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#08-5035 (Southeastern Communication Services, Inc.)
Building F Generator & Electrical Upgrade COLLIER COUNTY BID NO. 08 -5035 COLLIER COUNTY, FLORIDA Design Professional: Thomas J. Lepore, P.E. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Thomas J. Lepore, P.E. and identified as follows: Building F Generator & Electrical Upgrade as shown on Plan Sheets 1 through 6. EXHIBIT N: Contractor's List of Key Personnel PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Building F Generator & Electrical Upgrade COUNTY BID NO. 08 -5035 Separate sealed bids for the construction of Building F Generator & Electrical Upgrade, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 16th day of January, 2008, 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 3rd day of January, 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Building F Generator & Electrical Upgrade Bid No. 08- 5035 and Bid Date of January 16, 2008 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the Collier County Purchasing Department E- Procurement site: www.colliergov.net /bid. Bidding Documents obtained from sources other than Collier County Purchasing Department may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either 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. GC -PN -1 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 one hundred twenty (120) 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 13th day of December. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk /CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the G C -I B -1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 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 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 Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -I B -2 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 GC -I B -3 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal 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 surreys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. GC -I B -4 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid 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 and 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 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 the offices of the Purchasing Director. 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. GC -I B -5 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these 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 GC -IB -6 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public 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." 191GE N "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -6588 ADDENDUM DATE: January 11, 2008 http://colliergov.net TO: Interested Bidders FROM: Scott D. Johnson SUBJECT: Addendum # 2 — Bid # 08 -5035 "Building F Generator & Electrical Upgrade " Addendum #2 covers the following change for the above - referenced Bid: Replace: the Contract Proposal (pages GC -P -2) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Mark Callis, Facilities Management Department at 239/774 -8380 or me at 239/774 -8995 or by e -mail at ScottJohnson@colliergov.net. NOTE: Words strut throws„ -have been deleted, words underlined have been added. Gti■1�F7iZaF11f� 08 -5035 Revised Bid schedule ALTERNATE NO.1(PORTABLE GENERATOR) PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. Unit Price #1 Duct Bank Installed Per Linear Feet $ Unit Price 42 Manhole $ PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. Unit Price 43 Generator, Feeder and Control Installed "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -6588 http://colliergov.net ADDENDUM DATE: January 11, 2008 TO: Interested Bidders FROM: Scott D. Johnson SUBJECT: Addendum # 1 — Bid # 08 -5035 "Building F Generator & Electrical Upgrade " Addendum #1 covers the following change for the above - referenced Bid: Change: 1. New bid opening date; January 23, 2008 @ 2:30 p.m. 2. Final completion timeframe shall be two hundred ten (210) days from the notice to proceed Add: Please review the attachment "Revision A ", 10 drawing pages Replace: the Contract Proposal (pages GC -P -1) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Mark