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Agenda 02/26/2013 Item #11H2/26/2013 1I.H. EXECUTIVE SUMMARY Recommendation to award bid number 13 -6026, "NCRWTP Membrane Replacement and Inter - stage Booster Project," to Poole and Kent Company of Florida in the amount of $1,564,000, and to authorize a budget amendment in the amount of $300,000 for Project Number 71057. OBJECTIVE: To maintain Reverse Osmosis (RO) water production demand and quality standards, and reduce plant energy consumption at the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATIONS: On June 24, 2008, Agenda Item l OG; the Board of County Commissioners (Board) adopted the 2008 Water Master Plan Update that identified requirements for the Reverse Osmosis Treatment Units Replacement and Inter -Stage Booster Pump Project. The proposed scope of work is consistent with the 2008 Water Master Plan Update, Project 71057 "NCRWTP Reverse Osmosis Treatment Units Replacement and Installation of Inter -Stage Booster Pump," Section 8, Table 8 -2, page 3 of 5, lines 99 and 109 . The project is consistent with the 2010 Water CIP Update, page 2 of 4, line 67, as identified in the 2011 User Fee Rate Study. RO membrane filters typically have a useful life of 10 years. The current membranes are 13 years old and now generate an increased pressure drop across the membranes that can be overcome only by running the existing feed pumps at higher pressure, resulting in increased energy consumption. Concurrent with replacing the 1,584 RO membrane filter elements used to treat brackish Lower Hawthorne raw water, this project will also install interstage booster pumps designed to reduce plant energy consumption. Because booster pumps were not compatible with the existing membranes, it was important to execute these two projects at the same time. Miscellaneous piping, valves, actuators, sensors, and appurtenances that have reached the end of their useful life will also be replaced. Bid number 13 -6026 was advertised on December 7, 2012: 1,375 notices were sent and 72 prospective bidders downloaded full packages. On January 16, 2013, the five sealed bids received for the construction of this project were opened. The bids are summarized below. VENDOR BID Poole & Kent Company of Florida $1,564,000 Douglas N. Higgins, Inc. $1,797,000 Westco Builders of Florida $1,925,000 Mitchell Stark Co. Inc. $2,015,437 Haskins, Inc. $2,134,000 Staff and the local project design engineer, HDR Engineering, Inc., determined that the lowest bid is fair and reasonable, and recommend awarding the contract to Poole & Kent Company of Florida. The bid is approximately 18 percent below the design engineer's opinion of cost of $1,917,500. The Purchasing Department concluded that bidding was competitive, and representative of market conditions. The bid tabulation, chart, engineer's letter of recommendation, and contract are attached (Attachments 1, 2, 3 and 4, respectively). Packet Page -505- 2/26/2013 11. H. The bid specifications informed the bidders there might be unforeseen conditions associated with the project. The project cost incorporates an allowance of $50,000 which includes, but is not limited to, additional piping and appurtenance replacement, as determined by staff, which may be required during construction. The price for any additional work shall be negotiated prior to commencement in accordance with the County's Purchasing Policy and the terms of the agreement. FISCAL IMPACT: Funding is available and is consistent with the FY2013 Capital Budget approved by the Board on September 20, 2012. The source of funding is Water User Fees (412), and a budget amendment is required from Project 70030, in the amount of $300,000. The above project is expected to be completed February 2014. When the project is completed, the operating budget impact for the installation of the interstage booster pumps is reflected in the table below. The operating budget impacted funding source will be Water User Fees. Elements FY2013 FY2014 – FY2034 Capital Outlay* $1,564,000 0 Cost Savin s ** 0 $48,194 + 2.4 % * ** *Capital outlay reflects the total project cost inclusive of removal of existing and installation of new RO membrane elements, installation of new interstage booster pumps with associated piping, valves, and controls, and replacement of existing piping and appurtenances that have reached the end of their useful life * *Cost savings reflects electrical power savings attributable to the installation of the interstage boosters * * *CPI inflation rate (3 year average) It is estimated that by installing the new interstage boosters, a reduction in horsepower will be realized by the existing feed pumps. By reducing feed pressure to the RO trains from the existing 260 psi to the estimated 175 psi, a reduction of 113 horsepower per feed pump is estimated. The interstage booster pumps are estimated to have a 20 year service life. Using today's dollars, based upon a 25% annual use factor, 8 cents per kilowatt-hour energy cost, the annual operational cost savings is estimated to be $48,194. This equates to an estimated present worth value of $827,425 annualized over 20 years at a 1.5% discount rate (per the design consultant's preliminary design report). As water demand increases in future years, increased power savings will be realized. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, (a) award Contract 13 -6026 to Poole & Kent Packet Page -506- 2/26/2013 11. H. Company of Florida in the amount of $1,564,000, which includes an allowance of $50,000, for the NCRWTP Membrane Replacement and Inter -stage Booster Project; (b) authorize the Chairwoman to sign and execute the attached agreement after final review and approval by the County Attorney's Office; and , (c) authorize the necessary budget amendment to transfer funds in the amount of $300,000 from 70030 SRO Wellfield Transmission Main Repair Project to 71057 NCRWTP Membrane Replacement and Interstage Booster Project. Prepared By: Tom Sivert, PE, Senior Project Manager, Public Utilities Planning & Project Management Attachments: Attachment 1 Bid Tabulation Attachment 2 Standard Deviation Chart Attachment 3 Recommendation Letter Attachment 4 Contract Packet Page -507- 2/26/2013 11.H. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.H. Item Summary: Recommendation to award bid number 13 -6026, "NCRWTP Membrane Replacement and Inter -stage Booster Project," to Poole and Kent Company of Florida in the amount of $1,564,000, and to authorize a budget amendment in the amount of $300,000 for Project Number 71057. (Tom Chmelik, Planning & Project Management Director) Meeting Date: 2/26/2013 Prepared By Name: SivertTom Title: VALUE MISSING 2/1/2013 11:50:40 AM Submitted by Title: VALUE MISSING Name: SivertTom 2/1/2013 11:50:42 AM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 2/4/2013 3:45:18 PM Name: Howard Brogdan Title: Supervisor - Laboratory,Water Date: 2/5/2013 7:58:25 AM Name: Paul Mattausch Title: Director - Water,Water Date: 2/5/2013 9:31:29 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 2/7/2013 10:24:15 AM Packet Page -508- 2/26/2013 11. H. Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities F Date: 2/7/2013 4:50:00 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 2/7/2013 5:27:49 PM Name: Pam Libby Title: Manager - Operations - Water /WW,Water Date: 2/8/2013 8:18:15 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engine Date: 2/8/2013 9:17:35 AM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 2/8/2013 10:55:58 AM Name: Susan Jacobs 10 Title: Operations Analyst, Public Utilities Date: 2/8/2013 5:33:08 PM Name: Susan Jacobs Title: Operations Analyst, Public Utilities Date: 2/8/2013 6:10:09 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 2/12/2013 11:28:12 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 2/14/2013 6:05:44 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/15/2013 4:59:51 PM Name: KlatzkowJeff Title: County Attorney Date: 2/19/2013 9:57:40 AM Packet Page -509- Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/19/2013 10:54:08 AM Name: OchsLeo Title: County Manager Date: 2/19/2013 5:13:45 PM Packet Page -510- 2/26/2013 11. 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H. February 4, 2013 Mr. Thomas A. Sivert, P.E. Senior Project Manager Collier County Public Utilities 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Re: Recommendation of Award — Poole and Kent Company of Florida Bid No. 13 -6026, NCRWTP Membrane Replacement and Inter -stage Booster Project, Dear Mr. Sivert: Five bids were received on January 16, 2013 for the referenced project. Poole and Kent Company of Florida was the apparent low bidder with a Total Lump Sum Bid amount of $1,564,000. The bids received ranged from the low bid of $1,564,000 to a high bid of $2,134,000. The Engineer's Estimate of $1,917,500, made in November 2012, falls within the bids received. After reviewing its business address, Poole and Kent Company of Florida does not meet the County's Local Business Status requirements. The other bidders do meet the Local Business Status requirements. The second apparent low bidder, Douglas N. Higgins, Inc., submitted a bid of $1,797,000 which is about 15% above the apparent low bidder. Therefore, the Local Business Status differential requirement is met. For experience, Poole and Kent Company of Florida has completed a major project for the County at the South County Regional Water Treatment Plant in 2008. We contacted Peter Schalt, the County's Project Manager, who reported they performed well and provided quality work. Based on our review of the bids and accompanying information along with a basic knowledge of this Bidder's qualifications, we recommend that the construction contract for the referenced project be awarded to the apparent qualified low bidder, Poole and Kent Company of Florida, in the amount of $1,564,000. If you have any questions, please contact us. Sincerely, HDR Engineering, Inc. Steven Project Manager CC: File HDR Engineering. Inc. Packet Page -513- 2621 Cattlemen Road, Phone: 941.342.2700 Suite 400 Fax: 941- 342 -6589 Sarasota, FL 34232 www.hdrine.com 2/26/2013 11.H. 4_ Aclm�ist+e Purcha$il NCRWTP Membrane Replacement and Inter -stage Booster Project COLLIER COUNTY BID NO. 13 -6026 COLLIER COUNTY, FLORIDA Scott D. Johnson, Procurement Strategist Email: scottjohnson @colliergov.net Telephone: (239) 252 - 8995 FAX: (239) 252 - 6588 Design Professional: HDR, Inc Pm-Av" Dep3rpnert • °32,, Tarniara Tral East • Naples, Florida 34112.4901 - www.collicgov.reVPurcf -KV 1 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -514- 2/26/2013 11. H. TABLE OF CONTENTS PUBLICNOTICE .......................................................................................... ..............................3 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................5 CONSTRUCTION BID ................................................................................. .............................14 BIDSCHEDULE .......................................................................................... .............................15 MATERIAL MANUFACTURERS ................................................................. ......:......................16 LIST OF MAJOR SUBCONTRACTORS ..................................................... .............................17 STATEMENT OF EXPERIENCE OF BIDDER ............................................. .............................18 TRENCHSAFETY ACT .................. ............................... ............... ............................... ...19 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS .............. .............................20 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................21 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ..................................................... 22 BIDBOND ...........................:....................................................................... .............................27 BIDDERSCHECK LIST .............................................................................. .............................30 CONSTRUCTION AGREEMENT ................................................................ .............................31 EXHIBIT A: PUBLIC PAYMENT BOND ...................................................... .............................38 EXHIBIT A: PUBLIC PERFORMANCE BOND ............................................ .............................41 EXHIBIT B: INSURANCE REQUIREMENTS .............................................. .............................45 INSURANCE AND BONDING REQUIREMENTS ........................................ .............................47 EXHIBIT C:RELEASE AND AFFIDAVIT FORM .......................................... .............................49 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................50 EXHIBITE: CHANGE ORDER .................................................................... .............................55 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................57 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................... .............................59 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................. .............................61 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ........................ .............................93 EXHIBIT J: TECHNICAL SPECIFICATIONS .............................................. .............................94 EXHIBITK: PERMITS ................................................................................. .............................95 EXHIBITL: STANDARD DETAILS ............................................................. .............................96 EXHIBIT M: PLANS AND SPECIFICATIONS ............................................. .............................97 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............98 2_ Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -515- 2/26/2013 11.H. shtiw�e Puy PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA NCRWTP Membrane Replacement and Inter -stage Booster Project COUNTY BID NO. 13 -6026 Separate sealed bids for the construction of NCRWTP Membrane Replacement and Inter -stage Booster Project, addressed to Ms. Joanne Markiewicz, Interim 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 9th day of January 2013, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 141th day of December 2012, 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 coil ierg ov. net\bid. All questions will be answered in the OnLine Bidding System. The Engineer's Estimate for this project is $1,900,000.00 Dollars. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, NCRWTP Membrane Replacement and Inter -stage Booster Project Bid No. 13 -6026 and Bid Date of January 9, 2013 ". 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.colliergov.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 3 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -516- 2/26/2013 11.H. Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds -must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within three hundred thirty (330) 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 7th day of December, 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director 4 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -517- 2/26/2013 11. H . 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 5 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -518- 2/26/2013 11. H. 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 five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right 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. 