#11-5747 (E. B. Simmonds Electrical, Inc.)
AdminisUative.SeMces (lvisjon
Purchasing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8995
FAX: (239) 252-6588
Email: ScottJohnson@collierqov.net
www.collierqov.netlpu rchasinq
Memorandum
Subject:
Contract #11-5747 "NCRWTP Main Electrical Switchgear Replacement"
Date:
September 28, 2011
From:
Diana De Leon for Scott Johnson, Procurement Strategist
To:
Ray Carter, Risk Manager
This Contract was approved by the BCCon September 13, 2011; Agenda Item 10.0
The County is in the process of executing this contract with E.B. Simmonds Electrical, Inc.
Please review the Payment and Performance Bonds, and Insurance Certificate(s) for the referenced Contract.
· If the insurance is not in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
· If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any..questions, please contact me at the above referenced information.
,,~i'"
...
(Please route to County Attorney via attached Request for Legal Services)
DATE RECEIVED
SEP 2 9 2011
RISK HAHAGEMENT
G/Acquisitions/AgentFonnsandLetters/RiskMgmtReviewoflnsurance4/15/201 0/16/09
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AdninislJ:ative.Services (lvisjon
Purchasing
NCRWTP Main Electrical Switchgear Replacement
COLLIER COUNTY BID NO. 11-5747
COLLIER COUNTY, FLORIDA
Design Professional:
RKS Engineers
(j)
-.-'
PlB'Cl1asing Department. 3327 Tamiami Trail East. Naples. Florida 34112-4901 . www.colliergov.netJpurcl1aslng
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Construction Services Agreement for Public Utilities: Revised 6/1/11
TABLE OF CONTENTS
PU BllC NOTiCE...................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS..................................................................................... 5
CONSTRUCTION BID.. ..... ... ............ ... ....... ........ ........ ....... ....... ............. ..... ....... ......... .......... ...15
BID SCH EDUlE.................... ........... .......................... ....... .......... ............ ............... ..... ......... ...16
MATERIAL MAN UFACTURERS .. ...... ................... .............. ........ ............ ................. ..... .......... ..17
liST OF MAJOR SU BCONTRACTORS ......... ........ ......................... ...... ...... ........... ................... ..18
STATEMENT OF EXPERIENCE OF BIDDER ...............................................................................19
TRENCH SAFETY ACT... .... ................ ... ........ ....... ...... ............ .... ... ........ ........ .... .... ............ ....... 20
AFFIDA VIT FOR CLAIMING STATUS AS A lOCAL BUSINESS .....................................................21
IMMIGRATION LAW AFFIDAVIT CERTIFICATION ....................................................................22
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 ............................................................23
BID BON 0 ... ........ .... ...... ........ ...... ........... .... ....... .... ......... ............ ...... ..... ............ ........ .... ..... ..27
BI DOERS CH ECK LIST ...... ........ .... ....... ...... ....... ..... ..... ..... ......... ........ .......... ...... .... ...... ...... .......30
CONSTRUCTION AG REEM ENT ............................................................................................... 31
EXHIBIT A: PUBLIC PAYMENT BOND;.....................................................................................39
EXHIBIT A: PUBLIC PERFORMANCE BOND .............................................................................42
EXH I BIT B: INSURANCE REQU IREMENTS .... ............ .......................... ........ .......... .......... ....... ..45
I NSURANCE AND BON 01 NG REQU I REM ENTS .................. ............... .............................. ......... 47
EXHIBIT C:RElEASE AND AFFIDAVIT FORM ............................................................................49
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..........................51
EXH I BIT E: CHANGE ORDER. ........ ......... ... ..... ...... ...... ..... ...... ............. ...... ...... .... .... ........ ......... 57
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPlETION........................................................59
EXH IBIT G: FI NAl PAYMENT CHECKLIST...... ................... ......... ........ .............. ...... .......... ......... 61
EXHIBIT H: GENERAL TERMS AND CONDITIONS.....................................................................63
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS............................................................94
EXH I BIT J: TECH N ICAl SPECI FICA TIONS ................ ........ ............. ........................ ..... ...............96
EXH I BIT K: PERMITS..... .... ................... ......... ..... ...................... ... ....... ...... .... .... ....... ...............97
EXH I BIT l: STAN DARD DETAILS ...................... ............. ........ ....... ........... ...... ............ .............. 98
EXHIBIT M: PLANS AND SPECIFICATIONS ..............................................................................99
EXHIBIT N: CONTRACTOR'S KEY PERSONNEl ASSIGNED TO THE PROJECT ............................100
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Construction Services Agreement for Public Utilities: Revised 6/1/11
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Adnini58"aiive Servia:S...~'
Purchasing'
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
NCRWTP Main Electrical Switchgear Replacement
COUNTY BID NO. 11-5747
Separate sealed bids for the construction of NCRWTP Main Electrical Switchgear
Replacement, addressed to Mr. Steve Carnell, Purchasing Director, will be received at
the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples,
FL 34112, until 2:30 P.M. LOCAL TIME, on the 10th day of August, 2011, 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 1 0:00 a.m. LOCAL TIME on the 22nd
day of July 2011, at which time all prospective Bidders may have questions answered
regarding the Bidding Documents for this Project. All Bidders shall submit all questions
via the Online Bidding System located at colliergov.net\bid. All questions will be
answered in the Online Bidding System. The Engineer's Estimate for this project is
$1,395,000.00 Dollars.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, NCRWTP Main Electrical Switchgear Replacement Bid
No. 11-5747 and Bid Date of August 10, 2011". No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule 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.net/bid.
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 ten (10)) 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.
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Construction Services Agreement for Public Utilities: Revised 6/1/11
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
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 0[ger to perform public work, the Successful Bidder shall, as applicable, hold or
obt~in 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 five hundred
ten (510) 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 8th day of July 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell
Purchasing/General Services Director
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Construction Services Agreement for Public Utilities: Revised 6/1/11
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 15 - 29 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 Government, Purchasing Department,
3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope
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Construction Services Agreement for Public Utilities: Revised 6/1/11
containing the Bid must be enclosed in another sealed envelope addressed as above.
Bids received at the 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 two (2) 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.
Riaht 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.
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Construction Services Agreement for Public Utilities: Revised 6/1/11
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 legateffect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department at the County's On Line
Bidding System at http://bid.colliergov.net/bid/, 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 issued on
the County's On Line Bidding System at http://bid.colliergov.net/bid/ no later than three
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Construction Services Agreement for Public Utilities: Revised 6/1/11
(3) working days prior to the date fixed for the 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 Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9.
Documents
Examination of Site and Contract
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 Reauirements
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.
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Construction Services Agreement for Public Utilities: Revised 6/1/11
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.
11.2 Alternate Bid Pricina: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as listed.
The omission of a response or a no-bid or lack of a submitted price may be the basis for
the rejection of the submitted bid response. All bids responses received without pricing
for all alternates as listed will be considered technically non-responsive and will not be
considered for award.
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 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner. When the contract is awarded
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Procurement Specialist of the Owner's Purchasing Department or his or her designee
and delivered to the intended awardee or mailed to awardee at the business address
shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays or Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
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Construction Services Agreement for Public Utilities: Revised 6/1/11
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at http://www.collierqov.net/lndex.aspx?paqe=762.
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.
12.6 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
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.
12.7 Local Vendor Preference: 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 more 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
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Construction Services Agreement for Public Utilities: Revised 6/1/11
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
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 made 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.
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.
Prices
Exclusion of County Permits in Bid
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
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Construction Services Agreement for Public Utilities: Revised 6/1/11
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee 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.
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,
12
Construction Services Agreement for Public Utilities: Revised 6/1/11
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.
LobbyinQ
All firms are hereby placed on NOTICE that the Board of County Commissioners
does not wish to be lobbied, either individually or collectively about a proiect for
which a firm has submitted a response.
Firms and their agents are not to contact members of the County Commission for such
purposes as meeting or introduction, luncheons, dinners, etc. During the process, from
solicitation closinQ to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this solicitation, or the vendor's
response, with the exception of the Purchasing Director or his designee(s). Failure to
abide by this provision may serve as grounds for disqualification for award of this
contract to the firm.
