN ned »s n minter of bootie r rcl (in the "sunshine") or Uvougli non- public p>ot in the ••sunshine") conversation fs), mceting(s), documont(s) and/or other means. Faihrr¢ to disclose all I >merinl or having an orb'anizationnl conflict i e of the three cawgories above be identi ficai, may result in the disqu»Ii ficatiori f r 1'wure solicitations nft)linled with the above reForenced projcot(s). 13Y the signmure belmv, the lion (en>I>IoYees, oftiaxrs and/or agents) cerli tins, and hereby discloses, Ihnt, to the best of their knowledge anA belie F, all r¢lovmu facts c ing pnsq present, o entlY 1>lanned interest o nctiviry (t3nm>cial, contnvctaml, orgnnizational. o otherwise)cwhich relates ta> the prrycot identi Fied nbovc has been fad ly discloseA »nd does not pose an organizational conflict. , Zabalt Engine Services Inc. Company Name QsQ �_ gnnture Sandra M. Sabatiar -Secretary Print Nmne wiPi Ti118 S[nte of Florida County a>f Duval __ The foregoing instrument wns acknowletlged before me by n oF�� physicnl pres¢nce or O onlin¢ nolarizalion, ice this 29th d y f ,) _ @__ Unoplh ), �022 (yenr), by S d a M Saballer (ntimt of person ackl I db b). fj _ F`+'^�° 4t, TIFFANyM FOX �-��r�����r6� 7C P _ —_— �®��ir,yY� Comrmsalon»G6282ta5 (S gnmu ea�f lNol 1 Ile Stat fflo 9da) rP EXpirec F»Wuary 8, 3a23 .� �1-�'L�rysi eweln..,ewarwon�lt. Yype, or Stamp C min+s onul Name of Nmary Public) P¢rsonally Known OR Produced Idemificntion 'Type of lAentif icn[im> Produced i(•AQ? co ,ter c�,.,�cy Pmcumn>ant Sorvicos oNlslcui RORM 1 O— V EN UOR DECLARATION S"CATRMENT ROARO OF COUNI'V CONI NIIRSIONF_RS Collin' C.oan>ty Govenunem Corn Pies Naples, Florida 34112 Uenr Cmnmiasloners: The undersigned, as Ven<Inr declares that rids response i ode wi[hnm c nection o angement wi[h nnY other person a al this propoxxl is in every respect 1'nir and mode in Sood (kith, with<nu collusion or fraud. The Vendor hereby decinrestthc i tstructions. Ptnchaae mtler teens nail conditions. requirements, >uxl speci ficm im>s/scope of work of this solicitation hove been ('uIIY examined nail accepce<I. The Ventlor agrees, if this solicihuion subminal i accepted, toe cute a Collier County documnrt for the purpose of establishing a formal enntmcdml relationship 1 ctween the firm and Collier County, for the perfnnnence of all �equirnnents to which the solicitation pertains. The vendor stxta^s tltnt the submitted is based upon the documents listed bl' the ahnve rcfn'enced Solicitation. Farther. the vcnalm' agrees that If mvarale<t n con tree[ for these gootls uul/m• services, [he vendor >vill eel be eligible en cum Pete, snbm it n proposal, l>e nwaralc[I, or perform ns n snb- vendnr for nnY iL taro nssoein[eA with worla that is n r'esolt of tl>is mvo riled eon tree t. IN WITNESS Wli BI2EOP, WF: have hereunto subscribe[i our names m> lh is 2;th day of_ Jane __. 2022in. IhC County of Duval _ n U>n State Of Floritla FirnYs Legal 2abatl Engine Services. Inc. Name; Address: 4612 Hiahwav Avnnnw City, State, 'Y_ip Code: Florida eertireate of Authority Document Number FedCral Tnx Idmnificatiott Nu nbe rCCR fl or CAGE Code Only if Grant F<Inded Jackaonvilla, FL 32264 69-1889D1 T¢lephonc: t-600-366-1323 / 904�364-4505 Email: bitlaWzabatLcom Signature by: ("Typed nail rit[en) Ti[Ic: C'AO Atldil tonal Cmttact In Pormnlims Send payments to: SAME AS ABOVE (required if difTm'ent ConaPany nainu uxud As pnyae ti'om above) Contnct name: 'Title: Address: City, State, LIP TelNhone: Em AiI: O PHee serNelnK Collier SAME AS ABOVE -All calls/orders will Como out of lbe Jacl<xonville OHtce Coun ry to pincc orderx ,_ (required if differem from above) Contact nnmr. Tiue: Address: City, Stale, ZIP Telephon9: Email: Secondary Contsul F r Edwin tb iS Solicitation: Email; salesG Pbone: 9093 rACs coZCe�r co��..,�.ty PracuremGnl SSrvices OiWsbn FORM II-IMMIC:RATION AFFIUAVL"f CERTIF[C:AT[ON 'Phis Affidavit is required and should be signed, notarized by a aothorized principnl of the firm m>d submitted with formal solicitation su bn)luals. Furtlxr, Vendors x e requirc<I w be corolla<I in the E-verify grog+"aln, and provide acceptable evidatce nr their enrollment xl the times of the submission of the Vendou's bid. Accptable evidence consists ofn cvVY of the properly completed F: Verify ConA>any I>rofile page or n copy of the folly executed H-Verify Memorandum of lJndcrstanding 1'or the wmpmty which will be produced a[ [he thne of the submission of the Vendor's bid or within Rvc (5) dny of the County's Notice of lieeommm�tl Award. F 1R' 'CCII'fC THIS AI"'IUA\ 1'1' 1'1 PION U Sli IT WITH OR`S 2 O A U 1 OF LM1I [HL Vl. )OR RESPONSIVE. ' Collier County will not intentionally a rd Couny cmnivets to any Vendor who knowh+gly em VloYs a authorized alien wm'kw's, c sliLLning n violation of the empleymenl Provision contained in 8 U.SC. Section 1324'a(e) Section 2�4A(c) of the Immigration and Nutionnlib Acl ("INA"). Collier County may c Sider the wnpleymenl by any Vendor of unautbnrizeA aliens a violation of Section 294A (e) of the INA. Such Violalirna by the recil>icnt of the limploymeni Provisions contained in Section 294A (el of the INA shill by grounds for unilateral terminmion of the contract by C'olltor Clvunly. ,. - _ Vendor attests that they are fully cmnplitOtt with nll xPpllcabie immigration laws lsPeci lioallY to the I9RC Inanigrntion Act and subsequent Ameodnaent(s)) a it is f nd in c wi 1 he � cots set fn�M i> Flori<In nnec �SaaR 095. and agrees m cmnPly <vith the provisions of 2he�Memo nndw of lh>dvrsa.nding with E-verify and to P+'vvidv proof oP en ml6nem i t The F.mpbyment EligihllilY Ved ficalion System (6: Vcri l'Y )� operated by the UCParnnent of Homelnnd Security in 1>mtnerahip >vith the Social Securely Admin isamtim> at the tin>c of submission of the vendor's 1>roVosal/bitl. - Znbe1[ Enolne Services. Inc Company Namo .. Igna are Santlra M. Sabatiar -Secretary . Print Nnnte hrld Title Stntc of Floritla County of Duval __ The foregoing i+su'ument w nck nowledgu<f before me by memts nl"yN {�hysicnl presanev or O online nn[ari atida, � _ ns this 27th tlay of_, Junes (moon[), 2G22 (year). by Sandra M. Sabatier (i>ame of Perswt acknowletlging). w+^✓arm TIFFANY M. FOX Gomml>ebn N GG 292t85 �pp���.,qq�, �.'�T>r>" FeOruary 6. 2023 �E..uiras >av 6t 1a+nrawrxAa l� ParsonallY Kno.an OR Producc<1 Idemilicntion ��YI>e ol'Itlenti tication pra>duttd w - Stale of Ploridx) rA0 Company lD Numbor: t9t ]O Cliont Company 10 Number: 809900 Approved by: Employer Zabetl En9(ne Services Inc ame (Please Type or PrinQ illy �_ Nf fGh//9Et SM r39T/EyZ �%l E5 /DEwT ignature Date //// E-Va Hy Employer Agon NCVCLES Name (Please Typa or Print) Itle Kelly J Lang Signature 'i Date Elaclronlcally slgnetl � 09/26/20iA Department oT Homeland Security —(Verification �Nia.ion Name (Please Type or Print) itle �'. USCIS Vetlficallon Division I Sig^store Data Electronically Signatl t0/2'I/20 t4 Pag¢ 2t of 26 E-Verify MOU rpr Employers Using a Web Services E-Vnrfy Employer Aganr Revision Oare n6/ntH3 ' _ _ ___ �%lf3 --.. R� z rn w o V D7 � w � N N Z co m � O H W � Z O Cn (p 4�'J O LL ¢ Q O Z G1 W 2� Z cN-a �� W mod.. W J O C/J y A i ¢ LL W O W C S d d N W Q w c m� � E Z ii .n w' o W c x Y O � �� O W t6 .nR. �R. N > �! CI CO G LL LL G LL 0 N H J W W 1 < —Qi r:a� ; 7 § / § _ $ § � § � \ � i $ $ e \ k a . § ) % a \ \ } � \ $ \ } k / 2 k / } � _ o / ƒ \ § _ / % & 2 e & m / _ / � \ \ 3 k \ \ \ k ) A ) k k \ \ \ k � i } ; ) ! adr N N N v !O O_ O_ O � �i W � � �[a i+a oho M M eN') Z M � � � N i LL i IJi � 7 LL � � LPL W O O O Q Q 0 Q R Q N W X ¢ J � Q J O Q � �I A J U' � W_ C7 p W_ C:J � jai U_' � �) %' � = Y H 2 N �' H x to d rn 2 (n m 'C E Q Y � Q Y � �c Y � O o N 3 N U d � N U d CQ� CNp U a � N U � d O O O O tl' � �--' (A V � � �/J R � I- K V � � O� N N N G � A0 E LL LL LL LL LL LL LL LL LL LL W LL LL LL LL W LL 2 2 d 2 d ¢�. pp W W 0 � � O (�] W � � 0 O O � � 0 O 0 O p_ 1 d 2 2 6 d d 2 d d d d d d d R d .5 .5 .5 .� � � E � � E � � � � � E E � E � E E 5 5 ss� 5 5 s ss� s > > 5s� s s 5 s � s s- 5 s s s 6 � � K � � 6 � � K K K K F 1- ti 1- I-- 0 0 0 0 0 0 0 0 o g o 0 0 0 o g o 0 0 0 � � o o � d d 1 d d d d LL d d d d d d 6 R d d W W W W W W W W W W W W W W W W W W W W W W W W �K! �K.I y W' K Jd' dJ' JK d' JK dJ JK dJ' � K d' K �d'1 d'J LL' d' JK �! .K1 K 4 ¢ a 6 Q_ ¢_ ¢_ G_ � ¢_ ¢_ ¢_ ¢_ � G_ Q Q_ Q_ ¢_ � Q_ Q_ ¢ ¢_ ¢ 6_ 7 c Z Z Q Z Z � Q Q Z ¢ zZ ZZ ZZ Z Z Z Z Z Z Z 2 Z Z Z Z Z 4 6 6 6 < Q 4 6 6 6 Q 6 4 6 6 6 Q 4 6 Q Q 1 1 1 I I I 1 I I 1 1 1 i 1 1 I 1 I 1 I 1 I I 1 1 I R 2 �, m ti _� e � � 9 � � S S � 8 � � � � a � � � � � � � � � a � c � c � a � � � � � a a, 0 0 � o o a � � o o � o � o 0 o a S �$ o � g y A C:9G � � w w O O � 2 d 6 c c ,� .� .� S S S a � w w ¢ ¢ � z Zz z 4 6 Q I I I (�_ ui y 7/20/22, 8:54 AM aunbiz.org - Flontla Department of Stale OIV IaION OF CORPORATIO N9 �' JSYI10 `I UJ ` — - — nn ?i/Jr �tr.J .;ro« �j P7n�7drt svri/r(/e Previous on List Next on List Return to List Fictl[loua Name SearcFl Fjljpg History � Submit Fictitious Name Detail Flctltious Name ZABATT POWER SYSTEMS INC. Filing Information Registration Number G09000t6010t Statue ACTIVE Filed Data 09/28M2008 Expiration Date t2/3t/2024 Currant owners 1 County MULTIPLE Total Pages 3 Evanta Fllad 2 FEI/EIN Number 69-'18892Tt Ma11Ing Address 46t2 HIGHWAY AYE. JACK$ONVILLE, FL 32254 Owner Information ZABATT ENGINE SERVICES, INC. 4612 HIGHWAY AYE. JACKSONVILLE, FL 32254 FEI/EIN Number: 89-t 8892T1 Document Number: Bt 66t4 Documentimages ��� O9/29/20D9 -- Fictitious Nama F'1'nq I •` I g � View Image In PDF format i g Viaw Image In PDF format previous on List Next on List Return to List Ficlitlous Name Searcb Filing History Submit i.i�... e. n.-„��,i�,m„-�:��mm. n.�.�in��. �,,, ,,.�.�...n..��,. �%tp dcasUnbiz,org/actlpla/Flcidataxe4ac[ion=DETREGBdocnum=G09000'IBOtOt Brtlocnum=G04358900085 �/� Stag_ of Flo�zda Deyayetnrent of State I certify fi-am the rceor<Is of this ul�lice that ZABATT L:NCrINF Si3RVICb:S, INC. is a corporation organized antler [he ]aws of the Sfafe of�Plorida, fTlcal on May I , t 979. The document ntunbcr of tliis co+-poraTion is 616614. ' I further certify [hat said corliorafion has paid all fees clue This office throe mh December 31, 21122- that its most roceut annual reporVuni Form business rclxl ri was filed on .Tanuary 28, 2022, tntd that its status is active. i further certify [hat said corporation has not filed Articles of .Dissolution �'Ys �.t, ,� � [Ay z a - q.' �,. ��JO M.Z:..t+P� .;1: �;: r• Gh•esr uar/er n �• hoar/ mu/ A+e Grcar Sea/ nJ'the Stale n/'F/nr/Aa ref Ta//ahnsxee, flee Cnp/Ni/, /hlr /he Twe»/y-erghDi r/rry n/'Jm+nrrry, �� 2IJ22 ,:�j �';! S�c�^�'_ T-nddnq Nvm 4er: qd 1208G331CC "Pu uthentim,to this certiflcnte,rixil the rollowhrp sitaenter th ix number, .,0�1 14en follmv the inxtructiuns dispinyctl. httPs://aerv�uossnnbim.erg/FilinYa/<lurNamteOlStntnx/Cm�tiacntcAuthe�.: �. n i i.u= �, I i ,� � ,� i' i 1 ., JIGS HI CRAIiL 5 AT;nR I {61 afiWA`{ AV EAE f 1� I�{�. � I• it � i JACK90NVZLL% '.PL i22$4 { 1 .. 1'. .. � f�l I 1 I { i I 1 I � i I E. }J� :h,t °{r� 61T"Y OFIPEMBR;OKE PINES � I 'I Ii� f�t '" BOt CITY CENTER WAV. L.BTR'3TH FLOOR LOCAL BUSINESS TAX {F.tECE1PT . i?EMBR�KE'.PINES.FL 3Cj0251 li: �t_; - � 1 O O 1� O tl i §41P yC �B��•R�341 �QaQ} �,E N ) 7 y/ Eyp Y • T N I: � 77pp ryry�y I � • I 3 14�R�Kp �:� I ME �., T i G S 9 9AO Z 3' V0Y1CR SYSTEMS Iaa Gli b i (r £�I oy'j�� YCj 3 1 h 9 a ha� � �T! } 6 1P< A / RQX 1 02'J ii yy Y b 1 d i lf9 P�P1*. $ti Fi '. E iHt fit {a¢b F 'J i .{ ' i jl 5 n85 CR OCNL'RA¢O fi I\iii [ O i llI9 R C62 P � G ;. 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W-9:le.,v"np:aRv O FORM 2-CON'PRAC't'OR•SKF,V PERSONNELASSIGNED'1'01'HE PROJECT 'I'a mixml Wcll 25 Generator RePlxeement Bitl Nu. 22-8009 - N a�ne� Zabatt Engine Servlcea. Inc. 1'orsu trial Cateuury Cunstnwtimt Superintenden<: OennY Almazan l 'i: Project Manager: Paul Abernathy '�` di �f'i. is !I :lid i; ; r Construct/on Sollclfat/on Ooc rev 04152022 - ;. !_f.: f.l 1. FORM3-MATERIAL MANUFAC CURERS 'PHIS FOIiM1I MUS'P RE COMPLETED OR 61D MAY 6E DEEMED NON -RESPONSIVE All Ritlders shall confirm by signutu rc ihnt they will provitic the manufncmrcrs n ssl mnterinls outlined in this Bid speciflentla>n s, including compliance with 1=lorida Statute 25520 to provide lumbeq timber nntl other forest products pl'oduced and tnnnufactured in the State of Pluri<In ns long as lhC pricq fitness and <loalib me equal. Execp[ions (when equnis ceptable) may be requasteai by compieU»g the Nlatcrinl Manufacturer I:xcaptim, List 1>eiow. if fl caption for n mflnufactm-er and/or material is proposed and listed below and is not approved by Engi nett/Pr jeer Manflgeq Bidder shag ftrnish the manuf,ctura� named in the sPeciticntion. Accepmncc oYthis f rm does not constitute accepinncc oflnatcrinl proposed m, this list. Complete and sign section A (>Ci R. Section A (Acceptance of all menu fachtres xnd materials in Bid specifcntions) - on bchnlf of my firm, 1 confirm Ihnt we will list all n,anufxcturers and m¢terixls ns speci tically outlined ib the Bid specifications. � - Co�i mrf�-�ZahnLL£r,a'ne Services. Inc _.____ _, i,�i_. ;:;`, Signntaire: Section 6 (Exception requested to Bid specifications manufnctu rers ¢nd mmcriflls) i �.XCI'°P'fION bl A'1' ��RIA C-XCl'P'1'ION MANL)PACTURER i STM Series Double wall 90009a1 cylindrical Slmplax tliasel tank - UL2065 2. 3. 4. s. Please h,sert fldditionnl pages as necessm'y. p. Construction So/icitatlon Opt rev 04f52022 r (l'A(> �' FORM 4 -LIST OF MAJOR SUBCONTRACTORS THIS POIiM MUS"f 6F. G'OMPLE"f FU OR BIU MAY R[: UC•. F.61GU NON-RF SPON4IVE: 9'he un Aersigned stales that the f Ilowing is n Iist of the proposed subcontractors fw� U,o m jor caegories outlined in tl,e Yenalirements nr m¢ Bm apeoiroAlioaa. The undersigned Acknowledges its responvibilily 1'or ensuring IhAt the Subconnaclors for tl,e major categories IisteA here h, Arc •'quAlitied" (As defined in OMinm,cc 201 ]-O8 And Section 15 of Instructions In Bidders) And meet all legal rcnuirem¢nts Applicable m and necessitated by the Cmmz,ct Documents, i,cluding, bw not limited m proper licensor, certiRcations, registrvtions and i rage. The Owner r s the right u, disnuAlify any Bidder who nclndax non-complinnt or non-qufllifietl Subcomrflctors in its bid ofte �.ri'urU,cr, the C>,w,nr nmy ttirect the SugcCSsfuL Bidder [o remove/replace Any Subcanlrflnor, nt no ndditionul cost to C>,vncr, which is founA to be non-crnnpllgj,iwitF this requirement either before or otter the issuance of the Award of Com reef by Owner. fAttneh�additional sliaeis tir needed). Fanher, the undersigned ncknowiedgos nntl Agrees lhAt Proln PtlY aR¢r the Award of Contrncq_ nntl ii, ordanca with the renuiremems of she Cignlrflct Oocummrts, the Succ ss}ld Bitldcr shflll identify Ail Subconjreetw!s If intends to use on the R�oJoct. "I'he undersignM favther agrcos that All SubcontrncMcs suhsoquontly identified"Poi any portion of wrn�k on this Project must be nuvlitied as noted Abov¢. Major CAkegory of Work Subconn'aclor m,d Address I. Fleclricnl 2. Mechanical B&B Mechanical Contractors - 11 O WerwlcN Hilts Or., Naples. Ftr 3. li VAC B&B MacM1enicel Contrectore - t 1D Warwick Hills Uc, Na ias, FL- 4. gito Wnrk Sims Crena- 1901 Benchmark Avanca Forth era FL 33905 5. Identify other subconlrnClors Universal Faal Services -0218 Easl 141h Avanve, Tampa. Flr that represent more 1M1m, 10'M of pri a or that affxct ihC YiticAl ath of the schedule } i C Construction Sollc/tat/on Ooc rev 04452022 - FORM 3 -STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MOS'P HE COMPLETF.O OR l3ID MAY BE DE F_M ED NON-R F.SPONSIV F./NON- RESPONSIBLE. 'rhe Bidder is required provide Live (5) Project references. suited below, oT'what work of sim filar magnitude: completed within the last irve ($) years is a,judge o£ its experience. skill and business stsnding and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Flra aptl EMS Facllily Metro Elac[nc__ (p oJect name) hit' Ject owner) 338 Trice Lana, Crawfortiville, FL 3232] 338 nice Lana. Crawfortivilla, FL 3232T (Protect IocmimO (O.vnel^s address) Supply t50kW diesel 9anarator with StO gallon tank _Donnie Wallace _ _ (Vr JCC'( ACSarIPt1011) (Own01 5 COIIIflCt VarSOn) (LixtC) , Fsluuafy zot 9 $53.3R4 QO.............. (I>ro}ect suxrl/emnVletiw> dales) (conoacl vnluej 2. _Town of Ball6air (plrojecf name) _S5D=222-2804 tlonnie�matroalaclricsarvicas.com (P6onv-) (email) Town of_Balieafr fP�"pied owner)-- Ballaair, FL 80t Ponca Da Laon Blvd.. Belleau, FL 33T56 (protect lornion) (Owner's address) ' Install 200kW_generator antl 800 amp ATS Stefan Massol (pr Jeet description) (Owner's contitcl Pet'son) (title) _MeY 2019 _ $'143:943.00 T_2]_58B-3]89 ___ amassal�townofballealcnet (Protect startYcotn Plmion dntex) (convoct value) (i+Iona) (et ai❑ 3. OCPS Elementary School SW-4 Oran9a County Public Schools - (nraJect name) (protect owner) Orann�a Coun[�_ 9131 Taborrieltl Avanua, Orlentlo. FL 32838 (Vr jeer location) (Owner's address) Supply BOkW dlesal w/ SOD gallon sub -base tank Jim Isaacs (Protect descril>tion) fOwner'3 contnm I>mson) (liYle) '. MaY 20t9 $38.TT2.00 32t-632-]169 sonkraft.ua (Pr Ject sxarVcompletion Aatex) (contract value) (Phone) (emniq Consh'uct/on SOOcltation Ooc rev 04 t52022 - CAO FORMS-S'1'ATL•ME)V9'OF EXPERIENCE OF pIUDER 4. Ci[y of JacKsonvllle lP jed name) JdGkaOnvilla, FL (Vmject locationl Provide and install 300kW 8 t800 gallon tank (n iect ae,crhuion) Mareh 2021 g 19].]t].00 (prgject comnletimt ante) (conu�act value) 5. City of Minnaole (project name) Minnaole, FL (pr jwt locatiwq _ -- - City of Jackaonvllle l Projem owner) 4]2] Lannia Road. Jacksonville. FL 322b4 (Owns,"s nddress) (Owner's contact person)-�--�([itlo) 909-630-541b rvpaon�coj.net (Phm,c 1. _......._ (etnaiq City of Minnaole (nlrojar=r owner) 800 North US HigbwaY 2]. Minnaole, FL 34]15 _ (Owner's address) 5 1 & I fall 400kW 8 twP 800 a n ATS's Fred Millar ._ - <Vt"Fleet dcscriVtion) (Ownm s comact Person) (title) - APri12021 $4t2,]43.00 �52=389-3598 _.-_ tmiilar�minnaola.us ____ (Prglect comPleU<A, ante) �-- (contruc� vuluc)- 1phonej (emaip 8l2]t2022�!� j Construction So/icita(!on Ooc rev 04152022 F:AO FORM 6 -TRENCH SAFETY ACT Tk115 FORM MpS'f RE CO D9 Pl. h': 1'EO OR RIO NIAV EE nEENI Et) NON-Ii ESPONSiVE. 0lddcr neknowledges thsr included hl the various items of the bid and in the Total bid Pricc a osts for complying wiW the Plorids Trench Snfely Acl (90-96, Lmvs n1'F'loridn) eFfedive October 1, 1990. The 0ltltler liu4her idenlifcs [he cost to be summarized below: 'M1'mroM1 Sar'clY Units pf l.h+il th+il Extended (" S Mensurc Nlcuxuro (OuanCly) Cho y f [)esc'nlionl Q.1'.9Y) 1. 2. 3. 4. 5. "fO'1'AL Signatm�e: Dale: erz�Jzozz i:. construction sormrrerron Doc rev oaiszoza CAc) ' FORM>-BLD BOND lii. ': TH[S FORM MUST BE COMPLETED Oli BID D7AY 6E UEEMED NON-RESPONSIVEMON- RESPONISRL.E KNOW AI_L M£N BV '1'Ii ESE PI2£SITITS. that zaemt eegme ae.v Ihercin nRer cviled� the Principal) � and rrnvelen ce>uenya surety eomunnym Amance (he culled the SBrety), a corporatimt eha'tered mld i sting under the laws ofthe State o1' normn w.im its Vrineipvl offices in the city of aecxwn.,xt¢ antl authm�ir¢d to do business i, the Stgtc of Fnnau are held and firndy bound unm me CoxlerCmnly Boera or Counav Con ®alounrn (11¢ i1RCr cfllled lile CJWller/, In lhf fall alfljVFC 5t1r1, of a�_oe ea ramr ctullnrs ($sw er nm comrn Jgootl and lvwful money of dhe United $talcs of America, to ho paid upon denuutd of [he O,»ter, to which VBY^,ent well and irady to bo made, the R'ihcil>al and the Sw'ery bb,d thnnsv--Ives, their heirs, and csecu[ors" amninistrntors, and assigns, jo in[ly and severally and Firmly by these presents. Whereas, the Yrincil>al is about to submit, or has submitted to th¢ Owner, a 6iA for furnishing all labor, mat¢nals, equipment cud htctdemals n¢cessmy to Iimlish, Install, and filly complet¢ the Wnrla ou the Project known as BW ;No. 22->9H2—"1'amimni �Vc1125 G¢netrotor Replacem¢nt. - NOW.'1'H GR£F'OR£, if the Uamaer shall avoept the Bld of the- PRINCIPAL and the PRINCIPAL shall corer into dtc 'equired AKreement with the Owner and withha t¢n days alter the der¢ of a aarilten Notice of Award in attordiitcc with the leans pf such Bitl, and giv such bond or bonds ii ,Door of I OO % d>e total Contract Amoont as speciRetl in nc� 6iddinK Documents nr Contract Oocum¢nts widt Kooal and sufficient sw�ery for the faithfad V erfa>rmance ofthe. Agre¢ntagt and fur the prony>l payn>en[ oflabor_ otatet'ials and supplies ftvnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to m,tcr into such Abreement or to b'ive such bond or bonds, antl dellvm'to Owner fhe,�Ggtiired certificates of insurene<, iflhe PR1NCIPAL shall pay to the OBI_ICiFF the fixed smn of$ sss or tea con eat notch aliowe as liquidated damflges, and not as a pennlb. as provided in m¢ Bidding DocumenK, men this obligation shvlLbq null and void, otherwise In remain in f ill tixec and efTect. - 1N TES"I9MONY Thcr¢o f, the Principal and Sorely have cauxcd mese Vresenis to be duly signed and sealed this zru. daY of tune . 2Uze - �- L. Counu Appoii Travelers Casualty and Surety Company oT America TRAVELERST Travelers Casualty and Surety Company St. Paul Fire and Marina Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THE8E PRESENTS: That Travalara Casually antl Surety Company of America. Traval0ra Casually antl Surely Company, anO SL PaUI FVc antl Marine Insmanca Company wrporalions tluly Organized untla/ [M1e lewa of lFa Stal< of ComiaGlcul (herein collecllyely calletl IM1e "Colnpanlas"), antl IM1af the Companies Oo hereby make, conelllulc antl appoint Kimberly L Bass of JACKSONVILLE Florltla llralr INB and lawful AitOmay(a)-In-Feel to alga. Vla. seal antl acknovAetlga any and ell bonds, cognlzancea, contllllonal untlert9kings antl o1M1er writings obligatory In the velum lM1ereof on behalf of the Companies In lireif lwslness of quaranleelnq IM1e gtlalily Of persons, guaranteeing the partbrmance of controcla antl executing ar guaranteeing bontla antl mitlarlakln9a requbetl o parmlllatl In any actions or proceedbtga allowctl by law. IN WITNESS WHEREOF, IM1e Companies have causetl thla Insaument 10 be signatl, and their corporate seals to ba harelo aHlzatl. thla S1 st tlay o1 April. 202t �CW � ���� �,�� _ Stale of OonnaGlaul Y//���///J Clly clMenford sa. BY, Robert L�fr10Y Vl�realtlenl On tMs Iha 2t at tlay of April. 