6 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -519- 2/26/2013 11.H. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name. and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations. or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -520- 2/26/2013 11.H. 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. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non- responsive or irregular if such materials are not specifically named.by Bidder. 8 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -521- 2/26/2013 11. H. 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 Pricing: 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 Purchasing Agent 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 s Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -522- 2/26/2013 11. H . 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.colliergov.net/Index.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. 12.5 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.org /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 10 Construction Services Agreement for Public utilities: Revised Oa/15/2012 Packet Page -523- 2/26/2013 11. H. percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder 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. 11 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -524- 2/26/2013 11. H . Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these 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. 12 Construction Services Agreement for Public Utilities: Revised 08/152012 Packet Page -525- 2/26/2013 11. H. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Lobbying. 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 project 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 closing 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." 13 Construction Services Agreement for Public Utilities: Revised 0x/15/2012 Packet Page -526- 2/26/2013 11. H. ORIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NCRWTP Membrane Replacement and Inter -stage Booster Project BID NO. 13 -6026 Full Name of Bidder Poole & Kent Company of Florida Main Business Address 1781 NW North River Drive, Miami, FL 33125 Place of Business Miami, Florida Telephone No. 305- 325 -1930 Fax No. 305 - 324 -0522 State Contractor's License # CGC061808 State of Florida Certificate of Authority Document Number F04000003751 Federal Tax Identification Number 75- 3163466 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. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 14 construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -527- 2/26/2013 11.H. BID SCHEDULE NCRWTP Membrane Replacement and Inter -stage Booster Project Bid No. 13 -6026 15 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -528- t � # N umber , q = D' rip #ion NI v } g . d,'. i t4�`3 � 'OiM f e • rrn C - `� i k "Al x �M 1 Membrane Replacements 1 LS $250,000.00 2 Furnish and Install Energy Recovery Devices (ERD) 1 LS $200,000.00 3 Feed Piping Replacement 1 LS $175,000.00 4 Intersta a Piping Replacement 1 LS $350,000.00 5 Concentrate Piping Replacement 1 LS $175,000.00 6 Permeate Piping Replacement 1 LS $125,000.00 Replacement of Valves, Actuators and Miscellaneous 7 Process Instruments 1 LS $239,000.00 8 Allowance 1 LS $50,000.00 15 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -528- 2/26/2013 11. H. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Poole & Kent Company of Florida bate., : 13 1 16 Patrick H. Carr, Pre ident & CEO Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: EXCEPTION MANUFACTURER Signature: 'Date-: 16 Construction Services Agreement for Public Utilities: Revised 08!15!2012 Packet Page -529- 2/26/2013 11. H . 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 : Subcontractor and Address Work 1. Electrical es- K 2. Mechanical Cwt 3. Plumbing 4. Site Work SAR Company: Poole & Kent Company. of 'Florida Signature: _Date: 1 Patrick H Carr, .President -& CEO L6/13 17 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -530- 2/26/2013 11.H. 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 attached 2. 3. H 5. 1.1 Dated 1/16/2013 Poole & Kent Company of Florida Bidder Patric �Carr, resi dent & ZEO 18 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -531- 2/26/2013 11. H. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F•SY) oo 2. 3. 4. 5. TOTAL $ J-/Oo Failure to complete the above may result in the Bid being declared non - responsive. Dated 1/16/2013 _Poole & Kent Company of Florida Bidder BY: Patrick H. Carr, President & CEO 19 Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -532- 2/26/2013 11.H. coin C01 y AdmnsbdpA serum Dion Pnc AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS SOLICITATION #:13 -6026 (CHECK APPROPRIATE BOXES BELOW) State of Florida (Select County if Vendor is described as a Local Business ® Collier County X❑ 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 ❑ Lee County: 2006 Number of Employees (including Owner(s) or Corporate Officers): 128 Total employed in collier /Lee since 2006 73 Total resided in Number of Employees Living in ® Collier County or ® Lee (Including Owner(s) or Corporate Officers): o otalLee since n 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: Poole & Kent Company of Florida Date: 1/16/2013 Collier or Le ntyAddress: 1000 Fleischmann Blvd. , Naples, FL 34102 Signature: �,._ —, a � —� Title: President & CEO Patrick H. Carr STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY wom to and Subscribed Before Me, a Notary Public, for the above State and County, on this 16th Day of Mar, 0 13 i n ez Notary Pub My Commission Expires: 10/31/2016 AFFIX OFFICIAL SEAL) •:iw.Nk CHRISIUMF3M 20 MY COA ISSION ae l 213380 Construction Services Agreement for Public Utildies: Revised 0811 512 01 2 t; p� (� af pp��E��X��PIRES•.. O.ct�o��byee�r 311,, 2D116 Tft Packet Page -533- 2/26/2013 11. H . y ad irAW " SWvU s Doman R=:,WV Immigration Law Affidavit Certification Solicitation: 13 -6026 NCRWTP Membrane Replacement and Inter -stage Booster Project 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 / 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- Verify Prouram may 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 Poole & Kent Company of Florida Print Name Patrick H. Carr Title President & CEO Signature rP� Date January 9, 2013 State of Florida County of Miami -Dade The foregoing instrument was signed and acknowledged before me this 16 th day of January 20 1� by Patrick H. Carr who has produced as identification. O"rintorpe ame) (Type of Identification and Number) btary Public Signature Christine Mendez Printed Name of Notary Public EE 213393 10/31/2016 Notary Commission Number /Expiration •»••,,, CH�N�I�IB�OEZ W COM1111110M t EE 213383 i D R MGCWW 31, 2016 �?- Baided�lltE PubMc Unde�wrMen Na„h lien' 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. 21 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -534- 2/26/2013 11.H. A COM"V ,4drrir.strabue seN;oes t>�ia, 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 (as shown on income tax return) Business Name Poole & Kent Company of Florida (if different from taxpayer name) Address 1781 NW North River Drive City Miami State Florida Zip 33125 Telephone 305 - 325 -1930 FAX 305 - 324 -0522 Email patc @pkflorida.com Order Information Remit I Payment Information Address Address City State Zip City State Zip FAX FAX f Email Email 2. Company Status (check only one) Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disre arded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 7 5- 316 3 4 6 6 (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 Certification: Under penalties of perjury, / certify that the information shown on this form is correct to my knowledge. Signature Date January 16 , 2 013 Patrick H. Carr Title President & CEO Phone Number 305 - 325 -1930 22 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -535- 2/26/2013 11. H. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred seventy (270) 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 sixty (60) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Miami -Dade Patrick H. Carr, President & CEO 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. Patrick H. Carr, President & CEO , 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. 23 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -536- 2/26/2013 11. H. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Delaware I which operates under the legal name of Poole & Kent Company of Florida and the full names of its officers are as follows: President See attached Secretary Treasurer Manager The President & CEO, Patrick H. Carr, is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken December 13, 2012 , a certified copy 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 Construction Services Agreement for Packet Page -537- 2/26/2013 11. H. The Bidder is an individual whose full name is and if operating under a trade name, said trade name is 25 Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -538- 2/26/2013 11. H. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED January 16, 2013 Witness r I`t �- Witn�s STATE OF Florida COUNTY OF Miami -Dade Poole & Kent Company of Florida legal entity BY: Patrick H. Carr e of Bidder (Typed) Signature President & CEO Title The foregoing instrument was acknowledged before me this 16thday of January_, 2013 , by Patrick H. Carr , as President & CEO of Poole & Kent Company of Florida a Delaware corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification a (did not) take an oath. My Commission Expires: Ll (Signature of Nota IdY SON I� NAME: EXPIRES: October 31,2016 pr ty Banded Thin Notary Public Ur worritam (AFFIX OFFICIAL SEAL) Christine Mendez (Legibly Printed) Notary Public, State of Florida Commission No.: EE 213393 26 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -539- 2/26/2013 11. H. BID BOND KNOW ALL MEN BY THESE PRESENTS, that We Poole & Kent Company of Florida 1781 N. W. North River Drive, Miami, FL 33125 (herein after called the Principal) and Travelers Casualty and Surety Company 'of America, One Tower Square, Hartford, CT 06183 , (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners Collier County (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5% of Amt. Bid ) 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 NCRWTP Membrane Replacement and Inter -stage Booster Project Bid No. 13 -6026 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 specked 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 fumished 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 $2-v/,, o eAmt R me Amount aid 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 27 construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -540- IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 3rd day of January , 20 13 . P & Kent Com an of Florida Principal BY (Seal) Patrick H. Carr, President & CEO Travelers Casualty and Surety Company of America Surety BY (Seal) ita Sagista o, Alto ey -In -Fact, Non Resident License #P026098 Countersigned NIA Local Resident Producing Agent for N/A 29 Construction Servim Agreement for Public Utilities: Revised 08M 512012 Packet Page -541- POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 2/26/2013 11. H. .A► POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company .� Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225023 Certificate No. 005208210 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Camille Maitland, George O. Brewster, Colette R. Chisholm, Virginia M. Lovett, and Vincent A. Walsh of the City of Garden City , State of New York , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their-corporate seals to be hereto affixed, this ay of September 2012 25th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company pA51i� t \RE A AM DNS � \NSUq J•�1Y ANO ,1GWItry ,fdtY••� �Y � (1 I � � IoRPO.Rq >�1P YQr itANP -N4ff P e i O a �y . �`' r� A`SANGfC' vl...._ ;ja_ •Y •__.. � +a `a N+° MN State of Connecticut City of Hartford ss. By: d4�6e Robert L. Raney, enior Vice President On this the 25th day of September 2012 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. jito�)� In Witness W hereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER ( PaCket Page - 542- 'ITHOUTTHE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 2/26/2013 11. H. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casuany t.ompany, rraeury and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixedjIfy facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys- in- Fact `for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of January 2013 l�i✓f ( . Kevin E. Hughes, Assistant Secifftary �pA0Vg1j VF\PF 6 C��" IMSGN Jp�.\NSVgq� ','tYAMD.4 ��\/0Mry} �Y�ki °r#' "6 0 1M17RaaC® � ..�'�4} �£ORV ^ReiF�� Q °�oRRrf..ei� ` ''•. � � � COs ��S �.QS1 �:SEALi'o v:SBlLL:�1: oOF � � iy � pd VSANCf 1S � 7.1r1 fp. P rl �,� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Packet Page - 543- 'ITHOUTTHE RED BORDER 2/26/2013 11.H. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CT. 06183 ATTORNEY -IN -FACT JUSTIFICATION Florida PRINCIPAL'S ACKNOWLEDGMENT — IF A CORPORATION State oMX9(k, County of Miami —Dade } ss. On this 16th da of January 13 appeared H. Carr Y 26 before me personally n eared , to the known, who, being by me duly swum, de s and says: That he/she resides in the City of Miami thathe/she is the President & CFO of Poole & Kent Coinpany of Flori4alhC corporation described in and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name t o y e order. �2 PRINCIPAL'S ACKNOWLEDGMENT— IF INDIVIDUAL OR FIRM Patrick H. Carr Slate of New York, County of ) u• On this day of '20 , before me personally appeared to me known to be (the individual) (one of the firm of ) described in and who executed the within instrument, and he/she thereupon duly acknowledged to me that he/she executed the some (as the act and deed of said firm). SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Nassau } as. On this 3rd ,ay of January 20 13 , before the personally appeared Rita Sagistano to me known, who, being by rue duly sworn, did depose and say: That he/she resides in the City of Nassau County, NY that he/she is Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said Company; that the seat affixed to said Instrument is such corporate seat; and that he/she signed said instrument as Attorney -in -Fact by authority of the Board of Directors of said Company; and affiant did further depose and any that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1919, constituting chapter 28 of the Consolidating Laws of the State of New York as the Insurance Law as amended, issued to TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA his/her certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, recognizance, guaranties, and other obligations required or permitted by law; and that such certificate has not been revoked. Notary Public TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA NOTARY tsUBilC STATE OF IrOilf YON Hartford, Connecticut 06183 (ONGS COtINiY LAC. #01MA8006044 FINANCIAL STATEMENT AS OF DECEMBER 31, 2011 COMM. EXP,APFAL20 2014 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK $ 6,480,000 ASSETS LIABILITIES CASH AND INVESTED CASH S 103,657,622 BONDS 3,526,992354 INVESTMENT INCOME DUE AND ACCRUED 49,234,241 OTHER INVESTED ASSETS 249,171,807 PREMIUM BALANCES 239,276,662 NET DEFERRED TAX ASSET 67,832,057 REINSURANCE RECOVERABLE 10,983,463 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 7,344,085 UNDISTRIBUTED PAYMENTS 25931967 OTHER ASSETS 351,289 TOTAL ASSETS S 4.258.44 ' UNEARNED PREMIUMS S 813,326,906 LOSSES 937,681,730 REINSURANCE PAYABLE ON PAID LOSSES a LOSS ADJ. EXPENSES 2,004,752 LOSS ADJUSTMENT EXPENSES 525,085,953 COMMISSIONS 30,856,891 TAXES, LICENSES AND FEES 60276.105 OTHER EXPENSES 29,81[6,813 FUNDS HELD UNDER REINSURANCE TREATIES 98,031,418 CURRENT FEDERAL AND FOREIGN INCOME TAXES 49,086.527 REMITTANCES AND ITEMS NOT ALLOCATED 181611,351 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 311880,277 RETROACTIVE REINSURANCE RESERVE ASSUMED 3,152708 POLICYHOLDER DIVIDENDS 81117,549 PROVISION FOR REINSURANCE 6,397,371 PAYABLE TO PARENT, SUBSIDIARIES AND AFFILIATES 53,766.800 PAYABLE FOR SECURITIES 1,249,903 PAYABLE FOR SECURITIES LENDING 7,344,088 CEDED REINSURANCE NET PREMIUMS PAYABLE (71,042,044) ESCHEAT LIABILITY 591,943 OTHER ACCRUED EXPENSES AND LIABILITIES 601,836 TOTAL LIABILITIES 5 2,804,372.252 CAPITAL STOCK S 61480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,211,781,508 TOTAL SURPLUS TO POLICYHOLDERS S 1,652,075,288 TOTAL LIABILITIES 6 SURPLUS S 4.256A47XM Securities carried at $7,783,110 in ft above statement are deposited with public authorities, as required by law Packet Page -544- BUSINESS CONTACT INFORMATION Poole & Kent Company of Florida (Firm's Complete Legal Name) Main Business Contact Name Patrick H. Carr Title President & CEO 2/26/2013 11.H. 1781 NW North River Drive (Address) Miami, FL 33125 (City, State, ZIP) Phone No. 305 - 325 -1930 FAX No. 305 - 324 -0522 Email address: patc@pktioricLa.com ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name Title Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) Contact Name Title (Address) (City, State, ZIP) Phone No. FAX No. Email address: (Address) (City, State, ZIP) Phone No. FAX No. Email Address: 2s construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -545- 2/26/2013 11.H. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed. 8. Certificate of Authority to Conduct Business in State of Florida. 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: raBid Number; 13 -6026 <* Project Name; NCRWTP Membrane Replacement and Inter -stage Booster Project aOpening Date. January 9, 2013 13. The Bid will be mailed or delivered in time to be received no later than the specified opening 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 Poole & Kent Company of Florida �Na_m_e_., Q Signature & Title Patrick H. Carr, President & CEC DATE: January 16, 2013 30 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -546- 2/26/2013 11. H. CERTIFICATE OF SECRETARY OF POOLE & KENT COMPANY OF FLORIDA The undersigned, Mark M. Porto, Secretary, certifies that he is the duly elected, qualified and acting Secretary of Poole & Kent Company of Florida, a corporation duly organized and existing under the laws of Delaware with a business address of 1781 N. W. North River Drive, Miami, FL 33125 and that as Secretary, he is the keeper of the corporate records and seal of said Corporation. The undersigned further certifies: Attached hereto as Exhibit A is a true, correct and complete copy of resolutions adopted upon written consent of the sole director of this Corporation dated as of December 13, 2012; and said resolutions do not contravene any provision of the certificate of incorporation or by -laws of said Corporation, and have not been rescinded or modified in any respect but still remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of December, 2012. Mark M. Porto, Secretary Poole & Kent Company of Florida, a Delaware Corporation, 1781 N. W. North River Drive, Miami, FL 33125 Packet Page -547- 2/26/2013 11. H. EXHIBIT A RESOLVED, that Patrick H. Carr the duly elected President and Chief Executive Officer, David A. Strickland the duly elected Vice President and Assistant Secretary and Charles K. Neese, the duly elected Vice President and Assistant Secretary of the Company, be and each hereby are, authorized, empowered and directed to execute and submit a bid to Collier County, Florida for the NCRWTP Membrane Replacement and Inter -stage Booster Project, Bid No. 13 -6026 together with contracts and such other instruments in writing as may be necessary on behalf of the said Corporation; and that such documents shall be binding upon the corporation as its own acts and deeds. Packet Page -548- G , EXHIBIT A RESOLVED, that Patrick H. Carr the duly elected President and Chief Executive Officer, David A. Strickland the duly elected Vice President and Assistant Secretary and Charles K. Neese, the duly elected Vice President and Assistant Secretary of the Company, be and each hereby are, authorized, empowered and directed to execute and submit a bid to Collier County, Florida for the NCRWTP Membrane Replacement and Inter -stage Booster Project, Bid No. 13 -6026 together with contracts and such other instruments in writing as may be necessary on behalf of the said Corporation; and that such documents shall be binding upon the corporation as its own acts and deeds. Packet Page -548- 2/26/2013 11. H. State of Florida Department of State I certify from the records of this office that POOLE & KENT COMPANY OF FLORIDA is a corporation organized under the laws of Delaware, authorized to transact business in the State of Florida, qualified on July 1, 2004. The document number of this corporation is F04000003751. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on April 23, 2012, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Eighth day of June, 2012 VZOV4 . Secretary of State Authentication ID: 800236929838- 062812- F04000003751 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:// efile .sunbiz.org /certauthver.htmi Packet Page -549- ,&—_ p 2/26/2013 11. H. Contractors An EMCOR Company CURRENT LICENSES Expiration date: August 31, 2014 AC# 617356-3 $T►TEF fL'ORIDA j DEPARTMENT "Or BUSINESS. AND PR0FRSS 0NAL RBGULIATION CONSTRUCTION INDUSTRY LICEN�ING BOARD SEQ#L12062S0063-9 06/2S 2012 118 "811'121 ... CGCOS1808•'f ,Y x`" F I The GENERAL CONTRACTOR-; Named below IS CERTIFIED Under the provisions of Chapt l � , ( Expiration date: `AIIG 31, 2A1�4�� r I STRICKkAf T , DAVID COM AA POOLE ONF = 'FLORIN" 1781 NW NORTH RIVER DRIVE MIAMI FL 33125 i RICK SCOTT SRN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW AC# 6178575 STATE of FLORIDA DEPARTMENT OF 8IISSRS38 �� PROFSSSI4NAL REGIILATIDN C1 07 INDUSTRY LICENSING 8( RD SEW L120625001 . - - NBR,.txs .: 06 2012 Ill 82 11121 CMC05192" r *" The MECIiANICAL CONTRACTOR Named below IS CERTIFIED'' r Under the provisions of Cbiapt� �$ Expiration date: AUG 31, 2014,i- 71 ' R' STRICKLAND, DAVID ALAN 1 F POOLE & KENT COMPANY OF FLDRIJ 1781 NN NORTH RIVER DRIVE # i MIAMI FL 33125 t RICK SCO SECRETARY DISPLAY AS REQUIRED BY LAW AC# 617 3 4 9 3 STATE of f Df VPA • " E DEPARTMENT OF" RQSIfESS AND, PROFXSSIONAL 'REGULATION CONSTRU TO, INDUSTRY LICENSING BOARD SEL12062500569 '1 VECENS1 NBR.:k" f 06 25 2012,.118211121 iCF65.1i, ti,: The PLUMBING "CONTRACTOR Named below IS CERTIFIED" Under the provisions of Chapter, Expiration date: AUG 31, 2014' STRICKLAND, DAVID ALAN i, POOLE & KENT COMPANY OF FLORil°�� 1781 NK NORTH RIVER DRIVE MIAMI, FL 331 5' bs 3 • ' i RICK SCOTT KEN LAWSON I GOVERNOR SECRETARY i DISPLAY AS REQUIRED BY LAW Poole & Kent Company of Florida 1781 N.W. North River Drive, Miami, FL 33125 Phone: Packet Page -550- 24-01522 2/26/2013 11.H. Contractors An EMCOR Company AC# 617 3 6.30 STAB OF'fCCiRIDA DEPARTMENT D_BpSiQESB AND PROFESSIONAL REGili.ATIDN ELECT :�i. ONTRACTORS LICBbTSING BO11RD 525 0070 06 25 2012: 11821]:121 361300293 A = - ! The . ELECTRICAL CONTYiACTOR ^ x ?Y' Named below IS CERTIFIED.. f . Under the provisions of ChaPt m Expiration date: AUG 31, 2014��»x; STRICKLANDr DAVID`AN .AL .,.. ' POOLE & RENT COMPANY OF FLDttz4, 1781 NW NORTH RIVER DFL 33125' i RICK SCOTT 88C LLAMSON RT GOVERNOR I DISPLAY AS REQUIRED BY LAW AC # 617 3 5 9 4 STATE OF FLORIDA DEPARTMENT OF BUS2NESS AND FR4FSSS=ONAL REGULATION, CONSTRIICTION INDUSTRY LICENSING BOARD SEty12062500670 ,a LIOENSB NBR ... a V •.,. 06 -25, 2)12 11821i121 CUC.122377 r,?.r ; , The UNDERGROUND UTILITY & ERCAI*.'" Named below I9 CERTIFIED Under the provisions of Ghagte Expiration date: AUG 31, 2014 STRICKLAND, DAVID ALAN POOLE & KENT COMPANY OF 'FlbAI 1781 NW NORTH RIVER 'DR" c MIAMI FL 33125 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW AC# 6173599 STATE of FLORIDA DBPARTMNSTRIICTI NEI II3TRYRLIC s G BOARI T 1;12062500675 Ub1 L7 2U•1L. .L'LgA.Lt1LJ, i The POLLUTANT.. STORAGE SYSTEMS ' i Named below IS CERTIFIED under the provisions of Chapter Expiration date: AUG 81, 2014 0�'" STRICKLAND, DAVID ALA1J POOLE & KENT COMPANY OF FLORIN �" i 1781 NW NORTH RIVER`DR ' MIAMI FL 33125 i RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW Poole & Kent Company d Florida 1781 N.W. North River Drive, Miami, FL 33125 Phone' Packet Page -551- 24.0522 2/26/2013 11. H. CITY OF 9A � 4 ��OR10' City of Cape Coral Certificate of Competency 10804 Date Issued: 09/07/2012 GENERAL "A" STRICKLAND DAVID - CGC POOLE & KENT COMP OF FL Expiration Date: 09/30/2013 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral - -1015 Cultural Park Blvd — Cape Coral Florida 33990 -- (239) 574 -0430 This Certificate expires September 30, 2013 Visit Our Website at www.capworal.net Certificate #: 10804 Location: 1781 NW NORTH RIVER DR Business Phone: (305) 325 -1930 State License: CGCO61808 STRICKLAND DAVID - CGC POOLE & KENT COMP OF FL 1781 NW NORTH RIVER DRIVE MIAMI. FL 33125 Packet Page -552- Classification: CERTIFIED GENERAL "A" Date Issued: 09 /07/2012 Amount: $ 10.00 2/26/2013 11.H. CITY OF A O � 4 ° "' ' City of Cape Coral ' `e4'� Certificate of Competency 10803 Date Issued: 09/07/2012 MECHANICAL STRICKLAND DAVID - CMC POOLE & KENT COMP OF FL Expiration Date: 09/30/2013 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral --1015 Cultural Park Blvd -- Cape Coral Florida 33990 — (239) 5740430 This Certificate expires September 30, 2013 Visit Our Website at www.capmomi.net Certificate #: 10803 Location: 1781 NW NORTH RIVER DR CITY O F Classification: Business Phone: (305) 325 -1930 CERTIFIED State License: CMC057192 �► �� MECHANICAL 94 � 4 STRICKLAND DAVID - CMC POOLE & KENT COMP OF FL Date Issued: 09/0712012 1781 NW NORTH RIVER DRIVE Amount: $ 10.00 MIAMI, FL 33125 Packet Page -553- 2/26/2013 11.H. CITY OR O � P � 4 O' City of Cape Coral F"IF Certificate of Competency 10802 Date Issued: 09 /07/2012 PLUMBING STRICKLAND DAVID - CFC POOLE & KENT COMP OF FL Expiration Date: 09 /30/2013 Detach and post bottom portion CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral - -1015 Cultural Park BIvd — Cape Coral Florida 33990 -- (239) 574 -0430 This Certificate expires September 30, 2013 Visit Our Website at www.capecorW.net Certificate ##: 10802 Location: 1781 NW NORTH RIVER DR CITY O R Classification: Business Phone: (305) 325 -1930 CERTIFIED State License: CFC057380 O ,R PLUMBING O 4 STRICKLAND DAVID - CFC 1 (onto, POOLE & KENT COMP OF FL Date Issued: 09/07/2012 1781 NW NORTH RIVER DRIVE Amount: $ 10.00 MIAMI. FL 33125 Packet Page -554- CITY OF v 9 'O �Q. O � 4 Detach and post bottom portion 2/26/2013 11.H. City of Cape Coral E ;•! Certificate of Competency 12194 Date Issued: 09/0712012 POLLU STOR SYSTEMS ` STRICKLAND DAVID - PCC i POOLE & KENT COMP OF FL THE Expiration Date: 09/30/2013 CITY OF CAPE CORAL CERTIFICATE OF COMPETENCY City of Cape Coral -- 1015 Cultural Park Blvd -- Cape Coral Florida 33990 -- (239) 574 -0430 This Certificate expires September 30, 2013 Visit Our Website at www.capmoral.net Certificate #: 12194 Location: 1781 NW NORTH RIVER DR CITY OF Classification: Business Phone: (305) 325 -1930 CERTIFIED State License: PCC1256776 �+ �� POLLU STOR SYSTEMS 94 46 4 STRICKLAND DAVID - PCC POOLE & KENT COMP OF FL THE Date Issued: 09/07/2012 1781 NW NORTH RIVER DRIVE Amount: $ 10.00 MIAMI. FL 33125 Packet Page -555- Business License Application Status - CityView Portal Links Home Property Search Address Growth Management Division - Planning and Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone. (239) 252 -2400 Sion in / Reoister Portal Home Property Search -- - - 1 - C 1 2/26/2013 11.H. GMD Public Portal License Application Status — License Application Summary MARSH USA, INC.- NORWALK,CT Application Number: C28242 Business Name: POOLE & KENT COMPANY OF FLORIDA License Type: Contractor Application Status: Active Description of Business: All Certificates from CDPlus: 28238, 28240, 28242 Mailing Address: P. 0. BOX 420556 08/31/2012 (1781 NW North River Drive, Miami, FL 33125) City/State /Zip MIAMI FL 33242- Locations: 08/27/2012 — Issuances MARSH USA, INC.- NORWALK,CT Type: Type Date Issued Date Expires UNDERGROUND UTILITY & 08/27/2012 OB/31/2012 EXCAVATION STATE CERTIFIED Limit: $6,000,000.00 POLLUTANT STORAGE CONTR. - 08/27/2012 08/31/2012 STATE CERTIFIED City/State /Zip ELECTRICAL CONTR.- CERTIFIED 08/27/2012 08/31/2012 GENERAL CONTR.-CERTIFIED 11/21/2005 08/31/2014 MECHANICAL CONTR.-CERTIFIED 11/21/2005 08/31/2014 PLUMBING CONTR.- CERTIFIED 11/21/2005 08/31/2014 — Reviews There are no reviews for this license application. — Insurance Producer: MARSH USA, INC.- NORWALK,CT Type: General Liability Policy Number: GL 2095788039 Effective Date: 10/01/2012 Expiration Date: 10/01/2013 Limit: $6,000,000.00 Address: 28242 Additional Address: City/State /Zip Expiration Processed: No Producer Phone Number: 2033396787 Producer: MARSH USA, INC.- NORWALK,CT Type: Worker's Compensation Policy Number: WC 2095787008 Effective Date: 10/01/2012 Expiration Date: 10/01/2013 Limit: 28240 Address: 28242 Additional Address: City /State /Zip Expiration Processed: No CityView Portal powered by MS Govern Packet Page -556 -1890 http:// apps2 .colliergov.net/PorW/License /S LaLUZI : 11VGimJ ,xu —i v Status Number Expired 201200001550 Expired 201200001551 Expired 201200001552 Active 28238 Active 28240 Active 28242 1/14/2013 2/26/2013 11. H. ..Oc«•,& LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2012-2013 Tax Co for - ACCOUNT NUMBER: 1202799 ACCOUNT EXPIRES SEPTEMBER 30, 2013 or rwep —. _ - -- ,— Location 1781 NW NORTH RIVER DR MIAMI FL 33125 POOLE & KENT COMPANY OF FLORIDA STRICKLAND DAVID A PO BOX 420558 MIAMI FL 33242.0558 CERTIFIED GENERAL CONTRACTOR Packet Page -557- THIS IS NOT A BILL - DO NOT PAY PAID 314553 -21 -1 OBM1/201211:33 SXP1 $50•D0 Untitled Page 2/26/2013 11. H. Home Vendor Evaluation Management o Vendor View Eval Below are RO Expansion to 20MGD, Phase 2 (Poole & Kent) Evaluation ID: 582 Evaluation Date Entered: 11/17/2008 Vendor: Poole & Kent PM: NA Project Tide SCRWTP RO Expansion to 20MGD, Phase 2 (Poole & Kent) Bid /Contract Number:05 -3879 Project Number: 70097 Work Order Nmbr. NA Project Status:** Pending ** County PM: Pete Schalt Primary Purpose: Utilities Other Purpose Water Plant Expansion Primary Component: Utilities Other Component: NI Amounts Original:$24,373,000.00 Current:$26,006,766.00 Final:$26,006,766.00 ( 7 - 20 = Below ; 21 -_28_ =.Meets; 29 - 35.= Exceeds ) Rating 31 Quality of Service Above Expectation Adherence To Schedule Above Average Cost Control Above Average Business Practice Above Expectation Personnel Performance Above Average Safety Above Average Overall Satisfaction Above Expectation County Project Manager Additional Comments 1: What specifically did you like about the firm's approach? Reply Well organized, understood scheduling and coordination —� —_ 2: What do you believe were shortcomings or that they could have done better? Reply Not Indicated 3: Did the firm meet the scheduled requirements? Reply Yes 4: How was the communication? Were you always kept in the loop? Reply Very good - always in the loop rc http:// apps2. colliergov. nettwebApps/ PurchasingBernie NendorNiewEvals.asPx 2/17/2009 Packet Page -558- Untitled Page 2/26/2013 11. H. 5: How responsive were they in addressing problems with the project? .Reply Very responsive, but lagged after the job completed; i.e., warranty claims 6: now was the quality /experience/personality of firms personnel? (specifically the project manager and/or superintendent) Reply Above Average -- -- __.�___ ��__---------------- _._.__ 7: How was the quality and performance of subcontractors? Reply Very good -- - -- -- Additional Comment httpJ /apps2.colliergov. net /webApps/ Purchasing tBernio /VendorNiewEvals -aspx Packet Page -559- 2/17/2009 I 2/26/2013 11. H. COLLIER COUNTY GOVERNMENT PUBLIC;WTILITIES ENGINEERING DEPARTMENT` 3301>TAMIAMI TRAIL EAST, BLDG "H" gAPLES, FLORIDA 34112 PHONE: (239) 774 -8836 FAX: (239) 530 -5378 TRANSMITTAL DATE: FEBRUARY 29i 2007 TO: PAT CARR, EXECUTIVE VP, POOLE AND KENT FROM: Phil Gramatges, P. E SUBJECT: Collier County Board Pr 5entation Transmitted herewith are the following items, ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Files Documents DVD COPIES DATE NO, DESCRIPTION 1 2/27/07 DVD of presentation to the BCC on 2/27/2007 These Are Transmitted As Checked Below: For approval ❑ Approved as submitted ❑ Resubmit ❑ Copies for Approval For your use ❑ Approved as noted As requested ❑ Returned for corrections ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ ❑ DUE ❑ Returned After Loan To Us �t a'tli►tV1cu'>I� Copy to: Packet Page -560- SOUTH COUNTY REGIONAL W.T.P. 2/26/2013 11. H. 12-MGD REVERSE OSMOSIS* Poole & Kent EXPANSION _ Contractors COLLIER COUNTY, FLORIDA An EMCOR Company The South County Regional Water Treatment Plant was originally built in 1984. The facility has undergone several expansions that have brought its current production to 32- million gallons of drinking water per day. Of these, 12 million are produced through lime softening water treatment and 20 million through reverse osmosis. The population in Collier County had drastically increased over a period of ten years and the growth projected to continue which produced tremendous stress on both water and wastewater infrastructure. Collier County needed to increase the capacity of its reverse osmosis (ROP) water treatment plant and upgrade the automation with electrical reliability at the existing (LSP) lime softening treatment plant to meet the County's demand. In November 2005, the County contracted Poole & Kent Company of Florida to do just that. Due to the critical nature of the ROP expansion phase, Poole & Kent Company of Florida built the six new RO skids on a fast -track basis. The company had all skids completed and in service within 14 months from the notice -to- proceed (NTP) date. The LSP expansion phase was completed within 20 months from NTP. Packet Page -561- a SOUTH COUNTY REGIONAL W.T.P. 2/26/2013 11.H. 12-MGD REVERSE OSMOSIS Poole & Kent EXPANSION Contractors COLLIER COUNTY, FLORIDA An EMCOR Company During construction, Poole & Kent's work included the following major elements: LSP Expansion: ♦ New chemical area electrical building #05 ♦ Replacement of existing degasifier system ♦ Filter area electrical /control modifications ♦ Electrical modifications to the electrical service building, including generator and MCC renovations ♦ ControVelectrical modifications to chemical building ♦ ControVelectrical modifications to sludge process building ROP Expansion: ♦ Six new high pressure 2 -mgd RO treatment skids ♦ Six new 400 - horsepower vertical turbine membrane feed pumps with variable frequency drives ♦ Six new membrane interstage turbo booster pumps ♦ Four new cartridge filters ♦ Six new degasifier systems and modifications to existing degasifier system ♦ Two new odor control systems ♦ New electrical service building ♦ Four new 400 - horsepower vertical turbine high - service pumps ♦ Electrical service upgrades to support the new skids including new generator, pump drives, switchgear and substation ♦ New finish water distribution piping and meter vault ♦ Upgrade to existing FPL plant power feed New standby generator #03 ♦ One new blend /transfer pump Poole & Kent Company of Flo • • r Drive- Miami, Florida 33125 SOUTH COUNTY REGIONAL W.T.P. 2/26/2013 11. H 12-MGD REVERSE OSMOSIS & Poole & Kent EXPANSION Contractors COLLIER COUNTY, FLORIDA An EMCOR Company Key Design Features of the Expansion: ♦ Six additional 2 -mgd membrane units, each designed to accommodate the potential for future increases in raw water salinity. ♦ Energy recovery turbo pumps for inter -stage booster pumping; utilizing excess concentrate disposal pressure to drive interstage pumping eliminates 450 hp of electrical energy demand. ♦ Two new 6 -mgd degasifiers for RO post- treatment (taste and odor control). ♦ Expansion of normal and emergency power supply systems. ♦ Bench and jar testing, to determine measures for optimizing blended finished water quality with blending of treated water from the existing lime softening system. Packet Page -563- 2/26/2013 11.H. SOUTHWEST „ r WATER RECLAMATION Poole &Kent ,. Contractors + -•- An EMCOR Company - -�� FACILITY EXPANSION CAPE CORAL, FLORIDA This project consisted of construction of expansion of the existing 6.1 million gallon per day (mgd) capacity water reclamation facility to a 15.1 mgd capacity under a "program- manager -at -risk" contract. Because Poole & Kent's contract scope did not include the electrical, instrumentation, and controls improvements for the project, Poole & Kent's responsibilities included extensive design - discipline cross - checking and coordination with other contractors working on site to ensure that construction proceeded smoothly. The project was delivered to the Owner on time and under budget. The project won the Design -Build Institute of America (DBIA) 2011 National Design -Build Award, while the overall FEP program, of which the project was a component, was awarded the Engineering News Record (ENR) Southeast Best of 2011 Project, under the category of Best Civil Works /infrastructure Project. 1781 N.W. ' orida 33125 SOUTHWEST WATER RECLAMATION FACILITY EXPANSION CAPE CORAL, FLORIDA 2/26/2013 11. H Poole & Kent Contractors An EMCOR Company Background In recent years, the City of Cape Coral has undergone rapid growth, experiencing a nearly 60% increase in population in the 1990s. This explosive growth has placed greatly increased demands on the City's water and wastewater infrastructure. In 2001, the City undertook the $873 million Facility and Utility Expansion Program (FEP) for the water, wastewater, and reclaimed water infrastructure, which included expansion of the City's Southwest Water Reclamation Facility (WRF) from a treatment capacity of 6.1 mgd (average daily flow, ADF) to an expanded capacity of 15.1 mgd. Expansions to the water and wastewater infrastructure were made under a "Program- Manager -At -Risk" contract format, with MWH Americas, Inc. (MWH) serving as the Program Manager. In December 2006, MWH selected the Poole & Kent Company of Florida for the largest portion of construction for the WRF. Poole & Kent was contracted directly with MWH for construction of all plant facilities with the exception of the electrical, instrumentation, and controls improvements. Proi ct Description The major treatment process components and improvements for the expanded facility include the following: Installation of new mechanical bar screens and screenings wash - presses at the existing headworks building. ♦ Installation of a new grit removal system consisting of grit chambers, grit pumps, grit separation, and dewatering equipment. ♦ Construction of a new biological odor control system for the plant headworks and grit removal system. ♦ Construction of 3 new aeration basins with integral flow splitting box, floating mixers, blowers, air diffuser system, sludge pumping, and scum removal system. ♦ Construction of 3 new secondary clarifiers with return activated sludge (RAS), waste activated sludge (WAS), and scum pump systems. ♦ Construction of 4 new tertiary filters. ♦ Construction of 2 new chlorine contact chambers and sodium hypochlorite storage and feed system. ♦ Construction of large blower building with (3) 450 hp blowers. Piping is 36" stainless steel and elevated in route to the new aeration basins. ♦ Construction of new plant drainage pumping station that is approximately 23" deep. 1781 N.W. 102,rida 33125 SOUTHWEST WATER RECLAMATION FACILITY EXPANSION CAPE CORAL, FLORIDA 2/26/2013 11.H. Poole & Kent Contractors An EMCOR Company ♦ Construction of three new electrical buildings which supplied power to the new facilities. ♦ Installation of new effluent transfer pumps, an effluent surge tank, and reclaimed water distribution pumps. Modifications to the existing headworks building and construction of a new grit building and generator /switchgear building. Modifications to existing generator building to accept new generators. Installed new 30,000 gallon diesel fuel storage system to supply fuel to the new generators and new 10,000 gallon diesel fuel storage system to supply fuel to the existing generators. Miscellaneous site work, yard piping, and ancillary systems. Due to the urgent need for the expanded treatment capacity, the project was completed under a very aggressive schedule. In addition, construction of the new facilities required extensive planning and coordination to maintain existing plant operations and minimize disruptions. Construction was completed in three phases over a 28 -month period and included a major tie-in at the existing headworks structure. As noted above, the plant was constructed under a program - manager -at -risk contract, with MWH serving as the program manager, and Poole and Kent contracted directly with MWH. The project won the Design -Build Institute of America (DBIA) 2011 National Design -Build Award. The overall FEP program was delivered ahead of schedule, with over $20 million in cost savings to the City. The program was awarded the Engineering News Record (ENR) Southeast Best of 2011 Project, under the category of Best Civil Works /Infrastructure Project. 1781 N.W. i I onda 33125 NORTH COUNTY WATER TREATMENT PLANT EXPANSION VERO BEACH, FLORIDA 2/26/2013 11. H. Poole & Kent Contractors An EMCOR Company Poole & Kent Company of Florida was contracted by Indian River County to expand the North County Water Treatment Plant, an existing 3 -mgd permeate capacity low pressure reverse osmosis (LPRO) membrane plant, to 12 -mgd (3 -mgd existing capacity and a 4.5 -mgd expansion in Base Bid with another 4.5 -mgd expansion in as an alternate bid item) permeate capacity plant with the ability to blend up to 5.14 -mgd (3.21 base bid /1.93 alternate Bid) of pretreated raw water, for a total production capacity of 17.14 -mgd (10.71 -mgd base bid /6.43 -mgd alternate bid) and a concentrate treatment system. Packet Page -567- M NORTH COUNTY WATER TREATMENT PLANT EXPANSION VERO BEACH, FLORIDA The major components of the work included the installation of the following: 2 vertical turbine high service pumps, 6 vertical turbine high pressure pumps, 3 vertical turbine transfer pumps, 10 cartridge filters, 6 new 2 -mgd skids, 12 chemical and plant air. 2/26/2013 11. H. Poole & Kent Contractors An EMCOR Company Indian Riper County Department of Utilities Services 1801 27ih Street,Vero Beach. FL 32960 3 I'chouury 26. 2(t(w> ! f �' r1.ontciP Mr. Stevcn Jordan 7 President 1'rxtle and Kent of Ploricla 1781 V.W. North River Drive Miami. PI 17125 Ar. Jordan I would like to take this opportunity ht express my appreciation for the excellent job that 1, * and Kett did on flit Indian River County expansion of the North Reverse Osmosis ptanl. Although, constniction pwietts have often been completed in accordance with Plans and budget, vet• fete call detnonslrtac the ability to deal with changing circumstances as Poole and Kent did with this project. From the very beginning, the prgjeci faced a ditanma ut having To begin the project with serious qucstwo related to file final conaruction permit. Your company was able to immediately work with the (otattY and the Consuhing Fngineer in order to establish a construction sequence that allow"" the project to move forward. The progress was timely and well coordinated. As the pm_ct continued. it was always both refreshing and surprising to see the continued rmfc,%sionillisto thtd was exhibited from the construction stall headetl by Stephen Polk. Powle and Kent's staff and Mn Polk established a working relationship with the Utility plant personnel in such away that it became difficult to see anything other than a mutual —Ject. As problem" ozcurred. Poole and Kent's staff was able to work, with the County's staff to develop asst cn cf resoduliuns. In conclusion, I would again like to express my appreciation for the work your company did and the professionalism that the} con,tantly exhibited will, 41211 and the atasttltant. Sincx:rely, S W. ErikOlson llirwor of Utility 5en4ces WE0 in 1781 N.W. , . .: orida 33125 TOWN OF JUPITER NANOFILTRATION PLANT JUPITER, FLORIDA 2/26/2013 11.H. Poole & Kent Contractors An EMCOR Company The Town of Jupiter owns and operates a 30 million gallon per day (mgd) capacity water treatment plant that serves Jupiter, Tequesta, and parts of unincorporated Palm Beach and Martin Counties. This plant utilizes three independent treatment processes. Prior to implementation of this project, the plant employed conventional lime softening, reverse osmosis (RO), and ion exchange to meet applicable drinking water standards and the Town's water quality goals. In 2008, the Town undertook a project to replace the aging lime softening process with a state -of- the -art nanofiltration membrane treatment process treating the surficial aquifer raw water supply. The upgraded treatment process will ensure continued compliance with the Disinfectant /Disinfection By- Product (D /DBP) Rule under recent amendments to the USEPA Safe Drinking Water Act by greatly improving the removal efficiency for naturally occurring dissolved organic materials over the old lime softening process. In addition, the upgraded membrane process provides a noticeable improvement in the clarity of the finished water by dramatically reducing color levels. Packet Page -569- TOWN OF JUPITER NANOFILTRATION PLANT JUPITER, FLORIDA In January 2008, Poole & Kent Company of Florida was awarded the contract for construction of the proposed treatment process upgrades. Improvements included under the project include the following components: ♦ Four 200 horsepower (Hp) raw water booster pumps equipped with variable frequency drives (VFDs). ♦ A granular multi -media raw water pretreatment pressure filter system consisting of three horizontal, dual -cell pressure filters with air -scour backwash. Each filter has a capacity of approximately 6.7 mgd. ♦ Five 200 Hp membrane feed pumps with VFDs. ♦ A 5- micron cartridge filtration system. A 14.5 mgd capacity NF process consisting of five 2.9 -mgd membrane skids in a 63:18 array. The membrane process is expandable to 17 mgd. Antiscalant and sulfuric acid storage and feed systems for chemical pretreatment of the membrane feedwater to prevent mineral scaling and fouling of the membranes. Three permeate degasifiers for removal of hydrogen sulfide gas from the membrane permeate. ♦ Two odor - control scrubbers for treatment of degasifier off -gas. ♦ Caustic (NaOH) and hypochlorite chemical storage and feed systems for pH adjustment and disinfection post- treatment of the membrane permeate. ♦ A finished water clearwell for post- treatment and transfer pumping system consisting of six VFD- driven 75 Hp vertical turbine pumps for pumping the finished water to the on -site storage tanks. ♦ Two 1,500 kW diesel engine powered emergency backup power generators to provide power to plant equipment in the event of a power outage. ♦ Pretreatment equipment is housed within a 2,480 square foot (sf) pretreatment building, while the membrane process is housed within the 28,300 sf membrane process building. ♦ Concentrate from the membrane process is recycled via irrigation reuse. 