Section 18.
Public Entity 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."
Section 19.
SinQle Bid
Only one bid from a legal entity as a primary will be considered. A legal entity that
submits a bid as a primary or as part of a partnership or joint venture submitting as
13
Construction Services Agreement for Public Utilities: Revised 6/1/11
primary may not then act as a sub-contractor to any other firm submitting under the
same ITS. If a legal entity is not submitting as a primary or as part of a partnership or
joint venture as a primary, that legal entity may act as a sub-contractor to any other firm
or firms sl.!bmitting under the same ITS. All submittals in violation of this requirement will
be deemed non-responsive and rejected from further consideration.
14
Construction Services Agreement for Public Utilities: Revised 6/1/11
BID SCHEDULE
NCRWTP Main Electrical Switchgear Replacement
Bid No. 11-5747
15
Construction Services Agreement for Public Utilities: Revised 6/1/11
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
NCRWTP Main Electrical Switchgear Replacement
BID NO. 11-5747
Full Name of Bidder E. B, Simmonds Electrical. Inc.
Main Business Address 3750 Enterprise Ave Suite 300 Naples FL 34104-3659
Place of Business 3750 Enterprise Ave Suite 300 Naples FL 34104-3659
Telephone No. (239) 643-2770 Fax No. (239) 643-6873
State Contractor1s License # EC0000735
State of Florida Certificate of Authority Document Number
Federal Tax Identification Number 65-0086160
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:
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 means 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:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
16
Construction Services Agreement for Public Utilities: Revised 6/1/11
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
17
Construction Services Agreement for Public Utilities: Revised 6/1/11
MA TERIAL 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~ 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.
Company iimmo~ ~
Signatu~ . ~,...
Date: 08/10/2011
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:
Date:
19
Construdion Services Agreement for Public Utilities: Revised 6/1/11
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.
I &C
BCI. TechnoloQies
9300 Henderson Grade Road
North Fort Mvers, FL 33917
2.
3.
4.
5.
CompanY' E.~C..
Sign.ture:~ .
Date: 08/10/2011
20
Construction Services Agreement for Public Utilities: Revised 6/1/11
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.
Proiect and Location
Reference
1. SEE A IT ACHED LIST
2.
3.
4.
5.
6.
Dated Auoust 10. 2011
--
BY:
21
Construction Services Agreement for Public Utilities: Revised 6/1/11
Project: Collier County Public Utilities SCWRF Caterpillar Redundant Generator
Service #1 and #2
Owner: Collier County Utilities
Engineer: RKS Consulting Engineers
Contract Amount: $467,859.00
Dates: start: September 2008 - completed: August 2009
Contact: Frank Inzano, P. E. Collier County Public Utilities Engineering Dept.
Phone: (239) 732-2597 or (239) 591-0186
Scope of Work: Furnish and install bulkheads and camlocks for emergency
power hook-up generator hook-up
Project: Redundant Emergency Power Hook-Up
Owner: Collier County
Engineer: Pelican Engineering Consultants, Inc., Tom Lepore, P.E
Contract Amount: $552,000.00
Dates: start: various 2006; completed: 2007
Contact: David Holmes / Phone: (239) 774-8380
Collier County Facilities Management
3301 Tamiami Trail East; Naples, FL 34112
Contact: Tom Lepore, P.E. / Phone: (239) 597-7544
Email: tom@pelicanengineering.com
Scope of work: Furnish and install generator power and redundant generator
hook-up at several county facilities located at Collier County Government
Complex Main Campus and the Immokalee Justice Center.
Project Name: Housing Development Corporation Village of Copeland
Furnish and Install Three (3) Emergency Generators PEC 70809
Owner: Village of Copeland Utilities
Engineer: Pelican Engineering, Thomas Lepore, P.E.
Contract Amount: $163,259.00
Project Dates: Awarded February 23,2009 - Completed: December 2009
Contact: Pelican Engineering, Tom Lepore, P.E. (239) 597-7544
Scope of Work: Furnish and install emergency generators for lift stations and
Water Plant
Project Name: 1110 Brickell Avenue
Owner: 1110 Brickell Condominium Association
Engineer: Pelican Engineering, Thomas Lepore, P.E.
Contract Amount: $55,000.00
Project Dates: Start: October 1, 2008 - Complete: November 26, 2008
Contact: Emilia Nabais, C.A.M,
Phone: (305) 377-3563 email: 1110brickellasso@bellsouth.net
Scope of worlc Furnish and install temporary electrical wiring.
Project: Electrical, SCADA and Telemetry Upgrades at Wastewater Pump
Station Sites
Owner: Collier County Utilities
Engineer: RKS Consulting Engineers; Tracy Prokopetz, P.E.
Contract Amount: $474,999.00
Contact: Tracy Prokopetz, P.E.
Phone: (239) 481-6775; Email: tracyo(B)rksenoineers.com
Dates: Start Date: April, 2010 - Completion Date: July 2011
Scope of Work: Electrical Upgrades at thirteen (13) SCADA wastewater pump
station sites. Work includes new electrical service, all grounding, and lightning
protection.
Project: Collier County Public Utilities Engineering Department Collier County
Master Pump Station 302 Generator Contract 08-5078
Owner: Collier County Utilities
Engineer: a. Grady Minor & Associate
Contract Amount: $105,380.00
Project Dates: Awarded February 6,2009 - completed date: March, 2010
Contact: Sandy Sridhar, P .E., Collier County Public Utilities
Phone: (239) 252-5345
Scope of work: Furnish and install generator for master pump station and
upgrade electrical
Dated August 10. 2011
BY:
E. B. Simmonds Electrical. Inc.
~~~
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
Measure
(Descriotion)
Units of
Measure
(LF. SYl
Unit
(Quantity)
Unit
Cost
Extended
Cost
N/A
1.
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
Dated Auaust 10.2011
E. B. Simmonds Electrical. Inc.
? A 'dd~r < A .
BY: {;//)~,..;r------
22
Construction Services Agreement for Public Utilities: Revised 6/1/11
~
AdnInislraIIIIe SeMoes DI\IIsion
Pun:I1asnl;
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
BID #: 11-5747 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
~ Collier County
D Lee County
Vendor 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.
Vendor must complete the following information:
Year Business Established in ~Collier County or D Lee County: 1982
Number of Employees (Including Owner(s) or Corporate Officers):_21
Number of Employees Living in ~ Collier County or D Lee (Including Owner(s) or Corporate Officers):_19_
If requested by the County, vendor will be required to provide documentation substantiating the information given in this
affidavit Failure to do so will result in vendor's submission being deemed not applicable.
Company Name:
E.B. Simmonds Electrical. Inc.
Date: Auaust 10. 2011
Na les FL 34104-3659
Signature:
-----
Title: President
STATE OF FLORIDA
~ COLLIER COUNTY
D LEE COUNTY
rn to and Subscribed Before Me, a Notary Public, for the above State and County, on this It},,;,/,
(" , 20
Nyla Dawn E man
My Commission Expires:
G~
!~j
~Of~l
Notary Public Slale oi Florida
Nyta Dawn Elman
My Commission 00795867
Expires 0610812012
Day of
AFFIX OFFICIAL SEAL)
23
Construction Services Agreement: Revised 6/112011
cJt,. Cmmty
~
AdrnnIslraIJIIe ServIces DMslon
Pun:has'ng
Immigration Law Affidavit Certification
Solicitation # and Title:11-5747 NCRWTP Main Electrical Switchgear Replacement
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors I Bidders are required to enroll in the
E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's
proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the
fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable
evidence of enrollment in the E-Verifv proaram. mav deem the Vendor / Bidder's proposal as 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 a(e) 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 comply with the provisions of the Memorandum of Understanding with E-Verify
and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department
of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's /
Bidder's proposal.
Company Name
E. B. Simmonds Electrical. Inc.
Print Name
E.B s~s :s:
4; (t~ -"
Title President
Signature
Date Auaust 10. 2011
State of Florida
County of Collier
The foregoing instrument was signed and acknowledged before me this 10th day of
Auaust . 2011, by
)
Nota
who has produced FL DL S553-202-53-190-O
(Type of Identification and Number)
as identification.