202t. befom ma personally eppearetl Robert L. Raney, who acknowledged himaelb IO be the Sanlor Vice Presitlenl of eacfi of the Cempanies, anC that M1e, saga, being auUiorized to d4 culatl the forcgeing nalrumant Ior the purposes therein conlaihad by signing on beM1alf of saltl Companies by M1lmsell as a duly authorizetl oMcan IN WITNESS WHEREOF, 1 M1ereunl0 eel my M1antl antl o111cia1 seal. dt[ry J My Commlesian expires the 90th tlay or June. 2028 � �La3 /%' /GGY...viE "� �tl AnnH P. Nowlk. Notary PVb11,0 TM1Is Power of Attorney Is granletl mitler antl by IM1e' authodly of the follawing resolatlons adoplod by the Boartls of Olraclore Of eacfi of the Companlea, wMclr rasolutiona are now In lull roree snd alfacl, raatling as follows. RESOLVED^ IM1aI the Chetrmaq Ue PreaitlanL any Vlce GM1alrman, any EXecutive Vlee President, an ^Sanlor Vlee Presltlenq anay. Vice Praaltlent, a y 3aeond Vice Pra5I0an1, Iha Treasurer, any Assislanl Treasumq [ha Corpom[a Secretary or y Aaslslan� SePalaryl me¢ ppolht Attorneys -In -Fact and Agents to act Ior antl on bafialf of IM1e Company and may Slue such appointee suGa auNorlly as his or hei cadlllcala of authbrlly may Hreac iba to aH9n wltM1 tba Companyy'a name vntl seal with [ba Company's sal bonds. r cogoNzencas, conVacta of Indemnity, nd otM1er wriUnga obllp Tory In then Wra of a bontl, c gnlzanca, gntlitional untlertaking. antl any of said Hicera or [M1e Boertl pI Oiraclars sal any tLna may a any aucM1 appointee antl revoke [be pow r given Mm ar M1er: antl it Is ' FURTHER RE3OLVE0. that Iha Chairmen, the Praaltlanq any Vice GM1alrman. anyo ExaeutNe Vice Preaitlenl. anyO Sanloi Vlce. Presldenl or any Vica Presltlenl may tlale8ale ell or any part of the fora8ping autM1orily to one r m re olliwrs or employees ( [fits Company, provided that eacfi wch dalagation fa In wrlgng end a copy tM1araor is gletl In the Office of Iha Secretary; aoiad ft Is FURTHER RESOLVEq that any bond, rawgnizance. contract of Indemnity, o wnUn9 ob119alory in Iha nature oM1 a bond, cognizance, ontllllonal undertaking shall be Yalld and binding upon the Company when (a)r slgwrl by IM1e Prasldanq any Vlca Chairman, army Exacotive VICC Pr9eldenl, any Sanlor Vlce Prealtlant or any Vle¢ President, an g Secontl Vice Praebanf, Iha Treasurer, any Asalslent TroasweC [M1e Corporate Sacmtery o any A981s1an1 Secretary and duly agestetl antl salad with 1M1a Company's seal by a Secretary or Assislanl Seve[ary: (b) tlulyo axaculatl r(untlar seal if r Opulratl) boy o or more Attorneys -in -Fact antl Agents purauanl to Ifia power praspribed m ms or bar certificate r their mrggcatas of outhority by one r e Company otticera pureuan[ to o w glen dalegeOon o1 aulM1or{ry; antl I[ Is' FV RTHER RESOLVED, that the a:g nelw® e/ oath a/.Iha following a%icara: Praaitlent, nny Executive Vlna Praeltlenl, any Senior Vica Presldenl. any Vlce PresldanL any Assistant Vice Presldenh any Secretary, any Assistant Secretary, and lfia seal Of [M1e Company may be aPoxetl by facelmlle to any Powm of Allorn®y or to any cartigcela mlating [harelo appointing Resident Vice Presidents, Ra Bidant Asalslent Sacretad0s� otl-Attorneys-In- Fecl for pwpoa a only of executing and aueating bantls and undartaki Sfls and oTar wri ingrs obligatory In Iha velum thereof, and any iuch Power of Al[Omay Or wrllHcate bearing such (ac9lmila 9lgoalure or fec8imila Heal M1all ba valltl antltbl tling Vpan the Company and 9ny SVEh powor so axacutetl and cerUfled by eacfi facsimile signature antl lacalmila seal shall ba vegtl antl bintling on the Company In the Nture with respect l0 any bond or undaratanding to whlah g la attached. I. K¢aln E. Hugfias, the untlaralgnetl, Assislanl 8avatary of eaOM1 of Iha Companies, da M1erehy rtlly that the above "eeitl foregoing is a IrYa antl crrtacl copy of !ha POWer a( Allomay eXeWtad by said Companlea. WIIICM1 ramelna In (hll IOrfx and agaci. Oetetl Ihla 2]tF day of Juna 5022 �alrae ��� o� �o� =K9v E Hughes. Assam trLtllen `Q I Secretary Td Vaf/ry the authanNclty o/ [h/s Power ofAKomey p/eas6 ca// us of Z-BOO-42Y-3880. P/ease refer to the abo Va-nanrad AKomcy(sJ-/n-Fact and [ho Jala//f o/the bond ['o wh/ch th/s PowarofAKorn¢y Js attached.. FORMS-[NSURANCC ANDI30NUING REiQUIREMEN'I'K ' 'the Venda shell at its o expense, carry and maintain i ure,ce c rase from responsible c n,panies duly authorized to do busb,ess invthe Smw of i'loriAa ns set forth in FORM 8 of this solicitation. The Vendor shall procure And mai ntmin PrOVeny insurance upon the entire 1>ro)ect, il'req[,ire<I, to the f dl insurahlH value of the scope Of work. The CovntY eul the Vendw� . against each other And the Counly's sepe�atc Vendors. Contractors, Uesign Consultanq Subconuacrora, ngrnts-vmul cngaloyecs ofeach and all of them, all dmneges covered by property insurance NroviAed herein. except such rights as Way may hove l0 the proceeds of such insurance. The Vendor and County shill, whero aprympriate, require simile' waivers of subrogation tix>m the County's separnae Vendors, Deaign Consultants anA Subcontractors and shall require each of [hem to include similar waivers in their conurac[s. Collim� County shall be resPonsibia fin' PurchflsinK flad n,au,tnb,ing its o,an liability hsurnncc. Certificates iAsne<I as a I' Sall( ol'the s\\vnfd orth is solicitation nn,Sl i<lenti Fy "POP ally and all work Vcr formed on behalf of Collier County", or, the specific solicimtion naunber and title. The General Liability Policy q'ovided by Vendor to n act the requirements of lh is solicitation shell name Collier COYmy, 1=10ridi,, tl; Fin A<Id ltiOnfll Illtia,rC<I ales 10 IhC OpafatiOnS Of VCII(IOf nndar dli5 aOhCilfll1011 flad shall Contain A scverability of inraresrs provisions. l'he Certificetc 1-folder shHll be named fls Collier County AOnr<I nl' County Cmnmissionm�s, OR, Uoerd of County Commissioners in Collier County, OR Collier County Government, OR Collier County. l'be Certificates of Insu[nnae nvsl stale fha COnh'net Number, or I>rnJect Number, o� specific Prolcct tlascril>lion, Or must rend: Por any and all wm�k pert need on behalf of Collier County. The amounts and types of hvsurm, overage shall confom, to them requirements set forth in FORM 8 with the use Of Insurance Services Offices (ISO) forms an(1 enaorsen\ents1 ntnaheir equivalents. If Vendor has any self- 6svrcd reten[ons or dc<lumihles under tu,y-of fha hebw lisleal n ,in required wverage, Vondor must identify on the Cerli ficnte of In.¢urnnce the na[u\'e And amoun oP s mh scl F-+i xured relentiOna Or deductibles and provide satisfactory evidence of linancinl responsibility i r such obligations. All self -insured retentions or deductibles will be Vendor's sole respnnsi biliq�. C:ovoraKe[g] shall be nvNntninnl without interruption from fha data of conunencemem ol'lhe Work until the date of completion and acceptance oi'the scope of work by fha County or us specified in this solicitation. whichever is longue. The Vendor and/or its inv cc aeries shall provide chirey (30) days written notice to cho County of liolicy oancelintiw, o non -renewal 10, U\aapurl n1'thc i ure,ca c r Lhe Vm,dnr. The Vmxlor shall also nmitj• the County in a like mn oar, within bventY-four (24)+hours nRcr raccip[, of m,y notices of exryira[bn, cancellation,.non- anewal O ,aterial change in covern6c a limits r ved by Vendor hum its i and nothinK contained hereii, shall relieve Vendor of this rayuiremenl w 1>rovitle notice. In the c ant of n each ctim, in dun aggregate limit of any policy [o be Nroviaed IaY Vendor here^under, Vendor shall iuvnedinlcly lake steNs to 6avo the agKa'eKntc limi[reinsMted [o [he f tll extent pern,iued undc-r such po11eY� Should al any times the Vendor nut nmints,in fha insuranoa covemgeLsl required herein, clw County ,nay terminate -the Agreement or at Its sole discretion shall be authorized t0 purchase such envernge[y) and charge the Vendor Wr suoh velvgell purchased. If Vendor It,ils to reintlxarse [hc County For such costs within thirty (30) days oiler demand, the County has the right In Offset ,base costs fi�rnn any amount due Van<lor under this AKreament or any other agreement betvveeu the County n ul V mxior, l'he Covnly shall be under nn obligation m MvchAso such in a \ca, nor shall it he respansib le far the c rngeLcj tau,"chased or the ii wr rnmpeny <> emnpanies used. l'he deeisipP of [he County to purchase . Bch in ura,ve covm'ngcL) shall in no way be cons[nic(lr to be fl waiver of any of its gigh[s n„aer n,H cam,act I>neno,ema. a - Ifffie initial or vnY subumwnfly issued Certificate- of Insurm,oe c.<Nires prior eo A,c com Nlatian of [he seoPo of work, the Vendor shall Furnish ro the County r vat <r ropiacemcm Ccrlificnle(s) Of 6surnncc not later then ten (10) calendar days slier the ex Virn[ion dale on'the certif cote. 1'ailurc of [he Vendor to provide the Cmuny with such l anewal certificates) shall be crosialareal justi lica[lon £or the County to [crminnte avy and all contrnets. C'AG CollierCounty Rlm-idn L)su runce and Bonding 12cquirements Llsn rm)ce /Hood '[ype Require<I Lind[s I. ® Worker's Compensation Snmmmy Limits of Florida Statutes. Chsptcr 440 and all Federal Government 5tabanry 1_im i[s and Requirements Evidence of Workers' Compensation coverage o a Certificate Vf L'xemptian issued by LbC $ta(C Cf 1=10r1<IA IS rCgllll'ed. Ia 11111105 thnl a C PO I'IllCd ns SOIa PfOpl'IalOr511Ipa shall not be required to provide n proof of esem ptinn. An application for exemption err) be obmined online at n)_y:_))>)2,5_fLll's..:nnvbocc �_yi))t/ 2. ®Elnpbyer's Liability $_I,000,000_ inHlc limit per occurrence 3. ®Connnercinl General Bodily I jau'y and Property Omnagc Liability (Occntrcme Form) Pallemed after tfie S_1,000,000_xinHle Ihnil per occurrence. $2,000.000 aBBI'eBate for God 0y InJury current IS0 form Liability and Property IJnnlaBe Liability. 'the Gcnerel AgBregata Lin)II Shall be m)dorsa<i to apply pc project Tbis shn11 nv-ludc Premises and Operations; I n<lepcndem Contractors; Products anA Completed Operations and Comlcactual Liatbility. - 9. ®Indenv)ifirntion 'Ib the I u)xlnuun eztcm permitted by Florida lase, the ContractorYVendor shall <fal'en<I, indemnify and hold harmless Ctallier County, its officers mtd employees from xury xnA all liabilities, dnn)nges, losses and uxts, i)cludinB, boa not lin)ite<I to, l)nble attorneys' teas and paralegals' fees, to tfio extent ceased by [ha neB116enca, rev-kl)cssncss, o nlentim)ally wl'ongful c slue of the Contractor/ Vendor or anyone c nPbyed of atilizeA by the Contractor/Vendor in the perf nnnntt ofthis ABl'aemen. 3. ®Au[onmbile Liability $_I,000,000_ finch Occurrence; 13o<IiIY Injury � ProVortY IJaIn A$C. OwnedMon-owned/Hired: Automobile Ivclude<I G. ® Other inaprmroe ar 0 Wa[ecralT $ ____ Per Occurrence noted: 0 United States Longshoreman's and liarboravorker's Act coverage .shall be maintained where aPVlicabie to the completion of the avork. ,. $_ _ Per Occurranco A4 arilime Coverage (.loner Act) shall be maintained where applicable to tfia completion of the work. $ Per Occurrence O Alrcrnft Liabiliay c rage shall be c rried im limits of Hoc less [han.$3,000,000 each occurrence If applicable to the cotmoledon of the Sewices under IMs A6roement. $ Par oean�re,ee ® Pouvuan $ lAoo,000 Per o«aa'ranoa Professional LinbilitY � Per ch)im 8e in the aggregate Pr Jec[ Professional Liability S..___—.._ Per Occumenco (] Vnlunblc I''npers Insurance $ Pcr Occurencp Cyl)cr Liability $_...__ -Per Occwrrence - (] "1'echnoloBY Grmre K Omissions $ Per Oc<;un-ence - coo �. ®Bid bond Shall be submitted with proposal rosponsc in the fm'm of certifieA funds, cashiers' check or nn irrevocable letter orere<lil, a cash bond pealed wilh the County Clerk, or proposal bond i equal l0 5% of the oost proposal. All checks slmll he metle payable to the Coll'er�Cbunty Board of G'ounty C:onunissioners o a bank or trust c`mpany located in the Stata of 1=loridn ao<I inxured by the Federal o¢posh Insuranc¢ orpur:aioo. 8. ®Performance and For Pr Jcros in ezeess of $200,000, bonds shall be submitted with the executed pnrm¢nt Bomis .