Agenda 07/11/2023 Item #16C3 (Approve Change Order No.2 with PWC Joint Venture LLC for the Carica HVAC Improvements project)16.C.3
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 2, allocating a portion of the Owner's Allowance to cover
the costs for Work Directive No. 2 in the amount of $4,224.00 under Agreement No. 20-7800 with PWC Joint
Venture LLC for the "Carica HVAC Improvements project," authorize the after -the -fact payment of that
amount for work the contractor completed under Work Directive No. 2, subject to it providing all required
backup documentation prerequisite to processing payment, and authorize the Chairman to sign the attached
change order.
OBJECTIVE: To approve Change Order No. 2, providing for the allocation of Owner's Allowance funds to cover
the cost associated with Work Directive No. 2 and authorize after -the -fact payment of the final payment application
in the amount of $4,224.
CONSIDERATIONS: The Carica Pump Station is the County's largest potable water pump station providing
potable water to Collier County. The existing HVAC system, which is critical to the service of the electrical room
and major electrical components of the pump station, had recent failures and was beyond its useful service life. The
Carica HVAC improvement project replaced the failing HVAC system and provided minor structural
improvements to the pump station.
The original intent of the project was to utilize 120-volt actuators for the HVAC dampers; however the 120-volt
actuators were not readily available due to supply chain constraints. The HVAC manufacturer (Trane) was readily
able to provide 24-volt actuators to meet the project schedule. Work Directive No. 2, issued on December 8, 2022,
provided power to the 24-volt actuators by adding conduits and wire from exterior actuators to an interior electrical
room 24-volt digital control station.
The time and material costs for this work directive amounted to $4,224.00. The project quote included a line item
identified as "Owner's Allowance" that would be used to address unforeseen conditions up to an amount of
$40,000. Change order No. 2 provides for the reconciliation of the Work Directive No. 2 cost against the Owner's
Allowance.
The Work Order issued on this project expired on February 23, 2023, which was the final completion date;
however, notably, all work including Work Directive No. 2 occurred while the Work Order was active prior to its
expiration. Additionally, there was no need to additional contract time nor increase the contract price to
accommodate this change.
To date, all work under the project has been satisfactorily completed and accepted by the Project Manager within
the required timeframe and the contractor has submitted its final pay application in the total amount of $62,067.45
of which $57,843.45 has already been paid. Staff is requesting an after -the -fact approval for payment of the
remaining balance of the final pay application in the amount of $4,224.00 for the work completed under Work
Directive No.2, subject to the contractor providing the required back-up in support of issuing this final payment
from the Owner's Allowance.
FISCAL IMPACT: The Owner's allowance was included in the work order amount. The requested amount of
$4,224.00 will be deducted from the Owner's allowance with remaining balance of $34,747.08.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities and to remain in compliance with all regulatory
programs.
RECOMMENDATION: Recommendation to approve Change Order No. 2, allocating a portion of the Owner's
Packet Pg. 519
16.C.3
07/11/2023
Allowance to cover the costs for Work Directive No. 2 in the amount of $4,224.00 under Agreement No. 20-7800
with PWC Joint Venture LLC for the "Carica HVAC Improvements project," authorize the after -the -fact payment
of that amount for work the contractor completed under Work Directive No. 2, subject to it providing all required
backup documentation prerequisite to processing payment, and authorize the Chairman to sign the attached change
order.
Prepared By: Shon Fandrich, PE, PMP, Supervisor of Project Management, Public Utilities Department,
Engineering and Project Management Division.
ATTACHMENT(S)
1. [Linked] Attachment 1 Contract 20-7800_PWCJointVentureLLC(PDF)
2. Attachment 2 CO#2_PWCJointVentureLLC CONTINGENT APPROVAL with Legal Stamp (PDF)
3. Attachment 3 WD#2_PWCJointVentureLLC (PDF)
4. Attachment 4 Pay Application 5 (PDF)
5. Attachment 5 ATF PWC Joint venture v2 SFMMST (PDF)
Packet Pg. 520
16.C.3
07/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 25837
Item Summary: Recommendation to approve Change Order No. 2, allocating a portion of the Owner's Allowance
to cover the costs for Work Directive No. 2 in the amount of $4,224.00 under Agreement No. 20-7800 with PWC
Joint Venture LLC for the "Carica HVAC Improvements project," authorize the after -the -fact payment of that
amount for work the contractor completed under Work Directive No. 2, subject to it providing all required backup
documentation prerequisite to processing payment, and authorize the Chairman to sign the attached change order.
Meeting Date: 07/11/2023
Prepared by:
Title: — Engineering and Project Management
Name: Shon Fandrich
06/12/2023 2:10 PM
Submitted by:
Title: Director — Engineering and Project Management
Name: Matthew McLean
06/12/2023 2:10 PM
Approved By:
Review:
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Procurement Services
Sue Zimmerman
Additional Reviewer
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Engineering and Project Management
Matthew McLean
Additional Reviewer
Public Utilities Department
Andrew Youngblood Level 1 Division Reviewer
Procurement Services
Sandra Herrera
Procurement Director Review
Public Utilities Department
George Yilmaz
Level 2 Division Administrator Review
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Corporate Compliance and Continuous
Improvement
Megan Gaillard
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
Community & Human Services
Maggie Lopez
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
06/12/2023 3:36 PM
Completed
06/16/2023 11:38 AM
Completed
06/19/2023 11:25 AM
Completed
06/21/2023 8:30 AM
Completed
06/22/2023 3:19 PM
Completed
06/23/2023 4:06 PM
Completed
06/29/2023 9:50 AM
Completed
06/29/2023 12:00 PM
Completed
06/29/2023 12:09 PM
Additional Reviewer
Completed
06/29/2023
12:13 PM
Completed
06/29/2023 1:23 PM
Completed
06/30/2023 8:46 AM
Completed
06/30/2023 1:10 PM
Completed
07/05/2023 12:23 PM
07/11/2023 9:00 AM
Packet Pg. 521
16.C.3.b
Procurement Services
C0 7£:Y C0141 ity Change Order Form
❑ Contract Modification ® Work Order Modification
Contract #: 20-7800 Change #: 2 Purchase Order #: 4500216158 Project #: 71067.24.6
0.>ntractor/Firm Name:" FPPWC Joint Venture LLC-Contract/Project: Farica HVAC Improvements
Project Manager Name: Shon Fandrich, P.E. Division Name: I
Engineering and Project Management
Original Contract/Work Order Amount
$
452,000.00
6/22/21, 11 B
Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
$
452,000.00
6/22/21, 11B
Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount
$
452,000.00
6/21/2026
SAP Contract Expiration Date (Master)
Dollar Amount of this Change
$ 0.00
0.00%1
Total Change from Original Amount
Revised Contract/Work Order Total
$
452,000.00
0.00%
Change from Current BCC Approved Amount
Cumulative Changes
I $
0.00
0.00%
Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed 1/18/2022 Original 9/30/22 Last Approved 02/23/23 Revised Date 02/23/23
Date Completion Date Date (Includes this change)
# of Days Added C� Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ® Other
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change($) to the task(s) and / or
the additional days added (if requested); 2,) why this change was not included in the original contract; and, 3.) describe the Impact
If this chance is not Drocessed. Attach additional information from the Design Professional and/or Contractor if needed.
1. This change is to authorize the use of allowance funds for the following items:
Work Directive #2 - Revise conduit layout
Item
Description
Amount
Remaining Allowance Balance
1
Work Directive #2 - Conduit
Layout Changes
$4,224,00
$34,747.08
2. This item was an additional item that was added to the contract. Additional conduits were required due to the orientation of the HVAC
units that were provided. These conduits were added to ensure that the proper operation of the exterior HVAC units were achieved.
3. If these changes are not processed, the HVAC units would not have been able to operate as intended.
Final approval of this Change Order is contingent upon approval by the Board. If Board approval not issued, this
Change Order shall be null and void. A�
FandrichShon Date:
Prepared by:
Shon Fandrich, P.E., Senior Project Manager
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same
terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The
adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant /
Design Professional
laadsiin..g. out of or related to the change set forth herein, including claims for impact and delay costs. �#
Accepted by: �rlp --- Date: l
Michael Bridgeman, PWC Joint Venture LLC
Digitally signed by Tyler Ceainright
Accepted by: a i n r l n t —D 9 -05'= Flit
Accepted by:
B u I I e rt B e nj a m i n
Benjamin N. Bullert, P.E., Principal Project Manager
M_cLeanM_atth_e_w E.,.,�,. „o��„�a�ow�.�_e.�".�.oW.�M�w,
Approved by: - --- --" --"°' ,>o ar.,. n , o".o_�_�."—.-."-----
(Division Director or Designee)
Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.)
X:1( 03092023
Date:
Date:
PROCUREMENT USE ONLY
Admire
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16.C.3.b
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
M.
Dated:
(SEAL)
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
i
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16.C.3.b
A b DoriaPriscilla Digitally signed byDoriaPriscilla
pprovedY DaW; 2023 03 22 09-36•de 49--0-4'00' Date:
Az. , (Procurement Professional)
Change Order/Amendment Summary
CO#
AMD#
Description
COST
TIME
Justification
Additive (+)
Deductive (-)
Days
Added
New
Amount
1
Utilized $1,028.92
of allowance with
$38,971.08
remaining for an
additional concrete
um
Items were necessary to prevent
damade to other parts of the pump
station.
2
Utilized $4,224.00
of the allowance
with $34,747.08
remaining for
additional electrical
conduits.
Items were necessary to ensure
HVAC operation.
Revised: 01/14/2021 (Divisions who may require additional signatures may include on separate sheet.)
A?a) 03092023
PROCUREMENT USE ONLY
Admin
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BCC ES
Packet Pg. 524
16.C.3.b
Collier County Engineering & Project Management Division
WORK DIRECTIVE CHANGE
CONTRACT # /PROJECT NAME: 71067.24.6 / 20-7800 / Carica HVAC Improvements
WORK DIRECTIVE # 002 PURCHASE ORDER #: 4500216158
DATE OF ISSUANCE: 12/8/22
CONTRACTOR: PWC Joint Venture LLC
OWNER: Collier County Board of Commissioners
ENGINEER/DESIGN PROFESSIONAL:
Tetra Tech Inc.
You are directed to proceed promptly with the following change(s):
Description: Provide conduits for low voltage wires from the air handlers and actuators to the DDC controller.
Purpose of Work Directive Change: The purpose of this work directive is to clarify the intent of supplying conduits from the
actuators and air handlers to the DDC controller located inside the electrical room. These conduits are necessary to complete the
installation of the HVAC units.
Reason/Justification: The conduits are necessary for the installation of the HVAC units and the units cannot function without
them.
Attachments: Drawing Sheet E-101
If a claim is made that the above change(s) have affected Contract/Allowance Price or Contract Times any
claim for a Change Order based thereon will involve one or more of the following methods of determining the
effect of the changes(s).
Method of determining change in
Contract/Allowance Price:
❑ Unit Prices
❑ Lump Sum
® Time & Material
❑ Other
Estimated increase (decrease) in Allowance:
Q TRrI
Method of determining change in Contract Times:
® Contractor's records
❑ Engineer's record
❑ Other
Lstimated change in Contract Time:
Increase or decrease by 0 calendar days.
AUTHORIZED:
NE_s.,....,�,.„��.
n d r i c h S h o n w Faa°R�° "°"
Owner's Representative
12/08/22 11:39 AM
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16.C.3.b
itPWC Joint Venture, LLC.
5256 Summerlin Commons Way Suite 203
Bldg #2
Fort Myers, FL 33907
(239) 270-5907 Office
(239)270-5943 Fax
PROJECT NAME: Carica PS HVAC Improvements CONTRACT 21.7800
PROJECT NO: Purchase Order/Work Order NO:4500216158 PWC JOB NO. 2021-05.02
GENERAL CONTRACTOR: PWC Joint Venture DATE: 2/16/2023
DESCRIPTION OF CHANGE: Provide conduits fro low voltage wires from theair handlers actuators to the DDC controller
PWC Direct Costs
Additive Costs
A Labor $0.00
B Material 1 $0.00
C Equipment F $0.00
D Subtotal of Additive Cost
Deductive Costs (use minus sign to denote negative figures)
E Labor
F Material
G Equipment
H Subtotal of Deductive Cost $0.00
I Contractor's Total Direct Cost (D+H) 0.00
J General Contractor's Mark-up o.00
10% markup
K ITotal PWC Direct Costs + Mark-up (Line I + J) $0.00
L Total Subcontractor Direct Costs $4,224.00
M General Contractor's Mark-up on Subcontractor Direct Costs
0% Markup
N Subtotal $4,224.00
Tax/Fees
$0.00
p Total PWC Change Request (Line K + L + M + N) $4,224.00
To the best of my knowledge and belief, I certify that all costs listed above are correct.
m" 211612023
Contractor Signature Date
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Technical Management Associates
March I, 2023
INVOICE #2528
PWC JOINT VENTURE, LLC
mbridgernan(q-),pwc-llc.com
5256 SUMMERLIN COMMONS WAY STE 203 BLDG 2
FORT MYERS FL 33907
Project: TMA 1182-7
CARICA PUMP STATION HVAC IMPROVEMENTS
U
10251 Metro Parkway
Suite 118
Ft. Myers, FL 33966
L
Phone: 239.437.9582 V
Fax: 239.437.9576
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Additional controls per Work Directive #02 issued 12/8/22 $4,224.00
- Work Performed from 12/8/22 through 12/15/22
Additional controls per Drawing issued 12/29/22 $3,142.00
TOTAL $7,366.00
TOTAL AMOUNT DUE THIS INVOICE BY
#VALUE!................................................................................................ $7,366.00
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16.C.3.c
Collier County Engineering & Proiect Management Division
WORK DIRECTIVE CHANGE
CONTRACT # /PROJECT NAME: 71067.24.6 / 20-7800 / Carica HVAC Improvements
WORK DIRECTIVE # 002 PURCHASE ORDER #: 4500216158
DATE OF ISSUANCE: 12/8/22
CONTRACTOR: PWC Joint Venture LLC
OWNER: Collier County Board of Commissioners
ENGINEER/DESIGN PROFESSIONAL:
Tetra Tech Inc.
You are directed to proceed promptly with the following change(s):
Description: Provide conduits for low voltage wires from the air handlers and actuators to the DDC controller.
Purpose of Work Directive Change: The purpose of this work directive is to clarify the intent of supplying conduits from the
actuators and air handlers to the DDC controller located inside the electrical room. These conduits are necessary to complete the
installation of the HVAC units.
Reason/Justification: The conduits are necessary for the installation of the HVAC units and the units cannot function without
them.
Attachments: Drawing Sheet E-101
If a claim is made that the above change(s) have affected Contract/Allowance Price or Contract Times any
claim for a Change Order based thereon will involve one or more of the following methods of determining the
effect of the changes(s).
Method of determining change in
Contract/Allowance Price:
❑ Unit Prices
❑ Lump Sum
® Time & Material
❑ Other
Estimated increase (decrease) in Allowance:
N TRD
RE(
Lo
Method of determining change in Contract Times
® Contractor's records
❑ Engineer's record
❑ Other
Estimated change in Contract Time:
Increase or decrease by 0 calendar days.
AUTHORIZED:
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U_andrichShon M�egeme ODPUD, 011 Dtlei—,DDC- ,
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Dale: 2022.12.0812:33:23-00'
Owner's Representative
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itPWC Joint Venture, LLC.
5256 Summerlin Commons Way Suite 203
Bldg #2
Fort Myers, FL 33907
(239) 270-5907 Office
(239)270-5943 Fax
PROJECT NAME: Carica PS HVAC Improvements CONTRACT
PROJECT NO: Purchase OrderiWork Order NO:4500216158 PWC JOB NO.
GENERAL CONTRACTOR: PWC Joint Venture DATE:
2/16/2023
DESCRIPTION OF CHANGE: Provide conduits fro low voltage wires from theair handlers actuators to the DDC controller
PWC Direct Costs
Additive Costs
A Labor
B Material
C Equipment
D Subtotal of Additive Cost
Deductive Costs (use minus sign to denote negative figures)
E Labor
F Material
G Equipment
H Subtotal of Deductive Cost
I Contractor's Total Direct Cost (D+H)
J General Contractor's Mark-up
10% markup
21-7800
2021-05.02
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00
0.00
K ITotal PWC Direct Costs + Mark-up (Line I + J) $0.00
L Total Subcontractor Direct Costs $4,224.00
M General Contractor's Mark-up on Subcontractor Direct Costs $0.00
0% Markup
N Subtotal $4,224.00
Tax/Fees
$0.00
0 Total PWC Change Request (Line K + L + M + N) $4,224.00
To the best of my knowledge and belief, I certify that all costs listed above are correct.
M/W S2/16/2023
Contractor Signature Date
Packet Pg. 531
16.C.3.c
Technical Management Associates
March I, 2023
INVOICE #2528
PWC JOINT VENTURE, LLC
mbridgemanna.pwc-Ilc.com
5256 SUMMERLIN COMMONS WAY STE 203 BLDG 2
FORT MYERS FL 33907
Project: TMA 1182-7
CARICA PUMP STATION HVAC IMPROVEMENTS
10251 Metro Parkway
Suite 118
Ft. Myers, FL 33966
Phone: 239.437.9582
Fax: 239.437.9576
Additional controls per Work Directive #02 issued 12/8/22 $4,224.00
- Work Performed from 12/8/22 through 12/15/22
Additional controls per Drawing issued 12/29/22
TOTAL
TOTAL AMOUNT DUE THIS INVOICE BY
#VALUE!...............................................................................................
3 142.00
$7,366.00
$7,366.00
Packet Pg. 532
16.C.3.d
EJCDC
ENGINEER$ JOINT CONTRACT
DOCUMENT$ COMMITTEE
LCollier County
Project: Carica Pump Station HVAC Improvements
Owner's Contract No.: 21-7800
Application For Payment
Contractor's Apt
ication 12/01/2022 thm 1/31/2023
From (Contractor):
PWC LLC
5256 Summerlin Commons Ste. 203 Bldg. 2
Mvers, FL 33907
71067.24.6
ProjectNo.: PW2021-05.2
Contractor's Certification
The undersigned Contractor certifies, to the best of its knowledge, the following:
(1) All previous progress payments received from Owner on account of Work done under the Contract
have been applied on account to discharge Contractor's legitimate obligations incurred in connection with
the Work covered by prior Applications for Payment;
(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or
covered by this Application for Payment, will pass to Owner at time of payment free and clear of all
Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner
indemnifying Owner against any such Liens, security interest, or encumbrances); and
(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents
and is not d+efective.
By: / _ �1fz,. J_ _ Date: 3/13/20231
n for Payment No. 1 5
Application Date: 3/13/2023
Via (Engineer): Tetra Tech
Fort
P.O.4500216158
I
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1. ORIGINAL CONTRACT PRICE............................................................
$ $452,000.00
O
2. Net change by Change Orders...................................................................
$
Q.
E
3. Current Contract Price (Line 1 t 2)..........................................................
$ $452,000.00
—
4. TOTAL COMPLETED AND STORED TO DATE
V
Q
(Column F total on Progress Estimates) ...................................................
$ $417,242.92
2
5. RETAINAGE:
a. 5% X $20,862.15 Work Completed.........,
$ S20,862.15
.L
b. 5% X Stored Material............
$
V
c. Total Retainage (Line 5.a + Line 5.b)..............................
$ $20,862.15
i
6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c).............................
$ $396,380.77
12
7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........
$ $355,175.47
N
8. AMOUNT DUE THIS APPLICATION...................................................
$ $62,067.45
0
9. BALANCE TO FINISH, PLUS RETAINAGE
1—
(Column G total on Progress Estimates + Line 5.c above) ......................
$ $34,757.08
th
00
In
N
Payment of: $ $62,067.45
(Line 8 or other - attach explanation of the other amount)
C
Digitally signed
by Tyler C
V
Tyler C Wainright Wainright
is recommended by: _ n� . �m a 03 34
_
1018 52-04A0' Cl.
(Engineer)
(Date)
Q
Payment of: $ $62,067.45
IL
(Line 8 or other - attach explanation of the other amount)
14
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is approved by:
E
(Owner)
(Date)
V
Approved by:
Q
Funding or Financing Entity (if applicable)
(Date)
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EJCDC® C-620 Contractor's Application for Payment
C 2013 National Society of Professional Engineers for EJCDC. All rights reserved.
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16.C.3.e
Coi[ iCT Co-N.-nty
Instructions
After the Fact Form
As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement
Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or
contract terms, an After -the -Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order,
when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and
services not covered by the current contract or purchase order. All such `After the Fact Procurements" will be reported to the
County Manager.
Requester Name: Short Fandrich
Division: Engineering and Project Management
Division Director: Matt McLean
Vendor Name: PWC Joint Venture LLC
Amount: $4,224.00
Fcontract #: 20-7800
Purchase Order: 4500216158
Why is this deemed a non -compliant purchase? Choose one.
Contract RI
Ordinance
Manual ❑
P-Card ❑
Other ❑
Details of Purchase: Explain the circumstances behind this purchase.
The Carica Pump Station is the County's largest potable water pump station that provides potable water to Collier County. The existing HVAC system, which is critical to the
service of the electrical room and major electrical components of the pump station, had recent failures and was beyond its useful service life. The Carica HVAC improvement
project replaced the failing HVAC system and provided minor structural improvements to the pump station.
The original intent of the project was to utilize 120-volt actuators for the HVAC dampers, however the 120-volt actuators were not readily available due to supply chain
constraints. The HVAC manufacturer (Trane) was readily able to provide 24-volt actuators to meet the project schedule. Work Directive No. 2, issued on December 8, 2022,
provided power to the 24-volt actuators by adding conduits and wire from exterior actuators to interior electrical room 24-volt digital control station. The Work Order issued
expired on February 23, 2023, which was the final completion date; however, it should be noted that all work including Work Directive No. 2 occurred while the Work Order was
active prior to its expiration.
To date, all work under the project has been satisfactorily completed and accepted by the Project Manager within the required timeframe and final pay application has been
received from the contractor in the total amount of $62,067.45 and $57,843.45 has already been paid. Staff is requesting an after -the -fact approval for payment of the remaining
balance of the final pay application in the amount of $4,224.00 for the work completed under Work Directive No.2.
Staff also prepared a Change Order to utilize funds from the owner's allowance for the project to cover the cost of the work in the amount of $4,224.00 Current balance of
allowance is $38,971.08- $4,224.00 = $34,747.08 remaining balance.
Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable?
Requesting the Board to ratify/approve payment of $4,224.00 for final pay application 5.
Corrective/Preventive Action: What action is being taken to prevent this violation from re -occurring?
The Division will provide training to the Project Managers and guidance,as needed, to ensure
that change orders are processed in a timely manner. Assign Collier U training classes for Work
Orders and for Change Orders.
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Shon Fandrlch
Signature: FandrichShon °- ®�^°°° ° °° «
Date:
Division Director: Matt McLean
Signature: McLeanMatthewo_ a —I p°=e, °
Date:
Revised 06/17/2021
Packet Pg. 535
MULTI -CONTRACTOR AWARD AGREEMENT
# 20-7800
for
Underaround Contractor Services
THIS AGREEMENT, made and entered into on this day of Ju►Yi� 2021 , by and
between PWC Joint Venture LLC
authorized to do business in the State of Florida, whose business address is
5256 Summerlin Commons Way, Suite 203, Bldg #2, Fort Myers, FL 33907 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"):
WITNESSETH:
AGREEMENT TERM. The Agreement shall be for a five ( 5 ) year period, commencing
❑■ upon the date of Board approval; oT [�-e , and terminating five
( 5 ) year(s) from that date or until all outstanding ❑■ Purchase Order(s) ■0 Work Order(s)
issued prior to the expiration of the Agreement period have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for two ( 2 ) additional
one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term then in
effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred and eighty (180)
days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term prior to the end of the Agreement term then in
effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of
a ■❑Purchase Order❑■ Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms
and conditions of ❑ af-� ❑ 0
Other: Invitation for Qualification ( IFQ ) # 20-7800 ,
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services
in accordance with Exhibit A — Scope of Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the
County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
such services are authorized.
Page 1 of 33
Multi -Contractor Award Agreement [2021_ver.11
ny,
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any
minimum or maximum amount. The County shall order items/services as required but makes no
guarantee as to the quantity, number, type or distribution of items/services that will be ordered or
required by this Agreement.
3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope
of Services attached hereto.
3.4 0 The County reserves the right to specify
completion; collection of liquidated damages in
Methodology selected in 4.1.
4. THE AGREEMENT SUM.
in each Request for Quotations: the period of
the event of late completion; and the Price
❑■ The County shall pay the Contractor for the performance of this Agreement based on Work
performed pursuant to the quoted price offered by the Contractor in response to a specific Request
for Quotations and pursuant to the Price Methodology in Section 4.1. ❑W Contractor's quoted
prices, when providing Time & Material quotes, shall be based on Exhibit B- Fee Schedule.
Payment will be made upon receipt of a proper invoice and upon approval by the County's
Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
BE "EM"ZOA
10
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rl
4.1 Price Methodology (as selected below):
FE-1 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's project
manager before payment for the fixed price contract is authorized.
F■ Time and Materials: The County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's markup). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
Page 2 of 33
Multi -Contractor Award Agreement [2021_ver.1]
❑ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify the
unit price and the number of units received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient funds
are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
the Agreement. Any untimely submission of invoices beyond the specified deadline period is
subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this Agreement.
4.4 The County, 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 associated with any Payment Application,
Change Order, or Work Directive Change.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment
of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #
85-8015966531 C.
Page 3 of 33
Multi -Contractor Award Agreement [2021_ver.1]
CAS
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed
or emailed to the Contractor at the following:
Company Name:
PWC Joint Venture LLC
Address:
5256 Summerlin Commons Way, Suite 203
Fort Myers, FL 33907
Authorized Agent:
Kevin Markhardt, Vice President
Attention Name & Title:
Telephone:
(239) 270-5907
E-Mail(s):
Kmarkhardt@pwc-llc.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to
the County to:
Board of County Commissioners for Collier County, Florida
Division Director:
Steve Messner
Division Name:
Water Division
Address:
4370 Mercantile Avenue
Naples. Florida
Administrative Agent/PM: Pamela Libby
Telephone: (239) 252-6239
E-Mail(s): Pamela. Libby@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. The County will not be
obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the County.
All non -County permits necessary for the prosecution of the Work shall be procured and paid for
by the Contractor. The Contractor shall also be solely responsible for payment of any and all
taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer
with respect to persons employed by the Contractor.
Page 4 of 33
Multi -Contractor Award Agreement [2021_ver.1]
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement for
cause; further the County may terminate this Agreement for convenience with a thirty (30) day
written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the County
shall be limited to that portion of the Agreement Amount earned through the date of termination.
The Contractor shall not be entitled to any other or further recovery against the County, including,
but not limited to, any damages or any anticipated profit on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership.
C. ❑] Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each
accident.
D. Al Watercraft: $1,000,000 Per Occurrence.
E. 0 Maritime Coverage (Jones Act): Shall be maintained where applicable to the completion
of the work $ 1,000,000 per Occurrence. The Division requesting the quoted work will obtain the appropriate
endorsement for Maritime coverage on an as needed project basis.
F. 0■ Pollution: $1,000,000 per Occurrence.
Page 5 of 33
Multi -Contractor Award Agreement [2021_ver.1]
G. ❑E United States Longshoreman's and Hardworker's Act : Coverage shall have
minimum limits of $1,000,000 per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate
Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect
to any other insurance maintained by, or available for the benefit of, the Additional Insured and
the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
notice, or in accordance with policy provisions. Contractor shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -
renewal or material change in coverage or limits received by Contractor from its insurer, and
nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements that
the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any
statutory or regulatory violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Public Utilities Departement Water Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
Page 6 of 33
Multi -Contractor Award Agreement (2021_ver.1]
eo
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, W Exhibit B Fee
Schedule, ❑ RFR-/ ❑ 4-T9/❑■ Other Invitation of Qualification (IFQ) #20-7780 ,
including Exhibits, Attachments and Addenda/Addendum,❑ subsequent quotes and
corresponding contract documents, FN� Exhibit C-1 Public Payment Bond, Al Exhibit C-2 Public
Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ❑■ Exhibit E — Form of Contract
Application for Payment, 0 Exhibit F - Change Order, ❑■ Exhibit G - Certificate of Substantial
Completion, 0 Exhibit H -Certificate of Final Completion, ❑ Exhibit ' `^'affanty, and ❑ F3theF
ExWbitLAttaehmenti
17. APPLICABILITY. Sections corresponding to any checked box (N) expressly apply to the terms
of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for
a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,
c. immediate termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is
formally acknowledging without exception or stipulation that it agrees to comply, at its own
expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing with the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and
the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Page 7 of 33
Multi -Contractor Award Agreement [2021_ver.1]
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordReg uest(7colIiercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and
agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation
or resultant Agreement to other governmental entities at the discretion of the successful
Contractor.
22. 0 BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party(ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "C-1" and Exhibit "C-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, terminates or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
Page 8 of 33
Multi -Contractor Award Agreement [2021_ver.11
EA6,
calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
23. ❑■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar
days from the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall
be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation/Scope of Work. The date of substantial completion of the Work (or designated portions
thereof) is the date certified by the Owner 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. The Work shall reach final completion and
be ready for final acceptance by Owner within the time specified in the Request for
Quotation/Scope of Work.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation/Scope of Work for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner 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 complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
24. 0■ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may request to receive Progress Payments.
Subsequent to the first payment, Contractor must provide Owner with a fully executed Release
and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent to release of each
progress payment. All applications for payment, whether for full payment or a progress payment
shall be in writing, and in substantially the form attached hereto as Exhibit "E."
25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions
thereof, because of defective or incomplete work, outstanding punchlist items, subsequently
discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise
due to Contractor under this Agreement or any other Agreement between Owner and Contractor,
Page 9 of 33
Multi -Contractor Award Agreement [2021_ver.1]
to such extent as may be necessary in the Owner's opinion to protect it from loss because of.. (a)
defective Work not remedied; (b) third party claims failed or reasonable evidence indicating
probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be
completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor;
or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other Agreement between Contractor
and Owner.
26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
27. ❑■ CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all 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 supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts
of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts,
Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise
to any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as to claims based on late
completion.
28. ❑■ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
Page 10 of 33
Multi -Contractor Award Agreement [2021_ver.1]
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or changed
work orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and
executed promptly after an Agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order
in the manner as Owner and Contractor shall mutually agree.
29. ❑N CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean.
30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
31. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the County the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall be
performed in a manner and by organizations acceptable to the County.
32. ❑■ PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of the County or County's separate contractors, Contractor shall be charged
with the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the County's benchmarks, Contractor shall immediately notify the County.
The County shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by the County associated therewith.
Page 11 of 33
Multi -Contractor Award Agreement [2021_ver.1]
33. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
34. ❑■ COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punchlist 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
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H,
recommending that on the basis of Owner's 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.
Final payment shall not become due and payable until Contractor submits:
A. The Release and Affidavit in the form attached as Exhibit "D."
B. Consent of Surety (if applicable) to final payment.
C. If required by Owner, other data establishing payment or satisfaction of all obligations, such
as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent
and in such form as may be designated by Owner.
D. The warranty in the form attached as Exhibit "I".
Page 12 of 33
Multi -Contractor Award Agreement [2021_ver.1]
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment
shall not become due and payable.
35. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from the County. Contractor shall also be responsible for and pay for replacement
or repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which the County is
entitled as a matter of law.
36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and Procurement
Procedures.
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision -making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision -making authority and by
County's staff person who would make the presentation of any settlement reached at mediation
to County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
39. 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.
Page 13 of 33
Multi -Contractor Award Agreement [2021_ver.1]
❑■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this
Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to
perform investigations as may be deemed necessary to ensure that competent persons will be
utilized in the performance of the Agreement. The Contractor shall assign as many people as
necessary to complete required services on a timely basis, and each person assigned shall be
available for an amount of time adequate to meet required services.
41. 0■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the County's consent, shall be void. If Contractor does, with approval,
assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to
assume toward Contractor all of the obligations and responsibilities that Contractor has assumed
toward the County.
43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier
County Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance
Page 14 of 33
Multi -Contractor Award Agreement [2021_ver.1J
CA(3
and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name
of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
44. FW SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA), State
and County Safety and Occupational Health Standards and any other applicable rules and
regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or
property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as
all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA
onto a project that is being performed on Collier County Property. Collier County, as the owner of
the property where the project is taking place shall be the only entity allowed to refuse access to
the project. However, this decision shall only be made by Collier County's Risk Management
Division Safety Manager and/or Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 15 of 33
Multi -Contractor Award Agreement [2021_ver.1]
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this
Agreement on the date and year first written above.
ATTEST:
Crystal K. i'fjnzeC, Clerk of Court &
Comptroller-,
ALI
Dated:
(SEWesta5 fo
Con
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Q e_ - By:
A JP/Yl- CfyUWVL_
n ractor's st Witn ss
Karen Loneuski
witness n
Roxanne Craig
TType/print witness nameT
Ad 7as to or and Legality:
p
'_ ..
County Attorney
L
Print Name
TAYLIOR , Chair
PWC Joint Venture LLC
Contractor
Signature
Kevin Ma rkhardt_ Vice President _.
TType/print signature and titleT
Page 16 of 33
Multi -Contractor Award Agreement [2021ct
�_,�
❑■ following this page (pages 1 through
❑ this exhibit is not applicable
Exhibit A
Scope of Services
Page 17 of 33
Multi -Contractor Award Agreement [2021_ver.1]
C��
IFQ# 20-7800 "Underground Contractor Services"
EXHIBIT A
SCOPE OF SERVICES
Contractors shall provide complete general utility and stormwater management system contracting services and on -call
urgent repair services. The Contractors will be responsible for providing complete utility contracting services regardless
of location for a wide range of projects as may be requested by Collier County.
Services shall include, but not be limited to, the following:
Supervision/administration of work.
New construction of water/sewer lines, lift stations, manholes, storm drains, and appurtenances.
Renovations/retrofits of water/sewer lines, lateral lines, lift stations, manholes, storm drains, and
appurtenances.
4. Demolition associated with renovations/retrofits.
5. Scheduling work and subcontractors in harmony with the County's operations.
6. Estimating cost of future projects.
7. Repairs (urgent and non -urgent) of all types of underground infrastructure, including but not limited to
water mains, force mains, water services, backflows, lateral lines, gravity water mains, valves, and
hydrants.
8. Installation/repair/replacement/restoration/maintenance/excavation of stormwater management systems,
including but not limited to pipe and pipe fittings, manholes, junction boxes, structures, box culverts,
frames & grates, backflow preventers, pump stations, weirs, head walls, end walls, sea walls, boat ramps,
swales, ditches, canals, outfalls, dredging, pipe and structure cleaning and viewing, pipe lining, and all
associated miscellaneous work.
9. Repairs to service lines for various County departments, serving facilities such as parks, libraries and other
office buildings.
10. On -Call Urgent Services.
I. Required Licenses and Standards
Contractor must possess and maintain during the duration of the Agreement a State of Florida Underground Utility
and Excavation Contractor license or a General Contractors license. All work performed will meet or exceed
County Utility Technical Standards, see link below.
hMs://www colliercountvfl gov/your govemmentldivisions-f-r/public-utilities-planning-and-proiect-
manaszement/utilities-standards-manual
II. Payment and Performance Bonds
Projects over $200,000 shall have a payment and performance bond and shall be provided within ten (10) business
days after notification of award. The payment and performance bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to the County. The surety shall be rated as "A -"or
better as to general policy holders rating and Class V or higher rating as to financial size category. The amount
required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key
Rating Guide, published by A.M. Best Company, Inc., 75 Fulton Street, New York, NY 10038. Should the
contract amount be less than $500,000 the requirements of Section 287.0935, Florida Statutes shall govern the
rating and classification of the surety. All performance security under the subsequent contract shall be continued for
a six (6) month period beyond the final completion of the project.
If the surety for any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do
business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the contract
documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of
which shall be subject to County's approval.
Page 1 of 2
Exhibit A — Scope of Services
III. On -Call Urgent Services
Urgent work shall be defined as any work that is not scheduled. 24-hour availability is needed to complete on -call
urgent work. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1)
week period. Each awarded Contractor shall supply all County departments utilizing this contract with a minimum
of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work
rotation, which will be equally divided. The County Project Manager or designee will manage and maintain
rotation schedules such that a minimum of six (6) months of future equitable assignments are accessible to all
Contractors awarded. Urgent calls for assistance must be responded to with a Supervisor on site within 1 hour to
evaluate the job and crews, equipment, and if needed Maintenance of Traffic set up within 2.5 hours of the request
for assistance. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be
contacted. Any failure to provide coverage by a Contractor, may be subject to termination.
Rates for On -Call urgent services are outlined in Exhibit B- Fee Schedule.
IV. Price Methodology and Subcontractor Work
The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the
Contractor in their response to a specific request for quotation. The Contractor will be compensated for time and
material work or lump sum as applicable, including material and specialty equipment markup, either for urgent or
non- urgent work.
Markup for subcontractors shall be l 5%.
Markup for material shall be 10%
V. Distribution of Work
Quotes will be requested for each project. The procedure to be followed will be determined by the value of the project.
A. The procedure for projects with a value of $50,000 or less is outlined below:
1. A quote will be requested from one (1) of the awarded Contractors on a basis that ensures a relatively even
distribution of the work.
2. Contractor shall respond with the information and/or proposal sought within seven (7) calendar days.
3. Issuance of a Work Order by County.
B. Procedures for projects with a value of $50,000 to $1,000,000 areas follows:
1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of
liquidated damages may be specified in the request for quotation.
2. Contractor shall respond with the quote within ten (10) business days. The County's Project Manager or designee
will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest
quote.
3. Bonds are applicable for projects over $200,000.
4. Issuance of a Work Order by County.
S. Any project over $500,000 must be presented to the BCC for approval.
The Division requesting quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed
project basis.
The County reserves the right to waive any or all of these requirements if in the best interest of the County and to
separately solicit any job. The County reserves the right to supply all necessary parts for selected projects and repairs.
Page 2 of 2
Exhibit A — Scope of Services
❑■ following this page (pages 1 through
❑ this exhibit is not applicable
Exhibit B
Fee Schedule
Page 18 of 33
Multi -Contractor Award Agreement [2021_ver.1]
IFQ# 20-7800 "Underground Contractor Services"
EXHIBIT B
FEESCHEDULE
I. On -Call Urgent Services
Rates for On -Call urgent services are outlined in the attached.
II. Quotes for projects with a value of $50,000 or less shall utilize Time and Material Price Methodology based
off the attached rates.
III. Price Methodology and Subcontractor Work
Markup for subcontractors shall be 15%.
Markup for material shall be 10%
ours shall be Monday through Friday 7AM-4 PM, overtime hours shall be Friday through Monday 4PM-7AM as well as all day on
bcontractor work shall be strictly 15% markup and 10% for material. Any equipment rate shall be the same regardless of time and
7Su
harged for hours utilized. Any rentals shall be considered the same as subcontractor markup at 15%. A copy of the rental receipt
must be included with each invoice.
Description
Regular Hourly Rate
Overtime Hourly Rate
Superintendent
$72.00
$108.00
Laborer
$53.00
$69.00
Pipe Layer
$58.00
$76.00
Foremen
$65.00
$83.00
Project Manager
$88.00
$112.00
Operator
$60.00
$76.00
"Cranes"
Hourly Rates
16 Ton Grove Boom Truck Hyd-Diesel
$87.40
23 Ton Boom Truck Hyd Crane 45,000 GVW-Diesel
$93.15
35 Ton Boom Truck Hyd Crane - Diesel
$104.65
75 Ton -Link -Belt Rough Terrain Crane
$121.90
"Civil Equipment"
Hourly Rates
Low Boy
$155.25
32,000 lb Medium Loader
$89.70
25,000 lb Small Wheel Loader
$73.60
42,000 lb Size Large Loader
$97.75
Rubber Tire Size Back Hoe
$67.50
7.0 ton Excavator - small
$82.00
200 Komatsu Size Excavator
$96.60
Trailer 20-24 ft
$8.63
Compact size Loader
$55.20
Tractor/Loader/Ba c k hoe
$56.35
D4 Size Dozer w/6-way blade
$67.85
Portable Concrete Mixer
$23.00
Concrete Buggy 3/4 yard
$4.03
Concrete Buggy 1 yard
$4.60
Roller - soil
$60.00
Single Drum Vibratory Compactor
$39.10
Wacker Soil Compactor
$17.25
"Specialty Equipment"
Hourly Rates
Fork Lift (8000#)
$55.20
Lull (6000#)
$48.30
Gas Generator 5,000 watts
$8.05
Gas Generator 4,000 watts
$6.33
4" Gas Trash Pump
$26.00
185 CFM Portable Air Compressor w/ chicago hose and jack hammer
$45.00
2" submersible pump 25' discharge hose
$15.00
4" Hydraulic Pump
$34.00
6" Hydraulic Pump
$39.00
8" Hydraulic Pump
$58.00
3" submersible pump 25' discharge hose
$20.00
(9
Pump Truck - 4 Hr Min
$402.50
Concrete Saw
$2.75
Portable Welder AC/DC-CC/CU 225 amps
$11.50
Welder/Cables Gas 250 AMP
$13.80
Welder/Cables Electric 225 AMP
$13.80
Concrete Vibrator
$3.15
"Specialty Tools"
Hourly Rates
12" Gas Chop Saw
$6.33
Acety/Oxy Torch Cutting Outfit
$10.52
Confined Space Equip. w/Tripod
$11.50
Forced Air Blower
$5.75
Gas Power Pressure Washer 3000 PSIG
$14.95
Portable Light Tower w/ 4 Fixtures -gas powered
$10.35
Light Duty Manual Hoist 5 ton 20' height
$3.15
90# Breaker (includes bits)
$8.03
Hilti Hammer Drills (Bits included)
$6.62
Light Plant
$14.38
Arrow Board - Solar
$12.55
Trench Box w/ 6' Spreaders
$15.05
Trench Box w/ 8' Spreaders
$16.34
Road Plates
$12.50
"Vehicles"
Hourly Rates
Pick-up, 112 Ton, 4 x 2 Gas
$16.51
Pick-up 3/4 Ton EC 4 x 4 Gas
$20.70
Pick-up 1 Ton EC 4 x 4 - Gas
$18.42
Stake Truck with tools
$38.00
Dump Truck 12 yd. Diesel
$85.00
❑ this exhibit is not applicable
Exhibit C-1
PUBLIC PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
Principal, and
(Business Address)
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our
representatives, successors and assigns, jointly and severally.
Bond No.
Contract No
as
as Surety, located at
are held and firmly bound
heirs, executors, personal
WHEREAS, Principal has entered into a contract dated as of the _day of 20_
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties' obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name of under -signed representative, pursuant to authority of its governing
body.
Page 19 of 33
Multi -Contractor Award Agreement [2021_ver.1]
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
"01 121. .
By: _
Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this of 20 , by , as
OF— a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
(Signature of Notary Public -State of Florida)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
•o
Page 20 of 33
Multi -Contractor Award Agreement [2021_ver.1]
0A0
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF _
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this of 20 , by , as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public -State of Florida)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 21 of 33
Multi -Contractor Award Agreement [2021_ver.1]
❑ this exhibit is not applicable
EXHIBIT C-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20 , with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications
referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any
such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
Page 22 of 33
Multi -Contractor Award Agreement [2021_ver.1]
DO
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this of 20 , by , as
Of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public -State of Florida)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 23 of 33
Multi -Contractor Award Agreement [2021_ver.1]
0��
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this of 20 , by , as
of a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public -State of Florida)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page 24 of 33
Multi -Contractor Award Agreement [2021_ver.1]
0A0
❑ this exhibit is not applicable
EXHIBIT D
RELEASE AND AFFIDAVIT FORM
COUNTY OF ( )
STATE OF ( )
Before me, the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated 1 20 for the period from
to . This partial waiver and release is conditioned upon payment of
the consideration described above. It is not effective until said 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 be sued or for which a lien or a demand
against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or
other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this
Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
Witness
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this of 20 , by , as
OF— a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public -State of Florida)
NAME:
(Legibly Printed)
Notary Public, State of
Commissioner No.:
Page 25 of 33
Multi -Contractor Award Agreement [2021_ver.1j
eo
❑ this exhibit is not applicable
EXHIBIT E
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER) Application Date
FROM:
RE
Original Contract Time:
Revised Contract Time:
;Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Retainage @ 10% thru [insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued
Payment Application No.
for Work accomplished through the Date:
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Name)
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered
1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered
by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests
and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work
which previous payments were issued and received from the OWNER and that current payment is now due; (4) and
CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised
contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
(Contractor's Name)
(Signature)
DA
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
DATE:
(DP's Name)
(Signature)
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE: _
(Type Name and Title)
Page 26 of 33
Multi -Contractor Award Agreement [2021_ver.11
ec�
❑ this exhibit is not applicable
EXHIBIT F
CHANGE ORDER
❑ Contract Modification ❑ Work Order Modification
Contract #: I I Change #: = Purchase Order #:I = Project #:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.001 #DIV/01 Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and
/ or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the
impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by:
(Project Manager Name and Division)
Date:
Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance.
The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor /
Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable)
Approved by:
Approved by:
(Design Professional and Name of Firm, if project applicable)
(Procurement Professional
Page 27 of 33
Date:
Date:
Multi -Contractor Award Agreement [2021_ver.1]
❑ this exhibit is not applicable
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For _
Contract Date
EXHIBIT G
CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER'S Project No.
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list shall
be completed or corrected by CONTRACTOR within days of the above date of Substantial
Completion.
Page 28 of 33
Multi -Contractor Award Agreement [2021_ver.1
F-0
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACT OR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with
the Contract Documents.
Executed by Design Professional on 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20_
OWNER
By:
Type Name and Title
Page 29 of 33
Multi -Contractor Award Agreement [2021_ver.1 ]
❑ this exhibit is not applicable
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
ENGINEER'S Project No.
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The warranty in Exhibit I is attached to and made a part of this Certificate:
Page 30 of 33
Multi -Contractor Award Agreement [2021_ver.1]
Executed by Design Professional on
20_
Design Professional
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
Type Name and Title
Page 31 of 33
Multi -Contractor Award Agreement [2021_ver.1]
(9
❑■ this exhibit is not applicable
EXHIBIT I
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the
undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and
executed under the contract either directly performed by the CONTRACTOR or at the express
request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be
free of all defects of materials and workmanship for a period of one year from the DATE OF
FINAL COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written
demand by the COUNTY. It is further understood that further consideration for this warranty
and guaranty is the consideration given for the requirement pursuant to the general conditions
and specifications under which the contract was let that such warranty and guaranty would be
given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work
performed under the contract and does not constitute a waiver of any rights provided pursuant
to Florida Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page 32 of 33
Multi -Award Agreement 2017.006 Ver.l
Other Exhibit/Attachment
Description:
❑ following this page (pages through )
❑■ this exhibit is not applicable
Page 33 of 33
Multi -Award Agreement 2017.006 Ver,1
AC"RD' CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
5/25/2021
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Karen Salamon
HNEVTC t248) 530-3234 AC NO; (298)928-3 41
o Ext: FAX
AICO No,
Insurance Group
ADDRESS: ksalamon@vtcins.com
Troy Office
INSURERS AFFORDING COVERAGE
NAIC#
1175 W. Long Lake Ste. 200
INSURERA:Amerisure Mutual Insurance Co.
23396
Troy MI 48098-4960
INSURED
INSURER B: Underwriters At Lloyd's
15792
INSURERC:
PWC Joint Venture, LLC
INSURER D:
Public Works Constructors, LLC
INSURER E:
5256 Summerlin Commons Way, Ste 203
INSURER F:
Fort Myers FL 33907
COVERAGES CERTIFICATE NUMBER:20-21 PWC Joint 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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
SUER
POLICY NUMBER
POLICY EFF
MMIDDfYYYY
POLICY EXP
MMIDDNYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
CLAIMS -MADE �X OCCUR
DAMAGE TO
PREMISES Ea occurrrrence
$ 100,000
X
MED EXP (Any one person)
$ 5,000
X,C,U
X
Y
CPP2105463
6/24/2020
10/30/2021
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
GENERAL AGGREGATE
$ 2,000,000
POLICY JE� F7LOC
PRODUCTS - COMP/OP AGG
$ 2, 000, 000
$
OTHER.
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
A
X ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X
y
CA2101786
6/24/2020
10/30/2021
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident)$
NON -OWNED
X HIRED AUTOS E AUTOS
PIP -Basic
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 7,000,000
AGGREGATE
$ 7,000,000
A
EXCESS LIAB
CLAIMS -MADE
DED I X I RETEN-
$
I
CU2101790
6/24/2020
10/30/2021
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ENP000291003
X PER OTH-
STATUTE ER
A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N❑
(Mandatory in NH)
N I A
y
WC2101789
6/24/2020
10/30/2021
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE- EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
B
Contractors Pollution
ENP000291003
6/24/2020
10/30/2021
$1,000,000 Occr 2,000,000 Aggr
A
Leased & Rented Equipment
CPP2105463
6/24/2020
10/30/2021
Limit 300,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Project: #20-7800, Underground Contractor Services. Where required by written contract, Collier County
Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County
Government are add'l insured for General Liability (GL) as respects ongoing & completed operations on a
primary & non-contributory basis for work performed by the named insured and additional insured as
respects to Auto Liability. Primary Non -owned watercraft liability up 75 ft length $1,000,000. US L&H
included. Jones Actto beincluded for WC as needed.
CERTIFICATE HOLDER CANCELLATION
Caroline.Blevins@colliercount
Collier County Board of County
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
an Chandler/DPANZI (G�Fiv� d.,V0
U 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
PWC Joint Venture,LLC
Policy #CPP2105463
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION
PROVIDED BY US
Number of Days Notice 30
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation is increased to the
number of days shown in the Schedule above.
If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the
number of days notice shown above.
Schedule
Name of Person or Organization
COLLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, C/O PUBILIC UTILITIES ENGINEERING &
PROJECT
Mailing Address
3339 TAMIAMI TRAIL EAST SUITE 303
NAPLES, FL 34112-5361
IL 70 45 05 07
PWC Joint Venture, LLC
Policy #CPP2105463
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA
CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT
TABLE OF CONTENTS
Page
1.
Additional Definitions
9
2.
Aggregate Limits Per Location
7
3.
Aggregate Limits Per Project
7
4.
Blanket Contractual Liability — Railroads
3
5.
Broadened Bodily Injury Coverage
11
6.
Broadened Knowledge Of Occurrence
8
7.
Broadened Legal Liability Coverage For Landlord's Business Personal Property
8
8.
Broadened Liability Coverage For Damage To Your Product And Your Work
10
9.
Broadened Who Is An Insured
3
10.
Contractual Liability — Personal And Advertising Injury
3
11.
Damage To Premises Rented To You — Specific Perils and Increased Limit
7
12.
Designated Completed Projects — Amended Limits of Insurance
11
13.
Incidental Malpractice Liability
7
14. Increased Medical Payments Limit And Reporting Period
7
15.
Mobile Equipment Redefined
9
16.
Nonowned Watercraft And Nonowned Aircraft Hired, Rented Or Loaned With Paid Crew
3
17.
Product Recall Expense
2
18.
Property Damage Liability — Alienated Premises
2
19.
Property Damage Liability — Elevators And Sidetrack Agreements
2
20.
Property Damage Liability — Property Loaned To The Insured Or Personal Property In The Care,
Custody And Control Of The Insured
2
21.
Reasonable Force — Bodily Injury or Property Damage
10
22.
Supplementary Payments
3
23. Transfer Of Rights Blanket Waiver Of Subrogation)
9
24. Unintentional Failure To Disclose Hazards
8
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 1 of 11
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS, provisions 1. through 6. of this endorsement are excess over any valid and collectible insurance
(including any deductible) available to the insured, whether primary, excess or contingent (SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is changed accordingly).
Provisions 1. through 6. of this endorsement amend the policy as follows:
1. PROPERTY DAMAGE LIABILITY — ALIENATED PREMISES
A. Exclusion j. Damage to Property, paragraph (2) is deleted.
B. The following paragraph is also deleted from Exclusion j. Damage to Property:
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
2. PROPERTY DAMAGE LIABILITY — ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators.
B. Exclusion k. Damage to Your Product does not apply to:
The use of elevators; or
2. Liability assumed under a sidetrack agreement.
3. PROPERTY DAMAGE LIABILITY— PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY
IN THE CARE, CUSTODY AND CONTROL OF THE INSURED
A. Exclusion j. Damage to Property, paragraphs (3) and (4) are deleted.
B. Coverage under this provision 3. does not apply to "property damage" that exceeds $25,000 per
occurrence or $25,000 annual aggregate.
4. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall
expenses" that you incur for the "covered recall' of "your product'. This exception to the exclusion does
not apply to "product recall expenses" resulting from:
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval;
4. Redistribution or replacement of "your product', which has been recalled, by like products or
substitutes;
5. Caprice or whim of the insured;
6. A condition likely to cause loss, about which any insured knew or had reason to know at the
inception of this insurance;
7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing
materials;
8. Recall of "your product(s)" that have no known or suspected defect solely because a known or
suspected defect in another of "your product(s)" has been found.
B. Under SECTION III — LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8. is added:
3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of:
Includes copyrighted material of Insurance Services Office, Inc.
Page 2 of 11 CG 72 89 04 17
a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
because of "bodily injury" and "property damage" included in the "products -completed
operations hazard" and
b. "Product recall expenses".
8. Subject to paragraph 5. above [of the CGL Coverage Form], $25,000 is the most we will pay for all
"product recall expenses" arising out of the same defect or deficiency.
5. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID
CREW)
Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following:
[This exclusion does not apply to:]
(2) A watercraft you do not own that is:
(a) Less than 75 feet long; and
(b) Not being used to carry any person or property for a charge;
Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows:
[This exclusion does not apply to:]
(6) An aircraft you do not own, provided that:
(a) 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;
(b) The aircraft is rented to you with a trained, paid crew; and
(c) The aircraft is not being used to carry any person or property for a charge.
6. BLANKET CONTRACTUAL LIABILITY — RAILROADS
Under SECTION V — DEFINITIONS, paragraph c. of "Insured Contract" is deleted and replaced by the
following:
c. Any easement or license agreement;
'Under SECTION V — DEFINITIONS, paragraph f.(1) of "Insured Contract" is deleted.
7. CONTRACTUAL LIABILITY- PERSONAL AND ADVERTISING INJURY
Under SECTION I - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted.
8. SUPPLEMENTARY PAYMENTS
Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and 1.d.
are deleted and replaced with the following:
b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.
9. BROADENED WHO IS AN INSURED
SECTION II — WHO IS AN INSURED is deleted and replaced with the following:
1. If you are designated in the Declarations as:
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 3 of 11
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business
of which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses
are also insureds, but only with respect to the conduct of your business.
C. A limited liability company, you are an insured. Your members are also insureds, but only with
respect to the conduct of your business. Your managers are insureds, but only with respect to their
duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an
insured. Your "executive officers" and directors are insureds, but only with respect to their duties as
your officers or directors. Your stockholders are also insureds, but only with respect to their liability
as stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your business, or
your "employees," other than either your "executive officers," (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. However, none of these "employees" or "volunteer workers"
are insured for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your
members (if you are a limited liability company), to a co -"employee" while in the course of
his or her employment or performing duties related to the conduct of your business, or to
your other "volunteer workers" while performing duties related to the conduct of your
business;
(b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker"
as a consequence of paragraph (1)(a) above;
(C) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraphs (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services
except as provided in provision 10. of this endorsement.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or control of, or over which physical control is being
exercised for any purpose by
you, any of your "employees," "volunteer workers", any partner or member (if you are a
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker'), or any organization while acting as
your real estate manager.
C. Any person or organization having proper temporary custody of your property if you die, but only;
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
d. Your legal representative if you die, but only with respect to duties as such. That representative will
have all your rights and duties under this Coverage Form.
Includes copyrighted material of Insurance Services Office, Inc.
Page 4 of 11 CG 72 89 04 17
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this
policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
Any person or organization, including any manager, owner, lessor, mortgagee, assignee or receiver
of premises, to whom you are obligated under a written contract to provide insurance such as is
afforded by this policy, but only with respect to liability arising out of the ownership, maintenance or
use of that part of any premises or land leased to you, including common or public areas about such
premises or land if so required in the contract.
However, no such person or organization is an insured with respect to:
(1) Any 'occurrence" that takes place after you cease to occupy or lease that premises or land; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such person or organization.
g. Any state or political subdivision but only as respects legal liability incurred by the state or political
subdivision solely because it has issued a permit with respect to operations performed by you or on
your behalf.
However, no state or political subdivision is an insured with respect to:
(1) "Bodily injury", "property damage", and "personal and advertising injury" arising out of
operations performed for the state or municipality; or
(2) "Bodily injury" or "property damage" included within the "products -completed operations
hazard."
h. Any person or organization who is the lessor of equipment leased to you to whom you are obligated
under a written contact to provide insurance such as is afforded by this policy, but only with respect
to their liability arising out of the maintenance, operation or use of such equipment by you or a
subcontractor on your behalf with your permission and under your supervision.
However, no such person or organization is an insured with respect to any 'occurrence" that takes
place after the equipment lease expires.
i. Any architect, engineer, or surveyor engaged by you under a written contract but only with respect to
liability arising out of your premises or "your work."
However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property
damage," or "personal and advertising injury" arising out of the rendering of or the failure to render
any professional services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; or
(2) Supervisory, inspection, or engineering services.
This paragraph i. does not apply if a separate Additional Insured endorsement providing liability
coverage for architects, engineers, or surveyors engaged by you is attached to the policy.
If the written contract, written agreement, or certificate of insurance requires primary and non-contributory
coverage, the insurance provided by paragraphs f. through I. above will be primary and non-contributory
relative to other insurance available to the additional insured which covers that person or organization as
a Named Insured, and we will not share with that other insurance.
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 5 of 11
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company and over which you maintain ownership or majority interest, will qualify as a Named Insured if
there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded until the end of the policy period.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
or formed the organization.
C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed under a written contract
to provide insurance is an insured, but only with respect to "bodily injury" or "property damage" arising out
of "your products" that are distributed or sold in the regular course of the vendor's business.
However, no such person or organization is an insured with respect to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement.
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in "your product" made intentionally by the vendor;
d. Repackaging, 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 such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of "your products";
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of "your product";
g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor.
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor 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. orf.; or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale
of the products.
This paragraph 4. does not apply to any insured person or organization from which you have acquired
"your product", or any ingredient, part, or container, entering into, accompanying or containing "your
product". This paragraph 4. also does not apply if a separate Additional Insured endorsement, providing
liability coverage for "bodily injury" or "property damage" arising out of "your product" that is distributed or
sold in the regular course of a vendor's business, is attached to the policy.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations.
Includes copyrighted material of Insurance Services Office, Inc.
Page 6 of 11 CG 72 89 04 17
10. INCIDENTAL MALPRACTICE LIABILITY
As respects provision 9., SECTION II — WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any
"employee" who provides incidental medical or paramedical services, provided that you are not engaged in the
business or occupation of providing such services. This incidental malpractice coverage is excess over any
available medical professional liability coverage.
Under SECTION III — LIMITS OF INSURANCE, provisions 11. through 14. of this endorsement amend the policy
as follows:
11. AGGREGATE LIMITS PER PROJECT
The General Aggregate Limit applies separately to each of your construction projects away from premises
owned by or rented to you.
12. AGGREGATE LIMITS PER LOCATION
The General Aggregate Limit applies separately to each of your locations, but only when required by written
contract, written agreement or certificate of insurance. As respects this provision 12., your locations are
premises you own, rent or use involving the same or connecting lots or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad. However, your locations do not
include any premises where you, or others acting on your behalf, are performing construction operations.
13. INCREASED MEDICAL PAYMENTS LIMIT
A. SECTION III — LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the
terms of SECTION III — LIMITS OF INSURANCE and is the greater of:
$10,000; or
2. The amount shown in the Declarations for Medical Expense Limit.
B. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the
provisions of the Coverage Form or by endorsement.
14. DAMAGE TO PREMISES RENTED TO YOU — SPECIFIC PERILS AND INCREASED LIMIT
A. The word fire is changed to "specific perils" where it appears in:
The last paragraph of SECTION I — COVERAGE A, paragraph 2. Exclusions;
2. SECTION IV, paragraph 4.b. Excess Insurance.
B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the
same event, whether such damage results from a "specific peril' or any combination of "specific perils."
C. The Damage To Premises Rented To You Limit described in SECTION III — LIMITS OF INSURANCE,
paragraph 6., is replaced by a new limit, which is the greater of:
$1,000,000; or
2. The amount shown in the Declarations for Damage To Premises Rented To You Limit.
D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTIONI —
COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement.
E. "Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water
damage".
"Water damage" means accidental discharge or leakage of water or steam as the direct result of the
breaking or cracking of any part of a system or appliance containing water or steam.
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 7 of 11
15. BROADENED LEGAL LIABILITY COVERAGE FOR LANDLORD'S BUSINESS PERSONAL PROPERTY
Under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, j. Damage to Property, the first paragraph following paragraph (6) is deleted and replaced with
the following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to
a landlord's business personal property that is subject to, or part of, a premises lease or rental agreement with
that landlord.
The most we will pay for damages under this provision 15. is $10,000. A $250 deductible applies.
Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 16. through 18. of this
endorsement amend the policy as follows:
16. BROADENED KNOWLEDGE OF OCCURRENCE
Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced
and paragraphs e. and f. are added as follows:
a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense,
regardless of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by
your "employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members,
"executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for
which coverage is provided by this Coverage Form, failure to report such an "occurrence" to us at the
time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However,
you shall give written notice of this "occurrence" to us as soon you become aware that this "occurrence"
may be a liability claim rather than a workers compensation claim.
f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that
may result in "product recall expense":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of "your product" and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could
be a cause of loss under the insurance.
17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph 6. Representations is deleted and replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us;
c. We have issued this policy in reliance upon your representations; and
d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this
policy.
Includes copyrighted material of Insurance Services Office, Inc.
Page 8 of 11 CG 72 89 04 17
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards
existing as of the inception date of this policy. You must report to us any knowledge of an error or
omission in the description of any premises or operations intended to be covered by this Coverage Form
as soon as practicable after its discovery. However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or nonrenewal.
18. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION)
Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the
insured has waived rights to recover through a written contract, or if "your work" was commenced under a
letter of intent or work order, subject to a subsequent reduction to writing with customers whose
customary contracts require a waiver, we waive any right of recovery we may have under this Coverage
Form.
19. MOBILE EQUIPMENT REDEFINED
Under SECTION V — DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to
self-propelled vehicles of less than 1,000 pounds gross vehicle weight.
20. ADDITIONAL DEFINITIONS
1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition:
"Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury,"
"property damage," or "personal and advertising injury," including "personal and advertising injury"
offenses that take place through the Internet or similar electronic means of communication provided the
insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V — DEFINITIONS is amended by the addition of the following definitions:
"Covered recall" means a recall made necessary because you or a government body has determined that
a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has
resulted or will result in "bodily injury" or "property damage".
"Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are
related to the recall or withdrawal of "your product" for:
a. Telephone and telegraphic communication, radio or television announcements, computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcements and postage or facsimiles;
C. Remuneration paid to regular employees for necessary overtime or authorized travel expense;
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
Packaging of or transportation or shipping of defective products to the location you designate; and
g. Disposal of "your products" that cannot be reused. Disposal expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process
such product; and
(2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary
to avoid "bodily injury" or "property damage".
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 9 of 11
21. REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE
Under SECTION I - COVERAGE A., paragraph 2. Exclusions, subparagraph a. Expected Or Intended
Injury is deleted and replaced with the following:
[This insurance does not apply toJ
a. 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.
22. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK
A. Under SECTION I -COVERAGE A., paragraph 2. Exclusions, exclusion k. Damage to Your Product
and exclusion I. Damage to Your Work are deleted and replaced with the following:
[This insurance does not apply to:]
k. Damage to Your Product
"Property damage" to "your product' arising out of it or any part of it, except when caused by or
resulting from:
(1) Fire;
(2) Smoke:
(3) "Collapse"; or
(4) Explosion.
For purposes of exclusion k. above, "collapse" means an abrupt falling down or caving in of a
building or any part of a building with the result that the building or part of the building cannot be
occupied for its intended purpose.
I. Damage to Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the
"products -completed operations hazard". This exclusion does not apply:
(1) If the damaged work or the work out of which the damage arises was performed on your behalf
by a subcontractor; or
(2) If the cause of loss to the damaged work arises as a result of:
(a) Fire;
(b) Smoke;
(c) "Collapse"; or
(d) Explosion.
For purposes of exclusion I. above, "collapse" means an abrupt falling down or caving in of a
building or any part of a building with the result that the building or part of the building cannot be
occupied for its intended purpose.
B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE:
Subject to 5. above [of the CGL Coverage Form], $100,000 is the most we will pay under Coverage A for
the sum of damages arising out of any one `occurrence" because of "property damage" to "your product'
and "your work" that is caused by fire, smoke, collapse or explosion and is included within the
"product -completed operations hazard". This sublimit does not apply to "property damage" to "your work"
if the damaged work, or the work out of which the damage arises, was performed on your behalf by a
subcontractor.
Includes copyrighted material of Insurance Services Office, Inc.
Page 10 of 11 CG 72 89 04 17
23. BROADENED BODILY INJURY COVERAGE
Under SECTION V — DEFINITIONS, the definition of "bodily injury" is deleted and replaced with the following:
3. "Bodily injury"
a. Means physical:
(1)
Injury;
(2)
Disability;
(3)
Sickness; or
(4)
Disease;
sustained by a person, including death resulting from any of these at any time.
b. Includes mental:
(5) Anguish;
(6) Injury;
(7) Humiliation;
(8) Fright; or
(9) Shock;
directly resulting from any "bodily injury" described in paragraph 3.a.
C. All "bodily injury" described in paragraph 3.b. shall be deemed to have occurred at the time the
"bodily injury" described in paragraph 3.a. occurred.
24. DESIGNATED COMPLETED PROJECTS — AMENDED LIMITS OF INSURANCE
When a written contract or written agreement between you and another party requires project -specific limits of
insurance exceeding the limits of this policy;
A. for "bodily injury" or "property damage" that occurs within any policy period for which we provided
coverage; and
B. for "your work" performed within the "products -completed operation hazard"; and
C. for which we previously issued Amendment Of Limits Of Insurance (Designated Project Or Premises) CG
71 94 either during this policy term or a prior policy term; and
D. that designated project is now complete;
the limits of insurance shown in the CG 71 94 schedule will replace the limits of insurance of this policy for the
designated project and will continue to apply for the amount of time the written contract or written agreement
requires, subject to the Florida 10-year statute of repose. These limits are inclusive of and not in addition to
the replaced limits.
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 11 of 11
PWC Joint Venture, LLC
POLICY NUMBER: CU 2101790
COMMERCIAL LIABILITY UMBRELLA
CU 24 03 09 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT OR CERTIFICATE OF INSURANCE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is
amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the "products -completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
CU 24 03 09 00 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 1 0
PWC Joint Venture, LLC
Policy #CU2101790
COMMERCIAL LIABILITY UMBRELLA
CU 74 67 0810
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY/NON-CONTRIBUTORY
COVERAGE WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN
AGREEMENT, OR CERTIFICATE OF INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
All policy terms apply except as stated below.
Under SECTION II — WHO IS AN INSURED, the following is added to paragraph 3:
If coverage provided to any additional insured is required by a written contract, written agreement, or
certificate of insurance, we will provide coverage to the additional insured on a primary basis without
contribution from any other valid and collectible insurance available to the additional insured.
Under SECTION IV— CONDITIONS, paragraph 5. Other Insurance does not apply to coverage provided by
this endorsement.
Includes copyrighted material of Insurance Services Office, Inc.
CU 74 67 0810
PWC Joint Venture, LLC
Policy # CA2101786
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA ADVANTAGE
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
bythe endorsement.
The premium for this endorsement is . $350. 00
1. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS -CANCELLATION, Paragraph A.2. is replaced by the following:
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation
at least:
10 days before the effective date of cancellation if we cancel for nonpayment of premium; or
b. 60 days before the effective date of cancellation if we cancel for any other reason.
2. BROAD FORM INSURED
SECTION II - LIABILITY COVERAGE A.1. WHO IS AN INSURED is amended by the addition of the following:
d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured.
However,
(1) Coverage under this provision is afforded only until the end of the policy period;
(2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the
organization; and
(3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an
"insured" but for its termination or the exhausting of its limit of insurance.
e. Any "employee" of yours using:
(1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or
a member of his or her household, while performing duties related to the conduct of your business or
your personal affairs; or
(2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your
permission, while performing duties related to the conduct of your business. However, your
"employee" does not qualify as an insured under this paragraph (2) while using a covered "auto"
rented from you or from any member of the "employee's" household.
f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire, or
borrow, while performing duties related to the conduct of your business or your personal affairs.
g. Any person or organization with whom you agree in a written contract, written agreement or permit, to
provide insurance such as is afforded under this policy, but only with respect to your covered "autos".
This provision does not apply:
(1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury"
or "property damage";
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 7105 08 Page 1 of 6
(2) To any person or organization included as an insured by an endorsement or in the Declarations; or
(3) To any lessor of "autos" unless:
(a) The lease agreement requires you to provide direct primary insurance for the lessor;
(b) The "auto" is leased without a driver; and
(c) The lease had not expired.
Leased "autos" covered under this provision will be considered covered "autos" you own and not covered
"autos" you hire.
h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on
the effective date of this endorsement.
This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an
insured under any other automobile policy or would be an insured under such a policy, but for its
termination or the exhaustion of its limits of insurance, unless such policywas written to apply specifically
in excess of this policy.
3. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS
Under SECTION I I - LIABILITY COVERAGE, A.2.a. Supplementary Payments, paragraphs (2) and (4) are
deleted and replaced with the following:
(2) Up to $2500 for the cost of bail bonds (including bonds for related traffic law violations) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to
$500 a day because of time off from work.
4. AMENDED FELLOW EMPLOYEE EXCLUSION
SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. FELLOW EMPLOYEE is deleted and
replaced bythe following:
"Bodily injury" to anyfellow "employee" of the "insured" arising out of and in the course of the fellow
"employee's" employment or while performing duties related to the conduct of your business. However, this
exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the
use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance.
5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE
A. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added:
If any of your owned covered "autos" are covered for Physical Damage, we will provide Physical Damage
coverage to "autos" that you or your "employees" hire or borrow, under your name or the "employee's"
name, for the purpose of doing your work. We will provide coverage equal to the broadest physical
damage coverage applicable to any covered "auto" shown in the Declarations, Item Three, Schedule of
Covered Autos You Own, or on any endorsements amending this schedule.
B. Under SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b.
Loss of Use Expenses is deleted and replaced with the following:
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental
contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided
for any covered "auto";
(2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss
Coverage is provided for any covered "auto"; or
Includes copyrighted material of Insurance Services Office, Inc.
Page 2 of 6 CA 71 71 05 08
(3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered
"auto".
However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of
$2,000.
C. Under SECTION IV— BUSINESS AUTO CONDITIONS, paragraph 5.b. Other Insurance is deleted and
replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in that individual
"employee's" name, with your permission, while performing duties related to the conduct of your
business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor
is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if
you are a limited liability company), or members of their households.
6. LOAN OR LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, the following is added:
If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the
event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less:
(a) The amount paid under the Physical Damage Coverage Section of the policy; and
(b) Any:
(1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue
payments at the time of the "loss";
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance
purchased with the loan or lease;
(4) Security deposits not refunded by lessor; and
(5) Carry-over balances from previous loans or leases.
7. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, paragraph 4. Coverage Extensions is
deleted and replaced by the following:
4. Coverage Extensions
(a) We will pay up to $75 per day to a maximum of $2000 for transportation expense incurred by you
because of covered "loss". We will pay only for those covered "autos" for which you carry Collision
Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay
for transportation expenses incurred during the period beginning 24 hours after the covered "loss"
and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we
pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a
covered "auto". No deductibles apply to this coverage.
(b) This coverage does not apply while there is a spare or reserve "auto" available to you for your
operation.
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 71 05 08 Page 3 of 6
8. AIRBAG COVERAGE
SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following:
We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is
covered by this insurance:
a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include
the discharge of an airbag.
b. Blowouts, punctures or other road damage to tires.
9. GLASS REPAIR -WAIVER OF DEDUCTIBLE
SECTION III - PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following:
No deductible applies to glass damage.
10. COLLISION COVERAGE —WAIVER OF DEDUCTIBLE
SECTION III - PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following:
When there is a "loss" to your covered "auto" insured for Collision Coverage, no deductible will apply if the
"loss" was caused by a collision with another "auto" insured by us.
11. KNOWLEDGE OF ACCIDENT
SECTION IV - BUSINESS AUTO CONDITIONS, A. LOSS CONDITIONS, 2. DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS, paragraph a. is deleted and replaced by the following:
a. You must see to it that we are notified as soon as practicable of an "accident", claim, "suit" or "loss".
Knowledge of an "accident", claim, "suit" or "loss" by your "employees" shall not, in itself, constitute
knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you
are a limited liability company) has knowledge of the "accident", claim, "suit" or "loss". Notice should
include:
(1) How, when and where the "accident" or "loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION)
SECTION IV - BUSINESS AUTO CONDITIONS A.S. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US is deleted and replaced by the following:
If any person or organization to or for whom we make payment under this Coverage Form has rights to recover
damages from another, those rights are transferred to us. That person or organization must do everything
necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the
insured has waived rights to recover through a written contract, or if your work was commenced under a letter
of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts
require a waiver, we waive any right of recovery we may have under this Coverage Form.
13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 2. CONCEALMENT,
MISREPRESENTATION OR FRAUD is amended by the addition of the following:
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing
as of the inception date of this policy. You must report to us any knowledge of an error or omission in your
representations as soon as practicable after its discovery. This provision does not affect our right to collect
additional premium or exercise our right of cancellation or non -renewal.
Includes copyrighted material of Insurance Services Office, Inc.
Page 4 of 6 CA 71 71 05 08
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SCHEDULE
Description of Covered "Auto':
Limit of Insurance Deductible
$500 $250
A. Coverage
We will pay, with respect to a covered "auto" described in the above Schedule, for "loss" to any
electronic equipment that receives or transmits audio, visual or data signals and that is not designed
solely for the reproduction of sound. This coverage applies only if the equipment is permanently
installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing
unit that is permanently installed in the covered "auto" at the time of "loss", and such equipment is
designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the
covered "auto".
2. We will pay, with respect to a covered "auto" described in the above Schedule, for "loss" to any
accessories used with the electronic equipment described in paragraph A.1. above. However, this
does not include tapes, records or discs.
B. Exclusions
For purposes of this provision 14, the exclusions that apply to Physical Damage Coverage, except for the
exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided by this
endorsement. In addition, the following exclusions apply:
We will not pay, under this endorsement, for either any electronic equipment or accessories used with
such electronic equipment that is:
Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"
operating system; or
2. Both:
a. An integral part of the same unit housing any sound reproducing equipment designed solely for
the reproduction of sound if the sound reproducing equipment is permanently installed in the
covered "auto"; and
b. Permanently installed in the opening of the dash or console normally used by the manufacturer
for the installation of a radio.
3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or
a jamming apparatus intended to elude or disrupt speed measurement equipment, whether
permanently installed or temporarily mounted in or on the covered "auto".
C. Limit of Insurance
With respect to coverage under provision 14. of this endorsement, the Limit of Insurance provision of
Physical Damage Coverage is replaced by the following:
1. The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories
used with this equipment, as described in paragraph A. above, as a result of any one "accident", is
the lesser of:
a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or
b. The cost of repairing or replacing the damaged or stolen property with other property of like kind
and quality; or
C. The amount shown in the Schedule.
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 71 05 08 Page 5 of 6
2. An adjustment for depreciation and physical condition will be made in determining actual cash value
at the time of the "loss".
3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of
betterment.
D. Deductible
1. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment, as
described in paragraph A. above, is the result of a "loss" to the covered "auto" under this Coverage
Form's Comprehensive or Collision Coverage, then for each covered "auto" our obligation to pay for,
repair, return or replace damaged or stolen property will be reduced by the applicable deductible
shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does
not apply to "loss" to audio, visual or data electronic equipment caused byfire or lightning.
2. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment, as
described in paragraph A. above, is the result of a "loss" to the covered "auto" under this Coverage
Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for,
repair, return or replace damaged or stolen property will be reduced bythe applicable deductible
shown in the Schedule of this endorsement.
3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this
equipment, as described in paragraph A. above, then for each covered "auto" our obligation to pay
for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible
shown in the Schedule of this endorsement.
4. In the event that there is more than one applicable deductible, only the highest deductible will apply.
In no event will more than one deductible apply.
E. When This Provision Becomes Void
This provision, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99
60, Audio, Visual And Data Electronic Equipment Coverage, is attached to the policy.
Includes copyrighted material of Insurance Services Office, Inc.
Page 6 of 6 CA 7171 05 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT -
FORM A
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number
CPP21054630202
Agency Number
0125253
Policy Effective Date
06/24/2020
Policy Expiration Date
Date
Account Number
06/24/2020 )
' 06/24/21
20064367
Named Insured
Agency
Issuing Company
PWC JOINT VENTURE, LLC
V T C INSURANCE GROUP
AMERISURE MUTUAL INSURANCE
COMPANY
1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or
organization:
(1) Whom you are required to add as an additional insured on this policy under a written contract or
written agreement relating to your business; or
(2) Who is named as an additional insured under this policy on a certificate of insurance.
b. The written contract, written agreement, or certificate of insurance must:
(1) Require additional insured status for a time period during the term of this policy; and
(2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury"
leading to a claim under this policy.
c. If, however:
(1) "Your work" began under a letter of intent or work order; and
(2) The letter of intent or work order led to a written contract or written agreement within 30 days of
beginning such work; and
(3) Your customer's customary contracts require persons or organizations to be named as additional
insureds;
we will provide additional insured status as specified in this endorsement.
2. The insurance provided under this endorsement is limited as follows:
a. That person or organization is an additional insured only with respect to liability caused, in whole or in
part, by:
(1) Premises you:
(a) Own;
(b) Rent;
(c) Lease; or
(d) Occupy;
(2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to
"bodily injury" or "property damage" occurring after:
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 4810 15 Pages 1 of 4
(a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the
covered operations is complete, including related materials, parts or equipment (other than
service, maintenance or repairs); or
(b) That portion of "your work" out of which the injury or damage arises is put to its intended use by
any person or organization other than another contractor working for a principal as a part of the
same project.
(3) Completed operations coverage, but only if:
(a) The written contract, written agreement, or certificate of insurance requires completed
operations coverage or "your work" coverage; and
(b) This coverage part provides coverage for "bodily injury" or "property damage" included within
the "products -completed operations hazard".
However, the insurance afforded to such additional insured only applies to the extent permitted by law.
b. If the written contract, written agreement, or certificate of insurance:
(1) Requires "arising out of language; or
(2) Requires you to provide additional insured coverage to that person or organization by the use of
either or both of the following:
(a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 10 01; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG
20 37 10 01;
then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'.
C. If the written contract, written agreement, or certificate of insurance requires you to provide additional
insured coverage to that person or organization by the use of:
(1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 07 04 or CG 20 10 04 13; or
(2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20
37 07 04 or CG 20 37 04 13; or
(3) Both those endorsements with either of those edition dates; or
(4) Either or both of the following:
(a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization
endorsement CG 20 10 without an edition date specified; or
(b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG
20 37 without an edition date specified;
then paragraph 2.a. above applies.
d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if
so required in the written contractor written agreement.
e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend
beyond the end of a premises lease or rental agreement.
If. The limits of insurance that apply to the additional insured are the least of those specified in the:
(1)
Written contract;
(2)
Written agreement;
(3)
Certificate of insurance; or
(4)
Declarations of this policy.
The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the
Declarations.
Includes copyrighted material of Insurance Services Office, Inc.
Page 2 of 4 CG 70 48 1015
g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or
failure to render, any professional services, including but not limited to:
(1) The preparing, approving, or failing to prepare or approve:
(a) Maps;
(b) Drawings;
(c) Opinions;
(d) Reports;
(e) Surveys;
(f) Change orders;
(g) Design specifications; and
(2) Supervisory, inspection, or engineering services.
h. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is
deleted and replaced with the following:
4. Other Insurance.
Coverage provided by this endorsement is excess over any other valid and collectible insurance
available to the additional insured whether:
a. Primary;
b. Excess;
c. Contingent; or
d. On any other basis;
but if the written contract, written agreement, or certificate of insurance requires primary and non-
contributory coverage, this insurance will be primary and non-contributory relative to other insurance
available to the additional insured which covers that person or organization as a Named Insured, and
we will not share with that other insurance.
i. If the written contract, written agreement, or certificate of insurance as outlined above requires additional
insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 endorsement
does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that
provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization; Blanket Where Required by Written Contract, Agreement, or
Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 48 10 15 Pages 3 of 4
The insurance provided by this endorsement does not apply to any premises or work for which the
person or organization is specifically listed as an additional insured on another endorsement attached to
this policy.
Includes copyrighted material of Insurance Services Office, Inc.
Page 4 of 4 CG 70 48 10 15
00 03 13
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC (Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
an injury
ed
by this policy. We
l not
We have the right to recover
Cher ourpayments
orr organization named a in the rSchedule. (This agel
ag ee ent applies only to the
enforce our right again p
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
"Any person or organization required by written contract or certificate of insurance."
"This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas
and Utah."
The endorsement does not apply to policies or exposure in Missouri where the employer is in the
construction group of classifications. According to Section 287.150(6) of the Missouri statutes, a
contractual provision purporting to waive subrogation rights is against public policy and void where
one party to the contract is an employer in the construction group of code classifications. For
policies or exposure in Missouri, the following must be included in the Schedule:
• Any person or organization for which the employer has agreed by written contract, executed
prior to loss, may execute a waiver of subrogation. However, for purpose es f cork performed
ed
an
by the employer in Missouri, this waiver of subrogation does not apply Y
group of classifications as designated by the waiver of right to recover from others
(subrogation) rule in our manual.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the Endorsement y.)
Endorsement Effective Policy No.
Premium $
Insured
Countersigned by
Insurance Company
Hart Forms & Services
WC 00 03 13 Reorder No. 14-4888
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.