Nvla Dawn Elman
Printed Name of Notary Public
-<If "cl Notary Public State of Florida
._o.,...~~.
~ PIIyla Dawn Elman
'!. ..: My Commission 00795667
~OF""~ Expires 06106/2012
DD795867 106/08/2012
Notary Commission Number/Expiration
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.
24
Construction Services Agreement: Revised 611/2011
Emp10yerWizard
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Employment Eligipility Verificatiao
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Lyne Simmonds
User Ie
LSIM1243
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Company Information
Company Name:
Doing Business As (DBA) Name:
DUNS Number:
E. B. Simmonds Electrical, Inc.
E. B. Simmonds Electrical, Inc.
112958103 ~
it
Address 1:
Physical Location (ThIS is not the mailing address. This is the location where the verification queMes wili be perionned.)
'"
Address 2:
City:
State:
Zip Code:
County 1 Parish:
Mailing Address (Provide ff different from physical location.)
Address 1:
Address 2:
City:
State:
Zip Code:
Additional Information
Employer Identification Number:
(also known as Federal Tax 10 Number)
Total Number of Employees:
(including full-time, part-time, and seasonal
employees of the site(s) being verified for)
Parent Organization:
Administrator:
Organization Designation
Employer Category:
3750 Enterprise Avenue Suite 300
Naples
FLORIDA
34104-3659
COLLIER
,.
..
~
8
.
Search
650086160
,.
10 to 19
None of these categories apply
'Edit I
U.S. Department of Homeland Security - www.dhs.gov U.S. Citizenship and Immigration Services - www.uscis.gov
https:lle-verify.uscis.gov/emp/Emp1oyerWizard.aspx
Accessibility Download Viewers
11/3/2010
Co~ Cmmty
~
.AannisIIalJIIe 5eMces DMsion
Pult:t1asing
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue SerVice regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including social
security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used
for no other purpose than herein stated. Please complete all information that applies to your business and return with
your quote or proposal.
1. General Information (provide all information)
Taxpayer Name E. B. Simmonds Electrical. Inc.
(as shown on income tax retum)
Business Name
(if different from taxpayer name)
Address 3750 Enterprise Ave. Suite 300 City NaDles
State FL Zip 34104-3659
Telephone (239) 643-2770 FAX (239) 643-6873 Email ebst6>.ebsimmondselectrical.com
Order Information Remit I Payment Information
Address 3750 Enterprise Ave. Suite 300 Address 3750 Enterprise Ave. Suite 300
City Naoles State FL Zip 34104 City NaDles State FL Zip_341 04-3659_
FAX (239) 643-6873 FAX (239) 643-6873
Email iohnlCi>.ebsimmondselectrical.com - Email IvnelCi>.ebsimmondselectrical.com
2. Company Status (check only one)
_Individual 1 Sole Proprietor
X_Corporation
_Partnership
_Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
_ Limited Liability Company
Enter the tax classification
(D = Disre arded Entity, C = Corporation, P = Partnershi )
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
65-0086160
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
alties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature
Date
Auaust 10. 2011
Title
President
Phone Number (239) 643-2770
25
Construction Services Agreement: Revised 6/112011
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 four hundred twenty (420)
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 forty five (45) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the
last day of such period.
Respectfullv Submitted:
State of
County of
Florida
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.
26
Construction Services Agreement: Revised 6/1/2011
(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 Lvne Simmonds
Treasurer Lvne Simmonds
Manager
The is authorizod to sign oonstruction Bids
and oontracts for the oompany by action of its Board of Direotors taken
I a cortifiod oopY of which is hereto attached (strike
out this last sentence if not applicable).
(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
27
Construdion Services Agreement: Revised 6/112011
Complete for information contained in (a) Corporation, (b) Co-Partnership or (c)
Individual from previous page.
DATED AUQust 10. 2011
E. B. Simmonds Electrical. Inc.
legal entity
BY:
President
Title
STATE OF Florida
COUNTY OF Collier
The foregoing instru~ent was acknowledged before me this /0 da.y of 11 fA] fA. ~ t ,
2011, by E. B. Sjry,mol,ctS ,as fre<:'lCde""T
of E:E.S;I'1'\r'Y)Clld-s Elec..tr~ico...llrnc. ,a F/oriJ..o...... 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: &. ?/.;(
/ .~ f!a. ~atUr7 r~CVn
(Sig~ ure of Notary)
NAME:
Nvla Dawn Elman
(AFFIX OFFICIAL SEAL)
gibly Printed)
~ ~~.. Notary Public Stllte of Florida
~~ "1-. Nv1a Dawn Elman
;" c ; My Commission 00795867
-.., 0, f'-~f' ":xplres 06/0812012
^-'"
N tary Public, State of Florida
mmission No.: DD795867
28
Construction Services Agreement: Revised 6/112011
BUSINESS CONTACT INFORMATION
E. B. Simmonds Electrical. Inc.
(Firm's Complete Legal Name)
Main Business
3750 Enterprise Ave. Suite 300
(Address)
Contact Name E. B. Simmonds
Title President
Naples FL 34104-3659
(City, State, ZIP)
Phone No. (239) 643-2770
FAX No. (239) 643-6873
Email address:ebs@ebsimmondselectrical.com
...A.A.........AA*************AA....~............******A.*A..A.**.A..AAA.AA.A...A.A..A...*A..***A...
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email address:
Office Servicing Collier County Account
/Place Orders/Request Supplies
(REQUIRED ONLY if different from above)
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email Address:
31
Construdion Services Agreement: Revised 6/1/2011
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. Collier County's Substitute W-9
10. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
11. Any addenda have been signed and included.
12. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
13. The mailing envelope must be sealed and marked with:
<:>Bid Number; 11.5747
<:>Project Name; NCRWTP Main Electrical Switchgear Replacement
<:>Opening Date.
14. The Bid will be mailed or delivered in time to be received no later than the specified
ooenina 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
.- ---President
DATE: Auaust 10. 2011
32
Construction Services Agreement: Revised 6/112011
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we E. B. Simnonds Electrical, Inc.
Naples, FL (herein after called the Principal) and
Lexon Insurance company , (herein
called the Surety), a corporation chartered and existing under the laws of the State of
TX with its principal offices in the city of Woodridge, II, and authorized
to do business in the State of FL are held and firmly bound unto the
Collier Conntv Board of cornmissionpr!=: _ (hereinafter called the Owner), in
the full and just sum of Eighty Thousand dollars
($ 80,000.00 ) 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 NCRWI'P Main Electrical
SWitchgear
NCRWTP Main Electrical Switchgear Replacement
Bid No. 11-5747
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 $_ 80,000.00 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.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly
signed and sealed this 1 Oth day of August , 2011.
E.B. Simmonds Electrical, Inc.
Principal
BY
(Seal)
e Co
Surety
BY
(Seal)
Attorney in Fa
;Y:, -J
on Harris, , Florida Resident Agent
Local Resident Producing Agent for Burton Harris
10131 S.W. 40th st. r.ti.ami, FL 33165
POWER OF ATTORNEY
LX-094094
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
Ted Sherman, Craig Sherman, Judy Blaige, Karen Genoff *******
*********************************************************************************************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its PrEisident, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
BY
(?/~~
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAmmEN K. AYE
Notary Public, State ofDlinois
My Commission Expires 09/21113
CERTIFICATE
~eenS~
Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
10th
Signed and Sealed at Lombard, Illinois this
Day of
August 20 11
,
~Jlf1 ~
Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
eoltr Cmmty
Email: ScottJohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
A.dninislrali\.e Services CIvisia'l
Purchasing
ADDENDUM 1
Memorandum
Date:
August 4, 2011
From:
Scott D. Johnson
To:
Interested Bidders
Subject:
Addendum # 1
Solicitation # and Title 11-5747 NCRWTP Main Electrical Switchgear Replacement
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
1. sequence of construction information to be added to specification
2. Include an additional allowance for "Allowance for services performed by FPL on
vault" for $5,000, which will include:
a. Step 1: Remove both bus ties in FPL vault, leave one bus de-energized and
grounded for switchgear replacement. (Estimated 1 showup and 16
manhours for two man crew)
b. Step 2-4: Re-energize first transformer switched out, then sequentially
switch out next 3 transformers over 3 visits. (Estimated 3 showups and 6
manhours)
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c:
copy of this Addendum with your submittal for the above referenced
August 10, 2011
Date
E. B. Simmonds Electrical, Inc
(Name of Firm)
Addendum Template
Revised: 4/15/10
1
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, 2011, that its most recent annual report was filed
on February 11, 2011, 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 Fifth
day of August, 2011
~"'6
Secretary of State
Authentication ill: 700210776917-080511-K47793
To authenticate this certificate, visit the following site, enter this
ill, and then follow the instructions displayed.
https://efIle.sunbiz.org/certauthver.html
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with E.B. Simmonds Electrical, Inc.
