#10-5395 (E.B. Simmonds Electrical)
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
COLLIER COUNTY BID NO.1 0-5395
COLLIER COUNTY, FLORIDA
Design Professional:
RKS Consulting Engineers
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
c. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by RKS Consulting Engineers
and identified as follows: Electrical SCADA & Telemetry Upgrades
at Waste Water Sites
as shown on Plan Sheets E1 through E22.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
COUNTY BID NO. 10-5395
Separate sealed bids for the construction of Electrical SCADA & Telemetry Upgrades at
Waste Water Pumping Stations, addressed to Mr. Steve Carnell, Purchasing Director,
will be received at the Collier County Government Complex, 3301 Tamiami Trail East,
Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M.
LOCAL TIME, on the 18th day of December, 2009, at which time all bids will be
publicly opened and read aloud. Any bids received after the time and date specified will
not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 4th
day of December, 2009, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project. All Bidders shall submit all
questions via online bidding systemo The Engineer's Estimate for this project is Seven
Hundred Eighty thousand Dollars ($780,000.00).
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Electrical SCADA & Telemetry Upgrades at Waste Water
Pumping Stations Bid No. 10-5395 and Bid Date of December 18, 2009". No bid shall
be considered unless it is made on an unaltered Bid form which is included in the
Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-16) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.neUbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either be executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
GC-PN-1
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within two hundred
seventy (270) calendar days from and after the Commencement Date specified in the
Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 20th day of November, 2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell
Purchasing/General Services Director
GC-PN-2
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-16 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit ReQuirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Ri~ht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
Section 5. SiQninQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisernent, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material ReQuirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Collier County Board of County Commissioners has adopted a Local
Preference "Right to Match" policy to enhance the opportunities of local businesses to
receive awards of Collier County contracts.
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or rnore qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
GC-IB-5
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest non
local bid price(s), then award will be rnade to the lowest overall qualified and responsive
bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S.
and the lowest non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this
solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
12.3 It is the intent of the County, to award this bid to the lowest, qualified and
responsive bidder meeting specifications
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.5 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
GC-IB-6
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permiUfee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
GC-IB-7
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
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cJ1ter County
>-~----
Adrnnistral.ive Services Division
Putd1asing
Email: ScottJonhnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
December 9, 2009
Scott D. Johnson, Purchasing Agent~
Interested Bidders
From:
To:
Subject:
Addendum #1 - ITB #10-5395
"Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
1. Please specifications
2. New Bid Opening Date January 8,2010
3. Revised Plan Drawings as result from Pre-Bid
4. Clarification of FPL allowance on bid schedule.
Contractors to note that the FPL allowance is to be utilized for direct fees charged by FPL
for providing the services as shown. Allowance draws will not be granted for poorly
coordinated work or FPL fees arising from issues direct with contractor.
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Oscar Martinez
AddendumTemplate
Revised: 3125/09
1
eolrer County
Email: ScottJonhnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Adninistrative Services DNislO()
Purchasing
ADDENDUM
Memorandum
Date:
December 10, 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 -ITB #10-5395
"Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
1. Please specifications
2. New Bid Opening Date January 8,2010
3. Revised Plan Drawings as result from Pre-Bid
4. Clarification of FPL allowance on bid schedule.
Contractors to note that the FPL allowance is to be utilized for direct fees charged by FPL
for providing the services as shown. Allowance draws will not be granted for poorly
coordinated work or FPL fees arising from issues direct with contractor.
If you require additional information please post a question on the eBid site or contact me
(contact infor tion above).
rtinez
c:
---
/
Signed
E. B. Simmonds. President
3750 Enterprise Ave #300, Naoies. Florida
Title
AddendumTemplate
Revised: 3/25/09
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1.01 SYMBOLS
SECTION 16015
ELECTRICAL REFERENCE SYMBOLS
A. In general the symbols used on the drawings conform to the Standard Symbols of the
Institute of Electrical and Electronic Engineers with the exception of special systems
or agencies as hereinafter noted or as shown in schedules or legends.
1.02 ABBREVIATION
A. The following abbreviations or initials are used.
AlC
A.C.
AFF
AFG
AHU
AIC
AL
AMP
ANSI
ASA
ATS
AUX
AWG
b.c.
BIL
BKR
DC
CAB
C.
C.B.
CBM
CFM
CKT.
Clg.
CONDo
Conn.
CPU
CRT
CSP
CSTC
C.T.
CU.
C.W.
D.C.
August 1, 2009
Air Conditioning
Alternating Current
Above Finished Floor
Above Finished grade
Air Handler Unit
Amps interrupting Capacity
Aluminum
Ampere
American National Standards Institute
American Standards Association
Automatic Transfer Switch
Auxiliary
American Wire Gauge
Bare Copper
Basic Impulse Level
Breaker
Degrees Centigrade
Cabinet
Conduit or Conductor
Circuit Breaker
Certified Ballast Manufacturers
Cubic Feet per Minute
Circuit
Ceiling
Conductor
Connection
Central Processing Unit
Cathode Ray Terminal
Closed Standpipe (Sprinkler)
Communications System Terminal Cabinet
Current Transformer
Copper
Cold Water
Direct Current
16015-1
Electrical, SCAOA & Telemetry Upgrades
at Waste Water Pumping Station Sites
August 1, 2009
Deg.
Disc.
D.O.
ON.
DPST
E.C.
EEPTS
EMT
E.O.
ESIC
of
FLA
FM
FPS
FT.
FZ
GFI
gnd.
Horiz.
hp.
hr.
IIC
ICU
IEEE
IES
IMC
m.
IPCEA
lB.
KV
KVA
KW
LBS
LED
It.
Itg.
max.
MCB
MCP
MIC
mm.
M.L.O.
MPH
MTD
MUX
MVA
N.
De gree
Disconnect
Draw Out
Down
Double Pole Single Throw
Electrical Contractor
Elevator Emergency Power Transfer Switch
Electric Metallic Tubing
Electrically Operated
Elevator/Systems Interface Cabinet
Degrees Fahrenheit
Full Load Amperes
Factory Mutual
Feet per Second
Feet
Fire Protection Zone (Sprinkler)
Ground Fault Interrupting
Ground
Horizontal
Horsepower
Hour
Intercom
Intensive Care Unit
Institute of Electrical and Electronic Engineers
Illuminating Engineering Society
Intermediate Metallic Conduit
Inches
Insulated Power Cable Engineers Association
Junction Box
Kilovolt
Kilo-Volt-Amps
Kilowatts
Pounds
Light Emitting Diode
Light
Lighting
Maximum
Main Circuit Breaker
Motor Circuit Protector
Microphone
Minimum
Main Lugs Only
Miles Per Hour
Mounted
Multiplex (Transponder) Panel
Mega Volt Amps
Neutral
16015-2
Electrical. SCAOA & Telemetry Upgrades
at Waste Water Pumping Station Sites
August 1, 2009
NEC National Electric Code
NECA National Electrical Contractors Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NIC. Not in Contract
NF Non Fused
No. Number
0/ Phase
O.L. Overload
OLS Overloads
OSHA Occupational Safety and Health Act
OS&Y Outside Screw and Yoke (Sprinkler)
P. Pole
PB Pull box
Ph. Phase
PNL Panel
PR Pair
PWR Power
PF Power Factor
Pri. Primary
pSI Pounds Per Square Inch
P. T. Potential Transformer
PVC Polyvinyl Chloride
RMS Root-Means-Square
RPM Revolutions Per Minute
Recept. Receptacle
RSTC Radio/Sound Terminal Cabinet
RTD Resistance Temperature Device
SCA Short Circuit Amps
Sec. Secondary
SIN Solid Neutral
SPKR Speaker
SPST Single Pole Single Throw
SW. Switch
SWBD Switchboard
TEL Telephone
TSP Twisted Shielded Pair
TTB Telephone Terminal Board
TTC Telephone Terminal Cabinet
TYP Typical
temp. Temperature
U.L. Underwriters Laboratories
UNO (U.N.O.) Unless Noted Otherwise
V Volt
VFC VARIABLE FREQUENCY CONTROLLER
VFD VARIABLE FREQUENCY DRIVE
W Wire
16015-3
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
August 1,2009
W.P.
Weatherproof
END OF SECTION
16015-4
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Stat;on Sites
SECTION 16020
WORK INCLUDED
1.01 DESCRIPTION OF SYSTEM
A. The work required under this Division shall include all materials, labor and
auxiliaries required to install a complete and properly operating electrical system.
B. The electrical system required under this Division consists basically of, but is not
limited to the following:
1. Modifications and additions to distribution system for power, including but
not limited to feeders, meters and connections to motors and other power
loads.
2. A complete grounding system and special grounds as required or noted.
3. Power Surge Suppression systems.
4. Concrete work for pad mounted equipment.
5. Walkthrough of sites prior to start of work to demonstrate a clear
understanding of the scope of work. Frank Inzano of Public Utilities
Engineering and a member of Collier County Collections.
6. Temporary power as required to maintain lift station operation throughout
construction.
7. Complete Telemetry systems including but not limited to antenna, mast and
required FCC licensing.
8. Modifications and additions to existing Collections Department Data Flow
T AC II SCADA server.
9. Custom pump control panels.
END OF SECTION
August 1, 2009
16020-1
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
SECTION 16025
CODES. FEES, AND STANDARDS
PART I - GENERAL
1.01 CODES AND FEES
A. Install in accordance with latest edition of the National Electric Code and the
regulations of governing local, State, County and other applicable codes, including
the Utilities Company. Pay for all required licenses, fees and inspections. All
articles, products, materials, fixtures, forms or types of construction covered in the
specifications will be required to meet or exceed all applicable standards of
manufacturer, testing, performance, capabilities, procedures and installation
according to the requirements of ANSI, NEMA, IEEE, and NEC referenced
documents where indicated and the manufacturer's recommended practices.
Requirements indicated on the contract documents, which exceed but are not
contrary to governing codes shall be followed.
B. Compliance and Certification: The installation shall comply with the governing state
and local codes or ordinances. The completed electrical installation shall be
inspected and certified by all applicable agencies that it is in compliance with all
codes. Utility Company: Comply with latest utility company regulations.
C. All work and equipment under this Division shall be in strict compliance with the
latest edition of the following codes and standards:
I. Life Safety Code - NFPA 101
2. National Fire Protection Association (NFPA)
3. National Electrical Code - NFPA 70; 2008
4. National Electrical Safety Code (NBS Handbook).
5. Requirements of Local Power Company.
6. Florida Building Code 2007
1.02 STANDARDS
A. All materials shall be new and free of defects, and shall be U.L. listed, bear the V.L.
label or be labeled or listed with an approved, nationally recognized Electrical
Testing Agency. Where no labeling or listing service is available for certain types of
equipment, test data shall be submitted to prove to the Engineer that equipment
meets or exceeds available standards.
END OF SECTION
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SECTION 16040
IDENTIFICATION
PART I - GENERAL
LOI NAMEPLATES
A. The following items shall be equipped with nameplates: All motors; motor starters,
motor-control centers, pushbutton stations, control panels, time switches, disconnect
switches panelboards, circuit breakers, contactors, recorders, transmitters,
instruments or relays in separate enclosures, thermostats, photocells, power
receptacles where the nominal voltage between any pair of conductors is greater than
150V, switches controlling equipment or receptacles, switches controlling lighting
fixtures where the fixtures are not located within the same space as the controlling
switch, high voltage junction, manholes and pull boxes, instrumentation and control
terminal cabinets, pull boxes manholes and cabinets. Special electrical systems shall
be identified at junction and pull boxes, terminal cabinets and equipment racks.
Electrical contractor is responsible for nameplates on electrical equipment supplied
by other divisions and installed and wired by electrical including all instrumentation
and controls equipment. A portion of existing equipment affected by this contract
shall also receive nameplates as determined by the engineer.
B. Nameplates shall adequately describe the function of the particular equipment
involved. Where nameplates are detailed on the drawings, inscription and size of
letters shall be as shown and shop drawing submitted for approval. Nameplates for
panelboards and switchboards shall include the panel designation, voltage and phase
of the supply. For example, "Panel A, 277/480V, 3-phase, 4-wire". The name of the
machine on the nameplates for a particular machine shall be the same as the one used
on all motor starters, disconnect and P.B. station nameplates for that machine.
C. Nameplates shall be laminated phenolic plastic, black front and back with white core,
with lettering etched through the outer covering resulting in white engraved letters on
black background. Attach with brass nuts and bolts.
D. Construction sequences, renaming and rework of existing equipment will require
new identification tags for some existing equipment. Provide new identification
nameplates for existing and new equipment as directed.
END OF SECTION
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SECTION 16050
SPECIAL REOUIREMENTS
1.01 AUXILIARIES AND ACCESSORIES
A. Include all auxiliaries and accessories for a complete and properly operating system.
B. Provide and install all electrical systems and any necessary accessories as per NEC
and local codes whether specified herein or shown on drawings or not. The content
of these specifications (Division 16) and contract documents in general only refers to
work required above and beyond the requirements of the NEC and applicable local
codes.
1.02 LAYOUT OF WORK
A. Drawings are diagrammatic. Correlate final equipment locations with governing
Architectural, Structural, Process Mechanical and Instrumentation and Control
drawings. Layout before installation so that all trades may install equipment in
spaces available. Provide coordination as required for installation in a neat and
workmanlike manner. The engineer reserves the right to move any device 10' from
location shown on plans with no additional cost to the owner at any time prior to
final equipment installation and startup.
1.03 INVESTIGATION OF SITE
A. Check site and existing conditions thoroughly before bidding. Advise Engineer of
discrepancies or questions noted.
1.04 SUPERVISION OF THE WORK
A. Provide a field superintendent who has had a minimum of fifteen (15) years previous
successful experience on projects of comparable size and complexity.
Superintendent shall be present at all times that work under this Division is being
installed or affected. Superintendent shall have passed a proctored H.H. Block
Masters Exam with 75% grade or better and shall hold a State Masters Certificate of
Competency. A resume of the Superintendent's experience shall be submitted to
Engineer before starting work. The resume shall list a minimum of 10 previous
industrial plant projects of comparable size and complexity.
1.05 QUALIFICATIONS OF THE CONTRACTOR
A. The Electrical Contractor shall be regularly engaged in the construction, maintenance
repair and modification of industrial plant electrical equipment devices, and systems.
The lead, on-site, technical person shall be approved by the engineer. Provide the
services of a pre-qualified electrical contractor that has demonstrated competence in
providing electrical systems installation on this type of facility to Collier County
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Utilities; The pre-approved electrical contractors for this project are listed below:
I. Hart Electric
2. American Electric
3. Mizpah Electric
Other firms will be considered by the engineer on submittal of qualifications on or
before 14 days prior to bid. Submit 10 example projects of installed history of the
type and complexity of this project. Submit project data, and reference contacts.
1.05 COORDINATION
A. Provide all required coordination and supervision where work connects to or is
affected by work of others, and comply with all requirements affecting this Division.
Work required under other divisions, specifications or drawings, indicated to be
performed by this Division shall be coordinated with the Contractor and such work
performed at no additional cost to Owner including but not limited to electrical work
required for roll-up doors, control panel installation, instrumentation and control
installation, etc.
B. Locate all openings required for work performed under this section. Provide sleeves,
guards or other approved methods to allow passage of items installed under this
section.
1.06 BASIS FOR WIRING DESIGN
A. The drawings and specifications describe specific sizes of switches, breakers, fuses,
conduits, conductors, motor starters and other items of wiring equipment. These
sizes are based on specific items of power consuming equipment (heaters, lights,
motors for fans, compressors, pumps, etc.). Wherever the contractor provides power
consuming equipment which differs from, the basis of design, drawings and
specifications, the wiring and associated circuit components for such equipment shall
be changed to proper sizes to match at no additional expense to the Owner.
1.07 PROVISION FOR OPENINGS
A. Locate all openings required for work performed under this section. Provide sleeves,
guards or other approved methods to allow passage of items installed under this
section.
1.08 CONCRETE PADS
A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor
control centers, of size as shown on the drawings or required. Unless otherwise
noted, pads shall be four (4) inches high and shall exceed dimensions of equipment
being set on them, including future sections, by three (3) inches on all sides, except
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when equipment is flush against a wall, then the side or sides against the wall shall
be flush with the equipment. Chamfer top edges I". Trowel all surfaces smooth.
Reinforce pads with 6" X 6" X 6/6 welded wire fabric. Conduit stub up area within
the pad area shall remain void. Coordinate with equipment shop drawings stub up
areas.
1.09 SURFACE MOUNTED EQUIPMENT
A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or
shall be painted as directed by Engineer. Paint shall be in accordance with other
applicable sections of these specifications.
1.11 PROTECTION AND CLEAN UP
A. Suitably protect all equipment furnished under this Division during construction.
Restore all damaged surfaces and items to "like new" condition before a request for
substantial completion inspection.
1.12 MATERIALS
A. Reference: "General Conditions ofthe Contract".
B. Where several brand names, make or manufacture are listed as acceptable each shall
be regarded as equally acceptable. Where a manufacturer's model number is listed,
this model shall set the standard of quality and performance required. Where no
brand name is specified, the source and quality shall be subject to Engineer's review
and acceptance.
C. When a product is specified to be in accordance with a trade aSSOCIatIOn or
government standard, at the request of Engineer, Contractor shall furnish a certificate
that the product complies with the referenced standard. Upon request of Engineer,
Contractor shall submit supporting test data to substantiate compliance.
1.13 SUBSTITUTIONS
A. Each bidder represents that his bid is based upon the materials and equipment
described in this division of the specifications.
B. No substitutions will be considered unless written request has been submitted to the
Engineer for approval at least ten days prior to the bid date. Submittal shall include
the name of the material or equipment for which it is to be substituted, drawings,
cuts, performance and test data and any other data or information necessary for the
Engineer to determine that the equipment meets all specification and requirements.
[fthe Engineer approves any proposed substitutions, such approval will be set forth
in an addendum.
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C. Substituted equipment or optional equipment where permitted and approved, must
conform to space requirements. Any substituted equipment that cannot meet space
requirements, whether approved or not, shall be replaced at the Contractor's expense.
Any modifications of related systems as a result of substitutions shall be made at the
Contractor's expense.
1.14 SUBMITTALS
A. Submit Technical Information Brochures at start of construction or within 30 days
after A ward of the Contract. Each brochure shall consists of an adequately sized,
hard-cover, 3-ring binder for 8-1/2" X II" sheets. Provide correct designation on
outside cover and on end of brochure. When, in the judgment of the Engineer, one
binder is not enough to adequately catalog all data, an additional binder will be
required and data split as directed by the Engineer. Specific shop drawing submittals
may be submitted separately after technical information brochures but before any
equipment is purchased; provide index and schedule of shop drawings to be
submitted within the technical information brochures.
B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in these
specifications. Second sheet shall be prepared by the Contractor, and shall list
Project Addresses and phone numbers with key personnel for this project.
C. Provide reinforced separation sheets tabbed with the appropriate specification
reference number.
D. Technical Information consisting of marked catalog sheets or shop drawings shall be
inserted in the brochure in proper order on all items herein specified or shown on
drawings.
E. At the end of the brochure, provide and insert a copy of the specifications for this
Division and all addenda applicable to this Division.
F. Submit 7 brochures. Provide separate tag marking on an individual copy for the
Owner, Engineer (2), Contractor, Coordinating Testing Subcontractor and Electrical
Subcontractor (2).
G. The General Contractor shall review the brochures before submitting to the Engineer.
No request for payment will be considered until the brochure has been submitted
and reviewed completely.
H. Submit cost breakdown "Schedule of Values" for electrical work in the Technical
Infonnation Brochures. Cost of material and labor for each major item shall be
shown.
I. Reference: "General Condition of the Contract".
J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be
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supplied. Provide detailed plan view shop drawings at expanded scale indicating how
actual size of equipment to be provided is to fit into space available; show NEC
required working space clearances on plan. Provide detailed elevation views at
expanded scale of actual equipment to be provided and how it fits into available wall
spaces. Drawings shall be on 11" X 17" or 22" X 34" paper and drawn with a
computer aided design (CAD) package. The computer aided design package shall be
Autocad or converted to Autocad format. Engineering plan backgrounds of the
facility shown on the contract documents will be available to the contractor on
request. Submittals shall include hard copy and CD-ROM media electronic copies.
Additional shop drawing requirements:
1. Title drawings to include identification of project and names of Engineer,
Engineer, General Contractor, subcontractor and/or supplier, data, number
sequentially and indicate in general:
2. Fabrication and Erection dimensions.
3. Arrangements and sectional views.
4 Necessary details, including complete information for making connections
with other work.
5 Kinds of materials and finishes.
6 Descriptive names of equipment.
7 Modifications and options to standard equipment required by the contract.
8 Leave blank area, size approximately 4 by 2-112 inches, near title block (for
Engineer's stamp imprint).
9 Tn order to facilitate review of drawings, insofar as practicable, they shall be
noted, indicating by cross reference the contract drawings, note, and/or
specification paragraph numbers where item(s) occur in the contract
documents.
10 See specific sections of specifications for further requirements.
K. Product Data:
I. Submit technical data verifying that the item submitted complies with the
requirements of the specifications. Technical data shall include
manufacturer's name and model number, dimensions, weights, electrical
characteristics, and clearances required. Indicate all optional equipment and
changes from the standard item as called for in the specifications. Furnish
drawings, or diagrams, dimensioned and in correct scale, covering
equipment, showing arrangement of components and overall coordination.
2. In order to facilitate review of product data, insofar as practicable, they shall
be noted, indicating by cross reference the contract drawings, note, and/or
specification paragraph numbers where item(s) occur in the contract
documents.
3. See specific sections of specifications for further requirements.
L. Processing Submittals:
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1. Product Data: For standard manufactured materials, products and items
submit seven (7) copies or sets of data. If submittal is rejected, resubmittal
shall be seven (7) copies of new data. When approved, four (4) copies will
be returned to Contractor.
2. Shop Drawings: For custom fabricated items, initially submit a transparency
(suitable for reproduction) together with two (2) prints made there from.
When submittal is acceptable, furnish seven (7) prints made from the
accepted transparency.
3. Acceptance: When returned to Contractor, submittals will be marked with
Engineer's stamp. If box marked "returned for correction resubmit" is
checked, submittal is not approved and Contractor is to correct and resubmit
as noted, otherwise submittal is approved and Contractor is to comply with
notation making necessary corrections on submittal and resubmit for final
record.
4. Reference: "General Conditions of the Contract".
5. Note that the approval of shop drawings, or other information submitted in
accordance with the requirements hereinbefore specified, does not assure that
the Engineer, or any other Owner's Representative, attests to the dimensional
accuracy or dimensional suitability of the material or equipment involved, the
ability of the material or equipment involved or the MechanicallElectrical
performance of equipment. Approval of shop drawings does not invalidate
the plans and specifications if in conflict with the submittal. It is the
contractor's responsibility to request in writing and seek written approval
from the engineer for all deviations of the plans and specifications.
1. I 5 PROGRESS AND RECORD ORA WINGS
A. Keep two sets of full size (22"x34") white prints on the job, and neatly mark up
design drawings each day as components are installed. Different colored pencils
shall be used as directed for different systems. Cost of prints shall be included under
this Division. All items on Progress Drawings shall be shown in actual location
installed. Change any equipment schedules to agree with items actually furnished.
B. Reference: "General Conditions of the Contract".
C. Prior to request for final payment, furnish a set of as-built drawings on reproducible
sepia mylar to General Contractor.
1.16 OPERATING INSTRUCTIONS
A. Submit for checking a specific set of written Operating instructions on each item that
require instructions to operate. After approval, provide one copy for insertion in each
Technical Information Brochure.
1.17 MAINTENANCE INSTRUCTIONS
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A. Submit for approval Maintenance Information consisting of manufacturer's printed
instructions and parts lists for each major item of equipment. After approval, insert
information in each Technical Information Brochure.
1.18 SYSTEMS GUARANTEE
A. The work required under this Division shall include a two-year guarantee. This
guarantee shall be by the Contractor to the Owner for any defective workmanship or
material that has been furnished under this Contract at no cost to the Owner for a
period of two years from the date of substantial completion of the System. This
guarantee shall not include light bulbs in service after six months from date of
Substantial Completion of the System.
1.19 FINAL INSPECTION
A. All work on the System shall be completed, and all forms and other information shall
be submitted for approval one week before the request for final inspection of the
building.
1.20 EQUIPMENT TO BE OF SINGLE MANUFACTURER
A. In general, all relays, contactors, starters, motor control centers, switchboards,
panel boards, dry type transformers, disconnect switches, circuit breakers, and manual
motor starter switches are to be supplied and manufactured by same manufacturer,
but must be submitted and approved equal to that specified.
1.21 CUTTlNGANDPATCHING
A. Reference: "General Conditions of the Contract".
B. Supplementary Requirements: Any cutting of work in place shall be patched and
decorated by such mechanics and in such a manner that the quality of workmanship
and finish shall be compatible with that of adjacent construction.
1.22 GENERAL
A. Where the requirements of another Division, section, or part of these specifications
exceed the requirements of this Division, those requirements shall govern.
1.23 EXISTING CONDITIONS
A. Investigate site thoroughly and reroute all conduit and wlflng in area of new
construction in order to maintain continuity of existing circuitry. Existing conduits
shown on plans show approximate locations only. Contractor must verify and
coordinate existing site conduits and pipes to any excavation on site. Bids to include
hand digging and all required rerouting in areas of existing conduits and/or pipes.
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B. Special attention is called to the fact that work involved is in connection with
existing facilities that must remain in operation while work is being performed.
Work must be done in accordance with the owner's priority schedule as required.
Schedule work for a minimum outage to Owner. Request written permission and
receive written approval from Owner 48 hours in advance of any shutdown of
existing system. Perform work required at other than standard working hours where
owner cannot approve outages during regular working hours. Provide temporary
power and temporary wiring as required to maintain operation as directed by the
owner or engineer to facilitate construction. Protect existing buildings and
equipment during construction as required.
END OF SECTION
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SECTION 16110
RACEWAYS AND CONDUIT
PART I - GENERAL
1.01 DESCRIPTION
A. Description of System:
1. The entire installation shall be in heavy wall Schedule 80-PYC plastic
conduit, and rigid galvanized steel conduit or schedule 40 aluminum conduits
unless specifically noted otherwise. Only heavy wall PYC (Schedule 80)
shall be used for all raceways trapped underground without concrete
encasement protection.
2. Minimum conduit size for all systems shall be 3/4". All conduits shall be
U.L. listed and labeled. Conduit sizes shown on the drawings are to aid the
contractor in bidding only; the contractor is responsible for conduit sizes as
required by NEC fill tables but do not provide smaller conduits than
indicated. The contractor is responsible to coordinate the required conduit
sizes and conductor quantities for all control and instrumentation system
conduit and wiring with the controls subcontractor prior to installation.
3. Provide stainless steel or non-metallic conduit supports and 316 stainless
steel hardware in all areas except air conditioned spaces.
1.02 SUBMITTALS
A. Product Data:
I. Product data shall be submitted on:
a. Conduit
b. Conduit fittings
c. Surface metal raceway
PART 2 - PRODUCTS
2.01 RIGID METALLIC CONDUIT
A. Hot dipped galvanized rigid steel. Federal Specification WW-C-581.
2.02 FLEXIBLE STEEL CONDUIT
A. Continuous length, spirally wound steel strip, zinc-coated, each convolution
interlocked with following convolution. Federal Specification WW-C-566. Liquid-
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tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper
bonding conductor.
2.03 PVC CONDUIT
A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC
(polyvinyl chloride C-200 Compound), and shall conform to industry standards, and
be UL 651 listed in accordance with Article 347 of National Electrical Code for
underground and exposed use and NEMA standard TC-2. Materials must have
tensile strength of 55 PSI, at 700F, flexural strength of 11,000 PSI, compression
strength of 8600 PSI. Manufacturer shall have five years' extruding PVC experience.
Consistent with requirements provide PVC conduit products by one of the following
manufacturers:
1. Carlon
2. Cantex
3. J.M. Plastics
4. Queen City Plastics
2.05 Rigid Aluminum Conduit
A. Provide rigid schedule 40 aluminum conduit meeting the requirements ofUL 514B.
Provide threaded, copper-free aluminum. Provide threaded aluminum conduit
fittings, of cast aluminum with integral insulated throat as manufactured by OZ
Gedney, T &B, Crouse-Hinds, Killark or Appleton.
2.06 EXPANSION FITTINGS
A. Conduit expansion fittings shall be malleable iron, and shall be hot dipped
galvanized inside and outside. These fittings shall have a four-inch expansion
chamber to allow approximately two-inch movement parallel to conduit run in either
direction from normal. They shall have factory-installed packing and internal tinned
copper braid packing to serve as an emergency bonding jumper. Unless the fitting
used is listed by Underwriters' Laboratories for use "without external bonding
jumpers", an external copper bonding jumper shall be installed with each expansion
fitting with one end clamped on each conduit entering fitting.
PART 3- EXECUTION
3.01 INSTALLATION
A. All raceways shall be run in neat and workmanlike manner and shall be properly
supported in accordance with latest edition ofNEC with approved conduit clamps,
hanger rods and structural fasteners except for PVC conduit installed in exterior
locations. PVC conduit installed in exterior locations shall be supported at two foot
intervals. Supporting conduit and boxes with wire is not approved. All raceways
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except those from surface-mounted switches, outlet boxes or panels shall be run
concealed from view. Exposed raceways shall be supported with clamp fasteners
with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid
steel box connections shall be made with double locknuts and bushings. Where pve
penetrates a floor from underground or in slab, a black mastic coated steel conduit
elbow shall be used on all conduits. All individual bare copper ground conductors
(i.e. service, transformer, or lightning protection grounds) shall be installed in pve
conduit, not metal conduit. This does not apply to bare copper ground conductors run
with feeders (as specified in this section). Conduits shall be run parallel to building
walls wherever possible, exposed or concealed, and shall be grouped in workmanlike
fashion. Crisscrossing of conduits shall be minimized.
B. All raceways runs, whether terminated in boxes or not, shall be capped during the
course of construction and until wires are pulled in, and covers are in place. No
conductors shall be pulled into raceways until construction work which might
damage the raceways has been completed.
e. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or
replacement of said fixtures without disturbing wiring. Except where it is necessary
for control purposes, all raceways shall be kept away from items producing heat.
D. All raceway runs in masonry shall be installed at the same time as the masonry so
that no face cutting is required, except to accommodate boxes.
E. All raceways shall be run from outlet to outlet exactly as shown on the drawings,
unless permission is granted to alter arrangement shown. If pennission is granted
arrangement shall be marked on field set of drawings as previously specified.
F. All underground raceways (with exception of raceways installed under floor slab)
shall be installed in accordance with Section 300-5 of the NEC except that the
minimum cover for any conduit shall be two feet. Included under this Section shall
be the responsibility for verifying finished lines in areas where raceways will be
installed underground before the grading is complete.
G. All raceways shall have an insulated copper system ground conductor throughout the
entire length of circuit installed within conduit in strict accordance with NEe.
Grounding conductor shall be included in total conduit fill detennining conduit sizes,
even though not included or shown on drawings. Grounding conductors run with
feeders shall be bonded to portions of conduit that are metal by approved ground
bushings.
H. Insulated bushings shall be used on all rigid steel conduits tenninating in panels, wire
gutters, or cabinets, and shall be impact resistant plastic molded in an irregular shape
at the top to provide smooth insulating surface at top and inner edge. Material in
these bushings must not melt or support flame.
I. Spare conduit stubs shall be capped and location and use marked with concrete
marker set flush with finish grade. Marker shall be 6" round X 6" deep with
appropriate symbol embedded into top to indicate use. Also, tag conduits in panels
where originating. In addition to spares shown on the drawing; provide 2 branch
power circuits, 2 branch lighting circuits, 2 instrument circuits, 2 control circuits and
2 empty outlet circuits with boxes and blank plates as directed in field; estimate 100'
conduit and wire for each run.
J. All conduit stubbed above floor shall be separated with plastic interlocking spacers
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manufactured specifically for this purpose, or shall be strapped to Kindorf channel
supported by conduit driven into ground or tied to steel.
K. Raceways which do not have conductors furnished under this Division of the
specifications shall be left with an approved nylon pullcord in raceway.
L. Rigid Metallic Conduit electrical metallic tubing, flexible steel conduit and PYC
conduit shall be manufactured within the United States.
M. All connections to motors or other vibrating equipment (except dry type
transformers) or at other locations where required shall be made with not less than
12" nor more than 20" of flexible liquid-tight steel conduit, using special type of
connectors with strain relief fittings at both terminations of conduit. Flex connectors
shall have insulated throat and shall be T & B 3100 Series or approved substitution.
Use angle connectors whercver necessary to relieve angle strain on flex conduit.
Connections to dry type transformers shall be made with flexible conduit. Typical
length of flex conduit shall be limited to 20" unless specifically approved by the
engineer.
N. PYC joints shall be solvent welded. Threads will not be permitted on PYC conduit
and fittings, except for rigid steel to PYC couplings. Installation of PYC conduit
shall be in accordance with manufacturer's recommendations. PYC conduit shall not
be used to support fixture or equipment. Field bends shall be made with approved
hotbox. Heating with flame and hand held heat guns are prohibited.
O. Expansion fittings shall be installed in the following cases: In each conduit run
wherever it crosses an expansion joint in the concrete structure; on one side of joint
with its sliding sleeve end flush with joint, and with a length of bonding jumper in
expansion equal to at least three times the normal width of joints; in each conduit run
which mechanically attached to separate structures to relieve strain caused by shift
on one structure in relation to the other; in straight conduit run above ground which
is more than fifty feet long and interval between expansion fittings in such a runs
shall not be greater than 100 feet for steel conduit and 50 feet for PYC conduit..
P. Rigid metallic conduit installed underground shall be coated with waterproofing
black mastic before installation, and all joints shall be recoated after installation.
Q. Underground cable identification: bury a continuous, pre-printed, bright colored
metalized plastic (electronically traceable) ribbon cable marker with each
underground conduit (or group of conduits), regardless of whether conduits are in
ductbanks. Locate directly over conduits, 6" to 8" below finished grade. Delete this
requirement under building slabs.
R. Provide for separation of instrumentation, control and power conductors. Provide a
minimum of 24" inch separation for parallel runs of power conduit and
instrumentation or control conduit with either conduit being PYC or Aluminum.
This separation can be reduced to 8" if metallic grounded separation is provided
(steel conduit).
END OF SECTION
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SECTION 16120
WIRES AND CABLES
LOI GENERAL
A. Power Conductors:
I. Branch circuits and feeder conductors for all three phase electric power shall
be stranded copper type XHHW-2 cross-link polyethylene (XLP) insulation
and derated to 75 degrees Centigrade. No aluminum wiring shall be
permitted. All wire shall be size shown on the drawings. Ifno size is shown,
wire shall be in accordance to NEC and minimum No. 12, except that branch
"homeruns" over 50 ft. in length shall be minimum No. 10 for 120/208V
circuits. All branch lighting circuits serving HID and Fluorescent fixtures
shall be minimum # 10 with each circuit provided with a separate neutral. All
wiring shall be manufactured in the USA.
B. Taps and Splices:
I. All power wiring taps and splices in No.8 or smaller wire shall be fastened
together by means of terminal strips except within lighting fixtures and
wiring devices where conformance to NEC practices will be acceptable. All
taps and splices in wire larger than No.8 shall be made with compression
type connectors and taped to provide insulation equal to wire. Tape shall be
heavy duty, flame retardant and weather resistant vinyl electrical tape,
minimum 7 mil premium grade with an operating of 0 degree F. to 220
degree F. Provide tape meeting UL 510 and CSA standard C22.2.
2. All taps and splices in manholes or in ground pull boxes, MCCs, etc. shall be
approved by the engineer on a case by case basis; be made with high press
long barrel double crimp compression type connectors and covered with
Raychem heavy wall cable sleeves (type CTE or WCS) with type "S" sealant
coating. Install sleeve kits as per manufacturer's installation instructions.
C. Color Coding:
I. All power feeders and branch circuits No.6 and smaller shall be wired with
color-coded wire with the same color used for a system throughout the
building. Power feeders above No.6 shall either be fully color-coded or
shall have black insulation and be similarly color-coded with tape or paint in
alljunction boxes and panels. Tape or paint shall completely cover the full
length of conductor insulation within the box or panel except for the wire
markings.
2. Unless otherwise approved, color-code shall be as follows: Neutrals to be
white for 120/208V system, natural grey for 277/480V system; ground wire
green, bare or green with yellow strips nominal. 120/208V, Phase A -black;
Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B - orange;
Phase C -yellow. All switch legs, other voltage system wiring, control and
interlock wiring shall be color-coded other than those above. In remodeling
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projects, comply with existing color coding established within the facility.
1.02 INSTRUMENTATION AND CONTROL CABLE:
A. Multiconductor and Multi pair Process instrumentation cable shall be # 16 A WG
stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum
tape pair shielding, cross link polyethylene or chlorinated polyethylene (CPE) overall
sheathed and shielded, type TC instrument cable as manufactured by the American
Insulated Wire Co., Belden Wire Co. or equal.
B. Multiconductor control cable shall be #14 A WG stranded, 600V, (XLP) cross link
polyethylene insulated or polyolefin, cross link polyethylene or chlorinated
polyethylene (CPE or Hypalon) overall sheathed type TC control cable as
manufactured by the American Insulated Wire Co., Belden Wire Co. or equal.
C. Connections:
1. All conductor connections shall be on terminal strips including all spare
conductors. Provide terminal strips in all cabinets; motor control centers; etc.
2. All connections of stranded wire to screw terminals shall be by insulated
spade lugs, crimp fastened to wire except where terminal strips are listed for
stranded bare connections in which case delete spade lugs.
3. All conductors shall be marked with mylar wrap type "Brady" labels.
Identification labels shall be permanent type and be machine printed. All
terminal block terminations shall be labeled. The inside portion of the
terminal cabinet doors shall display a protected terminal cabinet drawing
with all connections shown and described as to color code, number assigned
to connection function of conductor and destination.
4. Wire shall be guided within terminal cabinets by cable supports. All
conductors shall be neatly led to terminations.
5. Cabinets: All cabinets shall be labeled with an engraved plastic laminate
label riveted to the door.
6. No splices shall be made within a conduit run or in manholes.
D. Provide for separation of instrumentation, control and power conductors. Provide a
minimum of 24" inch separation for parallel run of power conduit and
instrumentation or control conduit. This separation can be reduced to 8" if metallic
grounded separation is provided.
1.03 SUBMITTALS:
A. Submit cut sheets on all major types of wires and cables including splicing tape, and
tenninating/splicing lugs, conductor identification systems and connectors and cable
sleeves. Sample shall be a minimum of 24" with exterior sheath clearly marked.
B. Submit sample of all cable identilication systems products.
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END OF SECTION
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SECTION 16170
DISCONNECTS
1.01 GENERAL
A. All disconnect switches shall be heavy-duty type. Switches shall be fusible or non-
fusible and sized as noted on the drawings.
B. Switches shall be 240 volt rated on systems up to and including 120!208V and 600V
rated on higher voltage systems. All switches for motors shall be horsepower rated.
All switches shall be NEMA 4X stainless steel enclosure except switches mounted
in air-conditioned spaces. As an alternate to NEMA 4X stainless steel enclosure
provide NEMA 4X switches with aluminum enclosure as manufactured by Bryant.
C. Provide and install lugs on disconnect switch as required to accept conductors called
for on drawings.
D. Provide Switches with an externally operated handle; quick make quick break
mechanism; the handle shall be interlocked with the switch cover by means of a
defeatable interlock device. The switch shall be lockable in the "off' position with a
padlock. Switches shall have arch suppressors, pin hinges and be horsepower rated at
600 volts.
E. All disconnect switches shall be furnished from the manufacturer with (2) normally
open and (2) normally closed interlock contacts. Motor space heater shall be wired
through one set of contacts, The other contact shall be wired through the local
off/remote motor switch at the disconnect location.
1.02 SUBMITTALS
A. Submit product data on all major types of disconnects.
END OF SECTION
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SECTION 16410
ELECTRlC SERVICE
PART 1 - GENERAL
1.01
A.
DESCRlPTION
Description of System:
I. The Electrical Utility Company will provide the electrical service of the
characteristics as shown on the Drawings. This Contractor's work will begin
where the Utility Company's work ends.
2. The Contractor shall furnish all labor, materials, etc., necessary for a
complete approved electrical service as required for this project, including
inspection and approval by the Utility and local Inspection Departments (if
any) and inform the Engineer prior to energizing power lines.
3. This Contractor shall notify the Utility Company in writing, with two copies
to the Engineer, no later than ten (l0) days after signing contracts as to when
this Contractor anticipates the power service will be required.
B. Underground Electrical Service:
1. Furnish and install underground 240 volt 3ph, 4 wire or 240 volt 1 ph, 3 wire
service from existing power company pad-mount transformers or hand holes
to main service equipment. Seal conduit with duct-seal where entering
building.
2. The underground service shall comply with all the requirements ofthe NEC,
local Utility Company and local enforcing authority.
C. Metering:
1. The necessary direct reading meter cabinet(s) shall be furnished and installed
by this Contractor. Approval ofthe cabinet by the Utility Company must be
obtained by this Contractor prior to submitting the Shop Drawings of the
cabinet(s).
2. Meter bases shall be furnished and installed by this contractor. Provide
aluminum meter bases. Metering bases and conduits must be installed in
accordance with the Utility Company requirements.
D. FP&L requirements. Work to be completed under this section shall be in accordance
with FP&L documentation and standards. Note that FP&L service fees will be paid
directly by the owner.
1.02 SUBMITTALS
A. Submit product data on:
I. Meter base and cabinet.
END OF SECTION
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SECTION 16450
GROUNDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Description of System:
1. In general, all electrical equipment (metallic conduit, motor frames,
panel boards, etc.) shall be bonded together with a green insulated or bare
copper system grounding conductor in accordance with specific rules of
Article 250 of the N.E.C. Bonding conductor through the raceway system
shall be continuous from main switch ground bus to panel ground bar of each
panelboard, and from panel grounding bar of each panel board to branch
circuit equipment and devices.
2. The drilled ground field shall be a minimum of (3) 20 foot by 5/8 inch
copperclad ground rods exothermic connected together with #2 solid bare
tinned cable.
3. All ground rods are required to be drilled. Driven ground rods will not be
accepted.
4. The main ground electrode system impedance-to-ground should be no greater
than five (5) ohms. Equipment grounds, depending on size and length of
grounding conductor, should be only fractionally higher than system ground.
Provide supplemental ground rods as required to achieve 5 ohms or less.
5. Grounding conductors shall be installed providing shortest and most direct
path from equipment to ground; be installed in metal conduit with both
conductor and conduit bonded at each end; have connections accessible for
inspection and made with approved solderless connectors brazed (or bolted)
to the equipment or structure to be grounded; in NO case be a current
carrying conductor; have a green jacket unless it is bare copper; be run in
conduit with power and branch circuit conductors. The main grounding
electrode conductor shall be exothermic welded to ground rods: All
connections at or below grade shall be exothermic welded.
6. All contact surfaces shall be thoroughly cleaned before connections are made
to insure good metal to metal contact.
7. Mechanical lugs or wire terminals shall be used to bond ground wires
together or to junction boxes and panel cabinets and shall be manufactured
by Anderson, Buchanan, Thomas and Betts Co., or Burndy.
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8. All exterior grade mounted equipment shall have their enclosures grounded
directly to a separate driven ground at the equipment in addition to the
building ground connection.
9. Provide bonding between all ground systems. Exterior ductbank counterpoise
grounds shall be brought into adjacent building and bonded to the interior
ground bus. Lightning protection grounds shall be bonded to building interior
ground bus. All Instrumentation and control grounds shall be bonded to the
power ground bus. Bond all surge suppression devices to protected
equipment cases, the power ground green conductor, the equipment ground
rod and to adjacent metallic systems, (hand rail, pipe stands, piping, etc).
Bonding shall be facilitated via copper conductors.
B. All raceways shall have an insulated copper system ground conductor throughout the
entire length of circuit installed within conduit in strict accordance with NEC.
Grounding conductor shall be included in total conduit fill detennining conduit sizes,
even though not included or shown on drawings. A separate green with tracer
grounding conductor shall be run from isolated ground rcceptacles to the isolated
ground bar on the serving panel board. Also provide a separate insulated conductor
minimum size #2 from isolated ground bar on panel to shielded transformer ground
lug.
1.02 TEST EQUIPMENT
A. Provide four(4) Fluke 1630 Earth Ground Loop Resistance clamp on meters.
1.03 SUBMITTALS
A. Submit product data on ground rods, ground wire, ground connectors and data on
exothermic weld.
END OF SECTION
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SECTION 16610
LIGHTNING PROTECTION SYSTEM
PART I - GENERAL
1.01 DESCRlPTION
A. Description of Systems:
1. A Lightning Protection System shall be placed on the structures by experienced
installers in compliance with provisions of Code for Lightning Protection Systems
as adopted by the National Fire Protection Association and Underwriters'
Laboratories. Intent of the lightning protection systems shall be to protect the
structures against damage by lightning. All equipment to that result shall be
included whether or not specifically called for herein. Installers shall be
Underwriters Laboratories certified as Master Label installers or of equal
qualifications as approved by Engineer.
2. Provide complete and upgraded lightning protection systems as noted on the
drawings. Provide bonding and grounding systems and interconnection to the site
lightning protection and grounding systems as shown on the drawings and as
specified. All systems shall be in conformance to NFPA-780, UL-96, UL96-A and
as shown on the contract drawings.
3. Materials shall comply in weight, size and composition with the requirements of
Underwriters' Laboratories and the National Fire Protection Code relating to this
type of installation, and shall be U.L. labeled.
4. All installations shall be performed to meet Underwriters Laboratories Master Label
standards. Provide a UL Master Label for all protected structures to the extent the
structures are eligible under the standards ofUL 96A. Ifthe structure is not eligible
under the standards of UL 96A, provide a Letter of Findings for the installation at
completion of work.
1.02 SUBMITTALS
A. Shop Drawings and Product Data:
I. Shop Drawings: Shop drawings shall be submitted before work is started. Drawings
shall include full layout of cabling and points, and connections. The drawing shall
show the type, size and location of all equipment, grounds and cable routing. The
drawing shall show all grounds and air terminals that are shown on the contract
drawings. See additional requirements for shop drawings in section 16050.
2. Product Data: Product Data shall be submitted on all equipment to show compliance
with this section of the specifications and shall include manufacturer's written
recommendations for installation. Provide a sample of the air terminal to be used
with the shop drawing submittal.
1.03 SYSTEM DESIGN
A. The system shall be an effective, aesthetically acceptable streamer-delaying lightning
protection system to the standards of Underwriters Laboratories UL 96 & UL96A. The
purpose of the system shall be to reduce the likelihood of a direct strike to the protected
structure by delaying the formation of streamers from that structure. Secondarily the system
shall be designed in such a manner that it affords protection to the structure upon which it is
installed in the event a direct lightning strike to the structure does occur.
B. The system components shall not require mounting in a specific configuration or impose any
other mounting limitations which may interfere with utility use of structure space or
otherwise preclude or limit the intended use of the structure.
C. All components shall be attached to the structure in such a manner as to reduce the
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possibility of corrosion between dissimilar metals. If installed on a metallic or otherwise
electrically conductive struchrre, the system shall be electrically bonded to the struchrre upon
which it is installed through mounting clamps and brackets, with additional bonding to
grounded objects and to the structure, as required or as indicated on the drawings.
D. The system shall be composed of components that meet the requirements of Underwriters
Laboratories UL 96. Aluminum and Stainless Steel components shall be employed on
structures and portions of structures subject to corrosive elements, where the use of copper
components could be rendered ineffective, due to the surrounding environment. No
dissimilar metals shall be allowed to be in contact.
E. Air Terminals shall be mounted on all outside corners of each structure, around the perimeter
of each structure at intervals not to exceed twenty (20) feet, and on the interior of each
structure in such a manner that no two Air Terminals are separated by a distance of more
than fifty (50) feet. In the event this is not practical, such as on a large open tank, Air
Terminal spacing around the perimeter shall be decreased to not more than fifteen (IS) feet,
with a total number around the perimeter not less than the total of the normally required
perimeter Air Terminals, plus the additional number of Air Terminals if Air Tenninals had
been installed on the interior at intervals not greater than fifty (50) feet.
F. Each Air Terminal shall be provided with two (2) contiguous paths to ground. On structures
with handrails, exposed structural members, or other conductors, provide a bond to structural
conductors from the lightning protection system. Handrails shall not be used as a main
lightning protection conductor. Provide a continuous lightning protection conductor parallel
with handrails and bond from it to each handrail section and a minimum of I 0' on center. In
the case of a structure or a portion of the structure where the structure itself is electrically
conductive, such as a light pole, tower, etc, that structure or portion of the structure itself
may be employed as part of the lightning protection system, provided it meets the minimum
requirements of UL 96 or UL 96A, and down conductors are specifically not required on
such structures.
PART 2 - PRODUCTS AND INSTALLA nON
2.01 AIR TERMINALS
A. Air Terminals shall be ofthe streamer delaying type. Each air terminal shall have a minimum
of five hundred dissipater electrode wires, none of which exceed ten thousands ofan inch
diameter. Electrode material shall be high quality 316 series stainless steel and shall have
proper base support for surface on which they are attached, and shall be securely anchored to
this surface. Terminals shall project a minimum of 18" above top of object to which
attached.
B. Streamer-delaying Air Terminals shall be manufactured by Lightning Master Corporation.
2.02 CONDUCTORS
A. Roof conductors shall consist of rope lay tinned copper conductor complying with the weight
and construction requirements for Class 11 lightning protection systems (I 15,000 CM).
Conductors shall be coursed to interconnect with air terminals, and in general, provide a two-
way minimum path to ground. The angle of any turn shall not exceed 90 degrees, and shall
provide an approximately horizontal or downward course. Down conductors shall be copper,
and shall be installed in PYC conduit and hidden within the structure. Approved bi-metal
transitions from aluminum conductors for bonding of aluminum roof structures (exhaust
fans, etc.) to copper down conductors shall be provided.
B. Only in the case where aluminum building flashing, aluminum handrails, aluminum catwalks
is specified, will aluminum roof conductors be acceptable; otherwise provide copper system
throughout. All down conductors shall be copper. Radius of bends shall not be less than 8
inches.
C. Counterpoise loop ground conductors shall be tinned copper and be a minimum size equal to
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the main roof conductor size (l15,000cm) or 2/0.
2.03 FASTENER
A. Conductor fasteners shall be ofthe same material as the conductor, having ample strength to
support conductor. Where fasteners are to be mounted in masonry or structural work, they
shall be furnished to the Masomy or Structural Contractor so they may be installed during
construction of the project.
B. All fasteners shall be of a heavy-duty bolted type typically used for Class 11 lightning
protection systems. Conductor to conductor connections shall be through heavy-duty
pressure type bolted fasteners. Splice and bimetal connections shall be through four bolt
pressure type heavy-duty connectors. Crimp fasteners shall not be used.
C. Dissimilar metals shall not be allowed to be in contact. Aluminum fittings shall be mounted
on aluminum where necessary, and bonded to the main system using bi-metal connectors.
Lead coating shall not be acceptable as a bi-metal transition.
D. All mechanical termination points and lugs shall have an anti-corrosive coating applied. In
areas subject to chemical corrosion (odor control, degasifiers, chern. Rooms, etc.) apply
Glyptal 1201 red enamel coating after termination is made. In other less corrosive areas
apply Permatex battery protector sealer (SA-9) or Glyptal1201 or equal.
E. Lugs for copper cable shall be high copper alloy terminals or stainless steel equal to Burndy
type QDA Qiklug. Lugs of aluminum alloy are not acceptable.
2.04 GROUND CONNECTIONS
A. Ground rods shall be installed in the quantities as indicated on the drawings and as required
by NFPA-780. Ground rods shall be placed a minimum of two (2) feet from building
foundations. In addition to above artificial grounds, one down conductor of each two-path
system shall be connected to water piping system with approved water pipe type strap
connector. All ground rods shall be 5/8" X 20' copperweld type. All connections made below
grade shall be exothermically welded (cadweld) connection and placed in a ground rod
inspection well as detailed.
B. Soil type in the area is primarily sand with rock layer below. The rock layers on site will
require drilling of ground rod holes. All ground rods shall be installed vertically. After
drilling and installation of rod, back fill with sand and hydro compact around rod to provide
low resistance to ground.
2.05 GROUND ROD & GROUND SYSTEM TESTING
A. The contractor shall utilize a clamp on ground loop tester during construction to check the
system for high resistance connections. The resistance at any point below the air terminal
shall be less than 5 ohms. The resistance at grade level on the down conductors should be
less than 2 ohms. The contractor shall investigate and correct high resistance readings within
the system. Demonstrate to the engineer's satisfaction with witness testing, provision of a
low resistance installation meeting this specification.
B. Provide three point fall of potential ground testing on a minimum of one ground rod on each
facility prior to connection to the counterpoise system. As an alternate provide ground rod
selective method testing with appropriate ground testers. The complete ground system shall
be three point fall of potential tested after completion of work. The system shall be tested at a
minimum ofthree points spaced around the site using the "Tagg Slope" technique. Total grid
system grounds should be less than one ohm.
2.06 INSTALLATION
A. Installation shall be made in an inconspicuous manner with conductors coursed to conceal
equipment as much as possible. Down conductors shall be concealed within structure, and
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shall be run in 1" PYC conduit. Surface mount down conductors to existing structures in a
neat and workmanlike manner. All metallic equipment within 6 feet of any lightning
conductor shall be bonded to conductor. System shall also be tied to the main service
electrical ground and other ground systems in the area.
2.07 COORDINATION
A. The installer shall coordinate the lightning protection work to insure a correct, neat, and
unobtrusive installation.
B. Any electrical service grounding system and metallic water service piping to the structure
shall be electrically bonded to the lightning protection system.
C. The contractor shall coordinate his work in such a manner as to not interfere with the normal
operation of the structure upon which the installation is performed.
2.08 Material Manufacturers
A. Equipment shall be as manufactured by Thompson Lightning Protection, Inc. Independent
Protection Company, Inc., Heary Brothers Lightning Protection, Harger Lightning
Protection, Robbins Lightning Protection or Lightning Master Corporation.
END OF SECTION
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SECTION 16709
SURGE SUPPRESSION, BONDING & GROUNDING
PART 1 GENERAL
1 APPLICABILITY
A. Surge suppression, grounding and bonding requirements outlined herein shall be
fully applicable to all electrical and electronic systems which are provided as part of
this contract under this division. It is intended that surge suppressors, grounding and
bonding provisions as described herein be provided for each system or device by the
contractor installing the system or device. Under certain circumstances, Surge
suppression devices, bonding and special grounding may be required as provision
for owner provided systems or equipment. Specific requirements for such additional
surge suppression, bonding, and grounding will be indicated on the contract
drawings or described elsewhere in this specification.
B. Surge suppression, bonding and grounding shall be required on electrical and
electronic systems apparatus residing outside the confines of a protected building.
Tower mounted lighting, RF transmitters and active repeaters are examples of these
types of devices.
C. Requirements of this section shall be fully applicable to systems furnished under
other divisions when reference is made to this section. References shall be by
section number, name, or both.
2 REFERENCE STANDARDS AND PUBLICA nONS
A. The following standards and publications are referenced in various parts of this
section and shall apply to this work:
1. ANSI/IEEE C62.4l-1980 (IEEE 587) Guide for Surge Voltages in Low-
Voltage AC Power Circuits. For purposes of this specification, category A
and B exposures shall be as described. Category C exposure shall be assumed
to be similar to category B in terms of surge waveforms, however, maximum
voltage amplitude shall be assumed to be ten kilovolts and maximum current
amplitude shall be assumcd to be ten kiloamperes.
2. ANSI/IEEE C62.3l-l977 (IEEE 465.1-1977) Standard Test Specifications for
Gas Tube Surge Protective Devices.
3. ANSI/IEEE C62.1-1984 Standard for Surge Arresters for AC Power Circuits.
4. ANSI/IEEE C62.32-198l Standard Test Specifications for Low-Voltage Air
GaP Surge-Protective Devices.
5. ANSI/IEEE C62.33-l982 Standard Test Specifications for Varistor Surge-
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Protection Devices.
6. ANSI/IEEE Standard 81-1983 Guide for Measuring Earth Resistivity. Ground
Impedance. and Earth Surface Potentials of a Ground Svstem.
7. Lightning and 60 Hz Disturbances at the Bell Operating Companv Network
Interface. Bell Communications Research Technical Reference TR-EOP-
00000 I, Issue I, June 1984
8. UL-1449 Standard for Transient Voltage Surge Suppressors Issue I August
28, 1985.
B. ANSI/IEEE standards may be obtained from the Institute of Electrical and
Electronics Engineers, Inc. 345 East 47th Street, New York, NY, 10017.
C. Qualified surge suppression and equipment manufacturers may obtain a copy of the
Bell Communications Research Standard through a Bell Operating Company
representative. This document is also on file at the Engineer's office for review by
interested parties. Permission to copy this document has not been granted.
3 SYSTEM PERFORMANCE CRITERIA
A. Surge suppression, grounding and bonding required by this specification for
protection of electronic systems shall effectively protect the systems to which it is
applied against lightning and other surge transients throughout the useful life of the
system. Surge suppression devices and related grounding and bonding systems shall
be designed and installed in such a manner that normal operation of the system is
not impaired due to installation of such devices.
B. Calculations for suppressor pulse-lifetime ratings shall assume the devices are
installed in areas of medium exposure when such devices are installed in
ANSI/IEEE 62.41-1980 category A or B locations. Devices in category C locations
shall be considered to be in an area of high exposure. Frequency of surge
occurrence and surge amplitudes shall be as outlined in this standard with a required
minimum suppressor lifetime of fifteen years.
C. Electronic system equipment shall be protected by dealing with each group of
related devices as a "cluster" of cquipment and protecting all metallic circuits which
enter and leave the cluster. The cluster may be as large as a computer room, control
room or equipment room or as small as an individual equipment cabinet. For
purposes of establishing maximum size, all equipment within a protected cluster
shall fall within a circular arca of not greater than twenty-five feet in radius around a
common point. All metallic circuits entering and leaving the equipment cluster shall
be grouped together at a common point or "window" not larger than four by eight
feet in dimension and protected with one exception. Circuitry which is supported by
equipment within the cluster and extending beyond the cluster to serve devices
within the building shall not require protection provided all of the following
conditions are met:
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1. Circuitry is enclosed within ferrous metal conduit.
2. No wiring within the raceways containing such circuits extends beyond the
confines of the building.
3. No connection is made between this wiring and conduit ground outside ofthe
protected perimeter established for the equipment cluster.
4. All devices connecting to such circuits shall have no connections to conduit,
other grounds or other power sources outside the perimeter established for the
equipment cluster.
5. All wiring to devices (and circuitry within devices) must be insulated from
conduit and other grounds to a minimum impulse breakdown level of 5000
(five-thousand) volts or greater.
D. All equipment chassis within a protected equipment cluster shall be effectively
isolated from stray grounds and bonded only to a ground bar at the "window"
location for the cluster. The ground terminals of the suppressors protecting the
equipment cluster shall also connect to this bar using a short direct route. The
ground bar for each equipment cluster shall interconnect with each of the following
external grounding systems:
1. Electrical "Green-Wire" grounds serving equipment within the cluster.
2. The building metallic structure at the closest point.
3. The nearest point of attachment to the building cold water piping system (if
metallic).
4 SPECIAL CABLING REQUIREMENTS
A. Cabling extended beyond the protected confines of a building, either direct burial or
enclosed in non-ferrous conduit shall be designed for direct burial in a high lightning
environment.
B. Cables shall be expected to carry significant potentials associated with the direct or
induced effects of lightning and protection from pinhole sheath damage and
subsequent electrolytic action shall be provided.
C. Cable design shall include a metallic shield and high density polyethylene outer
jacket. Flooding compound shall be provided between the jacket and shield to heal
pinhole jacket penetrations resulting from lightning. Standard direct burial
telephone cables and CATV cables are acceptable for this application.
5 EXEMPTION FROM EXTERNAL SURGE SUPPRESSION REQUIREMENTS
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A. It is recognized that equipment and system manufacturers are beginning to address
surge suppression as an inherent part of their equipment design and it is the intent of
this specification to permit the use of such equipment without requiring
supplementary external surge suppression.
B. Specific exemption will be granted for such systems and equipment upon receipt of
documented tests from the manufacturer certifying the ability of the equipment or
system to withstand common and differential mode surges on all metallic circuits
using levels and waveforms described in ANSI/IEEE C62.4 I - I 980 and as extended
in the standards paragraph of this section. Pulse lifetime and withstand ratings for
equipment shall be certified based on the appropriate category of exposure for a
medium or high exposure location as appropriate to the location in which the
equipment will be installed.
C. Exposure for circuits which connect to telephone company lines shall be determined
from the Bell Communications Research Standard listed herein. Frequency of surge
occurrence shall also be determined from this standard.
D. Surge suppression furnished as an integral part of the equipment or system shall be
designed for a useful lifetime of fifteen years under conditions of exposure as
outlined in the appropriate standard.
E. Grounding and bonding provisions described herein shall apply to all equipment
which is internally protected by the equipment manufacturer.
F. In absence ofa more relative standard, ANSI/IEEE C62.41-l980 exposure
categories and waveforms shall be utilized in determining protective requirements
for both power and signal wiring. The branch circuit wiring systems providing
power to various electronic systems are quite similar to signal wiring in terms of
topography and electrical characteristics which determine their ability to propagate
surge energy.
6 MANUFACTURER QUALlFICA nONS
- A. All surge suppression devices shall be manufactured by a company normally
engaged in the design, development, and manufacture of such devices for electrical
and electronic systems equipment.
B. The surge suppressor manufacturer shall offer factory repair service for all non-
encapsulated assemblies and replacement for all encapsulated units.
7 WARRANTY
A. All surge suppression devices and supporting components shall be guaranteed by the
installing contractor to be free of defects in materials and workmanship for a period
of one year from the date of substantial completion for the system to which the
suppressor is attached.
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B. Any suppressor which shows evidence of failure or incorrect operation during the
warranty period shall be repaired or replaced at no expense to the Owner. Since
"Acts of Nature" or similar statements include the lightning threat to which these
suppression devices will be exposed, any such clause limiting warranty
responsibility in the general conditions of this specification shall not apply to this
section.
8 SUBMITTAL
A. Surge suppression devices shall be submitted as an integral part of the equipment
submittal for the system or equipment which they protect. Surge suppressors and
their wiring, bonding, and grounding connections shall be indicated on the wiring
diagrams for each system. Equipment grouped in clusters for the purposes of
protection shall be indicated on the drawings by cluster and all bonding and
grounding connections for the cluster shall be shown.
B. The surge suppression submittal shall also include, but shall not be limited to, the
following additional data:
1. Complete schematic data for each suppressor type indicating component
values, part numbers, conductor sizes, etc.
2. Dimensions for each suppressor type indicating mounting arrangement and
required accessory hardware.
3. Manufacturers certified test data indicating the ability of the product to meet
or exceed requirements of this specification.
4. If requested, a non-encapsulated sample of each suppressor type to be used for
testing and evaluation. If requested by the manufacturer, sample will be held
confidential unless cause is found to suspect that actual devices furnished do
not match sample. Samples will not be returned.
5. It is recognized that certain manufacturers do not wish to divulge the contents
of their products. Under these conditions, and in lieu of the required sample,
the suppressor manufacturer may submit certified test data from a recognized
independent testing laboratory indicating compliance with each element of
this specification.
PART 2 - PRODUCTS
I POWER SUPPRESSORS FOR ELECTRONIC EQUIPMENT
A. Each item of electronic equipment provided under this contract and connected by
line cord or direct wired to the building electrical system shall be provided with a
three-stage single or multi-phase hybrid suppressor. Fusing shall be provided which
removes the protective elements from the circuit upon failure. Visual indication or
loss of output power shall be used to notify the user of device failure.
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B. Suppressors shall be rated for a minimum of 125% of their continuous electrical
load. Suppressors for cord connected equipment shall be equipped with standard
NEMA cordsets one of which includes a molded grounding receptacle and the other,
a molded grounding plug. Suppressor shall be installed in series with the power
cord for the protected equipment. Where several items of equipment are grouped
within the same cluster of equipment, one suppressor may be used in conjunction
with properly sized grounding plugstrip to serve the equipment.
C. Suppressors for direct wired equipment shall be identical in internal design to the
unit described for cord connected applications, however, protected screw terminals
suitable for termination of solid copper wire shall be used for wiring terminations.