>mrtcl by rropnae a b,g n rd, n,a wriuen r r l00%or u,e C.nntraet awara ml, Ibe rnst bomcebq the Prnpusm' Ir ing n v nwwr<I. Tha P¢rFonnnnce and P,p�nu^m Bonds shall be un Acrwritien by n v'etY authorized to Ao buxiness in the Stale of Florida and otherwise accepinble to Owner; provided, however, the surety sha0 be rated n ^A-" ur better ns to general policy holders sling and-Cless- V or higher rating xssto linancinl size category nn<I the a nd ,vquircA shailrnot exceed 5% of ll,e reported policy holders' surplus, all n reported in Ibe most civrenl 6¢sl Kcy Ruling Guide, publish¢d by A.M. Best Company, Inc. of 75 Fulton Streeq New Yoek, New York 10035. e. ® Vendor shall a ore chat all subcontractors comply wiU, the same it requirements that ha is required to cat. 'i'be san,¢ IVentlor shall provide Coanay witl, certiRcmee aF insuvnco m¢etiug dm required insiralice provisions. 1 O. ® Collier County must be name 1 as "AUUI"PION AL INSU RF_B" on the Insuranm CcrtiBcalc for Commerci ai Gm,cral Liability where required. Phis insurm,ca shall be primary nntl n - ontributory with respect Yo any othar ante n,ainlaineA by, or nva,ilnbic for lha benefll uf, the AAdilionnl Insured and the Vendor's policy shall be endorsed accordingly. i 1. ® The Certificate Holder shall be named as Collier County Guard oP County Commissioners, OR. �BoflrJ`of County Commissioners in Collier County. OR Collier Counly Governmenq OR Collier County. 'fhe Ccrtiflcatas of Insurance nmst state the Contract Number, or i>mjncl Number, or speci Fic Rvjact desert piton, or must read: For any m,tl all work performed on behalf of G'ollior G'ounly. 12. ® On all ccrtifiea tes, the CertlBcnte Iloldm• must read: Collier County Bonrd of Commissioners, 3295 q'ominm{Trail Gasl, NUPics, PL 341 12 I3. ® Thirty (30) Unys Cnnecllntien Nof lee required. 14. Collier County shall procure and m intain Builders Risk insurance on all con5lruc[ion protect where it is Aeemad necessary. Such coverage shall be endorsed to cover the intcrosts of Collier County ns well as the CAmractor. Premiums shall be billed to the project rout the Conlrnctol'shall not i vcludc BuilA¢rs Risk premiums in its project pIoposal or project billin¢s. All questions regarding 6nilAer's Risk Usurance will he addressed by the Collier Counly Risk Manngcnwm I>ivision. GCi -- 5/ 16/22 VenAur's Insurance Aeeepta nea Dy submission of th¢ bitl Vendor a opts m.d understands the i� prance requirements of these speci t5cadons and thflt the evidence of inaurnbility may be required within five (5) days of then and of this solicitmion. The insurance submitteA must proviAc cavernge Ibe a nvninunn of six (6) months 1}mn the date of award. C:AC) EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Danny Alm azan Paul Abernathy Personnel Cateaory Construction Superintendent Project Manager io Conafmdlon Services A9reamanf. 12022_va�.3i (� . Bond #107567508 EXHIBIT I3-1: PUBLIC PAYMENT BOND ITB# 22-8007 Bond No. Contract No, 22-8007 KNOW ALL MEN BY THESE PRESENTS: That Zabatt Engine Services, Inc. d/b/a/ Zabatt Power Systems, Inc. I as Principal, and Travelers Casualty & Surety Company of America _, as Surety, located at held One Tower Square, 8MS. Hartford, CT 06183-0001 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee In the SUM of Three hundred thousand one hundred and eleven dollars and .55 cents ($ 300,111.55----------- 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 24 1 with Obligee for Tamiami Well 25 Generator Replacement. Its Invitation to Bid No. 22-8007 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 forrnalitle3 connected with the Contract or the changes do not affect Sureties obligation under this Band. The provisions of this bond are subject to the tirne [imitations of Section 255:05(2). In nu 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 12th day of August 2022 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Cortstructlon Servlees Agreement: W22_ver_3t C'A(; Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF R ocAx COUNTY OF tX6Vr PRINCIPAL Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems, Inc. BY: NAME:_ .,c"�Wc-r_ �S ifTrC-'n ITS: pres,dgA+ _ The foregoing instrument was acknowledged before me by means of N Khysical presence or online notarization, this _jam day of �s� 20�, by as �"` - p,res,e+LeA+- Of Zab-Q4% lle ., a pm c , a corporation, on behalf of the c rporation, He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: ULIAMANEWn *0/ * Con�gbn � HH 2TSi2! , (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary Public) NAME: LI i o. a apt �nr.; 11 (Legibly Printed) Notary Public, State of _�:l_ Commission No.: _)4A 9-MA al SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agmernen! [2022_ver 31 i Carla Byers - Witnesses Faith A. Painter STATE OF F1Z `- COUNTY OF vva. Surety: OR Travelers Casualty & Surety Company of America As Attorney in Fact aPuq SUR (Attach Power of Attorney) = p``j , IP i Kimberiy L. Bass, Attorney -in -Fact y q " i HU-1 0, • o CONN.ja (Printed Name) $.d•...•-n� .'NFNIIIIUIS� 501 Riverside Avenue, Suite 1000 Jacksonville, Florida 32202 (Business Address) 904-421-5346 (Telephone Number) The foregoing instrument was acknowledged before me by means of *5h"'ysical presence or &-- online notarization, this IQA day of _ }- 20 by - _ 1-�' ")O' . a of Tvu a corporation, on behalf of the corporate . He/she is personally known to me OR has produced t5vivc.r's ►cease— ,— as identification and did (did not) take an oath. My CommissionExpires: ip�;i`•••. ULbUWIE swarm * * Cwnrdalon 0 HH 276421 Expires Jtry 26, 2M (AFFIX OFFICIAL SEAL) (Signature of Notary Public) Name: L; l;cp— +V_._�K�e:-�V% (Legibly Printed) Notary Public, State of, EL Commission No.: 54 p. 13 Construction Services Agreement: 1202Lver.31 Signature: 1-dwar�'{ Signature: Email: kimberly_bass@ajg.com Email: carla_byers@ajg.com Title: Attorney -In -Fact Title: Client Service Manager 11 Company: Travelers Casualty & Surety Company of Americi Company: Arthur J. Gallagher & Co. Signature: P"c r�r Email: faith—painter@ajg.com Title: Senior Marketing Account Manager Company: Arthur J. Gallagher & Co. Travelers Casualty and Surety Company of America AWTravelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kimberly L Bass of JACKSONVILLE , Florida , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. DownCON ;K State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, !hereunto set my hand and official seal. ra'r a ARY My Commission expires the 30th day of June, 2026 • N-10 •' / r:Ya�oa Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a Mond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 12th day of August , 2022 OfFnA", y Oni F Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT B92: PUBLIC PERFORMANCE BON❑ ITB 22-8007 Bond No. Bond #107567508 Contract No. 22-8007 KNOW ALL MEN BY THESE PRESENTS, That Zabatt Engine Services, Inc. _ d/b/a/ Zabatt Power Systems, Inc. as Principal, and Travelers Casualty & Surety Company of America as Surety, located at One Tower Square, 81VIS, Hartford CT 06183-0001 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida , as Obligee in the surr of Three hundred thousand one hundred and eleven dollars 300 111.55------ ---- -for the payment whereof we Mond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for Tamiami Well 25 Generator Replacement. Invitation to Bid No. 22-8007 in accordance with drawings and SpeCNC2tions. which contract is incorporated by reference and Trade a Part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not 11mited to, all delay damages, whether liquidated or actual, incurred by Dbligeea 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; cthervrise 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 terrrs of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a commDn 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. 1n 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 12th day of August , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 {pion StMCOJOn Services Agreement: [2022—ver.3] Signed, sealed and delivered 7 MOS vo'� PRINCIPAL Zabatt Engine Services, Inc. dlbla Zabatt Power Systems, Inc. ,1' X A BY: Witnesses as to Principal NAME: ITS: aesiJAN - STATE OF fAO-C+&k COUNTY OF _At6 v,,l The foregoing instrument was acknowledged before me by means of L-rhysical presence or ❑ online notarization, this �B3- day of :� , 20.-Xa, by of LR-S c a car oo ration, on behalf of the co oration. ,h.eLs a is personally known to me OR has prod~d as identification and did (did not) take an oath. My Commission Expires: r LILIAAIARIEWTH (Signature of Notary Public) �t;;`.•.�cb * * COM114At411 # M 27b42i Name: L� I : a ��QfF40r� ExphuJ*25,2028 do (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: EL Commission No,: Jig-tjE�y-A 15 , Construction Services Agreement: 12022_ver.3] ATTEST: Witnesses as to Surety I Carta Byers ��if% Pair�i^ Witnesses Faith A. Painter STATE OF h�Xti8 COUNTY OF V`L Qul SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Travelers Casualty & Surety Company of America r C� A09 L!!Af%L As Attorney in Fact •''`{IARW , J': K z'• (Attach Power of Attorney) CONN• _ VS,'',... Kimberly L. Bass, Attorney -In -Fact 3y' N11-1„J 14911+ (Printed Name) 501 Riverside Avenue, Suite 1000 Jacksonville, Florida 32202 (Business Address) 904-421-5346 (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or online notarization, this I� day of 20�2 , by as rs,e" -i n -c- of i corporation, on behalf of the corporatio . Hefshe is rsonally known to me OR has produced Nv Vcrr- as identification and di id not) take an oath. My Commission Expires: yPI. - LILKMAWE SMfM * * Comfl t slm I HN 275421 �'E or rtoe�F Explres July 25, 2= (AFFIX OFFICIAL SEAL) (Signature of Notary Public) (Legibly Printed) Notary Public, State of: EL Commission No.: 16 Construction Services Agreement: [2022_ver.3] Travelers Casualty and Surety Company of America A1111111111111► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kimberly L Bass of JACKSONVILLE , Florida , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 00 Ir '.,SY Aft FiAfTiF'OiiD, CONK sr° Ru ! y9 y State of Connecticut City of Hartford ss. By: Robert L. ReneyLtenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. j "v Hod IN WITNESS WHEREOF, I hereunto set my hand and official seal. Hamm � My Commission expires the 30th day of June, 2026 •r• ¢� fjj °~W Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of D€rectors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached, I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 12th day of August , 2022 C 1 i - llurrac"ri z cau:_ R +i lKevin E. Hughes, Assi tant Secretary to verify the authenticity of this Pager of Attorney, please call us at 1-800-42x-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT B-3: INSURANCE REQUIREMENTS Tha Contractor 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. Tha Contractor shall procure and maintain property insurance upon the entire project, if raq uirad, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the Cou nty's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided harei n, except such rights as they may have to the proceeds of such insu rants. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the Cou nty's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall ba rasponsi ble 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 pertormad on behalf of Collier County", or, the specific solicitation number/contract number and title. The Ganaral Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Flonda, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severs bility of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insu rants 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 Contractor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 ba Contractor's sole responsibility. Covarage(s) 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 Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also notify the County, in a like manner, within twenty-four C24) hours after receipt, of any notices of expiration, cancellation, non -renewal or malarial change in coverage or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the avant of a reduction in the aggregate limit of any policy to ba provided by Contractor harau nder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extant permitted under such policy. Should at any time the Contractor not maintain the insu rants coverages) required herein, the County may term inata the Agreement or at its sole discretion shall be authorized to purchase such covaraga(s) and charge the Contractor for such coverages) purchased. If Contractor fails to reimburse the County for such costs within thirty (30) days after dam and, the County has the right to offset these costs from any amount due tr Construcllon Services Agreement: [2022_ver.3] CAc Contractor under this Agreement or any other agreement between the County and Contractor. Tha County shail be under no obligation to purchase such insurance, nor shall it be responsible for the covaraga(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveraga(s) 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 Contractor shall furnish to the County renewal or replacement Certificates) of Insurance not later than ten (1 O) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the County with such renewal certificates) shall be considered justification for the County to terminate any and all contracts. is Cons[mclion Services Agre¢m¢nt [2022_v¢c3] EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before ma, the undersigned authority, personally appeared being duly sworn, deposes and says: after (t) In accordance with the Contract Documents antl In consideration of $ to be received, ("Contractor') releases and waives for itself and it's subcontractors, material - man, successors end assigns, all claims demands, damages, costs and expenses, whether In contract or in tort, against the Board of County Commisaloners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor end Owner, dated .20 for the period from Yo . This partial waiver and release is conditioned upon payment of the consitlaration described above. It Is not effective until Bald payment is received in paid funds. (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 ba sued or for which a Ilan or a tlemand against any payment bond might be filed, shall b¢ fully sari sflad and paid upon Owner's payment to Contractor. (3) Contractor agrees [o indemnify, defend and save harmless Owner from all damantls or suits, actions, claims of liana or other charges flied or asserted against the Owner arising out of the pertormance by Contractor of the Work covered by this Ralaese antl AfFidavit. (4) This Release and Affidavit Is given in connection with Contractors [monthly/final] Application for Payment No CK I��YCLC9[ lct ITS: DATE: STATE OF COUNTY OF President [Corporate Sea❑ The foregoing instrument was acknowledged before ma by means of O physical presence or � online notarization, this day of 20_, by as of a corporation, on behalf of the corporation. Ha/she is personally known to me OR has produced as identification and did (dltl not) take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: CAO 1a CansVucllon Services A9raemanF. [202�vac3] EXHIBIT O FORM OF CONTRACT APPLICATION FOR PAYMENT Co/liar Count Board of Caunt Commissioners the OWNER or Co!/ier Coun Water -Sewer Owner's Project Mena ar's Name: Bid No. Pro'¢ct No. Coun 's Division Name Purchase Order No. Submitted by Contractor Re resentative: Names Applicatlon Date: Contractor's Names & Address: Payment Application No. Ori anal Contract Time: Ori final Contract Pries: $ Revised Contract Times: Total Chan a Orders to Data: Revised Contract Amount: $ Total Value of Work Completed 8 Stored to Date: $ Retainaga QS %through Insert Date $ Retainaga @ 5 % through [Insert data $ Retainaga � % after Insert data $ L¢ss Retainaga $ Total Earned Less Rataina e Less revious a mant a Percent Work Completed to Date: % AMOUNT DUE THIS APPLICATION: $ Percent Contract Time Com leted to Date: % Liquidated Damages to Be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: Tha undersigned CONTRACTOR c¢rtifles that: (t) all previous progress payments received from OWNER on account of Work done under the Con[rect referred to above have been applied [o discharge In full all obligations of CONTRACTOR incurred in onnection with Work covered by prior Applications for Payment numberetl 'I through inclusive; (2) [Itla to all materials and equipment Incorporated in said Work or otherwise Ils[etl In or covered by this Application for Payment will pass to OWNER et time of payment free and clear of all liens, clelms, security interests and a cumbrencea (except such as covered by Bond acceptable to OWNER); (S) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment Is now sue; and (4) CONTRACTOR has only InGudad amounts In this Applicatlon for Payment properly tlu¢ end owing and CONTRACTOR has not Included within the above referenced amount any clelms for unauthorized.or changed Work that has not been properly approved by Owner In writing and in eWanca of such Work. ontractor's Name ontractor's Signature: Date: ype TId¢: Sha// ba signed 6y an authorized re resentativa of the Contractor a mant to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b Design Professional's Name: ignatura: Data: a ment to the CONTRACTOR For the above AMOUNT DUE THIS APPLICATION Is recommended b oar's ProJeG Manager ame Ignature: Data: <:AO 20 ConaVuc[ion Services Agreement [2022_var.3] e%HIBIiD ConBnuaa SOHEOULE OF VALUE8 prolac<Hama. roiec vumbar. _ �. _ _ r�� �®r ����� Eavlanatlomm�ne [ow mer avpnc Tne TM1.a el:wne evoa wln plat an lnm. .an uMll me ct l: ple< unla .de .atluctlo of talnaga Ixxua mmcs 1 <o p1eY^If thla neppens. all Info.matlon up tntne � [e of <ne %Mange In rcbinage Is pla«E In <ne TnruDa[e column. In(o.matlon a(tm ana[ Ea<e n plecetl m me sn<e wx wmmn. mlx xta<.a wn.<n.a n.ppenea:m«the mange m .eomaga. C.A� 21 CDnalruc[ion Sarvlcas AgreamanT [2022_vac3] exhibit o (Continued) Stored Materials Record Formula: A L B- C- D= E A B C D E Date Descrl tlon Su Ilar Invoice Number Previously Received Received Thfa Parlod Previously Installed Installed Thls Period Balance To Install CAV zz Cons\rvction Services Agreement: [2022_var.3] EXHIBIT E: CHANGE ORDER O�ILIBY COHn}�f' PtCbanga Ortla Form Q ConVac[MOdigcagon 0 Work Ortlar MadlrlcatlOn Contract #: � Change #:� Pumhaa¢ Order #: Project #: Contmcto r/Flan Nama: Con Vee[/Pro)eet Prof ee[ Meneger Nema: Olvlalon Nema: _..a... ... .. .. ... Currant BCC Approved Amount _..�_. .. lust BCC Approwl Data; Agantla I[am # Currant Conbac[Mlnrk OrdarAmoun[ SAP Contract Explretlon Data (Neater) Dollar Amount oTtMa Change #DIV/OI Total Chvnga fiom Oflglnal Amount Ravlsatl Contract/ Wart( OrdOf Total E O.DD #DIV/DI Chvnga hom CYrfant BCC Approwtl AmaYnt Cumulat w CM1anaas S D.OD #DIV/pl Chanpa hom Currant Amount ComplatlOn Defer. Deacrlptlon of the Taak(a) CbBtpa. apd Ratlanela br the Chvnga a to PIOceStl � ApProwd � � Orc IasadlNa craian0e) Data Cotmlpletlon Data Date ul # or Daye Adtletl ' Select Tasks O AOtl paw teak(e) O Daleta taak(a) O CM1angB <eak(a) O ODrar Provltle a maponsa <o the (ollowlnA: 1.1 datellatl and BpBOIrIG explanatlonM1atlonala of the IBgYBa<etl eheng0(a) to the GeK(Bj and / Or PrepafOtl by: Da10: (PmjaCt ManagBf Neme and DlNelon) ACCBplanea Of Inle CM1enga Omef shell cOo816ut0 a mOdlticeOon b canbec[ /worn oftl¢f itlentitletl snow entl will ba subject to all tna aema tafm3 entl Condlllona ere eomalnad In lna COobaGt / wodt older Indlaated above, as Nlly ac i! [na aema wem alatatl In This aaeptanea. Tne aajuatmam, Irony, ro ma com.am anau mnaume a ran ana noel aawement or any ana all ¢tetras or me comremor / v¢ndpr / conamront / Da51gn Prof0a61onal arlsing oat or or related LO me cnafye sat ronn Harem, In¢lamng clalma ror Impact afW dNay coats. Accap<aa br: Data: (CoalfeCmf / VBatlOt / ConOullant / De¢pn PmleaElonBl and Nama of Fbm, Ir prgeCt HppllCablO) ACCBpNd by; Data: (OaWgn Probaslonal end Name of Flfm, Ir project eppllceble) Appfovad by: Date" (ONlelon ObeCLOf Of D651gna0) Approved by: Data: flvmanR tI V r92Ct 1 IPlwslnnx ttlm nvV .c9rXia atlW4ena1 nbnNmca ran 0¢'1u0e on mnmata aheutl __ n<�uoeVmu _ _ �'/ 23 Conslmction Sarvicaa Agreement: j2D22_var.3j Chanties Order/Amendment Summary CO# AMD# Dascriotlon COgT TIME Justificatlon Additive D¢ducLva pave Naw RnvisaU: flth(A202t (D(visfoas \vF0 nldy TquUa ntltltlional rsgnahuax vpay fl\du[In on riaparxtc aM1na[.} �OI i:AU• za consvucuon ser.,��ars nt3rean,ent izazz_var. s] OWNER'S Project No. PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following speci£ed parts thereof: To And To Substantial Completion Is the state In fha progress of the WorK when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Ownor can occupy or utilize the Work for Its Intended use. The Work to which this Certificate applies has b¢¢n 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 b¢ 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 Ilst shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER antl CONTRACTOR for security, operation, safety, maintenance, heat, utilities, Insurance and warrantless shall be as follows: RESPONSIBILITIES: �.p<S 26 Construdlon Services A9mamant [2022_vac3] tii1�J1\IHd CO The following documents are attached [o and made a part of this Certifcata: 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 Docu mants. Executed by Design Professional on . 20 Design Professional BY: Type Nama and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Nama and Title OWNER accepts this Certificate of Substantial Completion on . 20 .'� Type 20 C'ACI 26 ConsVucUon Services AgraamanY [2022_vor.3] EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: Contractor: Tha 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 Complatlon Time as sat forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Complatlon Time as set forth in the Agreement: Calendar Days. Actual Final Completion Data: YES NO �. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective data 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 obtain¢d and dated: 6. Owner personnel trained on system and ¢quipment operation. �. Certificate of Occupancy No.: Issued on (attach to this form). 8. Certificate of Substantial Completion issued on B. Final Payment Application end Affidavits received from Contractor on: 'I O. Consent of Surety received on � �. Operating Department personnel notified Project is in operating phase. '12. All Spare Parts or Spacial Tools provided to Owner: '13. Finished Floor Elevation Certificate provided to Owner: '14. 