("Contractor") of Naples FL, a Corporation, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with NCRWTP Electrical Switchgear
Replacement, Bid No. 11-5747 ("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: One million four hundred ninety seven
one hundred ninety five dollars and forty-eight cents. ($1,497,195.48)
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
31
Construction Services Agreement: Revised 6/1/2011
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.Qov/c570/c570.html#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 DamaQes.
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 four hundred twenty (420)
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 Dbcuments, 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 forty five (45) 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 one
hundred ten dollars and six cents ($1,110.06) for each calendar day thereafter until
32
Construction Services Agreement: Revised 6/1/2011
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 his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of 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
33
Construction Services Agreement: Revised 6/1/2011
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 Engineers
and identified as follows: NCRWTP Main Electrical Switch Gear
Replacement
as shown on Plan Sheets 1 through 12.
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:
Jason Tomasetti
Collier County Public Utilities
3339 Tamiami Trail East
Naples FL 34112
Tel: 239/252-8836
Fax: 239/252- ?'I??
34
Construction Services Agreement: Revised 6/1/2011
Email: JasonTomasetti@collierQov.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 Electrical, Inc.
Attn: E.B. Simmonds, President
3750 Enterprise Ave
Suite 300
Naples, FL 34104
Tel: 239/643-2770
Fax: 239/643-6873
Email: ebs@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 AssiQns.
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.
35
Construction Services Agreement: Revised 6/1/2011
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
36
Construction Services Agreement: Revised 6/1/2011
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.
****
37
Construction Services Agreement: Revised 6/1/2011
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WIT..N,ES:\ES : ,
~{~ LJ'~vL
FIRST WITNESS
lectrical, Inc.
By:
Jean Winch
E. B. Simmonds President
Type/Print Name and Title
Type/Print Name
SE~o'~1r~ESS
Kim Sasak
Type/Print Name
Date:
OWNER:
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: F~Y'-:~h~
~ht E. Brock, Clerk
BY:~Y
Attett al .. ...
J i gRGture OA"Q "D UTY CLERK
Approved As To Form
a?:~a~k~
Assisjarlt County Attorney
DEPUTY - SCOTT R. TEACH
38
Construction Services Agreement: Revised 6/1/2011
EXHIBIT A: PUBLIC PAYMENT BOND
NCRWTP Main Electrical Switchgear Replacement
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Fl6rida
Statutes, supplying Principal with labor, malerials 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 witli 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 instrument this 26th
day of sept. 2011, the name of each party being affixed and these presents
duly sighed by its under-signed representative, pursuant to authority of its governing
body.
39
Construction Services Agreement: Revised 6/1/2011
Signed, sealed and delivered
~i~~e:L
A<I~ 56 b{t~_
Witnesses as to Principal
STATE OF Florida
COUNTY OF Collier
PRINCIPAL
BY: qI::;:'
NAME: E. B. Simmonds
ITS: President
Inc.
The foregoing instrument was acknowledged before me this 28 day of September
,as President of
,a Florida corporation, on behalf of the
me R has produced___ as
My Commission Expires:
06/08/2012
o~~:r "II~ Notary Public State of Florida
~ ~ Nyla Dawn Elman
~ c:: ~ My Commission 00795867
.~OF"'O~ Expires 06108/2012
NAME:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
~
Nyla Dawn Elman
(Legibly Printed)
Notary Public, State of Florida
Commission No.: DD795867
SURETY:
Iexon Insurance Company
(Printed Name)
900 S Frontage Rd., #250
Woodridge, IL 60517
(Business Address
(Authorized Signature)
(Printed Name)
40.
Construction Se"',ces Agreement: Revised 6/1/2011
OR
%~/
As Attorney in Fact
(Attach Power of Attorney)
Ted Sherman
(Printed Nallis)
JJ~kM~v~
Witnesses / HelenNadirsha
6160 N Cicero Ave., #610
Chicago { IL 60646
(Business Address)
773-736-2320
(Telephone Number)
STATE OF
COUNTY OF
IL
Ccx:>k
The foregoing instrument was acknowl~dged before me this 26th day of
Sept. , 2011, by Ted Shennan , as
. Attorney-in-Fact. . of Lexon Insurance Canp:my
Surety! on behalf of Surety. He/She is personally knoWn to me OR has produced
tak:~~i:t; Driver's License I ~s identification an~d who d.id (did not)
.. E' //)?-", V\.' )
My CommIssion. xplres: ~ , L\
(Signature)
Karen N Genaff
Name:
(Legibly Printed)
'(AFFIX OFFICIAL SEAL)
Notary Public, Slale of: IL
Commission No.: 297992
OFFICIAL SEAl.
KAREN N. GENOFF
NOTARY PUBLIC - STATE OF IWNOIS
MY COUUISSION EXPIRES APRIL 5, 2014
41
Construction Services A~reemenl: Revised G/1/2011
EXHIBIT A: PUBLIC PERFORMANCE BOND
NCRWTP Main Electrical Switchgear Replacement
B d N 1061449
on o.
Contract No. 11-5747
KNOW ALL MEN BY THESE PRESENTS: That E B Si.rmonds Electrical, Inc.
, as Principal, and Lexon Insurance Company
as Surety, located at
900 S Frontage Rd., #250 - Woodridge, IL 60517
(Business Address) are held and firmly bound to
The Board of County Corrmissioners of Collier County ,as Obligee in the sum of
One Million Four Hundred Ninety Seven One Hundred Ninety Five Dollars 48/100
($1,497,195.48 ***) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Princ{pal has entered into a contract dated as of the \ sn
Se~(Y1bel , 2011, with Obligee
NCRWTP Electrical Switchgear Replacement, Bid No. 11-5747
in accordance with drawings and specifications, which contract is incorporated by
reference and macie 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 or additions to the terms of the Contract or to work or to
the specifications.
42
Con&truction Services Agreement: Revised 6/1/2011
This instrument shall be construed in all respects asa common law bonq. It is
expressly understood that the Ume provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply [0 this bond.
In no event will the Sljrety be liable in the aggregate 10 Obligee for more 'tha'n the pr.:maJ
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 26th
day of Sept. , 2011, the n\3me 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 pr~stn;e of:
~UA\D~
~~NY. SlLJd(l
Witnesses as to Principal
PRINCIPAL
ByE e&~::tlnc.
-
NAME: E. B. Simmonds
ITS: President
STATE OF Florida
COUNTY OF . Collier
The foregoing
SeptE!mber
President
Florida
uersonallY
in~trljmerit was acknowledged before me this
2011, byE. B. Simmonds
of E. B. Simmonds Electrical,
corporation, on behalf of the corporation.
known to me) OR has produced
as identification and did (di~ not)
28 day of
I as
Inc. I a
He/she is
""\
My Commission Expires: 06/08/2012
Name: Nyla Dawn Elman
(Legibly Prinled)
~.,.y Pc, Notary Public State of Florida
~~~ Nyla Dawn Elman
~ ~ My Commission 00795867
~"t 'of Expires 06/08/2012
OFf" . .
'(AFFIX OFFICIAL SEAL)
Notary Public, Stale of: Florida
Commission No.: DD795867
43
Conslrut;lion Services Agreement: Revised 6/1/2011
_,_,___,~_'__"_"'''''''-__''_'''~_''__'_H'''''_ _____.
ATTEST:
SURETY:
Lexon Insurance Company
(Printed Name)
900 S Fro~tage Rd.. #250
Woodridge, IL 60517
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
~
G
---
lr,(,-"';
Helen Nadirsha
As Attorney in Fact
(Attach Power of Attorney)
Ted Sherman
(Printed Name)
6160 N CiDPJn Ave.. #610
Chicaqo,. IL 60646
(Business Address)
773-736-2320
(Telephone Number)
STATE OF IL
COUNTY OF Cook
The foregoing instrument was Elcknowledged before me [his. 26th day of
Sept. , 2011, by Ted Shennan ,as Attorney-in-Fact
of Ie.xon Insurance CanpanY J a '. .'. .' C.orj;Drate Surety, on
behalf of Surety. He/She is personally known to me OR has produced
Illinois Driver's LicenSe as identification and who did (did no t ke an oath.
")
My Commission Expires:
Karen N Ge.noff
(AFFIX OFFICIAL SEAL)
Notary Public, Slate of:
Commission No..:
IL
297992
OFFICIAL SEAL
. KAREN N. GENOFF
NOTARY PUBLIC - STATE OF IWNQIS
MY COMMISSION EXP.IRES APRilS. 2014
44
ConSlruc:lion Service~ Agreement: Revised 6/1/2011
POWER OFATTORNEY
Lexon Insurance Company
LX- 094772
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
Ted Sherman, Craig Sherman, Judy Blaige, Karen Genoff *******
*********************************************************************************************
its true and lawful Attorney(s}-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond at undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its Pr~~ident, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
BY
GJ~~
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
~~-~~
~ Maureen K. Aye
Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force. ' -
Signed and Sealed at Lombard, Illinois this
26th
Day of
Sept.
,2011
(1,Jj f) ~
Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or ~ther J;'ers~n, files ~n application for Insurance ~r
statement of claim containing any materially false information, or conceals for the purpose of mIsleading, information concerning any fact maten-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
LXi
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 deductibles 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 deductibles and provide satisfactory evidence of financial responsibility for
such obligations. All self-insured retentions or deductibles will be Vendor's sole
responsibility.
Coverageill 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.
45
Construction Services Agreement: Revised 6/1/2011
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to
the County of policy cancellation or non-renewal on the part of the insurance carrier or
the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by 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.
46
Construction Services Agreement: Revised 6/1/2011
1. Worker's
Compensation
2. [gI Employer's Liability
3. [gI Commercial General
Liability (Occurrence
Form) patterned after the
current ISO form
4. [gIlndemnification
4. [gI Automobile Liability
Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$2,000.000 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.
$ 1.000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. 0 Other insurance as 0 Watercraft
noted:
6. 0 Bid bond
$
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
o 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.
o Pollution
$
$
Per Occurrence
Per Occurrence
o Professional'Liability $
· $ 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
Per Occurrence
o Project Professional Liability
o Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
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
47
Construction Services Agreement: Revised 6/1/2011
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. r;gj 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.
8. r;gj 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. r;gj Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. r;gj The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
11. r;gj 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
48
Construction Services Agreement: Revised 6/1/2011
~
ACORD-
CERTIFICATE OF LIABILITY INSURANCE
9 21 2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INsURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s .
PRODUCER
Gulfshore Insurance, Inc.
4100 Goodlette Rd N
Naples FL 34103-3303
INSURED
NAICII
EBSIM
E. B. Simmonds Electrical, Inc.
3750 Enterprise Avenue, #300
Naples FL 34104
INSURER A :Am
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
m
COVERAGES
CERTIFICATE NUMBER: 104784384
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR I (.:g)-Jg~ I/~gTJg~\ LIMITS
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER
A GENERAL LIABILITY L2052102020010 /30/2011 /30/2012 EACH OCCURRENCE $1,000,000
"--- ~~~~~~;9E~~~~~ence\
X OMMERCIAL GENERAL LIABILITY $300,000
- CLAIMS-MADE ~ OCCUR
- MED EXP (Anyone person) $10,000
- PERSONAL & ADV INJURY $1,000,000
- GENERAL AGGREGATE $2,000,000
~'L AGGR~E LIMIT APFlS PER: PRODUCTS - COMP/OP AGG $2,000,000
POLICY X ~bWr LOC $
A AUTOMOBILE LIABILITY CA20520980201 /30/2011 /30/2012 Ea accident $1,000,000
-
X ANY AUTO BODILY INJURY (Per person) $
f..- ALL OWNED - SCHEDULED
BODILY INJURY (Per accident) $
f..- AUTOS - AUTOS
X X NON-DWNED fp~~~&'~d~t?AMAGE $
~ HIRED AUTOS - AUTOS
$
A X UMBRELLA L1AB H OCCUR CU20521030401 ~/30/2011 /30/2012 EACH OCCURRENCE $2000000
I--
EXCESS LIAB CLAIMS-MADE AGGREGATE $2000000
OED I X I RETENTION $ 0 $
A WORKERS COMPENSATION C2075563 /1/2011 /1/2012 X I WC STATU-I IOJ,tl-
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $500,000
OFFICERlMEMBER EXCLUDED? Y
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under $500,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate Holder is named as Additional Insured on a primary & non-contributory basis with respects to
General Liability only as needed by contract per CG7048 0304, which includes Waiver of Subrogation per
CG7049 0905. Includes ongoing and completed operations. Additional Insured and Waiver of Subrogation in
favor of the Certificate Holder with respects to Automobile Liability per form CA7171 0508. Waiver of
Subrogation under Workers Compensation in favor of Certificate Holder as needed by contract per WCOO0313
0484. The Umbrella extends the limits of the General Liability, Automobile Liability, and Employers
See Attached. . .
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners
3299 Tamiami Trail East AUTHORIZED REPRESENTATIVE
Naples FL 34112-5746 /lJ7. ~ 'l7~~
I
ACORD 25 (2010/05)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
~
ACORD.
~
AGENCY CUSTOMER 10: EBSIM
LOC#:
ADDITIONAL REMARKS SCHEDULE
Page L- of ~
AGENCY NAMED INSURED
Gulfshore Insurance, Inc. E. B. Simmonds Electrical, Inc.
3750 Enterprise Avenue, #300
POLICY NUMBER Naples FL 34104
CARRIER I NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Liabili ty.
Project: Collier County 11-5747 NCRWTP Main Electrical Switchgear Replacement
ACORD 101 (2008/01)
@ 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
.0
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 also an additional insured.
.() (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds.
(c) A limited Iiabillty 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 if so required
in the written contract or agreement.
Ongoing operations, as respects this provision, does nofapply 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
\
}
CG 70 48 03 04
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2003
Page 1 of 2
(2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by
0",... any person or organization other than another contractor or subcontractor engaged in performing
l.__ . operations for a principal as a part of the same project.
2. The limits of insurance applicable 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 limits 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
termination 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, shafI
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 ~ "~@fi_9?1te gfinsurance 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.
Dc-;.
;,
~
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
CG 20 10 11 85
The insurance provided to the additional 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 services.
Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
the additional insured whether primary, excess, contingent, or on any other basis unless the written contract,
agre~ment, ~r certificate of insurance requires that this insurance be primary, in which case this insurance will
be prrmary Without contribution from such other insurance available to the adaitional insured.
. ."
. I
. ._.l
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc. 2003
CG 70 48 03 04
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR. RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
n Any person or organization required by written contract or certificate of insurance."
"This endorsement is not applicable in California, Kentucky, New Hampshire,
New Jersey, Texas and Utah. n .
"This endorsement does not apply to policies in Missouri where the employer is in the construction
group of code classifications. According to Section 287.15016) of the Missouri Statues, a
contractual provision purporting to waive subrogation rights is against public policy and void where
one party to the contract is an employer in the construction group of code classifications. .
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The intonmation below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No,
Insured Premium $
Insurance Company
Countersigned by
WC 00 03 13
(Ed. 4-84)
Copyright 1983 National Council on Compensation Insurance.
Hart Form$ & Stlrvicas
Reorder No. 14-48e8
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS, provisions 1. through 7. of this endorsement amend the policy as follows:
1. LIQUOR LIABILITY
Exclusion c. Liquor Liability is deleted.
2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT
Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to
"Bodily injury" if sustained within a building that is or was at any time owned or occupied by or rented or loaned
to any insured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the building.
3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID
CREW)
Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not 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 that you do not own that is:
(a) Hired;
(b) Rented; or
(c) Loaned to you;
with paid crew for a period of five (5) consecutive days or less.
Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage"
liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other
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 to Property:
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you
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 elevators; or
2. Liability assumed under a sidetrack agreement.
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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 not being used to perform operations.
B. With respect to anyone borrowed equipment item, provision 6.A. above does not apply to "property
damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate.
7. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall
expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does
not apply to "product recall expenses" resulting from:
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval;
4. Redistribution or replacement of "your product", which has been recalled, by like products or
su bstitutes;
5. Caprice or whim of the insured;
6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception
of this insurance;
7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing
materials;
8. Recall of "your product(s)" that have no known or suspected defect solely because a known or
suspected defect in another of "your product(s)" has been found.
B. Under SECTION III - LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8. is added:
3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of:
a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
because of "bodily injury" and "property damage" included in the "products-completed operations
hazard" and
b. "Product recall expenses".
8. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses"
arising out of the same defect or deficiency.
The insurance afforded by provisions 1. through 7. of this endorsement is excess over any valid and collectible
insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION
IV., paragraph 4. Other 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 B, paragraphs 1.b. and 1.d. are
deleted and replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
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10. BROADENED WHO IS AN INSURED
SECTION II - WHO IS AN INSURED is deleted and replaced with the following:
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of
which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses
are also insureds, but only with respect to the conduct of your business.
c. A limited liability company, you are an insured. Your members are also insureds, but only with
respect to the conduct of your business. Your managers are insureds, but only with respect to their
duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured.
Your "executive officers" and directors are insureds, but only with respect to their duties as your
officers or directors. Your stockholders are also insureds, but only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your
"employees," other than either your "executive officers," (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. However, none of these "employees" or "volunteer workers"
are insured for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your
members (if you are a limited liability company), to a co-"employee" while in the course of
his or her employment or performing duties related to the conduct of your business, or to
your other "volunteer workers" while performing duties related to the conduct of your
business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as
a consequence of paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraphs (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services
except as provided in provision 11. of this endorsement.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or control of, or over which physical control is being
exercised for any purpose by
you, any of your "employees," "volunteer workers", any partner or member (if you are a
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as
your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only;
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
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d. Your legal representative if you die, but only with respect to duties as such. That representative will
have all your rights and duties under this Coverage Form.
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this
policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
f. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work
contract" that such person or organization be made an insured under this policy. However, such
person or organization shall be an insured only with respect to covered "bodily injury," "property
damage," and "personal and advertising injury" that results from "your work" under that "work
contract." The coverage afforded to such people or organization will continue only for a period of thirty
(30) days after the effective date of the applicable "work contract" or, until the end of the policy term,
whichever is earlier. However, if you report to us within the 3D-day period stated above the name of
the person or organization, as well as the nature of the "work contract" involved, the coverage
afforded under this Coverage Form to such people or organization shall continue until the expiration
of this policy. This paragraph f. does not apply if form CG 70 48, Contractors Blanket Additional
Insured Endorsement, is attached to the policy.
g. Any person or organization to whom you are obligated by virtue of a written contract to provide
insurance such as is afforded by this policy, but only with respect to liability arising out of the
maintenance or use of that part of any premises leased to 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" that takes place after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such person or organization.
h. Any state or political subdivision but only as respects legal liability incurred by the state or political
subdivision solely because it has issued a permit with respect to operations performed by you or on
your behalf.
However, no state or political subdivision is an insured with respect to:
(1) "Bodily injury", "property damage", and "personal and advertising injury" arising out of operations
performed for the state or municipality; or
(2) "Bodily injury" or "property damage" inciuded within the "products-completed operations hazard."
I. Any person or organization who is the lessor of equipment leased to you to whom you are obligated
by virtue of a written contact to provide insurance such as is afforded by this policy, but only with
respect to their liability arising out of the maintenance, operation or use by you of such equipment.
However, no such person or organization is an insured with respect to any "occurrence" that takes
place after the equipment lease expires.
j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of
your premises or "your work."
However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property
damage," or "personal and advertising injury" arising out of the rendering of or the failure to render
any professional services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specification; or
(2) Supervisory, inspection, or engineering services.
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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 available to that organization. However:
a. Coverage under this provision is afforded until the end of the policy period.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
or formed the organization.
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed, 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 con.duct of any current or past partnership,
joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
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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 11I- 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 apply 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 I - COVERAGE A, paragraph 2. Exclusions;
2. SECTION IV, paragraph 4.b. Excess Insurance.
B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the
same event, whether such damage results from a "specific peril" or any combination of "specific perils."
C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE,
paragraph 6., is replaced by a new limit, which is the greater of:
1. $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
"employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members,
"executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
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(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 "occurrence" may be a
liability claim rather than a workers compensation claim.
f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that
may result in "product recall expense":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of "your product" and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could be
a cause of loss under the insurance.
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 knowledge 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 following:
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 Declarations written notice of the nonrenewal not less than 60 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
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19. MOBILE EQUIPMENT REDEFINED
Under SECTION V. DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-
propelled vehicles of less than 1,000 pounds gross vehicle weight.
20. LIMITED ELECTRONIC DATA LIABILITY
A. The following paragraph is added to SECTION III - 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. only, SECTION V - DEFINITIONS, paragraph 17. "Property Damage" is replaced by
the following:
17. "Property damage" means:
a. Physical injury to tangible property, including all resulting 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". Loss of "electronic data" means loss of, loss of use of, damage to,
corruption of, inability to access, or inability to properly manipulate "electronic data", resulting
from physical 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 "personal and advertising injury," including "personal and advertising injury"
offenses that take place through the Internet or similar electronic means of communication provided the
insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V - DEFINITIONS is amended by the addition of the following definitions:
"Covered recall" means a recall made necessary because you or a government body has determined that
a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has
resulted or will result in "bodily injury" or "property damage".
"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 floppy 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 withdrawal of "your product" for:
a. Telephone and telegraphic communication, radio or television announcements, computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcements and postage or facsimiles;
c. Remuneration paid to regular employees for necessary overtime or authorized travel expense;
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
f. Packaging of or transportation or shipping of defective products to the location you designate; and
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g. Disposal of "your products" that cannot be reused. Disposal expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process such
product; and
(2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary
to avoid "bodily injury" or "property damage".
"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.
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THIS ENDORSEMENT CHANGES THE POLICV. PLEASE READ IT CAREFULL V.
FLORIDA ADVANTAGE
COMMERCIAL'AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement . .
The premium for this endorsement is $ $350.00
1, EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS - CANCELLATION, Paragraph A.2. is replaced by the following:
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation
at least: .
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or
b. 60 days before the effective date of cancellation if we cancel for any other reason.
2. BROADFORMINSURED
SECTION II . LIABILITY COVERAGE A.1. WHO IS AN INSU~ED is amended by the addition of the following:
d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company. and over which you maintain ownership or a majority interest. will qualify as a Named Insured.
However, .
(1) Coverage under this provision is afforded only until the end of the policy period;
(2) Coverage does not apply to "acddents" or "loss" that occurred before you acquired or formed the
organization; and
(3) Coverage does not apply to an organization that is an "insured" under. any other policy or would be an
"insured" but for its termination or the exhausting of its limit of insurance.
e. Any "employee" of yours using:
(1) A covered "auto" you do not own, hire or borrow. or a covered "auto" not owned by the "employee" or
a member of his or her household. while performing duties related to the conduct of your business or
your personal affairs; or
(2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your
permission, while performing duties related to the conduct of your business. However, your
"employee" does not qualify as an insured under this paragraph (2) while using a covered "auto"
rented from you or from any member of the "employee's" household.
f. Your members, if yoU are a limited liability company. while using a covered "auto" you do not own. hire. or
borrow, while performing duties related .to the conduct of your business or your personal affairs.
g. Any person or organization with whom you agree in a written contract. written agreement or permit, to
provide insurance such as is afforded under this policy, but only with respect to your covered "autos".
This provision does not apply:
(1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury"
or "property damage";
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(2) To al'lY person or organization included as an insured by an endorsement or in the Declarations; or
(3) To any lessor of "autos" unless:
(a) The lease agreement requires you to provide direct p~imary insurance for the lessor;
(b) The "auto" is leased without a driver; and
(c) The lease had not expired.
Leased "autos" covered under this provision will be considered covered "autos" you own arid not covered
"autos" you hire.
h. Any legally incorporated organization or subSidiary in which you own more than 50% of the voting stock on
the effective date of this endorsement.
This provision does not apply to "bodily injury" or "property damage" for which an "insured" is also an
insured under any other automobile policy or would be an insured under such a policy. but for its
termination or the exhaustion of its limits of insurance. unless such policy was written to apply specifically
in excess of this policy.
3. COVERAGE EXTENSIONS - SUPPLEMENT ARY PAYMENTS
Under SECTION II - LIABILITY COVERAGE. A.2.a. Supplementary Payments. paragraphs (2) and (4) are
deleted and replaced with the following:
(2) Up to $2500 for the cost of bail bonds (including bonds for related traffic law violations) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the '1nsured" at our request. including actual/oss of earnings up to
$500 a day because of time off from work.
4. AMENDED FELLOW EMPLOYEE EXCLUSION
SECTION 11- LiABILITY COVERAGE. B. EXCLUSIONS, paragraph S. FELLOW EMPLOYEE is deleted and
replaced by the following:
"Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow
"employee's" employment or while performing duties related to the conduct of your business. However. this
exclusion does not apply to your "employees" that are officers or managers if the !'bodily injury" results from the
use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance.
S. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE
A. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE. the following is added:
If any of your owned covered "autos" are covered for Physical Damage. we will provide Physical Damage
coverage to "autos" that you or your "employees" hire or borrow. under your name or the "employee's"
name, for the purpose of doing your work. We will provide coverage equal to the broadest physical
damage coverage applicable to any covered "auto" shown in the Declarations. Item Three. Schedule of
Covered Autos You Own, or on any endorsements amending this schedule.
B. Under SECTION 11/ . PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b.
Loss of Use Expenses is deleted and replaced with the following:
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver. under a written rental
contract or agreement We will pay for loss of use expenses if caused by:
(1) Other than collision. only if the Declarations indicate that Comprehensive Coverage is provided
for any covered "auto";
(2) Specified Causes of Loss. only if the Declarations indicate that Specified Causes Of Loss
Coverage is provided for any covered "auto"; or
Includes copyrighted material of Insurance Services Office. Inc.
Page 2 of 6
CA 71 71 05 08
(3) Collision. only if the Declarations indicate that Collision Coverage is provided for any covered
"auto",
However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of
$2,000. ...
C. Under SECTION IV - BUSINESS AUTO CONDITIONS. paragraph S.b. Other Insurance is deleted and
replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1. Any covered "auto" you lease, hire. rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in that individual
"employee's" name, with your permission. while performing duties related to the conduct of your
business.
However, any "auto" that is leased, hired. rented or borrowed with a driver is not a covered "auto", nor
is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if
you are a limited liability company), or members of their households.
6. LOAN OR LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE. A. COVERAGE, the following is added:
If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it. we. will pay, in the
event of a covered total "'oss", any unpaid amount due on the lease or loan for a covered "auto", less:
(a) The amount paid under the Physical Damage Coverage Section of the policy; and
(b) Any:
(1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue
payments at the time of the "loss";
(2) Finandal penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage; .
(3) Costs for extended warranties, Credit Life Insurance. Health, Accident or Disability Insurance
purchased with the loan or lease;
(4) Security deposits not refunded by a lessor; and
(5) Carry-over balances from previous loans or leases.
7. RENTAL REIMBURSEMENT
SECTION III - PH'(SICAL DAMAGE COVERAGE, A. COVERAGE, paragraph 4. Coverage Extensions is
deleted and replaced by the following:
4. Coverage Extensions
(a) We will pay up to $75 per day to a maximum of $2000 for transportation expense incurred by you
because of covered "loss", We will pay only for those covered "autos" for which you carry Collision
Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay
for transportation expenses incurred during the period beginning 24 hours after the covered "loss"
and ending. regardless of the policy's expiration, when the covered "auto" is returned to use or we
pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a'
covered "auto". No deductibles apply to this coverage.
(b) This coverage does not apply while there is a spare or reserve "auto" available to you for your
operation.
Includes copyrighted material of Insurance Services Office, Inc.
CA 717105 08
Page 3 of 6
8. AIRBAG COVERAGE
SECTION III - PHYSICAL DAMAGE. B. EXCLUSIONS. Paragraph 3. is deleted and replaced by the following:
We will not pay for "loss" caused by or resulting from any of the following unless caused by other "\oss" that is
covered by this insurance:
a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include
the discharge of an .airbag.
b. Blowouts. punctures or other road damage to tires.
9. GLASS REPAIR. WAIVER OF DEDUCTIBLE
SECTION 11/ - PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following:
No deductible applies to glass damage.
10. COLLISION COVERAGE - WAIVER OF DEDVCTIBlE
SECTION 11I- PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following:
When there is a '10ss" to your covered "auto" insured for Collision Coverage, no deductible will apply if the
"loss. was caused by a collision with another "auto" insured by us.
, 1. KNOWLEDGE OF ACCIDENT
SECTION IV. BUSINESS AUTO CONDITIONS, A. LOSS CONDITIONS. 2. DUTIES IN THE EVENT OF
ACCIDENT. CLAIM, SUIT OR lOSS, paragraph a. is deleted and replaced by the following:
a. You must see to it that we are notified as soon as practicable of an "acddent". claim, "suit" or "loss".
Knowledge of an "accident". claim. "suif' or "loss" by your "employees" shall not, in itself. constitute
knowledge to you unless one of your partners, executive officers, directors. managers. or members (if you .
are a limited liability company) has knowledge of the "accident". claim. "suit" or "loss". Notice should
include:
(1) How. w/:len and where the "accident" or "loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible. the names and addresses of any injured persons and witnesses.
12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION)
SECTION IV - BUSINESS AUTO CONDITIONS A.S. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US is deleted and replaced by the following:
If any person or organization to or for whom we make payment under this Coverage Form has rights to recover
damages from another. those rights are transferred to us. That person or organization must do everything
necessary to secure our rights and must do nothing after "acddent" or aloss" to impair them. However. if the
insured has waived rights to recover through a written contract. or if your work was commenced under a letter
of intent or work order. subject to a subsequent reduction in writing with customers whose customary contracts
require a waiver, we waive any right of recovery we may have under this Coverage Form.
13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION N - BUSINESS AUTO CONDITIONS. B. GENERAL CONDITIONS, 2. CONCEALMENT,
MISREPRESENTATION OR FRAUD is amended by the addition of the following:
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing
as of the inception date of this policy. You must report to us any knowledge of an error or omission in your
representations as soon as practicable after its discovery. This provision does not affect our right to collect
additional premium or exerdse our right of cancellation or non-renewal.
lndudes copyrighted material of Insurance Services Office. Inc.
Page 4 of 6
CA 71 71 OS 08
14. AUDIO. VISUA.L AND DATA ELECTRONIC EQUIPMENT COVERA.GE
SCHEDULE
Description of Covered "Auto":
Limit of Insurance
$500
Deductible
$250
A. Coverage
1. We will pay. with respect to a covered "auto" described in the above Schedule, for "loss" to any
electronic equipment that receives or transmits audio. visual or data signals and that is not designed
solely for the reproduction of sound. This coverage applies only if the equipment is permanently
installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing
unIt that is permanently installed in the covered "auto" at the time of "loss", and such equipment is
designed to be solely operated by use of the power from the "auto's" electrical system. in or upon the
covered "auto".
2. We will pay, with respect toa covered "auto" described in the above Schedule, for "loss" to any
accessories used with the electronic equipment described in paragraph A.1. above. However, this
does not include tapes. records or discs.
B. Exclusions
For purposes of this provision 14, the exclusions that apply to Physical Damage Coverage, except for the
exclusion relating to Audio. Visual and Data Electronic Equipment. also apply to coverage provided by this
endorsement. In addition, the following exclusions apply:
We will not pay. under this endorsement, for either any electronic equipment or accessories used with
such electronic equipment that is:
1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"
operating system; or
2. Both:
a. An integral part of the same unit housing any sound reproducing equipment designed solely for
the reproduction of sound jf the sound reprOducing equipment is permanently installed in the
covered "auto"; and
b. Permanently installed in the opening of the dash or console normally used by the manufacturer
for the installation of a radio.
3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or
a jamming apparatus intended to elude or disrupt speed measurement equipment, whether
permanently installed or temporarily mounted in or on the covered "auto".
C. limit of Insurance
With respect to coverage under provision 14. of this endorsement, the Limit of Insurance provision of
Physical Damage Coverage is replaced by the following:
,. The most we will pay for aU "loss" to audio. visual or data electronic equipment and any accessories
used with this equipment, as described in paragraph A. above, as a result of anyone "accidenr, is
the lesser of:
a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or
b. The cost of repairing or replacing the damaged or stolen property with other property of like kind
and quality; or .
c. The amount shown in the Schedule.
Includes copyrighted material of Insurance Services Office. Inc.
CA 71 71 05 08
Page 5 of 6
2. An adjustment for depreciation and physical condition will be made in determining actual cash value
at the time of the "loss".
3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of
betterment
O. Deductible
1. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment. as
described in paragraph A. above, is the result of a "loss" to the covered "auto" under this Coverage
Form's Comprehensive or Collision Coverage. then for each covered "auto" our obligation to pay for,
repair. return or replace damaged or stolen property will be reduced by the applicable deductible
shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does
not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning.
2. If "loss" to the audio. visual or data electronic equipment or accessories used with this equipment, as
described in paragraph A. above, is the result of a "loss" to the covered "auto" under this Coverage
Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for.
repair, return or replace damag.ed or stolen property will be reduced by the applicable deductible
shown in the Schedule of this endorsement.
3. If "loss" occurs solely to the audio. visual or data electronic equipment or accessories used with this
equipment, as described in paragraph A. above. then for each covered "auto~ our obligation to pay
for. repair. return or replace damaged or stolen property will be reduced by the applicable deductible
shown in the Schedule of this endorsement.
4. In the event that there is more than one applicable deductible. only the highest deductible will apply.
In no event will more than one deductible apply.
E. When This Provision Becomes Void
This provision. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE. is void if CA 99
60. Audio. Visual And Data Electronic Equipment Coverage. is attached to the policy.
Includes copyrighted material of Insurance Services Office. Inc.
Page 6of6
CA 71 71 05 08
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 Collier County,
Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated
, 2011 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 all demands or suits, actions, claims of liens or other charges filed or asserted
against the Owner arising out of the performance by Contractor of the Work covered by this Release and
Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No. _'
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2011,
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)
49
Construction Services Agreement: Revised 6/1/2011
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
50
Construction Services Agreement: Revised 6/1/2011
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
FROM:
(Contractor's Representative) Payment Application No. _
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Total Earned Less Retainage $
%Less previous payment (s) $
% AMOUNT DUE THIS
APPLICATION: $
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) title to all materials
and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment
will pass to OWNER at time of payment free and clear of all liens, claims, security interests and
encumbrances' (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid
for work which previous payments were issued and received from the OWNER and that current payment
is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly
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 Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
51
Construction Services Agreement: Revised 6/1/2011
By OWNER'S Project Manager:
(Signature ) DATE:
(Type Name and Title)
52
Construction Services Agreement: Revised 6/1/2011
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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
Numbe~ )
Cost Center:
Object Code:
Project
57
Construction Services Agreement: Revised 6/1/2011
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
canv-accupy 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 declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
59
Construction Services Agreement: Revised 6/1/2011
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
,2011
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2011
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2011
OWNER
By:
Type Name and Title
60
Construction Services Agreement: Revised 6/1/2011
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2011
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 Completion Time as set forth in the Agreement:
Actual Final 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. Operating 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 N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
61
Construction Services Agreement: Revised 6/1/2011
By Desig n
Professional:
By Owner:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
62
Construction Services Agreement: Revised 6/1/2011
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:
those affecting transportation, access, disposal, handling and storage of materials;
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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.
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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 Sid 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.
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4.3 Contractor shall submit all Applications for Payment to Don Williams, RKS
Engineers, located at 15400 Shamrock Drive, Ft. Myers, FL 33912.
4.4 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.
4.5 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 reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall 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 throughout 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.
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4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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.
4.10 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
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:
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(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.
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 rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the contractor has not satisfied nor
made arrangement to satisfy these debts, the County reserves the right to off-set the
amount owed to the County by applying the amount owed to the vendor or contractor for
services performed of for materials delivered in association with a contract.
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 arising out of this 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.
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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
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.
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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.
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;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being 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.
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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
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
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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.
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
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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
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. No markup shall be placed on sales tax, shipping or subcontractor
markup.
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
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(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
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, fitting 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.
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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
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.
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"?-- .
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.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services.
Exceptions to the program:
. Commodity based procurement where no services are provided.
. Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendors/bidders proposal.
Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Purchasing Department an executed
affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the
solicitation documents. If the BidderNendor does not comply with providina both the
acceptable E-Verifv evidence and the executed affidavit the bidder's I vendor's proposal
may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.Qov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seQ. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidavit shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
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.
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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
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
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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)
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 therefore 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.
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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
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 consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
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writing giVing the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
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
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be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's 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 approveq 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.
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22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work 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 conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been 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.
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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
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 decrease 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
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the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit 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.B, 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
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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 r~sponse to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
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.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or 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 on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
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;
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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.
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 ("MOT") policy will be enforced under this Contract.
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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
Award.
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
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
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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
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 Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. 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
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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
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.
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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
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
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
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
I nspection 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
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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, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all
employees that shall provide services to the County under this Agreement. This may
include, but not be limited to, checking federal, state and local law enforcement records,
including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
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. ABOVEGROUNWUNDERGROUNDTANKS
An underground 62-761, Florida Administrative Code (F.A.C.) 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
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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,
F.A.C. 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.
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.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
CONSUL TANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached at mediation to OWNER'S
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
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.
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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 VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
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These questions must be fully and accurately filled out and will be used to evaluate and
award this bid. Failure to fully fill out each line will be considered non-responsive and
could result in bid rejection and will be considered non-responsive.
1. Has your firm in the past 10 years installed 3000amp or greater, 480V-3phase
Drawout switchgear? If so, what project, where and for whom (with their contact
information)? This will become your firms list of references. YES
Collier County Public Utilities
Project: CCPU SCWRF Caterpillar Redundant Generator
Engineer: RKS Consulting Engineers
Contract Amount: $467,859.00
Dates: start: September 2007 - completed: August 2008
Contact: Frank Inzano, P. E. Collier County Public Utilities Engineering Dept
Phone: (239) 732-2597 or (239) 591-0186
Scope of Work: Furnish and install bulkheads and camlocks for emergency power hook-up
generator hook-up
2. Has your firm ever worked in a water treatment plant on a project in excess of
$1,000,000 in the state of Florida? If so, what project where and for whom (with
their contact information)? YES
Collier County Public Utilities Engineering Department
Contact: Frank Inzano, P. E. / Phone: (239) 732-2597
Project Name: Reuse System Telemetry
RF Communications Improvements
Dates: completed: 9/2005
Scope of work: Add telemetry to 7 sites including towers, bases, antenna, RF filters, cabinet
modifications and installation
Project value: $2,000,000.00
3. Has your firm ever worked in Collier County for the Public Utilities Division? If so,
what project, where and for whom (with their contact information)? YES See
above and reference list
4. Has your firm ever been in litigation, mediation, or arbitration with respect to
installing water treatment equipment in the past ten years? If so, describe. NO
5. Has your firm ever been assessed liquidated damages for being late on a water
treatme t equipment installation project in the past ten years? If so, describe. NO
Auaust 10,2011
Date
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EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.netlbid/
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EXHIBIT K: PERMITS
Supporting documents found at: http://bid.colliergov.netlbidJ
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EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http://bid.colliergov.netlbid/
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EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bid.colliergov.netlbid/
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EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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