One suppressor may be used to support several equipment cabinets provided all
cabinets are located within the same equipment cluster and the maximum connected
load shall not exceed eighty percent of the rated suppressor capacity.
D. Suppressors shall be constructed with a phenolic non-flammable exterior housing
with provisions for mounting to the interior of equipment racks, cabinets, or to the
exterior of free-standing equipment. Suppressors shall be constructed as three-stage
devices. The first stage shall include a high-energy varistor clamp between line and
neutral and from neutral to ground. The second stage shall consist of series air-core
inductor installed in the line conductor(s) to properly coordinate the action of the
first and third stages. The third, fast acting, hard clamping stage shall consist of a
network of silicon avalanche bipolar surge suppression diodes between the neutral
and line conductor( s).
E. Minimum suppressor performance characteristics shall be as follows:
I. Maximum single impulse line-to-neutral current withstand: 15,000 Amperes
(8 x 20 us waveform)
2. Maximum single impulse neutral-to-ground current withstand: 10,000
Amperes (8 x 20 us waveform)
3. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @
3000 Amperes): 1200 occurrences
4. Pulse lifetime rating for 200 Ampere (8 x 20 us waveform): 10,000
occurrences
5. Worst case response time: Five Nanoseconds
6. Worst case (Maximum Single Impulse Current Conditions) clamping voltage:
400% of nominal phase-to-ground RMS voltage.
7. Initial breakdown voltage: 200% of nominal phase-to-ground RMS voltage.
2 SUPPRESSORS FOR SINGLE CONDUCTOR PROTECTION
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A. Suppression devices for single conductor protection shall be provided in multi-
circuit pluggable packages suitable for the circuitry to be protected. Units for
protection of data circuits which utilize standard connector configurations shall be
equipped with connectors which install in series with the data cable to the protected
equipment. Units intended for use with individual wiring conductors shall be
equipped with accessory terminal blocks or strips suitable for the type of wiring
being used. Suppressors installed outside of terminal or equipment cabinets (except
at designated terminal boards) shall be provided with a housing approved for the
location.
B. Suppression for each circuit shall consist of a two-element gas tube first stage, a
series isolating element, and a silicon avalanche second stage. Resistive limiting
elements may be used where the voltage drop across the series resistance has no
effect on circuit operation. Inductive series elements may be used on other circuits
to effectively pass direct or low frequency alternating currents while limiting
passage of fast risetime surge waveforms. Silicon avalanche devices shall be
designed for surge suppressor applications and shall be polarized or bipolar as
appropriate for each circuit.
C. Minimum performance criteria (each circuit) shall be as follows:
1. Maximum single impulse conductor-to-ground current withstand: 12,000
Amperes (8 x 20 us wavefornl)
2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @
3000 Amperes): 1200 occurrences
3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000
occurrences
4. Worst case response time: Five Nanoseconds
5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of
normal operating voltage amplitude and polarized or bipolar as appropriate for
each circuit type.
6. Initial breakdown voltage: 150 percent of normal operating voltage peak
amplitude plus or minus five percent.
7. Capacitance: Capacitance for DC or low frequency lines shall not exceed
2000 picofarads measured line to ground at the rated diode breakdown
voltage. Suppressors intended for use on high frequency or high baud rate
circuits shall be designed for use on such lines. Capacitance of such units
shall be equated to equivalent cable feet based on the type of cabling used for
the particular circuit. The sum of equivalent cable feet for suppressors and
actual cable footage shall not exceed manufacturers recommended maximum
values for the system on which these devices are installed.
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8. Circuit compensation: Any additional circuit compensation (gain or
equalization) required to compensate for the insertion of surge suppression
devices shall be provided as part of this contract.
3 SUPPRESSORS FOR CONDUCTOR PAIR PROTECTION
A. Suppression devices for conductor pair protection shall be provided in multi-circuit
pluggable packages suitable for the circuitry to be protected. Units for protection of
data circuits which utilize standard connector configurations shall be equipped with
connectors which install in series with the data cable to the protected equipment.
Units intended for use with multiple wiring pairs shall be equipped with an
accessory terminal blocks or strips suitable for the type of wiring being used. Single
pair units shall be configured as encapsulated units with wire leads or screw-
terminal wiring terminations. Suppressors installed outside ofterminal or
equipment cabinets (except at designated terminal boards) shall be provided with a
housing to afford physical protection for the surge suppression modules.
B. Suppression for each pair shall consist of a three-element gas tube first stage, an
isolating element in series with each conductor of the pair, and a silicon avalanche
second stage. Second stage clamping shall be provided across the pair for
differential mode protection and from each side of the pair to ground for common
mode protection. Resistive limiting elements may be used on low current circuits
where the effect of voltage drop across the series resistance has no effect on circuit
operation. Inductive series elements shall be used on higher current circuits to
effectively pass direct or low frequency alternating currents while limiting passage
of fast risetime surge waveforms. Silicon avalanche devices shall be designed for
surge suppressor applications and shall be polarized or bipolar as appropriate for
each circuit.
C. Minimum performance criteria (each circuit) shall be as follows:
I. Maximum single impulse conductor-to-ground or conductor to conductor
current withstand: 10,000 Amperes (8 x 20 us waveform)
2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @
3000 Amperes): 10 occurrences
3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): ] ,000
occurrences
4. Worst case response time: Five Nanoseconds
5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of
normal operating voltage amplitude and polarized or bipolar as appropriate for
each circuit type.
6. Initial breakdown voltage: 150 percent of normal operating voltage peak
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amplitude plus or minus five percent.
7. Capacitance: Capacitance for DC or low frequency lines shall not exceed
2000 picofarads measured line to line or line to ground at the rated diode
breakdown voltage. Suppressors intended for use on high frequency or high
baud rate circuits shall be designed for use on such lines. Capacitance of such
units shall be equated to equivalent cable feet based on the type of cabling
used for the particular circuit. The sum of equivalent cable feet for
suppressors and actual cable footage shall not exceed manufacturers
recommended maximum values for the system on which these devices are
installed.
8. Circuit compensation: Any additional circuit compensation (gain or
equalization) required to compensate for the insertion of surge suppression
devices shall be provided as part of this contract.
4 BONDING AND GROUNDING CONDUCTORS AND MATERlALS
A. Conductors utilized for surge suppressor bonding shall be a minimum of #6 A WG
solid insulated copper unless otherwise specified.
B. Ground bus or strip material shall be copper, a minimum of 26 gauge in thickness
and three inches wide unless otherwise specified. Bus materials may be secured to
surfaces with an appropriate mastic material or mechanical fasteners. Bus
connections shall be bolted or brazed and reinforced as necessary on thin bus
material to provide a permanent and secure connection.
C. Unless otherwise specified, all surge suppression grounding electrodes shall be 5/8"
diameter copperweld rods, twenty feet in length.
D. Connectors, splices, and other fittings used to interconnect grounding conductors,
bond to equipment or ground bars, shall comply with requirements of the National
Electric Code and be approved by Underwriters Laboratories for the purpose.
E. Connectors and fittings for grounding and bonding conductors shall be of the
compression or set-screw type in above grade locations. Connections below grade
shall be exothermically welded or brazed.
F. Bonding connections between electrically dissimilar metals shall be made using
exothermic welds or using bi-metal connectors designed to prevent galvanic
corroSIOn.
PART 3 - EXECUTION
SEGREGATION OF WIRING
A. All system wiring shall be classified into protected and non-protected categories.
Wiring on the exposed side of suppression devices shall be considered unprotected.
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Surge suppressor grounding and bonding conductors shall also fall into this
category .
B. All wiring between surge suppressors and protected equipment shall be considered
protected. Isolated circuitry exempted from surge suppression requirements in part
one of this section shall also be considered protected.
C. A minimum of three inches of separation shall be provided between parallel runs of
protected and unprotected wiring in control panels, terminal cabinets, terminal
boards and other locations. In no case shall protected and unprotected wiring be
bundled together or routed through the same conduit. Where bundles of protected
and unprotected wiring cross, such crossings shall be made at right angles.
2 INSTALLATION OF SUPPRESSORS
A. Suppressors shall be installed as close as practical to the equipment to be protected
consistent with available space. Where space permits and no code restrictions apply,
suppressors may be installed within the same cabinet as the protected equipment.
Suppressors installed in this manner shall utilize the equipment chassis as a medium
for bonding of their ground terminals. Bonding jumpers not exceeding two inches in
length shall be installed between the chassis and suppressor ground terminals.
Bolted connections with star washers shall be used to insure electrical and
mechanical integrity of connections to the equipment chassis.
B. Suppressors shall be installed in a neat, workmanlike manner. Lead dress shall be
consistent with recommended industry practices for the system on which these
devices are installed.
C. Bonding between ground terminals for power and signal line suppressors serving a
particular item or cluster of equipment shall be kept as short as possible. Where
practical, suppressors shall be installed in a common location for the cluster with
their ground terminals bonded closely together. For installations requiring
separation between the various suppressor grounds and equipment chassis within an
equipment cluster, the following table shall be used to determine bonding conductor
requirements (distances are measured between most distant suppressor or chassis
grounds):
BONDING DISTANCE MA TERrAL
o - 10 feet
10- 25 feet
25- 50 feet
Over 50 feet
#6 A WG Bare Copper (Solid)
1-1/2" Copper Strip 26ga. Min.
3" Copper Strip 26ga. Min.
6" Copper Strip 26ga. Min.
Care shall be exercised to avoid connection of incidental grounds to the bonding bus
system.
D. Where terminal cabinets are used to house surge suppressors, painted steel
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backboards shall be used to serve as a low impedance ground plane for bonding
surge suppressor leads together. Terminal boards used for the same purpose shall be
laminated with a single sheet of 14 ga. galvanized steel to serve as a ground plane
for suppressors. Suppressors with ground terminals not inherently bonded to the
ground plane through their mounting shall be bonded to this plane using a two-inch
maximum length of#12A WG copper wire and suitable lug. Ground planes and
backboards shall be drilled to accept self tapping screws, any paint in the area of the
bond shall be removed and star washers shall be used.
E. Supplementary grounding and bonding connections required between the bonding
bus or ground plane for each equipment cluster and other locations as indicated
herein shall be accomplished using #6 A W G bare copper conductor and approved
connections unless otherwise noted.
END OF SECTION
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SECTION 16900
TELEMETRY SYSTEM
PART 1- GENERAL
1.01 SCOPE
A. Furnish, install and make operational, complete with all accessories, microprocessor
based digital telemetry and monitoring system as described herein and shown on the
contract drawings. This specification is intended to be used in conjunction with all
drawings supplied and is not intended to be complete without reference diagrams on
system configurations, etc. It is the intent of this specification that the remote
telemetry system contractor has single source responsibility for the complete system.
All materials and labor shall be provided for a fully functional system including any
items which are required for system operation but are not specifically addressed in
this document or on the contract drawings.
B. This Specification has been developed to establish minimum requirements for a
custom designed Supervisory Control and Data Acquisition (SCADA) system for
Collier County Waste Water Collection System. This system shall be designed,
constructed, tested and documented in strict accordance with the guidelines of this
document. The contractor shall provide all labor, materials, equipment, power
supplies, relays, transmitters, controllers, conduit, wiring, electrical modifications,
antenna, antenna structures, radios, computers, software, training, and incidentals
that are required to furnish and install, field test, functionally demonstrate and place
in service a fully integrated and functional Radio Telemetry SCADA system.
C. Provide the telemetry system for this project to match the existing Collier County
Collections telemetry systems by Dataflow Systems. The telemetry system shall
include the RTU, antenna system and hardware and software integration at the
existing Collier County Collections Central Telemetry System.
1.02 TELEMETRY SYSTEMS fNTEGRATOR
A. The contractor is required to utilize the services of the proprietary telemetry system
vendor, Dataflow Systems.
1.03 SUBMITTALS
A. Shop Drawings shall be submitted in accordance with Section 16050, Shop
Drawings, Product Data and Samples. These drawings shall include:
1. A cover sheet consisting of a Bill of Material, purchase order number,
manufacturer's job number, application and shipping address.
2. Mechanical layouts detailing the overall external dimensions of all
enclosures. Include all pertinent information such as location of door
handles, windows, lifting lugs and enclosure mounted items such as
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controller chassis and I/O modules (show cable connections on modules),
relays, cooling fans, etc.
3. Details for mounting of the processor, I/O racks, relays, disconnect switch,
fuse blocks, wireways, etc. All materials shall be labeled to provide easy
cross-reference to the Bill of Material listing. This drawing shall show the
layout of the control panels indicating every device with complete
identification, data sheets and source ofthe material.
4. Electrical drawings detailing all hardwiring, done by the supplier, to devices
such as relays, pump controller modules, disconnect switches, fuse blocks,
etc. Provide individual wire numbers and relay contact cross-reference
designations.
5. A description of all input and output modules by name, rack, module and
terminal location.
6. A description of all terminal block designations and individual terminal
numbers. Provide complete master wiring diagrams, elementary schematics
and control schematics. Suitable outline drawings shall be furnished as part
of this submittal.
B. Standard or typical pre-printed sheets or drawings simply marked to indicate
applicability to this contract will not be acceptable. Shop drawings shall be on
standard 22" X 34" or II" X 17" media; drawn with a computer aided design
package. The computer aided design package shall be AUTO CAD version 14 or
higher or converted to Autocad DXF format. Engineering backgrounds ofthe project
shown on the contract documents will be available to the contractor on request.
Submittals shall 3.5" floppy disk copies using IBM compatible DOS format.
C. All control schemes, software, firmware, drawings, operation and maintenance
manuals and other features employed or developed for this project shall become the
property of the Collier County Utilities Department without restriction on their reuse.
D. Provide eight additional sets of operation and maintenance manuals containing the
above information with recommended maintenance data to the owner by signed
receipt prior to the system substantial completion. These manuals shall also include:
I. System specifications
2. Electrical power requirements
3. Application considerations
4. Assembly and installation procedures
5. Power up procedures
6. Troubleshooting procedures
7. Programming procedures
8. Explanation of internal fault diagnostics
9. Shut down procedures
10. Recommended spare parts list
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II. Common trouble faults and cures.
1.04 SYSTEM WARRANTY:
A. The telemetry network, accessory equipment, and RTUs shall have a minimum ofa
two-year warranty that covers all parts and labor against defects in materials,
workmanship or software.
PART 2 - PRODUCTS; HARDWARE AND SOFTWARE REQUIREMENTS
2.01 Hardware and software shall be provided as detailed in the Data Flow Systems proposals
attached as appendix-A (Quotation No. 090811-01-DW Collier County Utilities MPS-I02
Electrical & Telemetry Upgrades) and made an attachment to this specification.
Provide for communications with the pump station PLC through hardwired inputs to the process.
2.02 Telemetry Control/Monitoring/Alarm Signals communicated with the pump station PLC
shall include but not be limited to.
A. The following digital input status signals from the PLC shall be provided to the
R TU for transmission to the Master Telemetry Unit.
1. Pump run/off (each pump)
2. Pump not in auto (not ready) each pump
3. Utility supplying load
4. Generator supplying load
5. Generator running.
B. The following digital input alarm signals from the PLC shall be provided to the
R TU for transmission to the Master Telemetry Unit.
I. Control power failure; UPS fault.
2. VFD Failure from each pump
3. Control Bldg. Temperature Alarm
4. Generator Trouble
5. Generator Shutdown
6. PLC fail
7. Utility Power Failure
8. Pump check valve alarm from each pump
9. Pump VFD current limit each pump.
13. Other input as specitied or required.
C. The following analog input monitoring signals from the PLC shall be provided to
the RTU for transmission to the Master Telemetry Unit.
I. Discharge flow rate
2. VFD speed each drive.
3. Discharge pressure
4. Diesel Tank level
5. Pump Suction Pressure(each pump)
D. The following digital output control signals from the Master Telemetry Unit shall
be transmitted to the RTU.
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I. Generator Start and transfer load
2. Lead lag pump select
3. AllowlDisallow pump run each pump
4. Check Valve Fault each pump
2.03 In addition to the above parameters, provide RTU capable of downloading virtual setpoint
parameters for control of the pump station. Virtual parameters shall include but not be
limited to.
I. High pressure alarm
2. All pumps off
3. Lead pump start
4. lag pump stop
5. max speed setpoint
6. lag pump start
7. low pressure alarm
PART 3 EXECUTION
3.01 INSTALLATION
A. The work included in this section consists of furnishing, installing and placing in
operation the instruments and appurtenances, including all conduit, wiring and
circuitry, necessary to provide the Owner with a fully operable system properly
calibrated and installed.
B. Include the services of a factory trained, qualified service engineer ofthe equipment
manufacturer to inspect the complete equipment installation to assure that it is
installed in accordance with the manufacturer's recommendations, make all
adjustments necessary to place the system in trouble-free operation and instruct the
operating personnel in the proper care and operation of the equipment furnished.
C. All workmanship utilized in the manufacture and installation ofthis system shall be
of the highest quality and performed in a manner which is consistent with all
accepted practices for industrial controls.
D. The supplier shall construct and verify proper operation and communications of each
assembled system before shipment to the site. These performance tests shall be
repeated once the system is installed and re-assembled.
3.02 START UP SUPERVISION
A. The system supplier shall provide a qualified service technician to inspect all final
connections and check the system prior to start-up of the telemetry system. The
service technician shall coordinate with the owner's representative for functional
check-out of the complete system.
B. A system software engineer shall be provided on site during start up ofthe telemetry
system to make modifications to the RTUs and Control Computer/ Operator
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Interfaces and re-program the system as deemed necessary or as requested by the
engineer or owner.
C. The system supplier shall provide one (I) day of training instruction to the owners
personnel to include; operator training, R TV software database structure, CTV
software database structure; R TV and CTU software database building; system repair
and maintenance.
END OF SECTION
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Dt:tto flow $'fst(J/1fS
Page 1 of3
QUOTATION NO. 090811-01-DW
COLLIER COUNTY UTILITIES
MPS-102 ELECTRICAL & TELEMETRY UPGRADES
AUGUST 11, 2009
Data Flow Systems will provide a fabricated RTU for the hardwired "Terminal Block F" connections
identified on drawing E16. The future I/O points listed in the specification are available on RTU
modules, but are not wired. The complete I/O list is outlined below. Other than the "virtual parameters"
identified, no automation is provided by the RTU. Please note that an interface with the existing PLC
is not anticipated or included in this scope. The RTU radio will be programmed to communicate with
the existing Shirley Street tower. This quotation includes the following:
BILL OF MATERIAL:
. REMOTE TERMINAL UNIT (RTU):
(1) RTU Enclosure SS 304, Nema 4x, 36x30x10
(2) Modular Backplane
(1) RF Pigtail
(1) Radio interface Modulelradio
(1) PLC Bypass Card
(3) Digital Monitor Module (DMM002)
(1) Digital Control/ Monitor Module (DCM003-1)
(2) Analog Monitor Module (AMM002)
(1) Power Supply Module
(3) Spare Module Positions
(6) Edco DRS-036 Analog Surge Protection
(1) Cosel PS R50AU-24N
(1) Misc. Wago Terminals
(1) RTU Surge Protection Kit
(2) 7 AH Backup Battery w/Shelf
(1) Polyphaser Coaxial Surge Protector
(1) 20' Rohn Tower Assembly
(1) RTA209 Yagi Antenna
(1) Coaxial Cable Assembly
. RTU I/O POINT LIST:
DIGITAL INPUT (01)
(1) 01 PUMP #1 RUNNING
(1) 01 PUMP #2 RUNNING
(1) 01 CONTROL POWER LOSS
(1) 01 UPS LOWBATTERY
(1) 01 MAIN POWER FAILURE
(1) 01 PRESSURE TRANSMITTER FAILURE
(1) 01 SYSTEM COMMON ALARM
(1) 01 PLC FAILURE
SCADA SOLUTIONS SINCE 1981 vVl.vw.dataflowsys_com
Data Flow Systems, Inc. . 605 John Rodes Blvd. . rV1elbourne, Florida 32934 . PH: 321_259_5009 . FAX: 321.259.4006
(1) 01 COOLING JACKET FAILURE
(1) 01 PI HOA AUTO MODE
(1) 01 PI ALARM
(1) 01 P2 HOA AUTO MODE
(1) 01 P2 ALARM
(1) 01 GENERA TOR RUNNING
(1) 01 GENERA TOR FAILURE
(1) 01 GENERATOR LOW FUEL LEVEL
(1) 01 UTILITY SUPPL YING LOAD (FUTURE POINT, NOT WIRED)
(1) 01 GENERA TOR SUPPL YING LOAD (FUTURE POINT, NOT WIRED)
(1) 01 GENERA TOR TROUBLE (FUTURE POINT, NOT WIRED)
(1) 01 GENERATOR SHUTDOWN (FUTURE POINT, NOT WIRED)
(1) 01 VFD #1 FAILURE (FUTURE POINT, NOT WIRED))
(1) 01 VFD #2 FAILURE (FUTURE POINT, NOT WIRED)
(1) 01 CONTROL BUILDING TEMPERA TURE ALARM (FUTURE POINT, NOT WIRED)
(1) 01 PUMP #1 CHECK VALVE ALARM (FUTURE POINT, NOT WIRED)
(1) 01 PUMP #2 CHECK VAL VE ALARM (FUTURE POINT, NOT WIRED)
(1) 01 VFD #1 CURRENT LIMIT (FUTURE POINT, NOT WIRED)
(1) 01 VFD #2 CURRENT LIMIT (FUTURE POINT, NOT WIRED)
(4) 01 AS REQUIRED (FUTURE POINT, NOT WIRED)
DIGITAL OUTPUT (00)
(1) DO GENERA TOR START (FUTURE POINT, NOT WIRED)
(1) DO TRANSFER LOAD (FUTURE POINT, NOT WIRED)
(1) DO LEAD PUMP SELECT (FUTURE POINT, NOT WIRED)
(1) DO LAG PUMP SELECT (FUTURE POINT, NOT WIRED)
(1) DO ALLOW/DISALLOW PUMP 1 RUN (FUTURE POINT, NOT WIRED)
(1) DO ALLOW/DISALLOW PUMP 2 RUN (FUTURE POINT, NOT WIRED)
(1) DO PUMP 1 CHECK VALVE FAULT (FUTURE POINT, NOT WIRED)
(1) DO PUMP 2 CHECK VALVE FAULT (FUTURE POINT, NOT WIRED)
ANALOG INPUT (AI)
(1) AI PUMP 1 SUCTION PRESSURE
(1) AI PUMP 2 SUCTION PRESSURE
(1) AI DISCHARGE PRESSURE
(1) AI VFD 1 SPEED REFERENCE
(1) AI VFD 2 SPEED REFERENCE
(1) AI EFFLUENT FLOW
(1) AI DISCHARGE FLOW (FUTURE POINT, NOT WIRED)
(1) AI DIESEL TANK LEVEL (FUTURE POINT, NOT WIRED)
VIRTUAL PARAMETERS NP)
(1) VP HIGH PRESSURE ALARM
(1) VP ALL PUMPS OFF INDICATION
(1) VP HIGH PRESSURE ALARM
. ON-SITE SERVICES
This item includes the following services:
Tower Installation
RTU Wiring
Start-up Commissioning
FCC licensing services
. SPARE PARTS - NONE
. INSTRUMENTATION - NONE
2
SCADA SOLUTIONS SINCE 1981 - \N\WJ.dalaOowsys.com
Data Flow Systems, Inc. . 605 John Rodes Blvd. . Melbourne. Florida 32934 . PH: 321.259.5009 . FAX.: 321.259.4006
DFS SCOPE OF WORK:
DFS will assemble and test the RTU in our facility and install the antenna system. DFS will ship the
RTU enclosure to the contractor for mounting purposes. DFS will terminate wires in the RTU to
Terminal Block F (see I/O requirements). Future I/O will not be wired. DFS will provide a graphical
screen matching other MPS graphical screens to the extent possible. DFS will provide required FCC
licensing services, complete all computer configurations at the central site, and provide on-site start-
up services.
WORK TO BE PERFORMED BY CONTRACTOR:
a) Provide and install all required instrumentation devices.
b) Provide and install all required conduit work and wire.
c) Provide and install all required hardware to accommodate RTU I/O Requirements.
d) Conduit and 120 VAC power to the DFS panel will be provided and installed by electrical
subcontractor, in accordance with NEC. Analog signals require shielded 2-conductor wire, and
must be in separate conduit from all other wiring.
e) Conduit, 1" minimum from base of proposed tower installation to DFS panel for coaxial cable. All
bends shall conform to NEC for smooth radius (lead sheath) bends 11" min. No LBs or right angle
fittings are permitted on this conduit.
RTU I/O REQUIREMENTS:
a) All digital inputs to the DFS RTU are expected to be dry contact type from existing terminal
connections (TBF).
b) All analog inputs are expected to be 4-20mA and at minimum to provide 500 ohm impedance
drive.
c) Mixing of multiple sources of power is not permitted.
QUOTATION NOTES:
1. Only those items and services specifically listed above are inciuded in this quotation.
2. The antenna subsystem requirements are based on our radio study report. It is the responsibility of the
contractor to coordinate tower location with the owner.
3. All required underground locate information must be provided before DFS installation services can be
scheduled. DFS will provide an underground locate information form with the Agreement of Sale
documents. The Customer will be the underground iocate Point of Contact. The Customer must
provide a contact name and phone number for use by locate services should they need to gain access
to a secured construction area or are unable to find the site based on locate info provided by
Customer.
4. All required instruments are to be provided and installed by others. Provider of instrumentation, devices
and services are responsible for signal/noise quality to meet the requirements of the control/telemetry
system.
5. Surge protection to protect devices outside of the DFS panel is the responsibility of
instrumentation/device providers.
6. All required conduit and wire is to be provided and installed by others. AC service wires, digital signal
wires and analog circuit wires will not occupy the same conduits.
3
SCADA SOLUTIONS SINCE 1981 VIfINW.dataflowsys.com
Data Flow Systems, Inc. . 605 John Rodes Blvd. . Melbourne, Florida 32934 . PH: 321.259.5009 . FAX: 321.259.4006
7. Grounding and Bonding of the antenna tower, tower ground rod, RTU and Power Utilities ground rod is
the responsibility of others. The grounds lugs and taps for all need to be bonded together using a
continuous single 6 AWG solid bare copper wire.
8. This quote includes 6 copies of the Submittal, and 6 copies of the 0 & M Manuals for each RTU.
Additional copies are available at $35.00 each. The contract must be adjusted to reflect a requirement
for additional copies.
9. Ensuring the site is ready when services are requested is the responsibility of the customer/contractor.
Additional trips and site services beyond those listed will be billed on a time and material basis when
scheduled. A Purchase Order (P.O.) for this activity will be required at that time. If the cause of the
additional activity is the responsibility of DFS, a P.O. will not be required.
10. This quotation identifies work that is the responsibility of others (contractor) as defined
above. It must be noted that if DFS personnel arrive at the job site as scheduled, and the
"responsibility of others" work has not been completed, one of the following two actions will
occur at DFS' sole discretion:
a) DFS completes the work. The contractor will be invoiced for additional time & materials
required ($108.00 per hour labor rate, minimum 1 hour).
b) DFS reschedules its activity pending completion of work by others. The contractor will be
invoiced an additional round-trip travel charge (minimum charge is $1,296.00).
12. Our Agreement of Sale must be completed otherwise payment terms are C.O.D.
LEAD TIME:
Submittal: 45 days, after receipt of order.
Equipment: 120 days, after receipt of approved submittal
PRICING & TERMS:
This quotation totals $21,769.00. All applicable taxes must be added. DFS Payment terms are Net 30
with approved credit. This quote will be honored for 90 days. Please note that DFS will submit an
invoice for each activity and the payment schedule for each site is as follows:
25% Mobilization (Submittal issued)
65% Delivery of Product
10% Start Up
4
SCADA SOLUTIONS SINCE 1981 - W\NWdataflowsys.com
Data Flow Systems, Inc. . 605 John Rodes Blvd, . Melbourne, Florida 32934 " PH: 321.259.5009 . FAX: 321.259-4006
SECTION 16910
CONTROL PANELS
PART 1 GENERAL
1.01 WORK INCLUDED
A. Furnish all labor, equipment, and materials for control panels as indicated on the
drawings and specified herein. The panel supplier shall be a UL listed panel shop
and all panels shall be UL-508 certified. All panels shall be labeled to withstand
available fault current at each individual site.
B. Control panel equipment shall be coordinated to provide all the specified control
as indicated in the elementary diagrams or specified herein.
C. The Contractor shall be responsible for coordinating and interfacing with
equipment and instrumentation supplied under other sections of the Contract
Documents that are an integral part of the pump station control systems. This
interfacing shall be incorporated in the detailed systems drawings and data
sections to be submitted by the Contractor prior to rough-in work.
D. Modifications and additions to existing Collections Department Data Flow
TAC II SCADA server, including software upgrades and screen development.
1.02 SUBMITTALS
E. The Contractor shall submit to the Engineer for approval complete shop drawings,
wiring diagrams, data, and operation and maintenance manuals of all equipment
to be furnished under this section.
F. Coordination and Shop Drawings: Prepare and submit coordination drawings for
installation of products and materials fabricated. Coordination and shop drawings
shall be prepared using a computer aided drafting system compatible with
Autodesk Autocad version 2000 or greater. Coordination and shop drawings shall
be submitted on hard copy and electronic disk format.
1. Submit component interconnect drawings showing the interconnecting
wiring between each component including equipment supplied under other
sections requiring interfacing with the control system. Diagrams shall
show all component and panel terminal board identification numbers, and
external wire and cable numbers. Note, this diagram shall include all
intermediate terminations between field elements and panels (e.g.,
terminal junction boxes, pull boxes, etc.). Diagrams' devise designations,
and symbols shall be in accordance with NEMA lCS 1-101.
2. Panel Wiring Diagrams: Elementary diagrams shall be similar to those
diagrams shown in the drawings, but with the addition of all auxiliary
devices such as additional rclays, alarms, fuses, lights, fans, heaters, etc.
3. Panel wiring diagrams shall identify wire numbers and types, terminal
August 1. 2009
16910-1
Electrical, SCAOA & Telemetry Upgrades
at Waste Water Pumping Station Sites
numbers, tag numbers and PLC I/O identification (address) numbers.
Wiring diagrams shall show all circuits individually; no common diagrams
shall be allowed.
4. Submit arrangement and construction drawings for consoles, control
panels, and for other special enclosed assemblies for field installation.
Include dimensions, identification of all components, preparation and
finish data, nameplates, enough other details to define the style and overall
appearance of the assembly and a finish treatment. Drawings shall show
the location of all front panel mounted devices to scale, and shall include a
panel legend and a bill of materials. The panel legend shall list and
identify all front of panel devices by their assigned tag numbers, all
nameplate inscriptions, service legends and annunciator inscriptions. The
bill of materials shall list all devices mounted within the panel that are not
listed in the panel legend, and shall include the tag number, description,
manufacturer and complete model number for each service.
5. Submit installation, mounting, and anchoring details for all components.
G. Operation, Maintenance and Repair Manuals:
I. Submit operation and maintenance manuals.
1.03 CODES AND STANDARDS:
H. Equipment, materials, and workmanship shall comply with the latest revisions of
the following codes and standards:
I. Instrumentation: Instrument Society of America (ISA).
2. Wiring: National Electrical Code (NEC), ISA SS.3 and SS.4, latest issue.
3. Control Panels and equipment: NEMA, UL and ANSI.
4. Control Logic: Joint Industrial Council (IIC).
PART 2 PRODUCTS
2.01 GENERAL
A. The electrical control equipment shall be mounted within a pad-lockable NEMA
Type 3R ventilated dead-front enclosure constructed of not less than 304 stainless
steel or aluminum and shall be quipped with a 3-point latch with all hardware and
exterior components construction of 300 series stainless steel. The enclosure shall
be equipped with an a removable, aluminum or stainless steel back panel on
which control components shall be mounted. Back panel shall be secured to
enclosure with collar studs. All hardware shall be stainless steel.
B. Components: All motor branch circuit breakers; motor starters and control relays
shall be of highest industrial quality, securely fastened to the removable back
panels with screws and lock washers. Back panels shall be tapped to accept all
mounting screws. Self-tapping screws shall not be used to mount any component.
C. A circuit breaker shall be provided on each control panel as a means of
August 1, 2009
16910-2
Electrical, SCADA & Telemelry Upgrades
at Waste Water Pumping Station Sites
disconnecting power to the control panel.
D. Control transformers shall be installed where shown to provide 120V AC and
24 V AC for control circuits. Transformers shall be fused on the primary and
secondary circuits. The transformer secondary shall be grounded on one leg.
E. All control panel wiring shall be identified at both ends with type written heat
shrinkable wire markers with the numbering system shown on the control
submittal drawings.
1. Control wiring shall be stranded copper, minimum size #14 A WG (except
for shielded instrumentation cable may be #16 A WG), with 600 volt, 90
degree C, flame retardant, Type MTW thermoplastic insulation.
2. Fused terminal blocks shall be provided for all inputs and outputs that
extend beyond the controller enclosure and that are not separately fused
within the equipment. Blocks shall be permanently marked to indicate the
appropriate I/O address of each circuit on the pump controller.
F. The control panel shall be provided with nameplates identifYing each component,
selector switches, pilot lights, etc. Nameplates shall be permanently affixed using
an epoxy process. Nameplates shall be laminated plastic, engraved white letters
with a black background.
G. Corrosion Inhibitor Emitter: Provide an industrial corrosion inhibitor emitter on
all exterior mounted control panels that will protect internal components of the
control panel from corrosion for one year. Provide one spare emitter for each
control panel.
H. Fused terminal strips shall be provided for all signals as indicated on the drawings
plus all spare conductors as specified. Terminal strips shall be switch type with
integral fuses equal to Allen Bradley 1492-H6. Wiring from the control panel to
the terminal strips shall be factory installed. All spare conductors shall be
terminated and identified.
1. RELA YS
I. Control circuit switching shall be accomplished with relays. These relays,
for interfacing and control applications, shall be the compact general
purpose plug-in type having low coil inrush and holding current
characteristics. A neon status-indicating light shall be provided with each
rclay. Contact arrangements shall be as noted or shown, and shall be rated
for not less than 10 amperes at 120V ac or 28V dc. Coil voltage shall be
as noted or shown. Non-latching relays shall have a single coil. Latching
relays shall have two coils, unlatching being accomplished by energizing
one coil, and latching being accomplished by energizing the other coil.
Relays shall have plain plastic dust covers, test buttons, and mounting
sockets with screw terminals and holddown springs. Relays shall be VL
recognized. Relays shall be Potter and Brumfield, Struthers-Dunn, or
equal.
August 1, 2009
16910-3
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
2. Time delay functions shall be accomplished with time delay relays. Units
shall be adjustable time delay relays with the number of contacts and
contact arrangements as shown. A neon status-indicating light shall be
provided with each relay. Contacts shall be rated for 10 amperes at 120V
ac. Integral knob with calibrated scale shall be provided for adjustment of
time delay. Initial setting shall be as shown with time delay range
approximately three times the initial setting. Time delay rangeability shall
be at least 10:1. Operating voltage shall be 120V ac, plus 10 percent, -15
percent at 60-Hz. Operating temperature shall be -20 degrees F to 165
degrees F. Repeat timing accuracy shall be plus or minus 10 percent over
the operating range. Units shall be Socket-mounted relays, octal plug-in,
adjustable range as shown on drawings, equal to SSAC model PRM-43, or
Cutler-Hammer Series 087, or equal.
3. All relays shall have a screw terminal interface with the wiring. Terminals
shall have a permanent, legible identification. Relays shall be mounted
such that the terminal identifications are clearly visible and the terminals
are readily accessible.
J. Front Panel Operating Controls and Instruments:
1. All operating controls and instruments shall be securely mounted on the
control compartment door. All controls and instruments shall be clearly
labeled to indicate function.
2. Indicator lamps shall be LED full voltage push to test type and mounted in
NEMA 4X (800H) modules, as manufactured by Allen Bradley or SKPI as
manufactured by Square D. Lamp modules shall be equipped to operate at
24 or 120 volt input. Lamps shall be easily replaceable from the front of
the control compartment door without removing lamp module from its
mounted position. Units shall be heavy-duty, oiltight, industrial type with
screwed on prismatic glass lenses in colors as shown, and shall have
factory engraved legend plates. LED's shall be high illumination type
(5ma at 130V ac).
3. Selector switches shall be heavy-duty, oiltight, industrial type selector
switches with contacts rated for 120V ac service at 10 amperes
continuous. Units shall have standard size, black field, legend plates with
white markings, as indicated. Operators shall be black knob type. Units
shall have the number of positions and contact arrangements and spring
return function (if any) as shown. Units shall be single-hole mounting,
accommodating panel thickness from 1/16-inch minimum to 114-inch
maximum. Units with up to four selection positions shall be Allen Bradley
800H, Square 0 Type K, Cutler-Hammer Type T, or equal. Units with up
to 12 selection positions shall be Rundel-Idec Standard Cam Switch,
Electroswitch 31, or equal. Key type switches shall be keyed in
conformance with Collier County Water Department key set requirements.
K. Starters
I. Motor starters shall be combination type across-the-line magnetic unless
noted otherwise, rated in accordance with NEMA Standards sizes and
August 1, 2009
16910.4
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
August 1. 2009
horsepower ratings. Disconnect shall be a motor circuit protector
(magnetic only breaker) current limiting type for short circuit protection
where noted on the drawings. Final magnetic settings shall be field set
and recorded. Combination starter shall be rated 42,000 AIC Sym.
minimum or as noted on drawings. Overload relays shall be provided in
each phase, and shall be melting alloy or bimetallic type. Thermal units
shall be one-piece construction and interchangeable.
2. Starters shall be equipped with auxiliary contacts as required for proper
control functions; minimum of two normally open auxiliary contacts in
addition to the normally open auxiliary seal-in interlock, and shall be
suitable for the addition of at least two additional external electrical
interlocks of any arrangement normally open or normally closed. All
starters shall have red, green and amber pilot lights for "run", "off", and
"trip" or as indicated on the drawings; "HAND-OFF-AUTO" selector
switch or other selector or pushbutton switches as required or indicated on
the drawings, nameplate and control transformer. Starters shall have
provisions in the cover for future addition of pushbutton or selector
switch.
3. Starters shall be rated in accordance with NEMA sizes and horsepower
ratings. All starters shall be gravity dropout. All starters Size 5 and
smaller shall have doublc break silver alloy contacts; starters 6 and larger
shall employ single break contacts. All contacts must be capable of being
inspected, and must be removable, without removing line or load wiring.
Coils on starters, Size 5 and smaller, shall be molded construction. ON
size 6 and larger, coils may be form wound, taped, varnished and baked.
All starter coils shall be equipped with coil surge suppressors.
4. Each starter shall contain fused control transformer to provide 120V
control voltage. The control transformers shall be sized for additional
loads of motor space heaters and other items indicated; contractor shall
coordinate requirements in shop drawings. Provide Elapsed Time Meters
in control panel fronts. Meters shall be synchronous motor driven and 0 to
9999.9 hour range; rated for 120 volt 60HZ operation; Eagle Signal type
705, Agastat or equal.
5. Starters shall include a time delay on pick up relay to control momentary
power interruptions. Time delay relay contacts shall delay the reclosing of
the starter on momentary power loss; delay time adjustable 0-300sec. The
time delay on pick up relay circuit shall also control the 27/47 device
(phase monitor) contacts on the incoming main as detailed on the
drawings. The phase monitor relay shall be 2-10% phase imbalance
adjustable and time delayed. The unit shall sense phase imbalance, phase
loss, undervoltage and phase sequence. Provide phase monitor by
Diversified Electronics model SLU-600. Also provide an undercurrent
relay sensing dry well conditions; Diversified Electronics model CMG.
16910-5
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
6. Starters shall be Square-D Class 8536 or equal. Provide starters as
specified above and as shown on the drawings.
L. Pump Controller/RTU
1. Provide TAC Pack TCU (RTU) as manufactured by Data Flow Systems,
Inc for pump controlling purposes. T AC Pack TCU shall include:
a. an integrated 2-Watt digital radio
b. a back-up battery
c. manufacturers prefabricated wire harness
d. all manufacturer recommended surge protection
e. suitable devices for measuring wastewater flow
f. three on board fail safe HOA switches
g. Triplex/Duplex/Simplex configurable operation mode
h. On board 240V AC or 480V AC phase monitor
I. On board 4 by 20 character LCD display for elapsed runtime of
each pump
2. Pump Control Panel alarm light and bell shall be activated by the RTU
and the external push button alarm silence switch shall be wired into the
RTU.
3. During automatic sequence the pumps shall be controlled in an alternate
mode.
M. Antenna Subsystem
1. Provide a High Gain RTA209 Yagi Antenna as manufactured by Data
Flow Systems Inc for use to transmit and receive TAC PAC TCU data to
and from the County's existing TAC II SCADA server. Antenna shall
have a single radiator element connected to a type N female connector.
2. Antenna mast/pole shall be 21 foot by 1.25 inch SCH80 galvanized
pole. Mounting of the antenna mast/pole shall be in accordance with all
applicable local and state building codes as they pertain to structural
strength and wind velocity requirements.
3. All mounting hardware shall be stainless steel.
4. Utilize type N connectors at both ends of the coax, sealed with 3 inch
sections of Alpha FIT321-1-0 sealant shrinktubing.
5. Start up and successful testing of Data Flow telemetry equipment by Data
Flow representatives, the engineer and County Wastewater Collections
instrumentation and telemetry representatives is required prior to final
acceptance. Upon successful completion of start up, in order for the
station to be conveyed to the county that latitude and longitude of the
station shall be provided. All required FCC licensing shall also be
August 1, 2009
16910-6
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
provided.
2.01 SPARE PARTS and TEST EQUIPMENT
A. Provide 10 spare Motortronics VFDs rated for 5hp
B. Provide 12 spare Power Sonic PS-12180 NB, 12V, 18Amp Hour, sealed,
rechargeable batteries
C. Provide (2) Bird AT-400, 65-520MHz and female BNC adapter
D. Provide (2) Bird Model 43 Thruline directionall00-250MHz wattmeter with
4240-125 input and output female BNC and plug in element #5C, 5 watt
E. Provide 4 spare Dataflow Telemetry Control Units(TCU).
PART 3 EXECUTION
3.01 Installation and Startup Services
A. The work included in this section consists of furnishing, installing and placing in
operation the instruments and appurtenances, including all conduit, wiring and
circuitry, necessary to provide the Owner with a fully operable system properly
calibrated and installed. Install and mount equipment in accordance with the
Contract Documents, and installation detailed shop drawings. Mount equipment
so that they are rigidly supported, level and plumb, and in such a manner as to
provide accessibility; protection from damage; isolation from heat, shock and
vibration; and freedom from interference with other equipment, piping, and
electrical work.
B. Provide services of panel manufacturer to test the completed system after
installation to assure that all components are operating with the specified range
and all interlocks are functioning properly. Panel manufacturer shall certifY
functional operation and calibration in written startup report. Perform field tests
on all completed control assemblies to demonstrate conformance to specifications
and functional compatibility.
C. Include the services of a factory trained, qualified service engineer of the
equipment manufacturer to inspect the complete equipment installation to assure
that it is installed in accordance with the manufacturer's recommendations, make
all adjustments necessary to place the system in trouble-free operation and
instruct the operating personnel in the propcr care and operation of the equipment
furnished. All workmanship utilized in the manufacture and installation of this
system shall be of the highest quality and performed in a manner which is
consistent with all accepted practices for industrial controls.
D. The Contractor shall guarantee that installation of the system is in accordance
with the manufacturer's instructions. The supplier shall construct and verify
proper operation of each assembled system before shipment to the site. These
performance tests shall be repeatcd once the system is installed and re assembled
at the site. The service technician shall calibrate all gauges and instruments. A
August 1, 2009
16910-7
Electrical, SCADA & Telemetry Upgrades
at Waste Water Pumping Station Sites
documented calibration and settings report shall be included m the O&M
manuals.
E. The system supplier shall provide a qualified service technician to inspect all final
connections and check the system prior to start up of the system. The service
technician shall coordinate with the Owner's representative for functional check
out of the complete system.
F. System verification marking end of suppliers on site start-up obligations will be
issued after system functionality can be demonstrated for a period of 168
continuous hours without interruptions due to engineering error on the part of the
supplier.
G. All products mentioned herein must be warranted by the supplier for a period of
two (2) years from the date of system verification. The system supplier shall also
provide (2) days of training instruction to the Owners personnel to include;
operator training, system repair and maintenance.
END OF SECTION
August 1, 2009
16910-8
Electrical, SCAOA & Telemetry Upgrades
at Waste Water Pumping Station Sites
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
BID NO. 10-5395
Full Name of Bidder E.B. Simmonds Electrical, Inc.
Main Business Address 3750 Enterprise Avenue #300, Naples. FI. 34104-3659
Place of Business 3750 Enterprise Avenue #300, Naples, FI. 34104-3659
Telephone No.
(239) 643-2770
Fax No.
(239) 643-6873
State Contractor's License #
EC0000735
State of Florida Certificate of Authority Document Number K47793
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum Number
Date Issued
1
12/10/2009
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other rneans of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
GC-P-1
BID SCHEDULE
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
Bid No. 10-5395
Please input your pricing at www.colliergov.netlbid
GC-P-2
BID SCHEDULE
WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGRADES
BID NO. 10-5395
Item Description
Quantity Unit
Total Price
I Mobilization/shop drawings, etc I LS $43.1 05.34
2. LS-123.01 rehabilitation I LS $60,062.68
3. LS-123.02 rehabilitation 1 LS $58,940.06
4. LS-133.04 rehabilitation I LS $55,631.17
5. LS-300.05 rehabilitation I LS $42,593.45
6. LS-300.13 rehabilitation LS $66,092.13
7. LS-300.14A rehabilitation I LS $65,325.07
8. LS-300.14B rehabilitation LS $64,311.93
9. LS-300.15 rehabilitation I LS $66,022.70
10. LS-302.15 rehabilitation LS $62,239.88
11. LS-302.17 rehabilitation LS $62,977.85
12. LS-302.20 rehabilitation LS $60.465.40
13. LS-302.22 rehabilitation LS $57.444.46
14. MPS-I02 rehabilitation 1 LS $38,563.61
WASTE WATER
PUMPING STATIONS
ELECTRICAL & TELEMETRY
UPGARDES
WS-P-I
BID SCHEDULE
WASTE WATER PUMPING STATIONS ELECTRICAL & TELEMETRY UPGRADES
BID NO. 10-5395
Item Description Quantity Unit Total Price
15. FPL Electrical Services Allowance I Allowance $45,000
16. Integration Allowance Allowance $10,000
17. Propagation Study/ Radio Signal Strength
Efficiency Allowance I Allowance $12,000
18. Landscaping Allowance I Allowance $10,000
19. De- Mo bilizati onl as-built
documents etc. I LS $10.432.24
20. Unforeseen Conditions, additional field
coordination I Allowance $67,350
TOTAL BID PRICE
$958,557.97
TOTAL BID PRICE IN WORDS: Nine Hundred Fiftv-Eie:ht Thousand Five Hundred Fiftv-
Seven Dollars and 97/100
WASTE WATER
PUMPING STATIONS
ELECTRICAL & TELEMETRY
UPGARDES
WS-P-1
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
nc.
"--"
Signature:
E. B.
Date: 01/08/2010
esident. 50 Enterprise Ave., #300; Naples, Fl
Section B (Exception requested to Bid specifications rnanufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
N/A
1 . .t'li6
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:
Date:
GC-P-3
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Work
Subcontractor and Address
1.
N/A
N/A
2.
3.
4.
5.
Signature:
E.
Date: 01/08/2010
o Enterprise Ave. #300. Naples, FL
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
4.
5.
6.
Proiect and Location
1.
Lee Co Corkscrew WTP Well Control
Panel Upgrade Project LC RFQ-06-08
2.
Upgrades to IQ Water Sites Priority
Group #1 Collier County Project #
74033 RFQ #4083
3.
Collier County Public Utilities Electric
Rehab for Tamiami Wells 6-27 PUED
Project #71038, CC Contract #06-3997
Collier County Public Utilities
Electrical Upgrade Sixteen (16) Lift
Stations, CC Contract #06-3940
City of Fort Myers Downtown Utility &
Streetscape Improvements
Collier County Public Utilities Reuse
Telemetry/SCADA System
Dated 01/08/2010
Reference
Mike Maillakais, Utilities Division (239)
533-8164
Karen Guliani (239) 252-4216
Frank Inzano, P.E. (239) 732-2597
Frank Inzano, P.E. (239) 732-2597
Bill Bonner, Kraft Construction, (239)
332-2219
Frank Inzano, P.E. (239) 732-2597
BY:
GC-P-5
Title: E. B. Simmonds, President
3750 Enterprise Ave #300. Naples. Florida
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit
Measure Measure (Quantitv) Cost
(Description ) (LF,SY)
N/A
1.
2.
3.
4.
5.
TOTAL $
Extended
Cost
Failure to complete the above may result in the Bid being declared non-responsive.
Dated
01108/2010
BY:
Title: E. B. Simmonds. President
3750 Enterprise Ave #300. Naples.
Florida
GC-P-6
Co~T County
-- - -
-
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB #:10-5395 (Check Appropriate Boxes Below)
STATE OF FLORIDA
AND
~ COLLIER COUNTY D LEE COUNTY
PROPOSER/BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS
DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County. Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
Please provide the following information for the Proposer/Bidder/Quoter:
Year Business Established in ~Collier County or D Lee County: 1982
Number of Employees (Including Owner(s) or Corporate Officers): 22
Nurnber of Employees Living in ~ Collier County or ~ Lee (Including Owner(s) or
Corporate Officers): 22
GC-P-7
If requested by the County, proposer/bidder/quoter will be required to provide
documentation substantiating the information given in this affidavit. Failure to do so will
result in proposer/bidder/quoter's submission being deemed not applicable.
E. B. Simmonds Electrical, Inc.
\"OO'/B''':'/Q"Ole' N,me
q}t t4AUch'~__
Signature
E, B, Simmonds. President, 3750 Enterprise Ave #300 Naples. Florida
Title
STATE OF FLORIDA
[l;l COLLIER COUNTY
D LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County,
on this 8th Dayof January ,2010
ifl:t6J IJdw~f:k~
Notary P blic: Nyla Dawn Elman
My Commission Expires:
u.~, ;).OJ,').
(AFFIX OFFICIAL SEAL)
""'1'V'VVVVVV'v~
o.,.~""~ N('lta, ry PUb, lie, State, of Florida
~ r;. Nyla Dawn Elman
~ C,' i My CommisSion 00795867
"'1-0f 1'\>0. Expires 06/08/2012
",,~Y'\^^_/'c-,~
GC-P-8
C~er County
____-,''''''...""lla.. . ~.
Administrative Services Division
Purchasing
Immigration Affidavit
Bid/RFP #10-5395
Title Electrical SCADA & Telemetry UpQrades at Waste Water
PumpinQ Stations
This Affidavit is required and should be signed, notarized by an authorized principle of the firm and
submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals Failure to
include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and
could result in the vendor's proposal being deemed non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C.
Section 1324 ate) Section 274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section
274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section
274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986
Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment
Eligibility Verification System requirements regarding this solicitation
Company Name
Print Name
Title President
Signature
Date 01/08/2010
Title:
. Simmonds. President. 3750
Enterprise Ave #300. Naples. Florida
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 8'h day of Januarv, 2010, by
E. B. Simmonds. who has produced, FL. Dr. Lic #S553-202-53-190-0 as identification.
{Print or Type Nam (Type of Identification and Number)
2
ublic Signature
Nvla 0 wn Elman
Printed Name of Notary Public
(fJ' ;r, 2.0/2-
Notary Commission Number/Expiration
v.,__'......,r..r.;.....~.lVV'...,
#"/ Pv4(. Notary Public Stai€ of Florida
~ ~' 1\,ly\a Dawn Elman
Q _ :", My C, ornmlsslOfl DO, 7gSfl67
~c....: l J:- _
.,..... ~... ~_: "pires 06108/2012
'~Off'-'" _
~ .............._,~A-:IV,~
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and
accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any
time, to request supporting documentation as evidence of the vendor's compliance with this sworn
affidavit.
GC-P-9
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within two hundred forty (240)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within thirty (30) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted:
State of Florida
County of Collier
E. B. Simmonds , being first duly sworn on oath deposes and says that the Bidder
on the above Bid is organized as indicated and that all statements herein made are
made on behalf of such Bidder and that this deponent is authorized to make them.
E. B. Simmonds, also deposes and says that it has examined and carefully prepared its
Bid from the Bidding Documents, including the Contract Drawings and Specifications
and has checked the same in detail before submitting this Bid; that the statements
contained herein are true and correct.
GC-P-10
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida, which operates under the legal name of E. B. Simmonds Electrical. Inc., and the
full names of its officers are as follows:
President E. B. Simmonds
Secretary Lyne Simmonds
Treasurer Lyne Simmonds
Manager E. B. Simmonds
The is authorized to sign construction bids and contracts for the
company by notion of its Board of Directors taken
a certified copy of '.vhich is hereto attached (strike out this last sentence if not
npplicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
GC-P-11
) ('e1r)
t. c;(Q: (\! (l~.
Wffness ~~_, ,
'-..... IvJ,
Witness
BY: E. B. Simmonds Electr.' al Inc.
Name Bidder (Type
'-
Signature
E. B. Simmonds, President
3750 Enterprise Ave #300. Naples.
Florida
Title
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 8th day of Januarv
2010 by E. B. Simmonds, as President of E. B. Simmonds Electrical. Inc.
a Florida corporation, on behalf of the corporation. He/she is personally known to
me or has produced FL. Dr. Lic. #S553-202-53-190-0 as identification and did (did not)
take an oath.
My Commission Expires:
NAME:
Nvla Dawn Elman
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No.: b~79'5'X"w 7
-v~v,r.r
#y "It~ 'Notary Public State of Florida
~ ~ l' Nyla Dawn Elman
:. c: ,.; My Commission 00795867
~~o, r.O~ Expires 06/08/2012
~",.,,^.
GC-P-12
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we E. B. Simmonds Electrical.
Inc. (herein after called the Principal) and
N/A ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Florida with its principal offices in the city of Naples and authorized to do
business in the State of Florida are held and firmly bound unto the
(hereinafter called the
Owner), in the full and just sum of
dollars ($ 48,020.00 )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as:
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
Bid No.1 0-5395
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 48.020.00 noted above as liquidated damages, and
not as a penalty, as provided in the Bidding Documents, then this obligation shall be null
and void, otherwise to remain in full force and effect.
GC-P-13
IN TESTIMO Thereof, the Principal and Surety have caused these presents to
be duly signed and e led this 8th day of Januarv ,2010.
<..
Principal
BY E. B. Simmonds, President. 3750 Enterprise Ave #300. Naples, Florida
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
GC-P-14
BUSINESS CONTACT INFORMATION
E. B. Simmonds Electrical, Inc.
(Firm's Complete Legal Name)
Main Business
Contact Name E. B. Simmonds
Title President
3750 Enterprise Avenue #300,
(Address)
Naples, FI. 34104-3659
(City, State, ZIP)
Phone No. (239) 643-2770
FAX No (239) 643-6873
Email address:
bernie@ebsimmondselectrical.com
****************************************************************************************************
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above)
Contact Name Lvne Simmonds
Title Controller
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
Contact Name
Title
GC-P-15
E. B. Simmonds Electrical, Inc.
(Company Name used as Payee)
3750 Enterprise Avenue #300
(Address)
Naples, FI. 34104-3659
(City, State, ZIP)
Phone No. (239) 643-2770
FAX No. (239) 643-6873
Email address:
Ivne@ebsimmondselectrical.com
(Address)
(City, State, ZIP)
Phone No.
FAX No.
Email Address:
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed.
8. Certificate of Authority to Conduct Business in State of Florida.
9. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
12. The mailing envelope must be sealed and marked with:
<:>Bid Number; 10-5395
<:>Project Name; Electrical SCADA & Telemetry Upgrades at Waste
Water Pumping Stations
<:>Opening Date.
13. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
. B. Immon s. resident
3750 Enterprise Ave #300. Naples. Florida
Signature & Title DATE: 01/08/2010
GC-P-16
State of Florida
Department of State
I certify from the records of this office that E. B. SIMMONDS
ELECTRICAL, INC. is a corporation organized under the laws of the
State of Florida, filed on November 29, 1988.
The document number of this corporation is K47793.
I further certify that said corporation has paid all fees due this office
through December 31, 2009, that its most recent annual report was filed
on April 22, 2009, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the Tenth
day of November, 2009
~".6
Secretary of State
Authentication 10: 300162702063-111009-K47793
To authenticate this certificate, visit the following site, enter this
10, and then follow the instructions displayed.
https://efiIe.sunbiz.org/certauthver.html
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER:
COLLIER COUNTY TAX COLLECTOR. 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 . (239) 252-2477
VISIT OUR WEBSITE AT: www.colliertax.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2010
DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
LOCATION: 3750 ENTERPRISE AVE #300
ZONED: INDUSTRIAL
BUSINESS PHONE: 643-2770
STATE L1C: EC00000735
820926
- THIS TAX IS NON.REFUNDABLE -
LEGAL FORM
. C~f{Pft1TldN~ 0/"
\,..... _ ,<"'. ,-~ .'" ~... ..r /f/
o V", '" - ";. Y ,.>-- E B SIMMONDS ELECTRICAL, INC.
(;' . \ \ jS'IMMONDS, EUGENE BERNARD
I 1
~ 1 3750 ENTERPRISE AVE #300
I .. ;! I
t 'J.~.* I NAPLES
\ I
r
, ~ #
CLASSIFICATION:ELECTRICAL CONTRACTOR "Y'" ,_.
CLASSIFICATION CODE: 05100603 -<1,'~ '... ", ,_ ,_ _, ... - ,/~,.)
This document is a business tax only. This is not certification that licen.teejS"'-qUali{ied. .,..:, C..
It does not permit the licensee to violate any existing regulatory zoning laW$'<ofitJ sWJe\c.ofnty Of cities
nor does it exempt the licensee from any other taxes or permits that may be required by law:
FL
NUMBER OF EMPLOYEES:
DATE
AMOUNT
RECEIPT
21-30 EMPLOYEES
;1,.".",,,
,~VI"l.'V1"
~
,J I
34104 - 3659
11/19/2009
5.40
7729.42
~a1
II
~
~ -,- - ".A
.,.~..~~.
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSING BOARD SEQ# L08081601114
LICENSE NBR
08 16 2008 088033940 EC0000735
The ELECTRICAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2010
SIMMONDS, EUGENE B
E B SIMMONDS ELECTRICAL INC
4406 EXCHANGE AVE # 105
NAPLES FL 34104-7024
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently. Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
\C#
'.J 0 ') ',' '1 q q
_, '-/ c... .J l..: .... ~.'
SIMMONDS, EUGENE B
E B SIMMONDS ELECTRICAL INC
4406 EXCHANGE AVE # 105
NAPLES FL 34104-7024
(850) 487-1395
. STATE OF FLORIDA AC# J II l? ~ U 'I (1
. DEPARTMENT OF BUSINESS AND
.' PROFESSIONAL REGULATION
EC0000735
08/16/08 088033940
CERTIFIED ELECTRICAL CONTRACTOR
SIMMONDS, EUGENE B
E B SIMMONDS ELECTRICAL INC
IS CERTIFIED undar th. proviflliona of Ch.489 FS
bpintJ.o.ll. dah. AUG 31; 2010 L080816011H: '
CHARLIE CRIST CHARLES W. DRAGO
GOVERNOR SECRETARY
DISPLAY AS REOUIRED BY LAW
..
..
STATEMENT OF CHANGE OF REGISTERED OFFICE OR REGISTERED AGENT OR BOTH
FOR CORPORA nONS
Pursuant to Ihe provisions of sections 607.0502, 617.0502. 607.1508. or 617.1508. Florida Sta/Ules. this
statemenl of change is submittedfor a corporation organized under the laws of the State of Florida
in order /0 change its registered office or registered agent, or both, in the State of Florida.
E. B. Simmonds Electrical, Inc.
I. The name of the corporation:
2. The principal office addtess:
3750 Enterprise Ave. . 1/300
Naples, FL 34104-3659
3. The mailing address (if different):
same as above
4. Date of incorporation/qualification: .!1/;.. , /88 Document number: K477 93
5. The name and street addtess of the current registered agent and registered office on file with the
Florida Department of State: (If resigned, enter resigned)
E. B. Simmonds
Lf If 010 6,,- J..af'. j-<- Art.
Naples, FL 34104- lo.:l'-{
P" /D.:3
6. The name and street address of the new registered agent (if changed) and lor registered office
(if changed):
C;,. 8. ~;'M(Y\ oAJ's
-3.J 5 0 f; r\-krr r: ~(. .ftv e... .:#' 30 D
P.O. Bolt NOT accepl1lble
N Ct f\,t.~ i fL. j "f l o'-{ - '3 l, ~ 'i
'C;J
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$ ll:"~,
S#6.
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~ l~J:;~.
~-:"
cc.P
-;:.'--"
~~;
'6"'"
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The street address of its registered office and the street addtess of the business office of its registered agent,
as changed ill be identical.
Such chan was authorized by resolution duly adopted by its board of directors or by an officer so
auth 'ze the board, or the orporation has been notifIed in writing of the change.
.
F. 'R
~immon~~ nTfi~PT
t'nntca or peel name and {IUe
, 0'
1 hereby acceplthe appointment as registered a,gent and agree 10 acl in this capacity.
1 ffirther agree to comp~ with the provisions oJ all statules relalive 10 Ihe proper and complete perf.ormance
of my duti . and 1 am amiliar wilh and accept the obligation of my l?QsillOn as ref{istered agenl. Or if this
document beingfile m~rely to refl.ect a chqnge in the registered office address, 7 hereby conJ1rm that the
corpo a/1 has /ieen nOlified I wrrtrng of thIS change.
,
October 15, 2009
Dace
If signing on behalf of an entity:
Officer E. B. Simmonds
Typed or Primed Name
* * * FILING FEE: $35.00 * * *
MAKE CHECKS PAYABLE TO FLORIDA DEPARTMENT Of STATE
MAIL TO: DIVISION Of CORPORATIONS. P.O. BOX 6327, TALLAHASSEE, FL 32314
CR2E045 (8/05)
.-0
':S
i':?
."
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8. ~ Vendor shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
1 O. ~ Collier County Board of County Commissioners shall be named as the Certificate Holder and
the certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. ~ Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm
Date 01/08/2010
Vendor
Signature
~
Itle: E. B. Simmonds. President.3750 Enterprise Ave #300. Naples, Florida
Print Name
E. B. Simmonds
Insurance
Agency
Gulfshore Insurance Aqency
Agent Name
Mary Liqqan Naqai
Telephone Number (239) 435-7115
GC-CA-B-5
Insurance I Bond Type
1. ~ Worker's
Compensation
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
2. ~ Employer's Liability $1 ,000,OOO.00single limit per occurrence
3. ~ Commercial
General Liability
(Occurrence Form)
patterned after the
current ISO form
4. ~ Indemnification
Bodily Injury and Property Damage
$2,000,000.00 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless
Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole
negligence of Collier County.
4. ~ Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. 0 Other insurance as 0 Watercraft
noted: Per Occurrence
$
o United States Longshoreman's and Harborworker's Act
coverage shall be maintained where applicable to the completion
of the work.
$
Per Occurrence
o Maritime Coverage (Jones Act) shall be maintained where
applicable to the completion of the work.
$
Per Occurrence
GC-CA-B-3
"""'"
Bankof America ~
Cashier's Check
No. 6959506
;Not!i;eto i~1rith?ev~ni'Ws'ch&j(ls1~t~-m1sflJac$d~otit6)cli'a's\'6iir<-:;;-~'-j~'~__<~:<'/i:~~"~'-;,~,,'~:%:~.<~;'-:::'~':f-:<~,.;~i~r:_ -"::c;" - ,. , , ^ - -, " ,- ~ ~- ,,", ". ~tt'l/lJ4D ~ '( , _ ~._ _ ',*
''''~4''d 99; yw.~"":1<wii"q,ire;i u d.:".~~p~"~'''ilJ>l'.'''')~Dq ," . MIY b8 !'2@'"'1'I. f ~'fft.'..~.;'.~'.'f~~:lJ;~}f~.'~..~.~;~;;~T:;i'ir~~;!.'.i(...~:.i....'.'.!,.'.~.-~
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~ ;"~' ~ ~f ~ 1 ' '\. \) j )! t~e#lltt~~{I;k\ha~~_~~y)\ ~,/::;',: ~ ~ ~ 'h~ f\,\" / t~ :;;; J~'
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d:;brde~ ..COLLIB~COU~T~BOA~~ OJcOH~ISSIO~BRS~' '7'. ...... <';'J
9 fjn ;"RI:BIDJIO-539SSCADA UP~RADB'~""'.. .... .1 ......' .' ~
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11'1;"15"1501;11' 1:~~1,0000~"l1: 00~1;1,~002D51,1I'
. THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK ON THE BAcK'. . THE ORIGINAL DOCUMENT HAS REFLECTIVE WATERMARK.ON THE BACK..
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with E.B. Simmonds Electrical, Inc.
("Contractor") of 3750 Enterprise Avenue # 300, Naples Florida 34104-3659, a Florida
Corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with Electrical SCDA & Telemetry Upgrades at Waste Water
Pumping Stations, Bid No. 10-5395 ("Project"), as said Work is set forth in the Plans
and Specifications prepared by RKS Consulting Engineers, the Engineer and/or
Architect of Record ("Design Professional") and other Contract Documents hereafter
specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement. the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: Eight Hundred Thirty Seven Thousand
One Hundred Thirteen Dollars and Ninety Seven Cents ($ 837,113.97).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A. in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.htmI#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within two hundred forty (240)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand fifty and
ten cents ($1050.10) for each calendar day thereafter until Substantial Completion is
achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
hislher direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part. through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by RKS Consulting Engineers
and identified as follows: Electrical SCADA & Telemetry Upgrades
at Waste Water Pumping Stations
as shown on Plan Sheets E1 through E22.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Oscar Martinez, P.E.
Collier County Public Utilities
3301 Tamiami Trail East
BLOG H
Naples, FL 34112
Tele: 239-252-6214
Fax: 239-252-3978
OscarMarti nez@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
E.B. Simmonds, President
E.B. Simmonds Electrical, Inc
3750 Enterprise Avenue #300
Naples, Florida 34104-3659
Tel: 239-643-2770
Fax: 239-643-6873
bern ie@ebsimmondselectrical.com
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire AQreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated. and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. ChanQe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TW..' 0 W.IT. NESS~.:
~ ~I .
)' Po- G / 'JJa.n
FI S WITNESS
ical,lnc
By:
Nyla Elman
Type/Print Name
@/~
s~.sO~W ~S .----...
E.B. Simmonds, President
Type/Print Name and Title
John Harhen
Type/Print Name
Date: rv1:r ft'7 ~ ~ I. dOl [)
OWNER:
ATTEST:
DWi9rt-~\~r~/;~ltlrk
BY'~~O.C
APp~!!.rm
~m,-
~yt County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
"~.JL lA) C+
BY:
Fred W. Coyle, Chairman
EXHIBIT A
PUBLIC PAYMENT BOND
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
Bond No. 773197P
Contract No. 10-5395
KNOW ALL MEN BY THESE PRESENTS: That E.B. Simmonds Electrical, Inc.
3750 Enterprise lAve. 11300, Naples, F'L 34104-3659 , as Principal,
and Developers Surety & Indemnity Company . as
Surety located at 1603 22trl st. ste. 200, W=st: [Es M:l:i.rn3, IA 50266
(Busin~ss Address) are held and firmly bound to 'ire B:Errl at Ull1ty UJIlILlSSlOErS at (nl (iE'Y" (b.
as Obligee in the sum of Eigrt: H.n'IJ:aj 'Ihirty SeIal 'Ih:u33rd ere l!.n:Jrej 'U1:irtem & 97/100 n:illars
($ 837,113.97 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assi9ns, jointly and severally.
WHEREAS. Principal has entered into a cOl'1tract dated as of the day of
2009, with Obligee for Ela:trical3JV\. & 'Ielaretry ~~at W3ste W3.~
in accordance with drawings and specifications. which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract. then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this insttument this 24th
day of Mmh, 2010 ~, the name of each party being affixed and these ptesents
duly signed by its under-signed representative. pursuant to authority of its governing
body.
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Witnesses as to Principal
~oc.
BY:
NAME: E.B. Sinunonds
ITS: President
--
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 25 day of March
20~, by E. B. Sinunonds , as President of
E.B. Sinunonds Electrical, Inc. , a Florida corporation, on behalf of the
corporation. Helllhe is personally known to me OR i1aS'-produced as
identification and tl1lt (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Florida
ATTEST:
SURETY:
Developers Surety & Indemnity Co.
(Printed Name)
1603 22nd st. Suite 200
West Des Moines, IA 50266
(Business Address
(Authorized Signature)
~J ,>V'\"oV',"'-\.Lk""
itnesses to Sutety
Helen Nadirsha
(Printed Name)
GC-CA-A-2
OR
.,----r-- /""
i"\l- ~--
As Attorney in Fact
(Attach Power of Attorney)
Ted Shennan
(Printed Name)
acknowledged before me this 24th day of
Ted Shennan as
.
of Developers Surety & Indemnitv Co.
He/She is personally known to me OR has produced
as identification and who did (did not)
~. :4~/)
/1 IlQ ./.. I ;\ '. .
/- '\1 II ..
(Signature)' . j
;
~
; 01....0,
Itnesses
~~~
Karen GErloff
STATE OF ILLIN:JIS
COUNTY OF OXlK
The foregoing instrument was
March, 2010 ,lOOOO:; by
Attorney-in-Fact
Surety, on behalf of Surety.
Drivers License
take an oath.
My Commission Expires:
4/5/2010
(AFFIX OFFICIAL SEAL)
t>--__ f)1-r;;!(;;,~LqjJ.l>
''.OJ:'(I!\1 GL.'\\cn::
.RY b';;3UC : ST;\fE OF lLLIi.J'S
'-:''''vlISS;ON EXPIRES AFRIL 5 2010
'. --...~
6160 North cicero Ave. Suite 610
Chicago, IL 606~6
(Business Address)
888-488-2663
(Telephone Number)
Name: Karen N. Genoff
(Legibly Printed)
. ILLINOIS
Notary Public, State of:
Commission No.: 297992
GC-GA-A-3
EXHIBIT A
PUBLIC PERFORMANCE BOND
Electrical SCADA & Telemetry Upgrades at Waste Water Pumping Stations
Bond No. 773197P
Contract No. 10-5395
KNOW ALL MEN BY THESE PRESENTS: That E. B. Simmonds Electrical, Inc.
, as Principal. and Developers Surety & Indemnity
Company as Surety, located at
1603 22nd Street, Suite 200, West Des Moines, I~ 50266
(Business Address) are held and firmly bound to
The Board of County Cormnissioners of Collier countyas Obligee in the sum of
Eiqht Hundred Thirtv Seven Thousand One Hundred Thirteen & 97/100 Dollars
($ 837,113.97 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
. . 2000," with Obligee
Electrical SC~D~ & Telemetry UPqrades at Waste Water Pumpinq Stations
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages. costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual. incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract. then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received. hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes.
extensions of time, alterations Ot additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF. the above parties have executed this instrument this 24th
day of March 2010 ,JOOO9\ 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
PRINCIPAL
B.B. Si~lec~rica~
BY: C/y~~#---
NAME: E.B. Simmonds
ITS: PrpC-1 rlOT"\t-
STATE OF Florida
COUNTY OF Collier
personally known to
was acknowledged before me this l..2th
E.B. Simmonds
of E.B. Simmonds Electrical Inc. a
corporation. on behalf of the corporation. He/sfTe is
me OR -fles--'I*6eltleed
as identification and did (did not) take an oath.
day of
, as
The foregoing instrument
March 2010 , 'PJJOO. by
President
Florida
My Commission Expires:
(Signature)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
GC-CA-A-5
ATTEST:
SURETY:
Developers Surety & Indemnity Company
(Printed Name)
1603 22nd street Suite 200
West Des Moines, VI, 50266
(Business Address)
(Authorized Signature)
1'-/) C
{~>, t "'),"Jt,L'
itnesses as to Surety
Helen Nadirsha
(Printed Name)
OR
-c;.x... C.__
As Attorney in Fact
(Attach Power of Attorney)
Ted Shennan
(Printed Name)
6160 North Cicero Ave. Suite 610
Chicaqo, IL 60646
Karen Genoff
(Business Address)
888-488-2663
(Telephone Number)
STATE OF ILLHDIS
COUNTY OF OJQK
TWrr ff?re~8W instrument was acknowledged before me this 24th day of
c , ,~ by Ted Shennan , as Attorney::In-Fact
of Developers Surety & Indemnity, a Surety, on
behalf of Surety. He/She is petsonally known to me OR has produced
Driver's License as identification and who did (did (2t, tak~ antjth.
,
2010
0FFj(.i~.L:;f ,A .
, ;~t,~EN No' G\:',crr
1,'o-iARY PUBLIC - ST:;r~ Or-ILl.li'.O!S
~. GO"'.lISSION EXPIRES APRIL 5 2010
(AFFIX OFFICIAL SEAL)
Name: Karen N. Genoff
(Legibly Printed)
Notary Public, State of: ILLINOIS
Commission No.: 297992
GC-CA-A-6
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725. IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint:
***Craig Sherman, Ted Sherman, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of SlJbstitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant 10 these presents,
are hereby ratified and confirmed,
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY, effective as of Jam~ary 1st. 2008
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney orto any certificate relating thereto by facsimile, and any such
Power of Attorney Of certificate bearing such facsimile signatures shall be valid and binding upon tne corporations when so affixed and in the future with respect 10 any bond, undertaking
or contract of suretyship to which it is attachea'
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by
their respective Assistant Secretary this January 1st 2008.
By ~ V fd.z;
Stephen 1. Pate, Senior Vice President
By:
State of California
County of Orange
On
January 1st, 2008
Date
before me,
Christooher J. Roach. Notary Public
Here Insert Name and Title of the Officer
personally appeared
Stephen 1. Pate and Charles L. Day
Name(s)of Signer(s)
~~I
~ =_=='''~'
.......... ...-- .............
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized
capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESSmYha~#,
Si9natura /---~-
Chr erJ. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in
force as of the date of this Certificate,
This Certificate is executed in the City of Irvine, California, the 24 tl;}ay of
BY~~
.......... Albert Hillebrand, Assistant ecretary
March
2010
#
,...
1D-1438(Wet)(Rev.10/11 )
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self-insured retentions or deduclibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and
amount of such self- insured retentions or deduclibles and provide satisfaclory evidence of financial
responsibility for such obligations. All self-insured retentions or deduclibles will be Vendor's sole
responsibility.
Coveragef21 shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor andlor its insurance carrier shall provide thirty (30) days written notice to the County of
policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor
shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any
GC-CA-B-1
notices of expiration. cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverageill required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverageill and charge the Vendor for such coverageill purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverageill purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverageill shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
GC-CA-B-2
Insuranc:e I Bond Type
1. ~ Worker's
Compensation
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
2. ~ Employer's Liability $1 ,000,000.00slngle limit per occurrence
3. ~ Commercial
General Liability
(Occurrence Form)
patterned after the
current ISO form
4. ~ Indemnification
Bodily Injury and Property Damage
$2,000,000.00 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless
Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This
section does not pertain to any incident arising from the sole
negligence of Collier County.
4. ~ Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. D Other insurance as D Watercraft
noted: Per Occurrence
$
D United States Longshoreman's and Harborworker's Act
coverage shall be maintained where applicable to the completion
of the work.
$
Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where
applicable to the completion of the work.
$
Per Occurrence
GC-CA-B-3
D Aircraft Liability coverage shall be carried in limits of not less
than $5,000,000 each occurrence if applicable to the completion
of the Services under this Agreement.
$
Per Occurrence
D Pollution
Per Occurrence
$
D Professional Liability $
Per Occurrence
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
D Project Professional Liability
Per Occurrence
$
D Valuable Papers Insurance
Per Occurrence
$
6. ~ Bid bond
Shall be submitted with proposal response in the form of certified
funds, cashiers' check or an irrevocable letter of credit, a cash
bond posted with the County Clerk, or proposal bond in a sum
equal to 5% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on
a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ~ Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted
with the executed contract by Proposers receiving award, and
written for 100% of the Contract award amount, the cost borne by
the Proposer receiving an award. The Performance and Payment
Bonds shall be underwritten by a surety authorized to do
business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or
better as to general policy holders rating and Class V or higher
rating as to financial size category and the amount required shall
not exceed 5% of the reported policy holders' surplus, all as
reported in the most current Best Key Rating Guide, published by
A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
GC-CA-B-4
8. ~ Vendor shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ~ Collier County Board of County Commissioners shall be named as the Certificate Holder and
the certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
8. [8J Vendor shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. [8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. [8J Collier County Board of County Commissioners shall be named as the Certificate Holder and
the certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. [8J Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of
Firm
Date
Vendor
Signature
Print
Name
Insurance
Agency
Agent
Name
Telephone Number
GC-CA-B-5
Client#. 36782
EBSIM
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
3/11/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
E. B. Simmonds Electrical, Inc. INSURER B: Bridgefield Employers Insurance
3750 Enterprise Avenue, #300 INSURER C
Naples, FL 34104 INSURER D
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR1BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Il~';;: ~~~ TYPE OF INSURANCE POLICY NUMBER b2}~C{~~~65~ ~~~~TM~~~
A X ~NERAL LIABILITY GL2052102010009 06/30/2009
X COMMERCIAL GENERAL LIABILITY
l CLAIMS MADE [KJ OCCUR
X I we STATU- lo.!~-
E.L. EACH ACCIDENT $500 000
E.L. DISEASE - EA EMPLOYEE $500 000
EL DISEASE - POLICY LIMIT $500 000
COVERAGES
06/30/2010
EACH OCCURRENCE
DAMAGE TO RENTED
MED EXP (Anyone person)
A
~
~
~'L AGGRE~E.L1MIT AP~S PER:
, I POLICY I I ~~8T I I LOC
~TOMOBILE LIABILITY
.!.... ANY AUTO
_ ALL OWNED AUTOS
_ SCHEDULED AUTOS
.!.... HIRED AUTOS
lL NON-OWNED AUTOS
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
CA20520980101
06/30/2009
06/30/2010
COMBINED SINGLE LIMIT
(Eaaccidenl)
BODILY INJURY
{Per person)
BODILY INJURY
(Peraccidenl)
PROPERTY DAMAGE
(Peraccidenl)
~RAGE LIABILITY
---l ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
A
CU205210301
06/30/2009
06/30/2010
~ESS {UMBRELLA LIABILITY
.xJ OCCUR D CLAIMS MADE
I DEDUCTIBLE
xi ~ETENTION $ 0
WORKERS COMPENSATION AND
EMPLOYERS' LIABilITY
ANY PROPRIETOR/PARTNER/EXECUTIVE U
QFFlCERlM\MBE" EXCLUDED?
(Mandatory nNH)
If yes, describe under
SPECIAL PROVISIONS below
OTHER
EACH OCCURRENCE
AGGREGATE
B
83015343
04t01l2010
04/01/2011
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
For any and all work performed on behalf of Collier County.
Collier County Board of County Commisioners is Named as Additional Insured on a primary basis as respects
to General Liability Only as needed by contract, per blanket form CG7048 0304 includes Waiver of
Subrogation per CG7049 0905.
CERTIFICATE HOLDER
CANCELLATION
10 Davs for Non-Pavment
LIMITS
$1 000 000
$300 000
$10000
$1 000000
$2 000 000
$2 000 000
$1,000,000
s
EA ACC
AGG
$
$
$
$2 000 000
$2 000 000
$
$
$
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAil ----3..0.... DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
/lY/ LJ. A '__A ;
, "- ,v
#S409786/M404371 @ 1988-2009 ACORD CORPORATION. All "9hts ,eseNed.
The ACORD name and logo are registered marks of ACORD JPE
Collier County Board of County
Commissioners
Naples, FL
ACORD 25 (2009/01) 1 of 2
IMPORTANT
II the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
II SUBROGATION IS WAIVED. subject to the terms and conditions 01 the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
2 012
#S409786/M404371
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsemenf modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS, provisions 1. through 7. of this endorsemenf amend fhe policy as follows:
1. LIQUOR LIABILITY
Exclusion c. Liquor Liability is delefed.
2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT
Exclusion f, Pollution or any additional pollufion exclusion attached to this Coverage Form shall not apply fo
"Bodily injury" if sustained within a building thaf is or was at any time owned or occupied by or renfed or loaned
to any insured and caused by smoke, fumes, vapor or soof from equipmenl used to heat or cool the building.
3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID
CREW)
Exclusion g, Aircraft, Aufo or Watercraft, paragraph (2) is deleted and replaced wifh the following:
(2) A wafercraft you do nof own thaf is:
(a) Less than 51 feef long; and
(b) Nof being used to carry persons or property for a charge;
Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows:
(6) An aircraft fhat you do not own fhat is:
(a) Hired;
(b) Rented; or
(c) Loaned fo you;
with paid crew for a period of five (5) consecutive days or less.
Paragraph (6) does nof apply if fhe insured has any other insurance for "bodily injury or "property damage"
liability for such aircraft, whether such ofher insurance is primary, excess, contingenf or on any ofher
basis.
4. PREMISES ALIENATED
A. Exclusion j. Damage to Property, paragraph (2) is deleted.
B. The following paragraph is also deleted from Exclusion j. Damage fo Property:
Paragraph (2) of this exclusion does nof apply if fhe premises are "your work" and were never occupied,
renfed or held for rental by you
5. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators.
B. Exclusion k, Damage to Your Product does not apply to:
1. The use of elevafors; or
2. liability assumed under a sidetrack agreement.
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Copyright Insurance Services Office, Inc., 2004
CG 70 49 09 05
Page 1 of9
6, PROPERTY DAMAGE LIABILITY. BORROWED EQUIPMENT
A, Exclusion j, Damage to Property, paragraph (4) does not apply to "property damage" to borrowed
equipment while at a jobsite and nof being used to perform operations.
B. With respect fo anyone borrowed equipmenf item, provision 6.A. above does not apply to "property
damage" thaf exceeds $25,000 per occurrence or $25,000 annual aggregafe.
7. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does nof apply to "producf recall
expenses" that you incur for the "covered recall" of "your product". This excepfion to fhe exclusion does
not apply to "producf recall expenses" resulting from:
1, Failure of any producfs 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. Redistribuflon or replacement of "your product", which has been recalled, by like products or
substifutes;
5, Caprice or whim of fhe Insured;
6. A condition likely fo cause loss, about which any Insured knew or had reason to know at fhe incepfion
of this insurance;
7. Asbesfos, including loss, damage or clean up resulting from asbesfos or asbestos containing
materials;
8, Recall of "your producf(s)" that have no known or suspected defecf solely because a known or
suspecfed defect in anofher of "your product(s)" has been found.
B, Under SECTION 11I- LIMITS OF INSURANCE, paragraph 3. Is replaced in its enfirefy as follows and
paragraph 8. is added:
3. The Producfs-Completed Operations Aggregafe Limif is fhe mosf we will pay for the sum of:
a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
because of "bodily injury" and "property damage" included in the "products-complefed operafions
hazard" and
b. "Producf recall expenses".
8. Subjecf fo paragraph 5. above, $25,000 is the most we will pay for all "producf recall expenses"
arising out of the same defecf or deficiency.
The insurance afforded by provisions 1. fhrough 7. of this endorsement is excess over any valid and collectible
insurance (including any deducfible) available fo fhe Insured whefher primary, excess or contingent, and SECTION
IV., paragraph 4. Of her Insurance is changed accordingly.
8, CONTRACTUAL LIABILITY" PERSONAL AND ADVERTISING INJURY
Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted.
9. SUPPLEMENTARY PAYMENTS
Under SECTION 1- SUPPLEMENTARY PAYMENTS" COVERAGES A AND S, paragraphs 1.b. and 1.d. are
deleted and replaced with the following:
b. Up fo $2,500 for cost of bail bonds required because of accidents or traffic iaw 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 Dr defense
of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
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Copyrighf Insurance Services Office, Inc., 2004
Page 2 of9
CG 70 49 09 05
10. BROADENED WHO IS AN INSURED
SECTION II - WHO IS AN INSURED is deleted and replaced with fhe following:
1. If you are designafed in the Declarations as:
a. An individual, you and your spouse are Insureds, but only with respect fo fhe 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 fheir spouses
are also insureds, buf only with respect fo fhe conduct of your business.
c. A limited Ilabilify company, you are an insured. Your members are also insureds, buf only with
respect fo fhe conducf of your business. Your managers are insureds, but only with respect fo their
duties as your managers.
d. An organization other than a partnership, joint venfure or limifed liability company, you are an insured.
Your "execufive officers" and directors are insureds, buf only wifh respect fo their dufles as your
officers or directors. Your sfockholders are also insureds, buf only wifh respect fo fheir liabilify as
sfockholders.
e. A frust, you are an insured. Your trustees are also insureds, but only with respect fo their dufies as
trustees.
2. Each of fhe following is also an Insured:
a. Your 'volunteer workers" only while performing dufies relafed to the conducf of your business, or your
"employees," of her than eifher your "execufive officers," (If you are an organizafion ofher fhan a
partnership, joinf venture or limited liability company) or your managers (If you are a limifed liabilify
company), but only for acts wlfhin the scope of fheir employment by you or while performing dufies
related fo fhe conduct of your business. However, none of fhese "employees" or "volunfeer workers"
are insured for:
(1) "Bodily injury" or "personal and. advertising Injury":
(a) To you, fo your partners or members (if you are a partnership or joint venture), fo your
members (If you are a limlfed liability company), fa a co-"employee" while in the course of
his or her employmenf or performing dufies related fo the conduct of your business. or to
your other "volunfeer workers" while performing duties relafed to fhe conduct of your
business;
(b) To fhe spouse, child, parent, brofher or sister of fhaf co-"employee" or "volunfeer worker" as
a consequence of paragraph (1) (a) above;
(c) For which fhere is any obllgafion to share damages with or repay someone else who musf
pay damages because offhe Injury described in paragraphs (1)(a) or (b) above; or
(d) Arising out of his or her providing or falling to provide professional health care services
excepf as provided in provision 11. of fhis endorsement.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented fo, in the care, custody or confrol of, or over which physical confrol is being
exercised for any purpose by
you, any of your "employees," "volunfeer workers", any partner or member (if you are a
partnership or joint venfure), or any member (if you are a limited liability company).
b. Any person (Of her than your "employee" or "volunteer worker"), or any organization while acfing as
your real estate manager.
c. Any person or organization having proper temporary cusfody of your property If you die, but only;
(1) With respect to liability arising ouf of the maintenance or use offhat property; and
(2) Until your legal representative has been appointed.
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Copyright Insurance Services Office, Inc" 2004
CG 70 49 09 05
Page 3 of9
d. Your legal representafive If you die, buf only with respect to duties as such. Thaf represenfative will
have all your righfs and dufies under this Coverage Form.
e. Your subsidiaries if:
(1) They are legaliy incorporated entifies; and
(2) You own more fhan 50% of the vofing stock in such subsidiaries as of the effective date of this
policy.
If such subsidiaries are not shown in the Declarations, you musf report them to us within 180 days of
the inception of your original poilcy.
f. Any person or organization other than an archifect, engineer, or surveyor, which requires in a "work
contract" fhat such person or organization be made an insured under fhis policy. However, such
person or organization shall be an insured only wifh respecf fo covered "bodily injury," "property
damage," and "personal and advertising injury" that results from "your work" under thaf "work
confract." The coverage afforded to such peopie or organizafion will continue oniy for a period of thirty
(30) days after the effecfive date of the appiicable "work contracf" or, until the end of fhe policy term,
whichever is earlier. However, if you report fo us wifhin fhe 30-day period stated above fhe name of
the person or organizafion, as well as fhe nature of fhe "work contract" invoived, the coverage
afforded under fhis Coverage Form fo such people or organization shall continue until fhe expiration
of this polley. This paragraph f. does nof apply if form CG 70 48, Contractors Blankef Additional
Insured Endorsemenf, is attached fo the policy.
g. Any person or organization fo whom you are obligafed by virtue of a written confract fa provide
insurance such as is afforded by this policy, buf only wifh respecf fo liabilify arising out offhe
maintenance or use of fhat part of any premises leased fo you, including common or public areas
about such premises If so required in the contract.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" fhat fakes place after you cease fa occupy those premises; or
(2) Structural alterafions, new construction or demolifion operafions performed by or on behalf of
such person or organization.
h. Any stafe or political subdivision buf only as respecfs legal liability incurred by fhe sfafe or political
subdivision solely because it has issued a permit wlfh respecf fo operafions 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 sfafe or municipality; or
(2) "Bodily injury" or "property damage" included within the "products-complefed operations hazard."
I. Any person or organization who is the iessor of equipment leased fo you to whom you are obligated
by virtue of a written contacf to provide insurance such as is afforded by this policy, buf only with
respect fo fheir Iiabilify arising out of the maintenance, operafion or use by you of such equipment.
However, no such person or organization is an insured with respect to any "occurrenceu that takes
place after the equipment lease expires.
j. Any architect, engineer, or surveyor engaged by you buf only with respecf to Ilabilify arising out of
your premises or "your work."
However, no architect, engineer, or surveyor is an insured with respecf to "bodily injury," "property
damage," or "personal and advertising injury" arising out of fhe rendering of or the failure fo render
any professional services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specification; or
(2) Supervisory, inspection, or engineering services.
Includes copyrighted material of insurance Services Office, Inc., with its permission.
Copyrighf Insurance Services Office, Inc., 2004
Page 4 of9
CG 70 49 09 05
This paragraph j. does not apply if form CG 7048, Contractors Blanket Additional Insured
Endorsement, is attached to the policy.
k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to
you, but only with respect to liability arising out of the ownership, maintenance or use of that part of
the premises or land leased to you.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the
land; or
(2) Structural alteration, new construction or demolition operations performed by or on behalf of that
person or organization.
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company and over which you maintain ownership or majority interest, will qualify as a Named Insured if
there is no other similar insurance availabie to that organization. However:
a. Coverage under this provision is afforded until the end of the policy period.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
or formed the organization.
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written
contract or agreement to provide insurance, is an insured but only with respect to "bodily injury" or
"property damage" arising out of "your products" that are distributed or sold in the regular course of the
vendor's business.
However, no such person or organization is an insured with respect to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement.
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in "your product" made intentionally by the vendor;
d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of "your products";
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of "your product";
g. "Your products" which, after distribution or 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.
This insurance does not apply to any insured person or organization from which you have acquired
"your products", or any ingredient, part of container, entering into, accompanying or containing "your
products".
No person or organization is an insured with respect to the conduct of any current or past partnership,
joint venture or limited Iiabiiity company that is not shown as a Named Insured in the Declarations.
Includes copyrighted materiai of insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2004
CG 70 49 09 05
Page 50f9
11. INCIDENTAL MALPRACTICE LIABILITY
As respects provision 10.. SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any
nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical
services, provided that you are not engaged in the business or occupation of providing such services, and your
"employee" does not have any other insurance that would also cover claims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
Under SECTION III - LIMITS OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as
follows:
12. AGGREGATE LIMITS PER PROJECT
The General Aggregate Limit applies separately to each of your construction projects away from premises
owned by or rented to you.
13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD
A. The requirement under SECTION I - COVERAGE C MEDICAL PAYMENTS that expenses be incurred
and reported to us within one year of the date of the accident is changed to three years.
B. SECTION 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:
1. $10,000; or
2. The amount shown in the Declarations for Medical Expense Limit.
C. This provision 13. does not appiy if COVERAGE C MEDICAL PAYMENTS is excluded either by the
provisions of the Coverage Form or by endorsement.
14. LEGAL LIABILITY (SPECIFIC PERILS)
A. The word fire is changed to "specific perils" where it appears in:
1. The last paragraph of SECTION 1- COVERAGE A, paragraph 2. Exclusions;
2. SECTION IV, paragraph 4.b. Excess Insurance.
B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the
same event, whether such damage results from a "specific peril" or any combination of "specific perils. II
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. $300,000: or
2. The amount shown in the Declarations for Damage To Premises Rented To You Limit.
D. This provision 14. does not apply if the Damage To Premises Rented To You Liability of SECTION 1-
COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement.
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this
endorsement amend the policy as follows:
15. KNOWLEDGE OF OCCURRENCE
Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced
and paragraphs e. and f. are added as follows:
a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless
of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your
"empioyee(s)" shall not, in itseif, constitute knowledge toyou unless one of your partners, members,
"executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or offense took place:
(2) The names and addresses of any injured persons and witnesses: and
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office. Inc., 2004
Page 60f9
CG 70 49 09 05
(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 the 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 uoccurrence" may be a
liability claim rather than a workers compensation claim.
f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that
may result in "product recall expense":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of "your product" and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could be
a cause of loss under the insurance.
16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph 6. Representations is deleted and replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us;
c. We have issued this policy in reliance upon your representations; and
d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy.
We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards
existing as of the inception date of this policy. You must report to us any knowiedge of an error or
omission in the description of any premises or operations intended to be covered by the Coverage Form
as soon as practicable after its discovery. However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or nonrenewal.
17. BLANKET WAIVER OF SUBROGATION
Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured
has waived rights to recover through a written contract, or if "your work" was commenced under a letter of
intent or work order, subject to a subsequent reduction to writing with customers whose customary
contracts require a waiver, we waive any right of recovery we may have under this Coverage Form.
18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL
Paragraph 2. b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the
following:
b. 60 days before the effective date of the cancellation if we cancel for any other reason.
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not
Renew is deleted and replaced with the foilowing:
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in
the Deciarations written notice of the nonrenewai not less than 60 days before the expiration date.
If notice is maiied, proof of mailing will be sufficient proof of notice.
Includes copyrighted material of insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2004
CG 70 49 09 05
Page 7 of9
19. MOBILE EQUIPMENT REDEFINED
Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not appiy to self-
propelled vehicles of less than 1,000 pounds gross vehicle weight.
20. LIMITED ELECTRONIC DATA LIABILITY
A. The following paragraph is added to SECTION 111- LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under Coverage A for "property damage" because of all loss of
"electronic data" arising out of anyone "occurrence" is $25,000.
B. For this provision 20. oniy, SECTION V - DEFINITIONS, paragraph 17. "Property Damage" is repiaced by
the following:
17. "Property damage" means:
a. Physical injury to tangible property, including all resuiting loss of use of that property. All such
loss of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence" that caused it; or
c. Loss of "electronic data". t.oss of "electronic data" means ioss of, loss of use of, damage to,
corruption of, inability to access, or inability to properiy manipulate "electronic data", resuiting
from physicai injury to tangible property. All such loss of "electronic data" shall be deemed to
occur at the time of the "occurrence" that caused it.
For the purposes of this insurance, "electronic data" is not tangible property.
21. DEFINITIONS
1. SECTION V - DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition:
"Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury,"
"property damage," or "personai 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 settiement to which we agree or in a "suit" on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V - DEFINITIONS is amended by the addition of the following definitions:
"Covered recall" means a recall made necessary because you or a government body has determined that
a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has
resulted or will result in "bodily injury" or "property damage".
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer software (including systems and applications software), hard or fioppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media used with electronically controlled
equipment.
"Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are
related to the recall or withdrawai 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 travei expense:
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
f. Packaging of or transportation or shipping of defective products to the location you designate; and
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2004
Page B of 9
CG 70 49 09 05
g. Disposal of "your products" that cannot be reused. Disposai expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process such
product; and
(2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary
to avoid "bodily injury" or "property damage".
"Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water
damage".
"Water damage" means accidental discharge or 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.
"Work contract" means a written agreement between you and one or more parties for work to be
performed by you or on your behalf.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright insurance Services Office, Inc., 2004
Page 9 of 9
CG 70 49 09 05
()
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
SECTION II. WHO IS AN INSURED is amended to include as an insured any person or organization, called an
additional Insured in this endorsement:
1. Whom you are required to add as an additional insured on this policy under a written contract or agreement
relating to your business; or
2. Who is named as an additional insured under this policy on a certificate of insurance.
However, the written contract, agreement or certificate of insurance must require additional insured status for a time
period during the term of this policy and be executed prior to the "bodily injury", "property damage", .personal injury",
or "advertising injury" giving rise to a claim under this policy.
If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to
writing within 30 days from such commencement and with customers whose customary contracts require they be
named as additional insureds, we will provide additional insured status as specified in this endorsement.
3. If the additional insured is:
(a) An individual, their spouse is aiso an additional insured.
() (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds.
(c) A limited liability company, members and managers are also additional insureds.
(d) An organization other than a partnership, joint venture or limited liability company, executive officers and
directors of the organization are also additional insureds. Stockholders are also additional insureds, but
only with respect to their liability as stockholders.
(e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
The insurance provided to the "additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of:
(a) Premises you own, rent, lease, or occupy, or
(b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or
the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case
the coverage provided shall extend to "your work" for that additional insured.
Premises, as respects this provision, shall include common or public areas about such premises jf so required
in the written contract or agreement.
Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring
after:, .
(1) All work including materials, parts or equipment furnished in connection with such work on the project
(other then service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed: or
)
Includes copyrighted material of Insurance Services Office, inc., with its permission"
Copyright Insurance Services Office, Inc., 2003
Page 1 of 2
CG 7048 03 04
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(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 project.
2. The limits of insurance applicabie to the additional insured are the least of those specified in the written
contract or agreement, or in the certificate of insurance or in the Declarations for this policy. if you also carry
an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional
insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured
under this policy shall be those specified in the Declarations of this policy. The iimits of insurance applicable to
the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations.
3. The additional insured status provided by this endorsement does not extend beyond the expiration or
tenminatlon of a premises lease or rental agreement nor beyond the term of this policy.
4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured
under the terms of the GENERAL liABiliTY EXTENSION ENDORSEMENT, if attached to this policy, shall
have the benefit of the terms of this endorsement if the terms of this endorsement are broader.
5. If a written contract or agreement or a ~~rti.ficate.of insurance as outlined above requires that additional insured
status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below,
are incorporated into this endorsement as respects such additional insured, to the extent that such terms do
not restrict coverage otherwise provided by this endorsement:
ADDITIONAL INSURED. OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
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.
Copyright, insurance Services Office, inc., 1984
CG20 10 1185
The insurance provided to the additionai insured does not apply to "bodily injury", "property damage", "personal
Injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render
any professional services including but not limited to:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change
orders, design specifications; and
2. Supervisory, inspection, or engineering s8lVices.
Any coverage provided in this endorsement is excess over any other vaiid and collectible insurance available to
the additional insured whether primary, excess, contingent, or on any other basis unless the written contract,
agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will
be primary without contribution from such other insurance availabie to the additional insured.
Page20f2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, inc. 2003
CG 70 48 03 04
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Coilier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2009 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
ail demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2009, by
,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:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
FROM:
(Project Name)
RE:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total vaiue of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) titie to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properiy due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THiS APPLICATION is recommended:
By Design Professionai :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATiON is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Titie)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ...........................................................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount.. ............... .................... ........$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E-1
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby deciared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inciusive,
and the failure to include an item in it does not alter Ihe responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2009
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2009
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Compietion on
,2009
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2009
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Compietion Time as set forth in the Agreement:
Actual Finai Completion Date:
Calendar Days.
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operaling Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
- 14. Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by NJA. If NO is checked for any of the above, attach
expianation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Titie)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit 0-3.
4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its feasons therefofe; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC-CA-H-4
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials. labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor. sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary. Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement. Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment. or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
GC-CA-H-5
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to fectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner afising out of thi.s Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
GC-CA-H-6
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC-CA-H-7
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
GC-CA-H-8
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
GC-CA-H-9
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had,
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
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Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, filling and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
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above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
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calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
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Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not considef the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
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by Contfactor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
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to Contractor, at Contractor's expense. These warranties are In addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contfactor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
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construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will confofm to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
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and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decfease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
GC-CA-H-20
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
GC-CA-H-21
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
GC-CA-H-22
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing
which is located upon or adjacent to an existing Owner facility.
Contractor shall comply with the following:
on a Project site
In such event,
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site, Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5,9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
GC-CA-H23
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("Mar) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Awafd.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
GC-CA-H-24
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
GC-CA-H-25
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractofs identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
GC-CA-H-26
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
GC.CA.H-27
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
GC-CA-H-28
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Consultant shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (FAC.) or aboveground 62-762,
F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
FAC. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
GC-CA-H-29
39. STANDARDS OF CONDUCT; PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat,
clean, well-groomed and courteous. Subject to the Americans with Disabilities Act,
Contractor shall supply competent employees who are physically capable of
performing their employment duties. The Owner may require the Contractor to
remove an employee it deems careless, incompetent, insubordinate or otherwise
objectionable and whose continued employment on Owner's projects is not in the
best interest of the County.
GC-CA-I-1
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The Notice to Proceed will be issued only after the following documentation has
been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance certificate;
b. Progress schedule, which shall utilize the Critical Path method of
scheduling and Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submitted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
3. All engineering site plans and drawings referencing a specific geographic area
must be submitted in an AutoCad 14 or later format drawn in the Florida State
Plane East (US Feet) Coordinate System. The drawings should either
reference specific established Survey monumentation, such as Certified
Section Corners (Half or Quarter Sections are also acceptable), or be derived
from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier County
Transportation Division.
4. The County may, at its discretion, use VISNMASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-2
EXHIBIT J
TECHNICAL SPECIFICATIONS
See Separate downloadable file
GC-CA-J-1
EXHIBIT K
PERMITS
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
See Separate downloadable file
GC-CA-J-1
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EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
ITEM NO.: :0/ 'fe,c.,... 0 \ s~
REQUEST FOR LEGAL SERVICES
Jr'hU. ,.'i !~~TE RECEIVED:
'/)II~q" '~7'\nNEY .y- \A-
I......... .,1 Y 1\ II}r' - ~ <)"
7r'e [" 'e 25 Pi': ! 12 tJ (J ~ J0,-
bV' .{'-~y\'
41 ~ >f1 ))'0
"\VI':, L, {" 'h \ \)' ~
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
March 26,2010
To: Office of the County Attorney
Attention: Jeff Klatzkow
From: Dianna Perryman., Contract Specialist
Purchasing Department, Extension 4270
~;\
~tt>O
Re: Contract: #10-5395 "Electrical SCADA & Telemetry Upgrades at
Waste Water Pumping Stations"
Contractor: E.B. Simmonds Electrical, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on March 9, 2010, Agenda
Item 16.C.3
This item has not been submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: Oscar Martinez, PUPPMD
~~o
RLS#--UL2L2C D~ 50Cj
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name:-::C ~O. ~ IV"'. Y'<\onclS- ~ \ec\iic..cDJ IIcC.
~
Insurance ./
Insurance Certificate attached? _~s No
fnsured registered in Florida? ~ No
Contract # &/or Project referenced on Certificate? = No
Certificate Holder name correct (BCC)? es No
Commercial General Liability .\
General Aggregate Required $___ Provided $ '201; \\ Exp. Date '\'(2.,
Products/CompVOp Required $ Provided $ It 'J' Exp. Date
Personal & Advert Required $ Provided $ ~\M01 Exp. Date I' ~ I I
Each Occurrence Required $2. y'(\ \ \ \ Provided $" 'J Exp. Date _
FirelProp Damage Required $_ Provided $,3ci>~ Exp. Date
Automobile Liability ::J!!IL ~
Bodily fnj & Prop Required $ 00 Provided $-\ ~ ~ \ \ Exp Date r::. ~~d \'0
Workers Compensation' ~
Each accident Required $ Provided $ =:oo'?- Exp Date ~_
Disease Aggregate Required ~__= Provided $ -'i......L.L Exp Date ~-'---'-..
Disease Each Empl Required $. _ Provided $ ~-L~ Exp Date , r ' ,
Umbrella Liability ~
Each Occurrence Provided $'2'('1"\\ \ \ Exp Date . \0
Aggregate ProvIded $ It " Exp .Pate -+ I
Does Umbrella sufficiently cover any underinsured portion? ~ Y es _No
Professional Liability
Each Occurrence Required $_ ___ Provided $
Per Aggregate Required $____ Provided $
Other Insurance' ,
Each Occur TYPe:~~Reqllired$~
County required to be naJed as addition . sured?
County named as additional insured?
Entity name correct on contract?
Entity registered with FL Sec. of State"
No
No
Exp. Date__
Exp. Date
'r NO"'O"--
. Yes __No
.~ -~
__Yes ----2'N~
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary: _
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
es
No
No
_No
No
No
No
_No
No
No
_No
~~e~ In;t;,j" ~;'"'ll \ \~
Date:___ 101
04.COA-O j 030( "I I
'I
MEMORANDUM
TO:
Ray Carter
Risk Management Department
~!
Yc~.r .QfI
-.
~
(;,01
FROM:
Dianna Perryman, Contract Specialist
Purchasing Department
DATE: March 26, 2010
RE: Review of Insurance for Contract: #10-5395 "Electrical SCADA &
Telemetry Upgrades at Waste Water Pumping Stations"
Contractor:
E.B. Simmonds Electrical, Inc.
This Contract was approved by the BCC on March 9, 2010, Agenda Item
16.C.3
Please review the Insurance Certificates and Payment & Performance Bonds
for the above-referenced contract. If everything is acceptable, please forward
to the County Attorney for further review and approval. Also, please advise
me when it has been forwarded. Thank you. If you have any questions,
please contact me at extension 4270.
dod/DP
()'
)(; ~I :~
I ~0 }J
/ I '1-J 1~
,/
C: Oscar Martinez, PUPPMD
mausen 9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, March 26, 2010 11 :53 AM
DeLeonDiana
perryman~d; mausen_g; HerreraSandra
Contract 10-5395 "Electrical SCADA & Telemetry Upgrades at Waste Water Pumping
Stations"
All, I have approved the payment bond, performance bond, and the certificate of insurance provided by E.B. Simmonds
Electrical, Inc. for contract 10-5395. Georgina in Risk Mgmt will now document our files accordingly and personally walk
the contract to the county attorney's office for their review.
Thank you,
Ray
~ Cah.t.eh.
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail 10 this entity. Instead, contact this office by telephone or in writing
1
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Florida Profit Corporation
E. B. SIMMONDS Et.ECTRICAL. INC.
Filing Information
j
Document Number K47793
FEI/EIN Number 650086160 j
Date Filed 11/29/1988
State FL
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 12/31/1990
Event Effective Date NONE
Principal Address
3750 ENTERPRISE AVE #300
NAPLES FL 34104-3659
Changed 10/19/2009
Mailing Address
3750 ENTERPRISE AVE #300
NAPLES FL 34104-3659
Changed 10/19/2009
Registered Agent Name & Address
SIMMONDS. E. B.
3750 ENTERPRiSE AVE #300
NAPLES FL 34104-3659
Address Changed: 10/19/2009
OfficerlDirector Detail
Name & Address /
TItle PC
SIMMONDS, E B
1014 BROAD AVE N
NAPLES FL 34102-8103 US
Title TS
SIMMONDS, L YNE
1014 BROAD AVE N
NAPLES FL 34102-8103 US
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2010 02/25/2010
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