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: By Design Professional: By Owner: Name) (Signature) <Typed Name 8. Title) (Firm Name) (Signature) (Typed Name &Title) (Department Name) (Signature) (Name 8 Title) — - 27 Construction Servic¢s AgraamenL [2022_var.3] EXHIBIT H: GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 'I.t 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 ba supplied whether or not specifically called for. When words which have a wall -known technical or trade meaning are used to describe work, materials or equipment, such words shall ba 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, wM1ether such reference ba specific or by Implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is pertormad, except as may be otherwise specifically stated M1arein. '1.2 If before or during the pertorm ante of the Work Contractor discovers a conflict, error or discrepancy in the Contract Docu mants, 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 raq uire Contractor to consult tllrectly with Design Professional or soma other third party, as directed by Project Manager. Contractor shalt take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other Information known to Contractor with the Contract Documents before commencing any portion of the Work. '1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of referents only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extant of any part of the Work. In the avant 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 ancM1ors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.'I Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of Tabor; 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 surtaca conditions; nature and quantity of the surtace materials to ba encountered; subsurtace conditions; aq ulpment and facilities needed preliminary to and during pertormanca of the Work; and all other costs associated with such performance. Tha failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to partorm under the Contract Documents, nor shall It be considered the basis for any claim for additional lima or compensation. ze Constmciion Sarviccs AgreamenY [2022_vac3] 4'AL' 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 uti lilies 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 era (ij su bsurtace 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 in harant 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, than Contractor shall provide Owner with prompt written notice thereof before conditions era disturbed and in no event later than th rea (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, partormance 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 detarm fines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Ag reament 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 sat forth in the Contract Documents shall be complied with by the parties. 3. 3C HEDU LE. 3.'I Tha Contractor, within tan (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 ba a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall ba performed in accordance with the requirements of all Collier County Noise Ord finances then in effect. Unless otherwise specified, work will generally be zs --� Conatructlon Sarvlcea A9reamanF [2022_ver.3] �.Ai i' limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be pertormed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.'I 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 Prices, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of Its Subcontractors and matarialmen submitted with its Bld 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. Tha first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Pertormance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the recai pts evidencing the premium paid by Contractor for the bonds. 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 D. 4.4 Contractor shall submit 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 timeframas sat forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: ('I) 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 ba processed and paid in accordance with Section 2'I 8.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clark of Court's Finance Department respectively. 4.5 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. Tha Owner shall, within ten (10) business days after the Application for Payment is 30 Constmcllon Services A9r¢amenT [2022_vac3] C stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainaga on the gross amount of each monthly progress payment in the amount of five percent (5 h), as permitted by Section 255.078, Florida Statutes. Tha foregoing does not prohibit Owner from withholding retainaga at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainaga below the maximum amount sat Forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such rats inage shall be accumulated and not released to Contractor until final payment is due unless otharvvise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retain age shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 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 era 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. 4.9 Contractor agrees and understands that funding Ilm Rations 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 a pprovad adjustments to the ContractAmou nt 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. 4.10 Notwithstanding anything fn the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work pertormed under this Agreement, Contractor shall continue to pertorm the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will ba made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (5) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the assents with respect to the timely submission of invoices under this agreement. 4.'12 The County may, at its discretion, use VISA/MASTER ca rtl credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 31 Conslructlon Services Agreement: 12022_var.3] `.F�L S. 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 extant as may be necessary in the Owner's opinion to protect it from Toss 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 ba completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not ba completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.'I. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expanse. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful Contractor may owe debts (Including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services pertormed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 2'I 8.735, F.S. and the administrative procedures astablislietl by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as sat forth with Section 20.'I 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 Raleasa 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 ratainage, 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 accapta nca 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 32 Construction Services AgraemanL [2022 ve�3] C ACA 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 6e 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. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to ba submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay In the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the Hama is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may ba accepted by Owner If sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is aq uivalant or equal to [hat Hamad. Requests for review of substitute items of material and equipment will not ba 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 aq uipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately pertorm 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 su bjact to payment of any license fee or royalty. All variations of the proposed substitute from that specified will ba identified in the application and available maintenance, repair and replacement service shall be Indicated. Tha application also shall contain an itemized estim eta of all costs that will result directly or indirectly from accapta nca of such su bstituta, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall ba considered by the Project Manager in evaluating the proposed substitute. Tha Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, techniq ua 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 Docum ants. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 33 Conatruc[lon Sarv�cas Agreement: 12022_var.3] I \� " J 7.5 The Project Manager shall ba 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 Fieid Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a spacial performance guarantee or other surety with respect to any substitute. Tha Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed su bstituta, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. Tha 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 tem peraturas during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1 .3 The hours of operation by Contractor's and Sub -Contractor's personnel; 8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1 .6 Description of Work being pertormed 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 8.1.1 O Any pro blame that might impact either the cost or quality of the Work or the time of pertormance. 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. B.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 wall as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes 34 Construction Services A9reamant [2022_var.3] �� made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall ba accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall ba 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 shell 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, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701 (2)(a)-<b) 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite '102 Naples, FL 34� � 2-5746 Telephone: (239) 252-8999 Email: PublicRecordRaauestCrDcolliercountvfl.aov 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 era 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 [he 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 req uiremants. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meat all applicable requirements for retaining public records. All records stored electronically must be provided to the public 35 ConatrucHon Services Agreement [2022_var.3] (ti<r 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. 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 ba delayed or impaired by any act or omission by Contractor. Contractor shall ba solely rasponsi ble 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, inclutlin9 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 (46) hours after the commencement of such delay, stating the cause or causes thereof, or ba deemed to have waived any right which Contractor may have had to raq uest a time extension. 9.3 No interruption, interterence, 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 partorm 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 Tima; 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 wall as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue partorm ing 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 lima increases or savings i[ 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 ba made except upon written order of Owner, and Owner shall not ba 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. 36 ConaVucHan Services Agreement [2o22_vac3] �,,,�. 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 pertorm 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 era unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly pertorm the change as directed by Owner in a written Work Directive. 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 amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden coats) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is partormed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is Included in the markups noted above. No markup shall ba placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, 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 associatatl with any Payment Application, 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 Tima and not inconsistent with the intent of the Contract Documents. Such changes may ba 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 compliancy with the County procurement ordinance and policies and Administrative Procedures in effect at the lima such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The farm "Claim" also includes other dis pules 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-aig ht (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall ba 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 3� Conatructlon aervicea Agreement [2022_ver.3] (`'. E:� 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 1 0.4. 11.3 The Contractor shall proceed diligently with its pertormance 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 continua to make payments in accordance with the Contract Documents during the pendency of any Claim. i i�t Sia�.��l ]c3:? 12.1 Owner may partorm other work related to the Project at the site by Owner's own forces, have other work pertormed by utility owners or let other direct contracts. If the fact that such other work is to be pertormad is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such pertormance 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 sand the above required forty-eight (48) hour notice, the Contractor will ba deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Tima 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 pertorming 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 coma 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 M anagar 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, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and em ployeas 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 nagli9ance, recklessness, or intentionally wrongful conduct oT the Contractor or anyone employed or utilized by the Contractor in the partormance of this Agreement. 13.2 The duty to defend under this Article 13 Is independent and separate from the duty to indam nify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. Tha duty to defend arises immediately upon prase ntation of a claim by 3a Construction Services Agreement: [2022_ver.3] I..nu any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnity and defend under this Article 13 will survive the expiration or eariler termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its pertormance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 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-3. '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 req uiramants applicable to the Project, inclutlin9 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 su 6saquent to the date this Agreement was executed that increases the Contractor's time or cost of pertormanca 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 data 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 1985 as located at 8 U.S.C. 1324, at se 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 im madiately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work In the United States, including the requirements sat forth in Florida Statute, §448.095. Tha Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Intarnet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other am ployment eligibility verification requirements. Tha program will ba used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional sarvicas and construction services. Contractors /Bidders era raq uiretl to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly com pletetl E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors era also required to provide the Collier County Procurement sarvicas Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 ConsGactlon Sarvlcea A9reamenT [2o22_var.3] �, PL} Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional inform aticn regarding the Employment Eligi bflity Verification System (E-Verify) program visit the following website: htto://www.tlhs cov/E-Verifv. It shall be the Contractor's responsibility to familiarize themselves with all ru las and regulations governing this program. Contractor acknowledges, and without exception or stipulation, any firm (s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1988 as located at 8 U.S.C. 1324, et seq. and regulations relatln9 thereto, as either may ba amended and with the provisions contained within this affidavit. Failure by the awarded firm (s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. '16. CLEANUP AND PROTECTIONS. t 5.1 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 ail 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 subsurtace improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, util itias, footings, structures, trees and shrubbery, not indicated In the Contract Documents to be removal or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when [he Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 90 ConebYc[lon aarvlcas Agreement 1202'�vac3j \.IaO 17.2 All permits, fees and licenses necassa ry for the prosecution of the Work which era not issued by Collier County shall ba acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and otM1er similar taxes associated with the Work or portions thereof, which are applicable during the partormance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall ba considered in material default of the Agreement and such default shall ba 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 partorm the Work as directed by the Project Manager or as provided For in the approved Progress Schedule; or (3) partorms the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to tlo so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (1 O) days; or (8) makes an assignment for the banaflt of creditors; or (g) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (1 O) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's tlefault(s). If Owner determines that Contractor has not remedied and cured the tlefault(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may ba 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 purcM1ase 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 ba 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 axpanditu ras 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 ba paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may ba, 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, expanses 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, su pplias, and other items therefore <, CUConstruction Sarvlcea AgreamenL [2022_var.3] AL; or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments partai Wing to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided harei n, than the termination will ba deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and li mired to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner falls 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 (11) Owner has failed to cure such default within fou rtaen (14) days of receiving written notice of same from Contractor, than Contractor may stop its pertormance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or thalr agents or employees or any other persons pertorming 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 data, but in no event shall Contractor be entitled to payment for Work not pertormed 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 conve nianca, Contractor's recovery against Owner shall be Iim ited to that portion of the Contract Amount earned through the data 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 pertormad. 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 ba 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 (8) 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 Whan 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 Oasign Professional shall make an Inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does az Construction Services A9reBmant-. [2022_ver.3j `(i��r`�\`1 � � not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of Items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. Tha Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is com plated 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 pertormatl under the Contract Documents shall promptly approve 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: (�) Receipt of Contractor's Final Application for Payment. (2) The Release antl Affidavit in the form attached as Exhibit C. (3) Consent of surety to £Hal payment. (4) Racaipt of the final payment chock 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 dasig Hated by Owner. Owner reserves the right to inspect the Work antl make an independent determination as fo the WorK's accaptab(Iity, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the reta inaga shall become due and payable. 2'1. WARRANTY. 2t.'I Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to ba incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall ba Haw 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 antl equipment furnished under the Contract Documents shall be applied, installed, con nectad, erected, used, cleaned end conditioned in accorclance with the instructions of the applicable manufactu rare, fabricators, su ppliars or processors except as otherwise provided for in the Contract Documents. If, within one ('I) 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 may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's 43 ConslmUlon SaMcas A9�asmen[: [2022_vsr3]� tti+�' expense. These warranties era 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 raprasantative of the Owner, shall conduct an inspection of the warranted work to verify compliancy with the requirements of the Agreement. The Contractor's Representative shall ba present at the lima 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 partormed on or off of the Project site, for their observation, inspection and tasting. 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, testa or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or rag ulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tasted or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, tasting or approval. All inspections, tests or approvals shall be pertormetl 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 extant 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, ba uncovered for observation. Such uncovering shall ba at Contractor's expanse 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 construction period beyond the regular eight (8) hour day and for any work pertormetl on Saturday, Sunday or holidays. 22.6 Naithar observations nor other actions by the Project Manager or Design Professional nor inspections, testa or approvals by others shall relieve Contractor from Contractor's obligations to partorm 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, as Cons[rucUon Services Agreement 12022_var.3] i:A�' 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 ba 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 consaq uential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not Il mited 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 Tima, directly attributable to such uncovering, exposure, observation, inspection, tasting 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 pertorm the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been elimin atad. The right of Project Manager to stop the Work shall ba 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 bast interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such accepta nca 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 afterfinal payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of [he 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 pertorm the Work {n accords nca w(th the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not ba required to give notice to Contractor in the avant 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 as Construction Sarvlces AgrriemanT [2022_var3] i:ACT 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 coats 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 ba allowed an extension of the Contract Tima because of any delay in pertormance 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, tlevotin9 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 ba responsible to see that the fi Wished 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 ba subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumsta ncas. Tha 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 Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A -'I is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assig Wad 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 parson acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work craws, 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 S. B, for services not rendered. 25. PROTECTION OF WORK 25.'I Contractor shall fully protect the Work from loss or damage end shall bear the cost of any such loss or damage until final payment has bean made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger It. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. Tha Owner or Design Professional 96 CoreUucUon 6arvices Agreamant ]2022_var3] Q'.f+� shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the avant of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without spacial 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 Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall ba 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 ba 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 parsons 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 tlam�ga, 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 im provaments and utility owners when prosecution of the Work may affect them, and shall cooperate with them In the protection, removal, relocation or replacement of their property. a� Conarrucllon Services Agreement: [2022_var.3] f\�:A 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall ba the prevention of accidents. This parson shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or ba under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.'I All Owner facilities era smoke free. Smoking is strictly prohibited; 28.5.2 Ali 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 Em ployaes 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.E 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 lima to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation Involving personal injury, economic loss or damage to Owner's facilities or personal property therein; as Canatrudlon Sarvic®s A9reamant [2022_ver.3]� C A'•3 28.5.8 Tha 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 rag ulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may ba modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. Tha 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 im plamanted a Vendor Pertormance Evaluation System for all contracts awarded in excess of $25,000. To this and, vendors will be evaluated on their pertormanca upon completion/termination of this Agreement. 3'1. MAINTENANCE OF TRAFFIC POLICY. For all projects that era conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Davicas as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (M UTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. Thasa projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies era available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall ba included on the line item on the bid page. If MOT is required, MOT is to ba provided within ten (� O) days of receipt of Notice of Award. 32. 3A LES 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 pertormance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: as ConatrucOon Services Agreement: [2022_var.3] ChE 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 bast efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize coat savings for the Project. Adjustments to the Contract Amou n[ 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 othenvisa 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 avant 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.'I Contractor shall review the design and shall determine haw 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, community relations and any other factors pertinent to saving time and coats. 33.2 A Subcontractor is any person or entity who is partorm ing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall ba 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 partorm ing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 20'13-69, meaning a person or entity that has the capability in all respects to partorm Fully the Agreement requirements wish respect to its portion of the Work and has the integrity and reliability to assure good faith pertormance. 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. so ConaVucYlon Services AgreemanF. [2022_vs�.3] C:AfY The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-pertormad by Contractor must ba 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 pertorm ance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone -it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived In writing by Owner, all subcontracts and purchase orders shall (�) require each Subcontractor to ba bound to Contractor to the same extant Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to ba pertormed 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 ba an additional indemnified 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 workmen's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will ba bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor pertorming work at the Project Site must agree to provide field (on -site) supervision through a Hamad superintendent for each trade (a.g., general concrete Forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified am ployee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field su parintandent, foreman and schedulers at all levels) must have bean employed in a supervisory (leatlershi p) capacity of su bstantlally 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 am ployee identified by it to supervise and schedule its work. 33.5 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 pertormanca 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 ba 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 era limited exclusively to its actual costs for such changes plus no more than 1 O 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 slim inata any other remedies for claim for increase in the contract st ConaMucgon S¢rv�cas Agre¢man[: [2022_var.3] �',AU 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 pu rchasa order shall require that any claims by Subcontractor for delay or additional cost must ba 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 currant basis, all Project files and records, including, but not Il mitad to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1 .2 Subcontractor Licenses 34.1 .3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1 .5 Contract Drawings and Specifications with Addenda 34.1 .6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costa 34.1.10 Equipment Costs 34.1 .11 Cost Proposal Request 34.1 .12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1 .16 Bulletin Quotations 34.1 .16 Lab Tast Reports 34.1 .17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1 .24 Operating &Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1 .27 Correspondanca Files 34.1 .28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1 .31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall ba available at all times to Owner and Design Professional or their designees for reference, review or copying. sz Copa[mdlon Sarvlcas AgroamanF [z022_var.3] �.A.0 34.2 Contractor Presentations At the discretion of the County, the Contractor may ba required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) limas per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be tleterm fined 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 com elation data and any changes to the aforementioned since Notice to Proceed was issued. 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 coats 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 IO 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 Hama of the contractor's business. The Contractor shall im madiately notify the Collier County Facilities Management Division via a-mail (OL-FMOPS(racolliercountvfl.00v) whenever an employee assigned to Collier 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 par incident. CCSO requires separate fingerprinting prior to work being Performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 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 $'I O million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and Inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 63 Consbutllon aarvicea Agreement [2022_var.3] CAV 38. ABOVEGROUND/UNDERGROUND TANKS. 38.7 The contractor shall ensure compliance with all NFPA regulations: specifically 710 8. 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 760; 376 8. 403 Florida Statutes; and STI, UL, PEI, ASM E, NACE, NLPA, NIST 8 API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Soiid &Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. Tha contractor shall provide a 70 day and 48-hour notice to SHWMD 239-262-2608 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials /petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal For permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, wall -groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent am ployees who are physically capable of performing their employment duties. Tha Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding perm ittad by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Tha negotiation shall be attended by representatives of Contractor with full dacision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.702, Fla. Stet. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. sa Consirvction Sarvlcea Agreement [2022_var.3] t` EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS � Attached hereto, following this page ® Not Applicable ss Cons[mctian Services A9raemanC [2022_vac3] _