Callis, Facilities Management Department at 239/774 -8380 or me at 239/774 -8995 or by e -mail at ScottJohnson@colliergov.net. NOTE: Words st+uc-k -through -have been deleted, words underlined have been added. cc: Mark Callis 08 -5035 Revised Bid schedule ALTERNATE NO.1 (PORTABLE GENERATOR) PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. Unit Price #1 Duct Bank Installed Per Linear Feet $ Unit Price 42 Manhole PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. Unit Price #3 Generator Feeder and Control Installed Per Linear Feet ALTERNATE NO. 1 (PORTABLE GENERATOR PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. LIST OF DRAWINGS: G -1 - PROPOSED ELECTRICALROOMK PLAN & EMERGENCY GENERATOR ROOM DEMOLITION PLAN G -2 - SITE PLAN E -1 - EMERGENCY GENERATOR & MAIN ELECTRICAL ROOM (EXISTING) E -2 - EXISTING RISER DIAGRAM & DISTRIBUTION PANEL SCHEDULES E -3 - PROPOSED EMERGENCY GENERATOR & MAIN ELECTRICAL ROOM PLAN E -4 - PROPOSED RISER DIAGRAM & DISTRIBUTION PANEL SCHEDULES E -5 - GENERATOR SYSTEM SPECIFICATIONS AND DETAILS E -6 - SITE PLAN M -1 - MECHANICAL PLAN F -1 - FIRE ALARM PLAN & FIRE SPRINKLER PLAN LETTER OF TRANSMITTAL PELICAN ENGINEERING CONSULTANTS, LLC 1660 Trade Center Way Naples, Florida 34109 PHONE: (239) 597 -7544 FAX: (239) 597 -6363 TO: Collier Date: January 10, 2008 Job No 70406 Purchasing Attention: Scott D. Johnson, Purchasing Agent Trail East, Building G RE: Collier County Gov't Complex 12 Building F WE ARE SENDING YOU X Attached Copy of Letter Originals _ Specifications Electrical Drawings Change Order Energy Calculations Under separate cover via _ Prints _ Mechanical Drawings X Computer Disc the following items: _ Shop Drawings _ Plumbing Drawings Return of Manual COPIES DATE NO. DESCRIPTION 1 1/10/08 CD — PDF Files — Revision A Drawings CD — Rev A — 118/08 — PDF Files THESE ARE TRANSMITTED as checked below: X For Your Use _ For Approval X As Requested For Review and Comment REMARKS: Approved as Submitted _ Approved as Noted Returned for Corrections Other: COPIES TO: File SIGNED: Resubmit_ Copies for Approval Submit _ Copies for Distribution Return _ Corrected Prints For Bids Due: CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Building F Generator & Electrical Upgrade BID NO. 08 -5035 Full Name of Bidder Southeastern Communication Service, Inc. Main Business Address 2017 Cattlemen Rd., Sarasota, FL 34232 Place of Business Sarasota, FL 34232 Telephone No. 941 .378.0080 Fax No. 941 .378.0811 State Contractor's License # CCCO62366 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. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement l6cluded 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: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. ORI GAL GC -P -1 08 -5035 Revised Bid schedule ALTERNATE NO.1 (PORTABLE GENERATOR) PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT, THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. 94,650.00 UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. Unit Price #I Duct Bank Installed Per Linear Feet $ 768.00/LF ($230,400.00 for 300 LF) Unit Price #2 Manhole $ 14, 000.00 PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. Unit Price #3 Generator, Feeder and Control Installed $ 915,835.00 0 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. 1. 2. 3. 4. F, MATERIAL Panels w/ TVSS Generator & ATS Manholes Fire Pump Controller AC Unit Dated 1/17/08 MANUFACTURER Square D Company Cummins Power Generation, Inc. oldcastle Precast, Inc. Joslyn Clark Corporation Carrier Anntheastern Communication Service. Inc. Bader 7 BY: GC -P -3 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors 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. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (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. Category of Work 1. Electrical installations 2' Concrete & civil 3• AC installation 4. Fire pump control & alarm instal. 5. Dated 1/17/08 Subcontractor and Address BAM Services. LLC 3310 Bobcat Trail, Lake Wales FL 33898 Start To Finish Construction, Inc. 5245 Wauchula Rd., Myakka City FL 34251 Custom Air 6384 Power In., Sarasota FL 34240 Building Systems Evaluations Inc. 3056 Palm Ave., Ft. Myers FL 33901 Southeastern Communication Service, Inc. Bader BY: GC -P-4 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. Cl 5. Project and Location I-95 Generators,,-var FL locations 2007 - ongoing Satellite Lift Station Generators var locations, 2007 Sprint /Nextel Site Generators var locations, 2005 - ongoing Emergency Generator installations 6 FL locations, 2004 Juno Police Dept Emergency Gen 2004 Reference Florida Department of Transportation Randy Pierce 850.410.5608 Manatee County Jeffery Mertens 941.708.7450 Vipperman Consulting, Inc. Claudine Vipperman 407.491.0872 Florida Department of Transportation Nick Adams 850.410.5609 Town of Juno Beach Matthew Pazanski 561.626.1122 SR -6 Shelter /Generator Upgrade Florida Department of Transportation Jennings, FL Dated 1/17/08 M GC -P -5 Pierce 850.410.5608 Southeastern Communication Service, Inc. 1. 2. 3. 4. 5. 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) Manhole locations trench sloping/ SY 30 $100.00 $3,000.00 benching Florida Statute 553.63 TOTAL $ 3,000.00 Failure to complete the above may result in the Bid being declared non - responsive. 1/22/08 M GC -P -6 Southeastern Communication Service, Inc. Bidder U 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 Owners 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 ninety (90) 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 one hundred twenty (120) 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 Sarasota Christopher P. Lester , 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. Christopher P. Lester , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC -P -7 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida I which operates under the legal name of Southeastern Communication Service, Inc. and the full names of its officers are as follows: President Christopher P. Lester Secretary. Andy Hidalgo Treasurer Joe Heater Manager Tony Ankersmit The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken July 19, 2005 , 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 The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED 1/22/08 GC -P -8 Southeastern Communication Service, Inc. legal entity 0 BY: _� �J"o Witn/eess !Y" Witness STATE OF Florida COUNTY OF Sarasota Christopher P. Lester Name of Bidder (Typed) Title The foregoing instrument was acknowledged before me this 22ndday of January 20018by Christopher P. Lester as President of Southeastern Communication Service, Inc,, a Florida corporation, on behalf of the corporation. He she is� personally known fo or has produced as identification and did (did not) take an oath. My Commission Expires: �U�Al (Signature of Notary) GIBBS 0623361 in 23 11 % NAME: Ti- " °" "' `° (Legibly Printed) . �. , r� (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: GC -P -9 31370•iO4r. KNOW ALL MEN BY THESE PRESENTS, that we Southeastern Communication Service, Inc. (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland with its principal offices in the city of Seattle, WA and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government (hereinafter called the Owner), in the full and just sum of Five Percent of the Total Amount Bid - - - - - - - - - - - - - - - dollars-($ 5% of the Total Amou t 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 Building F Generator & Electrical Upgrade Bid N©. 08 -5035 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $1, 240, 885.00 noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC -P -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 11th day of January , gwVX 2008 M Southeastern Communication Service, Inc. Principal (Seal) Fidelitj and lbeposit Comb /my of Maryland Surety Marina Tapia, Attorney -in -Fact (Seal) Countersigned f' ti II I t% Joseph M. Pietrangelo, Resident Agent Local Resident Producing Agent for Aon Risk Services, Inc. of Florida 1001 Brickell Bay Drive, Suite lloo, Miami, FL 33131; (305) 961 -6218 GC -P -11 State of California County of Los Angeles On January 11, 2008 before me, M. Gonzales, Notary Public personally appeared Marina Tapia personally known to me (of pfeved to vne M the h..g-;-q of S-Piti ,F cter-.. e .iden e to be the person(s) whose name(&) is /are subscribed to the within instrument and acknowledged to lime that he /she /tl+e -y executed the same in leis /her /theif authorized capacity(ies), and that by leis /her /4+eir signature( &) on the instrument the person(s), or the entity upon behalf of which the person( &) acted, executed the instrument. WITNESS my hand and official seal. M. GONZALES I m i COMM. 41605728 A NOTARY PUBLIC- CALIFORNIA Co I R LOS ANGELES COUNTY My Comm. Ezpt == `i M. Gonzales, Notary Public Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation o f the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, In pursuance of authority granted by Article VI, Section 2, of the By Laws of said yp ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d f� a�s�rereby nominate, constitute and appoint Marina TAPIA, of Los Angeles, California, its aw nt omey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a Q d undertakings, and the execution of such bonds or undertakings in puts ent g upon said Company, as fully and amply, to all intents and purposes, \�a( ° my e wledged by the regularly elected officers of the Company at its office in ky�hlq�ne' f� p`ot56ns. This power of attorney revokes that issued on behalf of Marina TABIAA 1 6. 20037CA N The said Assistant Sbc o�`(�r� d£Q'fhat the extract set forth on the reverse side hereof is a true copy of Article VI Section 2, of the By- a° C any, and is now in force. IN WITNESS W OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of May, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0-S State of Maryland �ss: City of Baltimore Eric D. Barnes Assistant Secretary i By: Theodore G. Martinez On this 30th day of May, A.B. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seai the day and year first above written. ®R, ?O : -F 052 -32658 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 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 ofthe-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. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <*Bid Number; <*Project Name; aOpening Date. 12. 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 Southeast�/eern(JCor[¢nunic on Service, Inc. JBidr aUf�tC AVP �n Signatu e & Title DATE:_ 1/22/08 GC -P -12 Quotation CUMMINS POWER SOUTH LLC 2671 Edison Ave. Fort Myers FL 33916 United States Direct: (239)337 -1211 January 8, 2008 Project Name: Collier Co. Bldg. F Quotation: 100532000000265675 Thank you for your inquiry. We are pleased to quote as follows: USD Item Description Qty Transfer Switch -Power Command: 300A /400A /600A OTPC400 Transfer Switch- Onan,PwrCmd,400 Amp 1 A029 -7 Poles -4 1 A035 -7 Application - Utility To Genset 1 A046 -7 Listing -UL 1008 /CSA Certification 1 A044 -7 Frequency -60 Hertz 1 A042 -7 System -3 Phase,3 Wire Or 4 Wire 1 R026 -7 Voltage -480 Vac 1 8001 -7 Cabinet -Type 1 1 CO24 -7 Control- Transfer Switch,Level 2 1 D009 -7 Meters -Bar Graph Display 1 M017 -7 Switch, Key, Front Panel Security 1 M018 -7 Dispiay - Digital 1 M022 -7 Monitoring -Load 1 G007 -7 Transfer Switch Warranty -5 Yr Comprehensive 1 CPO 1 -7 Common Parts Listing 1 SPEC -A Product Revision - A 1 Start-up & Training 1 Bypass Transfer Switch -Power Command: 600A /800A /1000A BTPC800 Transfer Switch- Bypass,PwrCmd,800Amp 1 A029 -7 Poles -4 1 A035 -7 Application - Utility To Genset 1 A046 -7 Listing -UL 1008 /CSA Certification 1 A044 -7 Frequency -60 Hertz 1 A042 -7 System -3 Phase,3 Wire Or 4 Wire 1 R026 -7 Voltage -480 Vac 1 8001 -7 Cabinet -Type 1 1 CO24 -7 Control- Transfer Switch,Level 2 1 D009 -7 Meters -Bar Graph Display 1 M017 -7 Switch, Key, Front Panel Security 1 M018 -7 Display - Digital 1 M022 -7 Monitoring -Load 1 M023 -7 Module -Relay Signal 1 M007 -7 Load Shed -From Emergency 1 G007 -7 Transfer Switch Warranty -5 Yr Comprehensive 1 A050 -7 Packing - Wooden Crate 1 CP01 -7 Common Parts Listing 1 SPEC -A Product Revision - A 1 Start-up & Training 1 Transfer Switch -Power Command: 800A /1000A OTPC800 Transfer Switch- Onan,PwrCmd,800 Amp 1 A029 -7 Poles -4 1 A035 -7 Application - Utility To Genset 1 A046 -7 Listing -UL 1008 1CSA Certification 1 A044 -7 Frequency -60 Hertz 1 A042 -7 System -3 Phase,3 Wire Or 4 Wire 1 R026 -7 Voltage -480 Vac 1 8001 -7 Cabinet -Type 1 1 CO24 -7 Control- Transfer Switch,Level 2 1 D009 -7 Meters -Bar Graph Display 1 M017 -7 Switch, Key, