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#07-4148 (Johnson Controls, Inc.) A G R E E MEN T #07-4148 for Security Services & Eauipment THIS AGREEMENT is made and entered into this 29th dav of January. 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Johnson Controls, Inc., authorized to do business in the State of Florida, whose business address is 5757 N. Green Bay Avenue, P.O. Box 591, Milwaukee, Wisconsin 53201-0591 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of award by the Board of County Commissioners and terminating two (2) years after that date or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have two (2) one (1) year renewals, renewable annually. 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 eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend or renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre- qualified and awarded a Contract to Contractor. The awardee will enter into an Agreement to provide complete security services and equipment on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #07-4148 and the Contractor's proposal, which are incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. The Rate Schedule, attached hereto as Exhibit A and incorporated herein by reference, will be considered part of this Agreement. SUbject to any and all security interests, lien rights, or other rights or remedies available to the Contractor by law or pursuant to applicable contract documents, for the purposes of this Agreement, ownership to and title in any and all equipment, materials, items or devices installed by the Contractor in a County facility shall pass to the County upon the acceptance by the County of said equipment, materials, items, or devices in the County Facility. The Contractor shall provide to the County all record drawings, operating instructions, and maintenance procedures for all equipment and control systems installed under this Agreement. For projects performed by the Contractor directly or indirectly for the County, the performance of the work shall be subject to and governed by the terms and conditions of this Agreement. In each Request for Quotation, the Owner reserves the right to specify the period of completion, retainage and/or the collection of liquidated damages in the event of late completion. Page -1- Any County agency may purchase products and services under this Contract, provided sufficient funds are included in their budget(s). 3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement following any of the three (3) following payment methods. A. Routine maintenance services under three thousand dollars ($3,000) shall be paid on a time and material basis, plus applicable markup, plus any other charges or fees submitted in a proposal. Time, material and markup shall be in accordance with the rate schedule in Exhibit A. Emergency services may not be subject to the three thousand dollars ($3,000) limit and shall be paid on a time and material plus markup basis. B. For construction (new work), retrofit projects and routine maintenance services that exceed three thousand dollars ($3,000), the Contractor shall submit a "Not to Exceed" time and material proposal or a lump sum proposal based on the rates in Exhibit A. The County shall pay the Contractor for the performance of work outlined in the proposal, as accepted and approved by the appropriate Department Director, or his designee. All departmental requests for services shall be paid upon completion or partial completion of the work tasks accepted and approved by the appropriate Department Director, or his designee, pursuant to the Contractor's proposal and schedule included in each "Not to Exceed" time and material or lump sum proposal(s) for that department C. Payments for maintenance service contracts shall be paid according to the terms of each maintenance contract as mutually agreed upon by Contractor and approved by the Director of Facilities Management, or his designee Any proposal in excess of two hundred thousand dollars ($200,000.00) shall require approval of the Board of County Commissioners. The Rate Schedule, attached hereto as Exhibit A, may be updated by mutual agreement upon renewal of the Agreement in 2010. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Florida Prompt Payment Act". The Director of Facilities Management, or his designee, reserves the right to audit any invoice. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Page -2- "-'-~-------,-----_._.....- Johnson Controls, Inc. 5757 N. Green Bay Avenue P.O. Box 591 Milwaukee, Wisconsin 53201-0591 Attention: Darrell Lloyd, Southeast Vice President and General Manager _ Systems Telephone: 414-524-1200 Facsimile: 414-524-2007 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department - Building G 3301 Tamiami Trail East Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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 Contract of the Contractor. Should the Contractor fail to correct any Page -3- -_..--._-~-_.._,-~._-,------_._... - _.._----'--~-----._.._-_._-_.,-".._._--- 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General 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 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 $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to Page -4- -~'-'-'-'---'_.'-'-~""'----.- 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. 12. THIS AGREEMENT shall be administered on behalf of the County by the Facilities Management Department. 13. COMPONENT PARTS OF THIS AGREEMENT: This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim: RFP #07-4148 Specifications/Scope of Work, Contractor's Proposal, Certificate of Insurance, and Exhibit A, Rate Schedule, 14. SUBJECT TO APPROPRIATION: It is further understood and agreed by and between the parties hereto that this Agreement is subject to appropriation by the Board of County Commissioners. 15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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 Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims 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. 16. ADDITIONAL ITEMS/ERVICES Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 17. 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 any 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 Page -5- --_.---~ ....._.._-~-_._-~---_.-._.~..- coordination of all portions of the work under this Agreement, 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 performance 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 ciaims for early completion, as well as to claims based on late completion. 18. 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, 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 such changes in the work will be evidenced by a proposal from the Contractor and a purchase order modification issued by the County. 19. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the work to be performed under this Agreement are at variance therewith, it shall promptly notify Owner in writing. 20. 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 and ready for occupancy by Owner. 21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. Page -6- '-"-'---~-_.-.,_., .~--~~------""-~ 22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the project. Contractor warrants to Owner that any materials and equipment furnished under this Agreement shall be new unless otherwise specified, and that all work shall be of good quality, free from all defects and in conformance with this Agreement. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in this Agreement. If, within one (1) year after final completion, any work is found to be defective or not in conformance with this Agreement, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES: The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. BACKGROUND CHECKS: Contractor shall be responsible for the costs of providing background checks for all employees that shall provide services to the County under this contract. 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. The results of these checks will be kept on file by the Collier County Security Section until the total completion of the project. 25. EMPLOYEE IDENTIFICATION: All employees must wear Collier County Government identification badges at all times while performing services on County facilities. 26. TESTS AND INSPECTIONS: If this Agreement 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 Owner 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 Owner. 27. PROTECTION OF WORK: A. Contractor shall fully protect the work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the work, or other work or materials of Owner or Owner'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. Page -7- 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 Owner with respect to the project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any emergency affecting the safety or protection of person(s) 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 this Agreement have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response io an emergency, a purchase order modificaiion 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 Agreement amount or an extension to the Contract Time. 29. 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. 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. 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. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the issuance of a purchase order 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. 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 this Agreement, 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. 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 Page -8- ----.._,____..~.,c.,~..._ -,....~.--._...._- 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 for each calendar day thereafter until substantial completion is achieved. 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. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directiy or indirectly, any favor, gift, loan, fee, service or oiher item of value io any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. 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 contract to other governmental entities at the discretion of the successful Contractor. 35. 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. Page -9- ~---,._.....' .....,.-.- ._.._-~-~-- IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dated;., I > 2m . t ",_ _, ".~ . ~ ", (S~al). '." A...........'.,. ,'..' c' ..' .......a~ ueto,,(lft<<fl'lll4lt , sfgnatur<20nl. t~~ First Witness \' x^n;:::x::J\:~.l=>D.\\:"'U Type/Print Witness Name ~. ~.~ ~ond Witness 3; I--\~ ?- - "? <ll~ 12... Type/Print Witness Name Approved as to form and legal sufficiency: e~j1i1 ~ Assistant County Attorney QDUeeIl M. b((~e(l-e- Print Name _.~-----_.~~.__.- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .ii . By: _ "-- Tom . 9,""l5h rman -y Johnson Controls, Inc. Contractor By: .~...........;.."'-I - Signature D?0G G-A R.'T"'oN Typed Signature P..AAklCM ~~ H~ ~T\l fL. Title Page -10- -_.'."'_._n'M""__, . . . Exhibit A Cost of Services to the County This section should include a rate schedule for any personnel that the proposer intends to use under this contract Exhibit "A" to the Security System RI Prices Effective October 1. 2007 through September 31.2010 Collier County Security Services RFP # 07-4148 Johnson Controls Inc. Services Category Construction Personal Application Engineer Clerical Design Material Handling Mileage Project Manager Lead Systems Support (LSS) System Representative Overtime HV AC Service Personal Clerical Material Handling Mileage P.M. Inspector Project Manager Lead Systems Support (LSS) Service Mechanic SenJice Technician Overtime Trip Charge / On Call Fire & Security Services Clerical Material Handling Mileage P.M Inspector Project Manager Lead Systems Support (LSS) Service Mechanic Service Technician Overtime Trip Charge / On Call Hourly/Rate/Markup $95.00 $55.00 $55.00 $55.00 Reimbursed at Cty Rate $0.45 $129.00 $102.00 $102.00 1.5 Standard Rate $55.00 $55.00 Reimbursed at Cty Rate $0.45 N/A $129.00 $102.00 $86.00 $102.00 1.5 Standard Rate After Hours 4 Hour Min Reimbursed at Cty Rate $55.00 $55.00 $0.45 N/A $129.00 $102.00 N/A $102.00 1.5 Standard Rate After Hours 4 Hour Min The list is not intended to be all-inclusive. Hourly rate fees for other categories of professional,support and services shall be mutually negotlate y e oun y an lrm on a pro]ec y pro]ec aS1S. Johnson ~j( eo'ltr County Controls ~ . . . Subcontractor Parts Overhead Profit Freight Subcontracted Services (includes communications Systems and other services provided through subcontractors) JCI + 10% Non - Johnson Controls Inc. Catalogued Products Vendor Quote + 10% In House Materials Discounts Outside Vendor Materials list + Tax + Freight list X .5 Cost + 30% T alai project + 10% Total project plus 15% Cost of freight delivery, from the factory to its final destination, will be calculated on a Job by job basis. Johnson ~j(. Controls eo1ti:l' County - ~- - CERTIFICATE OF INSURANCE I DATE MARSH USA INC. 11/27/2007 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER TItAN THOSE PROVIDED IN THE Marsh USA Inc. POLICY. T1-Irs CERTIFlCATE DOES NOT AMEND, EXTEND OR AlTER THE COVERAGE 411 East Wisconsin Avenue AFFORDED BY THE POLICIES DESCRIBED HEREIN. Suite 1600 AM Best Rating Milwaukee, WISCOnsin 53202-4419 COMPANIES AFFORDING COVERAGE IMofotlD4lDT) Atto: CPU, Phone (414) 290-4912 Fax (414) 290-4953 *See Below CPU _MJlwaukee@marsh.com Company ACE American Insurance Company A+XV A P.O. 8OX41484, Philadelphia, PA 19101 INSURED Company Sentry Insurance A Mutual Co. Johnson Controls, loc. Attn: Corp. Risk Mgmt. X-92 B 1800 North Point Oliva, Stevens Point, WI 54481 A+XV Johnson Controls Battery Group. Inc. P.O. Box 591 Johnson Controls Interiors, L.l.C. Milwaukee, WI 53201 Company Indemnity Insurance Company of North America Cal--Air, Inc. e and for CA. WI and EX WC : ACE A+XV GESAmerica., L.L.C. American Insurance Company Optima Batteries, Inc. p.o. Box 41484. Phi1a~~ia, PA 19101 USI Companies Inc. Company Lexington Insurance Company York International Corporation D 100 Summar Street, Boston, MA. 0211 0 A+XV COVERAGES This certificate suoersedes and reolaces any i reviouslv issued certificate. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO lNI-UCH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co POLICY EFFECTfVE POLIcY EXPIRATION LT TYPE OF INSURANCE POLIcY NUMBER DATE (MMlDDIVY) DATE (MM/DDIVY) LIMITS R A GENERAL LIABILITY (1) (3) (4) $ 5,000,000 r.;-- HDOG2373283A 10-1-2007 10-1-2008 GENERAL AGGREGATE X COMMERCIAL GENERAL LIABILITY PRODUCTS~COMP/OP AGG $ 5,000,000 I ClAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 5,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000 ~ Contractual FIRE DAMAGE (Anv one fire) $ 5,000,000 X x,c.u(Exp1osioo.CC>lIepse.Undltrground) X Additional Il1SUnld-ONners Lessees or $ 50,000 Contllll:tors See Below MED EXP (Anyone person) B AUTOMOBILE LIABILITY (2) (3) (4) ~ 90-04606-01 10-1-2007 10-1-2008 COMBINED SINGLE LIMIT $ 5,000,000 X ANY AUTO r- ALL OWNED AUTOS BODILY INJURY f- (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY X NON-DWNED AUTOS (Per accident) - PROPERTY DAMAGE GARAGE LIABILITY AUTO ONL Y-EA ACCIDENT =1 ANY AUTO OTHER THAN AUTO DNL Y: EACH ACCIDENT D EXCESS LIABILITY $ 5,000,000 5577735 10-1-2007 10-1-2008 EACH OCCURRENCE ~ ~MBRELlA FORM AGGREGATE $ 5,000,000 OTHER THAN UMBRElLA FORM C WORKERS COMPENSATION AND WLRC44473094 - AOS 10-1-2007 10-1-2008 X I ~C STATU- ; I I ~TH- EMPLOYERS' UABILlTY(4) WLRC44473136 - CA TORY LIMITS ER SCFC44473057 - WI EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR! ')( INCL WCUC4447301A - EX WC $ 1,000,000 I-- EL DISEASE~POLlCY lIMIT PARTNERSfEXECUTIVE OFFICERS ARE. EXCL EL DISEASE-EACH EMPLOYEE $1,000,000 OTHER (1) ADDITIONAL INSURED: If required by contract, Include. eovwage for Addftiornd lnaurecb pef" Ilttaehed endorsement. (2) ADDmONA1. INSURED: If required by contract" Includ.. coverage for AddItfo~II",urocfa.net Lou Payee as I'WqUirvd by contn.et (3) PRIMARY COVERAGE: Whent""M by lease orVle:,~ this eoverage Is ~=: and not e.cess of orconbfbutlng with other insurBnc. or self-insurance. I i4j WAIVER OF SUBROGATION: Insured W8iYes...... on to the extent required conhet. DESCRIPTION OF OPERA nONsn..OCATlONSNEHICLESISPECIAL ITEMS JCIContractNo. Project Name: CCG - Security Servic:es & Equipment Customer PO Number: 07-4148 CERTIFICATE HOLDER CANCELLATION SHOUlD ANY Of' THE POUClES DESCRIBED HEREIN BE CANCEl1.EO BEFORE THE EXPIRATION DATE THEREOF, Collier County Government 1l-IE ISSUING COMPANY 'MLL ~"?,I"-"l T~ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER :oJ"'''l E. Tamiami Trail NAMED HEREIN, P'q""'" "~" ~ "'11 ~"~II"~T'~ -,.." ..,~-- t'~?~ ,~,_~.. ~~, Uft" '~'?~ Hft'KIt'" Naples,FL34ll2 ""'?tI" Iii: It'-' ''''~- '-~~':j']t'~ ~,' -~.~- -j . ~~'I::r- ~~ "~~Ii--''T'~-7 MARSH USA INC_ BY. 7 ~~;:"--0 ##tfU~:? .A..M.-nCtIpof&lnn...Pnrridod6>r.......dIaB~~......,bued....~IO\dI........"'HIdlnl!.p...oIIUlololWollllSAla....aaolMeRlltol'llllotnlb'll1lllnspon"'I1I<h....... MahI:I USAIa....m......"""'rilIln..............-,.....""uc--.... .......dlecer1llkalebuldor...qy.---..l)1Dc.....*-OCIIlIbtotl..,............A..M.lloandap................._ ......1JSAIac...m~-..IbobOlcr-mpeeClotlle~....l'Irl:Inol:lllll)'tDpoYd...of-r."Ibo..........te....,......wbIdolloowlu...tlllo ms-paIdoo~.... lCI BllIllCh NoiLocation; POLICY NUMBER: HDOG2373283A COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Personls) Or Organizationls): If required by contract, Collier County Location(s) Of Covered Operations As required by contract, Infonnation required to complete this Schedule. if not shown above. will be shown in the Declarations. Endorsement #A2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II - Who is An Insured is amended to include as B. Wrth respect to the insurance afforded to these additional an additional insured the person(s) or organization(s) insureds, the following additional exclusions apply: shown in the Schedule, but only with respect to liability for ~bodily injury" I "property damage" or "personal and This insurance does not apply to "bodily injury" or advertising injury" caused solely by: "property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment 2. The acts or omissions of those acting on your behalf; furnished in connection with such work, on the project (other than service, maintenance or repairs) in the performance of your ongoing operations for the to be performed by or on behalf of the additional additional insured(s) al Ihe localionls) designaled above. insured(s) at the location of the covered operations has been compJeted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same .Jl'C>ject. Endorsement #A2A ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS- NAMED INSURED'S ACTS OR OMISSIONS ONLY Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization{s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed oDerations hazard."