2/26/2013 11. H. Poole & Kent Contractors An EMCOR Company 1781 N.W. . . , rida 33125 The NF skids have a unique design, utilizing mid -span concentrate ports, with feedwater being introduced at both ends. While traditional membrane unit designs utilize a single feed port at one end of a seven - membrane element pressure vessel, with concentrate being withdrawn from a concentrate port at the opposite end of the vessel, the Jupiter system design introduces feedwater at both ends of a six - element vessel. Concentrate is then withdrawn from a port located at the mid -point of the pressure vessels. This cuts the total length of the flow path of the raw water in half, reducing the "parasitic pressure loss" that occurs as the feedwater flows across the membrane surface. This reduction in pressure loss results in a substantial reduction in the required feed pressure, thereby reducing pumping power and electrical costs. This center -port design is the first of its kind in the United States. TOWN OF .JUPITER NANOFILTRATION PLANT JUPITER, FLORIDA 2/26/2013 1 1.H. Poole & Kent Contractors An EMCOR Company In addition to the unique pressure vessel porting design, the membrane process incorporates membrane elements with a very high "mass transfer coefficient," which translates to more "bang for the buck" in terms of finished water production per unit of applied energy. These two design features combined achieves a reduction in power consumption of approximately 40% over traditional designs, resulting in a projected operating cost savings of approximately $250,000 annually for the Town of Jupiter. Poole & Kent was responsible for scheduling, coordination, procurement, and execution of all aspects of construction of the facilities and process equipment. In addition, Poole & Kent was responsible under the general construction contract for purchasing, receiving, and coordination of loading of the membrane elements, which were pre - selected by the Town. Poole & Kent was also responsible for coordination of a 36 -hour process performance test, during which stringent water quality and process performance parameters were monitored. Performance testing was commenced in August 2010. The project was completed in October 2010. 1781 N.W. N . _ . rida 33125 2/26/2013 11. H . CITY qt HOLLYWOOD WTP= Poole & Kent WgTER ' °�` REPLACEMENT OF NF/MS Contractors MEMBRANES An EMCOR Company max' HOLLYWOOD, FLORIDA • Poole & Kent Company of Florida was awarded a contract which replaced City of •• the Nanofiltration (NF) Membrane Elements in seven (7) existing • • • Membrane Softening (MS) Trains at the City's water treatment plant. The FL 33021 construction took place at the existing facility and required extensive Owner Contact: coordination as other construction contracts were in progress. The project consisted of proposing and providing supporting calculations for, an arrangement of NF membrane elements to be used in each train to meet the flow and water quality targets specified by the engineer; removing and disposing of approximately 2,700 existing NF membrane elements; cleaning, disinfecting, and preparing the seven existing NF trains prior to installation; construction of a temporary disposal pipeline to allow the permeate from each train to be disposed of via the existing concentrate line as needed during start-up; providing and installing approximately 2,700 new NF elements in the existing trains; conducting start -up and performance testing after the membrane installation; conducting all chemical and bacteriological analyses required to demonstrate compliance; and providing operator training on the proper operation and maintenance procedures for the new membranes. Due to our performance, the City elected to add cleaning system isolation valves to each of the (7) trains which included piping modification to our scope of work. The modifications will enable installation of (35) 6" stainless steel butterfly valves at the trains for isolation to allow the cleaning of certain passages at each skis which helps the City prolong the life of the newly installed membrane elements. This project was completed three months ahead of schedule and under budget. 1781 N.W. N - ida 33125 HOLLYWOOD WATER TREATMENT PLANT REVERSE OSMOSIS TRAIN "A" REPLACEMENT HOLLYWOOD, FLORIDA A. 2/26/2013 11. H. Poole at rent Contractors An EMCOR Company Owner I Client. Poole & Kent Company of Florida was awarded, in February of 2012, a Hollywood, City of Florida contract to remove and replace the City of Hollywood's Reverse Osmosis Train "A." The construction is currently taking place at the existing water Owner treatment plant and requires extensive coordination as other construction contracts are in progress. The project entails the disassembling and removal of the existing Reverse Osmosis Train "A ", which consists of piping, valves, instruments, sample & instrument panels, pressure vessels, membrane elements, pipe supports, energy recovery device, and skid frame. Also to be disassembled and removed is RO Train "A" feed pump and motor. Subsequent to removal of the existing components, the project entails the installation of one (1) 2.0 MGD RO train, and one (1) 400 HP feed pump and VFD, including all associated piping, valves, supporting systems, instruments, control modifications, electrical modifications, commissioning, start -up, testing, and training of the newly constructed reverse osmosis water filtration system. This will require meticulous shutdown sequencing as well as planning for tie -ins to existing live systems. The new train will be installed in the same location of the existing one. Poole & Kent looks forward to another successful project with the City of Hollywood. Packet Page -573- Poole & Kent 2/26/2013 11.H. An FMCOR Company REFERENCES Miami -Dade Water and Sewer Department John Chorlog, Associate Deputy Director of Capital Priority Projects 3071 S.W. 38th Avenue Miami, FL 33146 (786) 268 -5776 - Phone JWCH001 @miamidade.gov Palm Beach County Utilities Dept. Bevin A. Beaudet, Director 8100 Forest Hill Blvd. West Palm Beach, FL 33416 (561) 493 -6001- Phone (561) 493 -6008 - Fax BBeaudet @pbcwater.com City of Boca Raton, Florida Chris Helfrich, Director of Utilities 201 W. Palmetto Park Road Boca Raton, FL 33432 (561) 338 -7300 - Phone chelfrich @myboca.us City of Ft. Lauderdale, Florida Rick Johnson, Regional Water Facilities Manager 949 N.W. 38th Street Ft. Lauderdale, FL 33309 (954) 828 -7865 - Phone (954) 828 -7822 - Fax r1ohnson@4ortlauderdale.gov City of Cape Coral, Florida North Cape R.O. Plant Andrew Fenske, Chief Operator 1015 Cultural Park Blvd. Cape Coral, FL 33399 (239) 242 -3411 - Phone (239) 574-0731- Fax afenske @capecoral.net City of Cape Coral, Florida Southwest WRF Plant Randy Mikkelsen, Chief Operator 3310 SW 20th Avenue Cape Coral, FL 33914 (239) 574-0850 - Phone (239) 574-0853 - Fax (239) 258-0281- Cell rmikkels @capecoral.net Town of Jupiter, Florida David L. Brown, Director of Utilities 210 Military Trail Jupiter, Florida 33458 (561) 746 -5134 - Phone (561) 747 -5634 - Fax davidb @iupiter.fl.us Indian River County, Florida Erik Olson, Utilities Director 180127th Street Vero Beach, FL 32960 (772) 2264000 - Phone eolson @ircgov.com Florida International University Facility and Planning Construction Daniel Paan, Sr. Project Manager 11200 S.W. 8th Street Miami, FL 33199 (305) 348 -4005 - Phone (305) 348-4010 - Fax paand@fiu.edu City of Hollywood, Florida Albert Perez, Director of Utilities (Former) P.O. Box 229045 Hollywood, FL 33022 -9045 (954) 5547176 - Phone Collier County, Florida Peter Schalt, Sr. Project Manager 3301 E. Tamiami Trail, Bldg. 3H Naples, FL 34112 (239) 252 -5343 - Phone (239) 252 -6446 - Fax Sarasota County, Florida David Sell, Wastewater Operations Manager 1001 Sarasota Blvd. Sarasota, FL 34240 (941) 316 -1289 - Phone (941) 650 -2706 - Cell dsell@scgov.net Packet Page -574- Updated 7/9/2012 City of Melbourne Harold Nantz, P.E., Asst. Utilities Director 2885 Harper Road Melbourne, FL 32904 (321) 674 -5761- Phone City of Cocoa, Florida Everett J. Wegerif, P.E., Public Works Director 155 N. Wilson Avenue Cocoa, Florida 32922 (321) 433 -8770 - Phone City of Sunrise, Florida Tim Welch, Acting Director of Utilities 777 Sawgrass Corporate Parkway Sunrise, FL 33325 (954) 888 -6055 - Phone (954) 846 -7404 - Fax 2/26/2013 11. H. Department of Veteran Administration David E. Gesser, Engineering Operations Supervisor 7305 N. Military Trail West Palm Beach, FL 33146 (561) 422 -6665 - Phone (561) 422 -8742 - Fax Department of Veteran Administration James P. Griffin, Chief Maintenance & Repair 7305 N. Military Trail West Palm Beach, FL 33146 (561) 422 -6665 - Phone (561) 422 -6671- Fax Packet Page -575- Updated 7/9/2012 2/26/2013 11. H. 0 T 0 0 a P 0 0 m T 0 T p Oppp O� O O O O O C 0 0 0 0 0 0 0 0 0 0 0 0 O O O pp. U O O O �p N W O O U O O O� J O O 0. �O O— N W O O r N O W A U a J 00 �O O— N W P r N W A U Q\ J O b O r r N W A O� J 00 •��'11 ° n"�� a � °� �? -8 ��$.�. �x a_:�;� �n� n�•o p ��•�.� S. � 3. <� °- nnF.'Citn�i E.� .n8in "e o.$8m.5 aCwE"�C85��'row�SR�9 4 e.54 F m w�.� a rn _ N °° o Bill ° Q w .16. 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DD U A O U N U A W O U W O O 100 88 0 0 0 0 0 of 0 00 0 0 0 0 0 0 0 0 0 S P O O O O N p O N O O W w O A N "'• O O ^^ �D O U ^ p O U O O U QO U O O O O W O� O O �O O 8N 8 0 O O O 1\J S O ,.,, 1� N ^ N O O N O O� N pN O N N O�� 1�3 N S� O N N � O� O N p N O 13 13 N N Q 13 18� Q `D t� W O� O Q Q N U u vOi �O ,Q� Q� U 00 � O 10 10 ID b O O ISO �D Packet Page -577- Poole & Kent Contractors An EMCOR Company Credit Information 2/26/2013 11.H. Poole & Kent Company of Florida 1781 N.W. North River Drive Miami, FL 33125 P.O. Box 420556 Miami, FL 33242 Phone: 305.325.1930 Fax: 305.324.0522 Poole & Kent Company of Florida is a wholly owned subsidiary of EMCOR Group, Inc., a publicly traded company on the New York Stock Exchange. Type of Business: General Contractors Our Business is a Corporation. Federal ID# 75 -3 163466 Names of Officers: Patrick H. Carr President / Chief Executive Officer Richard Harrington Chief Financial Officer Bank References: JP Morgan Chase Contact: Michelle J. Hollings (212) 622 -28 Trade References: American Ductile Iron Pipe Diversified Fluid Controls P.O. Box 2727 5401 N.W. 10`h Terrace Birmingham, AL 35202 Ft. Lauderdale, FL 33309 (205) 325 -7701 (954) 492 -1166 Special Instructions: All invoices must have a purchase order number or a job number. Packet Page -578- 46 Acct. # 000000085072023 Lehman Pipe & Plumbing 230 N.W. 29 h Street Miami, FL 33127 (305) 576 -3054 2/26/2013 11.H. Poole &Kent An EMCOR Company Collier County, Florida NCRWTP Membrane Replacement and Inter -stage Booster Project Bid No. 13 -6026 Poole & Kent Company of Florida is a wholly owned subsidiary of EMCOR Group, Inc., a publicly traded company on the New York Stock Exchange. Patrick H. Carr, President & Chief Executive Officer /Treasurer Richard Harrington, Chief Financial Officer Brian MacClugage, Executive Vice President David A. Strickland, Sr. Vice President & Assistant Secretary Charles K. Neese, Vice President & Assistant Secretary Stephen Polk, Vice President Packet Page -579- 2/26/2013 11. H. 's n Veri C- YT_Fth' l5 A Si M;tLi 4• DNF Company ID Number. 242530 THEE VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR DESIGNATED AGENTS ARC PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS), and Poole & Kent Company of Florida (Designated Agent). The purpose of this Agreement is to set forth terms by which SSA and DHS will provide information to Poole 8E Kent Company of_Florida (Designated Agent) on behalf of the Designated Agent's client (the Employer). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, SSA, the Employer, and the Designated Agent. References to the Employer include the Designated Agent when acting on behalf of the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered govemment contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. The Employer is not a party to this MOU. The E- Verity program requires an initial agreement between DHS and the Designated Agent as part of the enrollment process. After agreeing to the MOU as set forth herein, completing the tutorial, and obtaining access to E -Verify as a Designated Agent, the Designated Agent will be given an opportunity to add a client once logged into E- Verify. All parties, including the Employer, will then be required to sign and submit a new MOU. The responsibilities of the parties remain the same in each MOU. Authority for the E Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification', of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA SSA agrees to provide the Employer (through the Designated Agent) with available information that will allow the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Designated Agent with names, titres, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. Page 1 of 15IE- Verify MOU for Designated AgengRevisw Date 0129108 www dhs goviE -Verify Packet Page -580- 2/26/2013 11. H . V"J.",-r!I;I j Veri C�VLRI.Y iE A SLRVIR _.. 9'Rd Company ID Number. 242530 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(x)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS After SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer (through the Designated Agent) access to selected data from DHS`s databases to enable the Employer (through the Designated Agent) to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Designated Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. DHS agrees to provide to the Employer (through the Designated Agent), the E- Verify User Manual containing instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer (through the Designated Agent) a notice, which indicates the Employers participation in the E-Verify program. DHS also agrees to provide to the Employer (through the Designated Agent) anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. Page 2 of 151E - Verily MOU for Designated AgengRevision Date10129/08 www dhs gov /E- verity Packet Page -581- 2/26/2013 11. H. io- Vert n evrn�r ra + auvrc[ o= on.. Company ID Number: 242530 5. DHS agrees to issue the Designated Agent a user identification number and password that will be used exclusively by the Designated Agent, on behalf of the Employer, to verify information provided by alien employees with DHS's databases. 6. DHS agrees to safeguard the information provided to DHS by the Employer (through the Designated Agent), and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government workdays of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer shall display the notices supplied by DHS (through the Designated Agent) in a prominent place that is dearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer shall provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3, The Employer shall become familiar with and comply with the most recent version of the E- Verify User Manual. The Employer will obtain the E- Verify User Manual from the Designated Agent. 4. The Employer shall comply with current Form 1 -9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 1- 888 - 464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form I- 9, the Employer agrees to make a photocopy of the document and to retain Page 3 of 151E -Verity MOU for Designated AgentlRevision Date10129108 www dhs gov tE•Verity Packet Page -582- 2/26/2013 11. H. r r..y„1•Y (5 A SLNVTLL '+* oNf Company ID Number. 242530 the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 5. Participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employers participation in E- Verify: (1) identity documents must have photos, as described in paragraph 4 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(s)(1 XA) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 compliance inspections during the course of E Verify, as well as to conduct any other enforcement activity authorized by law. 6. The Employer shall initiate E -Verify verification procedures (through the Designated Agent), for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employers attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer (through the Designated Agent) must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification, through the Designated Agent, by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer (through the Designated Agent) performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 7. The Employer may not use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use Page 4 of 151E - Verity MOU for Designated AgentjRevision Date'. 0/29108 www dhs.9ov1E-Venfy Packet Page -583- 2/26/2013 11.H. six Vera .'�'n i'RWtIY Tb � bERYI C� �r CRC Company ID Number. 242530 not authorized by this MOU. Employers must use E -Verify (through its Designated Agent) for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article 11.13, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E- Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 8. The Employer (through the Designated Agent) shall follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non- match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 9. The Employer shall not take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work, or otherwise mistreating an employee) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464-4218 or OSC at 1-800- 255 -8155 or 1-800 -237 -2515 (TDD). 10. The Employer shall comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer shall not engage in such illegal practices as selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or Page 5 of 15IE- Verify MOU for Designated AgentlReviswn Date10129108 www dhS goviE -Venty Packet Page -584- 2/26/2013 11.H. -Verffy- Company ID Number. 242530 sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations or Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti- discrimination provision, it should contact OSC at 1- 800 -255- 8155 or 1-800 -237 -2515 (TDD). 11. The Employer shall record the case verification number on the employee's Form I- 9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 12. The Employer will use the information it receives from SSA or DHS (through its Designated Agent) pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 13. The information that the Employer receieves through the Designated Agent from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(x)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 14. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. EMPLOYERS THAT ARE FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any 'employee assigned to the contract (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E -Verify program within 30 Page 6 of 151E- Verify MOU for Designated AgenURevision Date1029/08 Packet Page -585- www dhs goviE Vetxfy 2/26/2013 11. H. fi t_ SEC,, . Vera C -Vr R1TY TY A FTRVTCT OR !YY Company ID Number. 242530 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a contract award must use E -Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E- Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11, part D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E -Verify verification of all existing employees within 180 days after the election. e. Form 1 -9 procedures for Federal contractors: The Employer (through its Designated Agent), may use a previously completed Form 1 -9 as the basis for initiating E Verify verification of an employee assigned to a contract as Page 7 of I SIE•Verlfy MOU for Designated AgengRevision Date10129108 www dhs gov1E- Verity Packet Page -586- 2/26/2013 11.H. Veri V, 4- vFRt.Y Tf n St:RVt tf o AY!. Company ID Number. 242530 long as that Form 1 -9 is complete (including the SSN), complies with Article II.C.4, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.4, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form I- 9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.4, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up- to -date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.CA subject to any additional or superseding instructions that may be provided on this subject in the E -Verify User Manual. Nothing in this section shall be construed to require a second verification using E -Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. If the Employer is a Federal contractor, its compliance with this MOU is a performance requirement under the terns of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employers compliance with Federal contracting requirements. E. RESPONSIBILITIES OF DESIGNATED AGENT The Designated Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Designated Agent representatives who will be accessing Information under E- Verify. 2. The Designated Agent agrees to become familiar with and comply with the E- Verify User Manual and provide a copy of the manual to the Employer so that the Employer can become familiar with and comply with E- Verify policy and procedures 3. The Designated Agent agrees that any Designated Agent Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Designated Agent agrees that all Designated Agent representatives will take the refresher tutorials inflated by the E- Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. Page 8 of 151E -Verify MOU for Designated AgentlRevision Date10f29108 www dhs gov1E Verity Packet Page -587- 2/26/2013 1 I.H. sfr:t -Verif EV!ET [Y 1t N SfI1V1'T[ OT Ut9 Company ID Number. 242530 B. Failure to complete a refresher tutorial will prevent the Designated Agent and Employer from continued use of the program. 4. The Designated Agent agrees to obtain the necessary equipment to utilize E- Verify. 5. The Designated Agent agrees to provide the Employer with the notices described in Article II.B.4 above. 6. The Designated Agent agrees to initiate E Verify procedures on behalf of the Employer in accordance with the E- Verify Manual and E- Verify Web -Based Tutorial. The Designated Agent will query the automated system using information provided by the Employer and will immediately communicate the response back to the Employer. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Designated Agents attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. In all cases, the Designated Agent will use the SSA verification procedures first, and will use DHS verification procedures only as directed by the SSA verification response. 7. The Designated Agent agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer (through the Designated Agent), will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives It. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the Page 9 of 15JE -Verify MOU for Designated AgentlRevision Date10129108 www dhs goviE- Verity Packet Page -588- 2/26/2013 11. H. Veri �7Z vV Company ID Number. 242530 employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer (through the Designated Agent) within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer shall not ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer shall refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives ft. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer shall provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. If an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer shall send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: e Scanning and uploading the document, or e Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. If the Employer cannot determine whether there is a photo matchtnon- match, the Page 10 of 151E -Verify MOU for Designated AgentlReviswn Date10129108 www.dhs.govlE-Verity Packet Page -589- 2/26/2013 11. H. ,f-vefify- Company ID Number. 242530 Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer or the Designated Agent for verification services performed under this MOU. DHS is not responsible for providing the equipment needed to make inquiries. A personal computer with Internet access is needed to access the E- Verify System. ARTICLE V PARTIES A. This MOU is effective upon the signature of the parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual. Even without changes to E- Verify, DHS reserves the right to require Designated Agents to take mandatory refresher tutorials. A Designated Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires the Employer's participation in E- Verify is terminated or completed. In such a circumstance, the Designated Agent must provide written notice to DHS. If the Designated Agent fails to provide such notice, it will remain a participant in the E -Verify program on behalf of the Employer, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use the E- Verify procedures to verify the employment eligibility of all the Employer's newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate access to E- Verify if it is deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Designated Agent or the Employer, or a failure on the part of either to comply with established procedures or legal requirements. The Designated Agent understands that K the Employer is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the Employer's performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by Page 11 of 151E- Verify MOU for Designated AgengReviston Date10129108 www.dhs.9oY1E•VetsN Packet Page -590- 2/26/2013 11. H. � 4 G „� [�L�I7Y 7s � sCSV7c• :�' ons Company ID Number. 242530 contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Designated Agent, the Employer, or their agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Designated Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Designated Agent or the Employer. F. Participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Designated Agent. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Designated Agent and DHS respectively. If you have any questions, contact E- Verify at 1- 888 - 464 -4218. Page 12 of 15E- Verity MOU for Designated AgentlRevlsron Date1012908 www dhS gov?E Verrfy Packet Page -591- 2/26/2013 11. H. -Verif 'y, SECG ve.Rrw, rc � nra�!tcr r..r oxw. Company ID Number. 242530 Approved by: Employer Poole & Kent Company of Florida Carla 1 Woodall Name (Please Type or Print) Titie Electronically Signed 0812712009 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print; Title Electronically Signed 08127/2009 Signature Date Page 13 of I&E•Verify MOU for Designated AgengRevision Date10129/08 Packet Page -592- ww,A dhs.c v� ;E -Wr rift' 2/26/2013 11. H. r JC s[C4 - r L -wi - L- VLb/f7 ib F Eill llr.L :� C4t Company ID Number. 242530 Information Required for the E Verify Program Information relating to your Company: Company Name: Poole & Kent Company of Florida Company Facility Address: 1781 NW North River Drive Miami, FL 33125 Company Alternate Address: County or Parish: MIAMI -DADE Employer Identification Number: 753163466 North American Industry Classification Systems Code: 238 ....... Parent Company:__ Number of Employees: 100 to 499 Number of Sites Verified for: 1 Are you verifying for mom than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA I site(s) Page 14 of 15jE- Verity MOU for Designated AgenlRevision Date? 0129/08 www dhs goviE- Verity Packet Page -593- 2/26/2013 11. H. 11P!r4X }, Ver' s'R E'YE�I fY fS \ 5EIY1 =E � %rt Company ID Number. 242530 Informa0an relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Richard Harrington Telephone Number. (305) 325 -1030 ext.1950 Fax Number. (305) 325.0290 E-mail Address: richardhapkflorida.com Name: Carla J Woodall Telephone Number. (305) 325 -1930 ext. 1956 Fax Number. (305) 325.0290 E-mall Address: carlaw®pksouth.com Page 15 of 15]E -Verity MOU for Designated AgenyRevision Date10,+29/08 Packet Page -594- wwvi dhs govlE- Verity Form W-r9 iRev. January 2011) Department of the Treasury Internal Revenue Service Name (as shown on your income tax Request for Taxpayer Identification Number and Certification N business nameidisregarded entity name, if different from rn POOLE & KENT COMPANY OF FLORIDA a, Check appropriate box for federal tax C d c classification (required)' ❑ Individual /sole proprietor ao 2/26/2013 11.H. Give Form to the requester. Do not send to the IRS. Q C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate o ` ❑ Limited liability company Enter the tax classification (C -C corporation, S=S corporation, P-= partnership) ► c � a` J Other (see instn,euons) U _ _ U u Address (number, street, and apt. or suite no.) Requc a 1 781 NW North River Drive y6ty, state, and LIP rode rn Miami, FL 33125 t,ist account-number(s) here lopbonal) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is to more than one name, see the chart on page 4 for guidelines on whose number to enter. ❑ Exempt payee name and address (optional) - I ;_J -I - l I _L_ Employer identification number 7F5 J3 1 1 1 6 1 3 1 4 1 6 6 Under penalties of perjury, 1 certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. " "tilt i Signature of f Here u.s. Parson ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example. income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only it you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Date► 1/16/2013 Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in'the United States or under the laws of the United States. • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W -9 (Rev. 1 -20111 Packet Page -595- 2/26/2013 11. H. AC6' ate' CERTIFICATE OF PROPERTY INSURANCE o X22/2012"'' 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. If this certificate is being prepared for a party who has an insurable interest In the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER 1- 914 - 696 -3700 Arthur J Gallagher Risk Management Services, Inc. 2 Gannett Drive, 3rd Floor White Plains, NY 10604 �e Michael Greene PHONE FAX . 914- 697 -6064 AIC No: 914- 323 -4564 ADDRESS; michael greenebajg.ccm PRODUCER 3608 US INSURERS AFFORDING COVERAGE NAIL i INSURED Poole & Rent Company Of Florida 1781 Nw N. River Drive Miami, FL 33125 INSURER A! LEXINGTON INS CO 19437 INSURER B: R INSURER C: $ INSURER D $ INSURER E: BASIC INSURER F: $ VV�L. \I9VVV LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule. H more spec Is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIODNYYY) POLICY EXPIRATION DATE (MMIDDN YYY) COVERED PROPERTY LIMITS A R PROPERTY CAUSES OF LOSS DEDUCTIBLES 25031750 - 10/01/12 10/01/13 R BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP Per Value below $ $ $ BASIC BUILDING $ BROAD CONTENTS $ SPECIAL EARTHQUAKE $ WIND $ FLOOD $ R All Risk $ See below S CAUSES INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY S $ POLICY NUMBER $ S CRIME TYPE OF POLICY $ $ S BOILER & MACHINERY 1 EQUIPMENT BREAKDOWN $ S S a SPECIAL CONDITIONS I OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, If more spec is required) Evidence of Insurance - Value $200,000. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Poole & Rent Company of Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1781 NW North River Drive AUTHORIZED REPRESENTATIVE Miami, FL 33125 USA_ sriniwp v TynO -cuuo r��.vra.+ VVr.r.,.., ,.....n... .---•- --• ACORD 24 (2009/09) The ACORD nan— —I I ^n^ are r ietarad marks of ACORD 29165559 Packet Page -596- 2/26/2013 11.H. A6► ® CERTIFICATE OF LIABILITY INSURANCE °12 Z%2°` 2 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(tes) 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 1- 914 - 696 -3700 Arthur J Gallagher Risk Management Services, Inc. NA Me Giselle Robinson PHONE E 914- 697 -6067 FAX No:914- 323 -4567 ADMDRESS: giselle robinsonoajg.com 2 Gannett Drive, 3rd Floor INSURERS AFFORDING COVERAGE - NAIC S White Plains, NY 10604 INSURER A: LEKINGTON IN3 CO 19437 INSURED INSURER 6: $ INSURER C: $ Poole a Kent Company Of Florida INSURER D: 1781 Na N. River Drive INSURER E : Miami, FL 33125 INSURER F $ C;0VF.KAUt:* locml 117IVMI c nvmoc -- -------- 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. LNR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDD POuCY EXP M LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ A GI`TbT2ERT PREMISES Es occurrence $ MED EXP (Any one Person) $ CLAIMS -MADE 17 OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- L� COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPE DAMAGE Par Baciden $ $ UMSRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR H CLAIMS -MADE AGGREGATE $ DED RETENTION $ WC STAN- OTH- WORNERS COMPENSATION Y E.L. EACH ACCIDENT $ A AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory M NH) If yes, describe under DESCRIPTION OF OPERATIONS below Contractors Pollution Liability NIA 23462701 07/31/1 07/31/13 E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Pei Claim: 2,000,000 Each Aggregate: 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N mom space Is required) Evidence of Insurance. & Kent Company of Florida 11781 NN N. River Drive , FL 33125 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD gaganwp 30790761 Packet Page -597- 2/26/2013 11. H. A6 CERTIFICATE OF LIABILITY INSURANCE °08 09/2D012 ' "' 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 terns 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 1 -914- 696 -3700 Arthur J Gallagher Risk Management Services, Inc. NAME C Giselle Robinson FAX 914- 323 -4567 PHONE 914- 697 -6067 A/C No): E-MAIL g iselle robinsonoajg.com 2 Gannett Drive, 3rd Floor -ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC0 White Plains, NY 10604 INSURER A: LEXINGTON INS CO 19437 INSURED INSURER 6: INSURER C $ Poole & Kent Company Of Florida INSURER D: 1781 Nv N. River Drive INSURER E: Miami, FL 33125 PERSONAL & ADV INJURY $ INSURER F VVYGRMVGJ v�r�•n ,vr•, �. ,�v,-, r•r... - ___ -_ -_ 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 TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER MMIIDD EFF MMIUDD EXP LIMITS EACH OCCURRENCE S DAMAGE PREMISES Ea 000curcence $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS -MADE F__1 OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ COMBINED SINGLE LIMIT $ POLICY PRO- LOC JET AUTOMOBILE LIABILITY Es accident _. BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTIONS WORKERS COMPENSATION WC STATU- OT L $ E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTNE E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ Claims Made 2,000,000 A N yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability/ 23462701 07/31/1 07/31/13 Errors and Omissions Aggregate: 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltloml Remarks Schedule, H more space Is required) Evidence of Insurance I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Poole & Kent Company of Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 1781 NW N. River Drive AUTHORIZED REPRESENTATIVE Miami, FL 33125 O USA V 17047-cv1v v — v..- •••..••• - --- •.a ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD grobinson 28641515 Packet Page -598- 2/26/2013 11. H. A� °® CERTIFICATE OF LIABILITY INSURANCE °o 12s z °"'"Y' 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 MARSH USA, INC. 601 MERRITT 7 NTACT NEE' FAX PHONE A/C No): E-MAIL ADDRESS: NORWALK, CT 06856 Attn: Emcor.Certrequest @marsh.mm / Fax: 203-22M787 INSURERS AFFORDING COVERAGE NAIC B INSURER A Continental Casualty Company 20443 299174P00- COM -12 -13 INSURED POOLE 8 KENT COMPANY OF FLORIDA 1781 N.W. NORTH RIVER DR INSURER B: American Casualty Company OF Reading, Pa 20427 INSURER C : Transportation Insurance Cc 20494 INSURER D: MIAMI, FL 33125 INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC PRODUCTS - COMP/OP AGG INSURER F: $ r�AV�OAr±r =C e+eo'netn AT= wruoen. rrv/• nn[0AO0nt7C R"I[Ri lu MIIMKFR•R THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A 1781 NW NORTH RIVER DRIVE POLICY NUMBER IPMIDDI EFF PMIDDr yr LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE C OCCUR of Marsh USA Inc. GL 2095787039 1010112012 1010112013 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED__ PREMISE Me oavrrenc $ 1,000, 000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000'000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC PRODUCTS - COMP/OP AGG $ 14,000, 000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED X HIRED AUTOS X AUTOS BUA 2095767090 10/0112012 : 10/0112013 COMBINED IN LE LIM Ea accidard 2 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE accident $ Auto Physical Damage $ Included A X UMBRELLA LIAR EXCESS LIAR X CLAIMS -MADE OCCUR L 2068208285 10/01/2012 10/0112013 EACH OCCURRENCE $ 5,ODO,DOD AGGREGATE $ 5,000,000 DED X RETENTION$ 10.000 $ B B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECLTIVE YIN OFFICERIMEMBEREXCLUDED? (Mandatory u �� DESCRIPTION OF OPERATIONS below NIA WC 2095787008 (ADS) WC 2095787011 (CA) WC 2095787025 AZ, OR, WI ( ) 10/01/2012 10!0112012 10101/2012 10 /0112013 10!0112013 10 /0112013 X WC STATU 0TH E.LEACHACCIDENT $ 1,000,000 E.L. E DISEASE -EA EMPLOYE $ ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) EVIDENCE OF INSURANCE. r Aarrcr r ArIf W POOLE & KENT COMPANY OF FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EVIDENCE OF INSURANCE, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1781 NW NORTH RIVER DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI, FL 33125 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Heidi Bauertneister . >AM,2! i AF_ V Ti188 -LV IY AWRY \.VrvVrv�nV1�. i+u ..y.aa •oay..v... ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Packet Page -599- t ACO OR 0 AGENCY CUSTOMER ID: 299174 LOC #: Norwalk ADDITIONAL REMARKS SCHEDULE 2/26/2013 11. H. Page 2 of 2 AGENCY MARSH USA, INC. NAMED INSURED POOLE & KENT COMPANY OF FLORIDA 1781 N.W. NORTH RIVER DR MIAMI, FL 33125 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insuf Auto Physical Damage Comp I Coll Deductible $500 In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims as applicable), Insurer agrees to mail prior written notice of cancellation or material change to: Certificate Holder Schedule 1. Number of days advance notice: For any statutorily permitted reason other than non - payment of premium, the number of days required for notice of cancellation as provided in paragraph 2 of either the Cancellation Common Policy Conditions or as amended by the applicable state cancellation endorsement is increased to the lesser of 60 days or the number of days required in a written contract For non-payment of premium, The greater of (1) the number of days required by state law or (2) the number of days required by written contract. 2. Name' Notice will be mailed to: Certificate holder .J ACORD 101 (2008101) v 'ZUVO ••n••.- • - - -• •_ -• The ACORD name and logo are registered marks of ACORD Packet Page -600- 2/26/2013 11.H. ACC> & CERTIFICATE OF LIABILITY INSURANCE rnTICIA tJTC X11 Iaa�G�. kWr MCGAO K17 FlFVr \r led NI Iaamr"'I 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. DATE ON6120IDD/YYYY) Os/2s/zo12 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 pollcy(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 endorsemen s . PRODUCER MARSH USA, INC. 601 MERRITT 7 ONTACT NAME: FAX PHONE MC No E-MAIL ADDRESS: NORWALK, CT 06856 Attn: Emcor.Certrequest@marsh.00m / Fax: 203- 229 -6787 INSURER(S) AFFORDING COVERAGE NAIC A INSURER A : Continental Casualty Company 20443 299174- P00- COM -12 -13 INSURED POOLE &KENT COMPANY OF FLORIDA 1781 N.W. NORTH RIVER DR. INSURER B: American Casualty Company Of Reading' Pa 20427 INSURER C: Transportation Insurance Co 20494 INSURER D: MIAMI, FL 33125 INSURER E: $ 6,000, 000 GENL AGGREGATE LIMIT APPLIES PER POLICY X PRO- F LOC INSURER F: $ 14,000, 000 rnTICIA tJTC X11 Iaa�G�. kWr MCGAO K17 FlFVr \r led NI Iaamr"'I 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 TYPE OF INSURANCE DL BR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FTI OCCUR GL 2095787039 10/01/2012 10/01 /2013 EACH OCCURRENCE $ 2,000,000 DAMAGE: TO RFEN'rizo PREMISES occurrence) $ 1,000,000 _ MED EXP (Any One person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 6,000, 000 GENL AGGREGATE LIMIT APPLIES PER POLICY X PRO- F LOC PRODUCTS - COMP/OP AGG $ 14,000, 000 $ A AUTOMOBILE LIABILITY ALL OWNED SCHEDULED IxANY AUTO AUTOS NO O.OWNED HIRED AUTOS LX AUTOS BUA 2095787090 10/0112012 10/01/2013 COMBINED SINGLE LIMIT Ea accident) 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAAGE accident) - $ AUu 0 PhysicaI Damage $ Included UMBRELLA LIAB EXCESS LIAB'i OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DIED RETENTION$ $ g B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICEOPRIET EEXCLUDED? ECECUTIVE a (Mandatory in NH) K yes, describe under DESCRIPTION OF OPERATIONS below NIA WC 20957870 08 (AOS) WC 2095787011 (CA) WC 2095787025 (AZ, OR, WI) 1010112012 1010112012 1010112012 10ro112013 10/0112013 10/01/2013 X WC ST.M OTH E.L. EACH ACCIDENT 1'000' 000 $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L DISEASE - POLICY LIMIT 1,000, 000 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space Is requlrod) EVIDENCE OF INSURANCE. POOLE & KENT COMPANY OF FLORIDA EVIDENCE OF INSURANCE. 1781 NW NORTH RIVER DRIVE MIAMI, FL 33125 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Mush USA Inc. Heidi Bauermeister Gaii -s' CJ Tlf68 -LU7V AtrVRY HVrvvr�nl rv1.. nn ..ynw .`�......... ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Packet Page -601- AGENCY CUSTOMER ID: 299174 LOC #: Norwalk ACCOR ® ADDITIONAL REMARKS SCHEDULE 2/26/2013 11. H. Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. POOLE & KENT COMPANY OF FLORIDA 1781 N.W. NORTH RIVER DR MIAMI, FL 33125 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Auto Physical Damage Comp / Coll Deductible $500 In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims as applicable), Insurer agrees to mall prior written notice of cancellation or material change to: Certificate Holder Schedule 1. Number of days advance notice: For any statutorily permitted reason other than non - payment of premium, the number of days required for notice of cancellation as provided in paragraph 2 of either the Cancellation Common Policy Conditions or as amended by the applicable state cancellation endorsement is increased to fire lesser of 60 days or the number of days required in a written contract For non - payment of premium, The greater of (1) the number of days required by state law or (2) the number of days required by written contract. 2. Name: Notice will be malled to: Certificate holder ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Page -602- Cofte�r city Admnisl� Services Derision Purchasing Memorandum Date: December 27, 2012 From: Scott Johnson Procurement Strategist To: Interested Bidders 2/26/2013 11.H. Email: scottjohnson @colliergov.net Telephone: (239)252 -8995 FAX: (239)252 -6588 ADDENDUM #1 Subject: Addendum #1 Solicitation #13 -6026 NCRWTP Membrane Replacement and Interstage Booster The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • The solicitation document has been uploaded and saved in PDF format. There have been issues with the current document being unable to open online. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Tom Sivert, Project Manager Please sign below and return a copy of this Addendum with your: Sol'ci (Name of Firm) Packet Page -603- AddendumTemplate Revised: 4115/10 1 2/26/2013 11. H. ADDENDUM #2 Steel (Super Austenitic; Super Duplex). Where the Contract Documents call for Super Austenitic Stainless Steel, the Contractor may use either Super Austenitic or Super Duplex Stainless Steel pipe in accordance with this Section. Duplex stainless steel (grade 2205) will not be allowed. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Please sign below and return a copy of this Addendum with your 5ubmitAl for the above feterenCett solcita ' (Signature) Patrick H Carr President & CEO Poole &Kent Company 'of F3orida ' r (Name of Finn) • ti . „rlN ,.', d',:'nt'. Packet Page -604- 2/26/2013 11. H. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Poole & Kent Company of Florida ( "Contractor ") of 1781 NW North River Drive, Miami FL 33125, a Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with NCRWTP Membrane Replacement and Inter -stage Booster Project, Bid No. 13 -6026 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by HDR, Inc., the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 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 Five Hundred Sixty -Four Thousand Dollars ($1,564,000.00) 31 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -605- 2/26/2013 11. H. Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web' at www .fms.treas.gov /c570 /c570.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 Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The :. "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred seventy (270) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within sixty (60) 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 32 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -606- 2/26/2013 11. H. 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, nine hundred thirty seven dollars and ten cents ($937.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable. for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at 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. 33 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -607- 2/26/2013 11.H. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by HDR, Inc and identified as follows: NCRWTP Membrane Replacement and Inter -stage Booster Project as shown on Plan Sheets 1 through 24. Exhibit N: Contractor's List of Key Personnel Terms & Conditions of 13 -6026 NCRWTP Membrane Replacement and Inter -stage Booster Project 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: 34 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -608- 2/26/2013 11. H Tom Sivert, PE Collier County Public Utilities Planning & Project Management 3339 Tamiami Trail East; Suite 303 Naples, FL 34112 Tel: 2391252 -5376 Fax: 252 -5378 Email: TomsivertCED-colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Poole & Kent Company of Florida Attn Patrick Carr, CEO 1781 NW North River Drive Miami, FL 33125 Tel: 305/325 -1930 Fax: 305/324 -0522 Email: patc _pkflorida.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. 35 Construction Services Agreement for Public Utilities: Revised Oa/15/2012 Packet Page -609- i 2/26/2013 11. H. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing 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 any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. 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. Change 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. 36 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -610- 2/26/2013 1 1. H. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 37 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -611- 2/26/2013 11. H. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. TWO WITNESSES: By: FIRST WITNESS CONTRACTOR: Poole & Kent Company of Florida Type /Print Name and Title Type /Print Name SECOND WITNESS Type /Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, Esq., Chairwoman Approved As To Form and Legal Sufficiency: 6T�) Assistant County Attorney 38 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -612- EXHIBIT A: PUBLIC PAYMENT BOND NCRWTP Membrane Replacement and Inter -stage Booster Project Bond No. Contract No. 13 -6026 KNOW ALL MEN BY THESE PRESENTS: That 2/26/2013 11. H. as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 38 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -613- Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 2/26/2013 11. H. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) ATTEST: NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) '39 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -614- �� . Witnesses 2/26/2013 11. H. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 ,by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 40 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -615- EXHIBIT A:.PUBLIC PERFORMANCE BOND NCRWTP Membrane Replacement and Inter -stage Booster Project KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as 2/26/2013 11. H. Bond No. Contract No. 13 -6026 Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: � 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. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 41 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -616- 2/26/2013 11.H. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ 20 by as of corporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: day of ,a He /she is 42 Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -617- ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 2/26/2013 11. H. The foregoing instrument was acknowledged before me this day of 20 , by as of a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: 43 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -618- 2/26/2013 11. H. Commission No.: as Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -619- 2/26/2013 11. H. 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 County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 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. 45 Construction Services Agreement for Public Utilities: Revised 08/1 M012 Packet Page -620- 2/26/2013 11. H. Coverages 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 I County or as specified in this solicitation., whichever is longer. 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 coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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 for Public Utilities: Revised 08/15/2012 Packet Page -621- 2/26/2013 11. H. Collier County Florida INSURANCE AND BONDING REQUIREMENTS 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $1.000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $2,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily current ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1.000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 47 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -622 - 2/26/2013 11.H. ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State Df Florida and insured by the Federal Deposit Insurance Corporation. . 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 10. ® 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 Vendor Signature Print Name Insurance Agency Agent Name Date Telephone 48 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -623- 2/26/2013 11. H. 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 , 20 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 assented 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 120 , by as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 49 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -624- 2/26/2013 11. H. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Purchase Order No. Collier County Water -Sewer District (the OWNER) 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: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru(insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Percent Work completed to Date: % Less previous payment (s) $ Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ 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: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 50 Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -625- 26/2013 11.H. Packet Page -626- G/ 2 § CD � $ j } 0 E k < § 0 $ / 0 0 UA z «z .\ 1.- ° :3 Z. ) uj e / \� ®k� �2 Gi �0 k \k �$ ]8 b .20 §& ■f z §_ =. M0 ?C §� 2m z� uw 2= §2 g) . IL BLU \ f )�0 7k °aU) 0 $§. Ste ®. \ƒ 0 7 w� j\ 0W G� ao E (D ■ ]- $ ° kf U) z & «o e) w t; �w 2f /kl § $_ a 2§ L �� o 0 2\ LU [2 °2 %© _ 2U) 2@ /§ /\ 00 §2 \§ a. { e 2 k/ k§ /D k' � $$� \�\ i e oc � . z �5Ec ° @2= =a k 0) )�\ 4 0 kk ] f1E 2 7 $ �; E \ƒ § z �§ ;mm dmMWI: E§ j27 z . 2 # Packet Page -626- G/ 2 § CD � $ j } 0 E k < § 0 $ / 0 0 2/26/2013 11.H. Packet Page -627- w 0 U m Q i� 3 E O U- 0 m m -a m 0 w as :r c O U :n r x w 2/26/2013 11. H. Packet Page -628- Cl) 0 N C, O V m m N m v a a 0 c m E d 2 �n c 0 0 U w d- c ea c (d m .O ,O o n. C H to U y > , to ` C — CL o > m m a 0.0 �s Q O •y �> v m d o E =z `m c 0 ,i N d O m 0 Packet Page -628- Cl) 0 N C, O V m m N m v a a 0 c m E d 2 �n c 0 0 U 2/26/2013 11.H. Packet Page -629- TO: Project Name: Bid No. Change Order No.: Change Order Description 2/26/2013 11.H. EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: 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: Design Professional Accepted by: Contractor Approved by: Department Director Dater Date: Date: Authorized by: Date: Division Administrator (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 55 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -630- 2/26/2013 11.H. Packet Page -631- EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. 2/26/2013 11.H. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby 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. 57 Construction Services Agreement for Public Utilities: Revised 06/15/2012 Packet Page -632- 2/26/2013 11. H 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 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title 20 411 58. Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -633- '-] -"i 2/26/2013 11. H. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.. Project No.: Date: 20 Contractor: 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: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: 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) 59 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -634- By Design Professional: By Owner: 2/26/2013 11. H. (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 60 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -635- 2/26/2013 11. H. 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; 61 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -636- 2/26/2013 11. H. 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. 62 Construction Services Agreement for Public Utilities: Revised 06/15/2012 Packet Page -637- 2/26/2013 11. H. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit - its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 63 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -638- 2/26/2013 11. H. 4.3 Contractor shall submit all Applications for Payment to Steve Bupp, HDR, Inc, located at 2601 Cattleman Road, Suite 400; Naples, FL 34232. 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 D -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 through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 64 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -639- 2/26/2013 11. H. 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. 4.11 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. 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 65 Construction Services Agreement for Public Utilities: Revised 06/15/2012 Packet Page -640- 2/26/2013 11. H. issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 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 66 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -641- 2/26/2013 11. H. Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results,. schedules and samples. - Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of 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 67 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -642- 2/26/2013 11. H. the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. 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 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being 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 68 Construction Services Agreement for Public Utilities: Revised 0 8/1 512 01 2 Packet Page -643- 2/26/2013 11. H. 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall 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. ss Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -644- 2/26/2013 11. H. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 70 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -645- 2/26/2013 11. H . shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum. ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or 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 71 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -646- 2/26/2013 11. H. Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If 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 72 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -647- 2/26/2013 11. H. work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party 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 73 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -648- 2/26/2013 11.H. 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 seg• and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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 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. 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 providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / 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.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 74 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -649- 2/26/2013 1 1.H. INW 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 sea. 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. 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. 75 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -650- 2/26/2013 11. H . 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s): If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) 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 76 Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -651- 2/26/2013 11. H. Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this 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. 77 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -652- 2/26/2013 11.H. 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 writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected 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. 7e Construction Services Agreement for Public Utilities: Revised 08115/2012 Packet Page -653- 2/26/2013 11. H. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice 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 7s Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -654- 2/26/2013 11. H. responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested. by Project Manager, be uncovered for observation. Such uncovering shall. be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to 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 80 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -655- 2/26/2013 11. H. 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. 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 81 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -656- 2/26/2013 11. H. exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other. professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by. the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct 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 5.13, 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 any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 82 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -657- 2/26/2013 11. H. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be 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: 83 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -658- 2/26/2013 11. H. 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. 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 84 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -659- 2/26/2013 11.H. the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 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 85 Construction Services Agreement for Public Utilities: Revised 08/9512012 Packet Page -660- 2/26/2013 11. H. 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. 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 86 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -661- 2/26/2013 11. H. Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor 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 87 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -662- 2/26/2013 11. H. Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and 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. as Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -663- 2/26/2013 11.H. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19.., Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 89 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -664- 2/26/2013 1 1.H. 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor I 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 90 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -665- 2/26/2013 11.H. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (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 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 91 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -666- 2/26/2013 11. H. CONSULTANT 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. 92 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -667- 2/26/2013 11. H. 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. Other supporting documents may found at: http: //bid.colliergov.net /bid/ 93 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -668- 2/26/2013 11.H. EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ and titled: Specifications 94 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -669- 2/26/2013 11. H. EXHIBIT K: PERMITS Supporting documents found at: http: / /bid.colliergov.netibidl and titled: NIA 95 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -670- 2/26/2013 11. H. EXHIBIT L: STANDARD DETAILS Supporting documents found at: http: / /bid.colliergov.neVbid/ and titled: N/A 96 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -671- 2/26/2013 11. H. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.coiliergov.net/bid/ and titled: Plans 97 Construction Services Agreement for Public Utilities: Revised 08/1512012 Packet Page -672- 2/26/2013 11. H. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project- Manager 98 Construction Services Agreement for Public Utilities: Revised 08/15/2012 Packet Page -673-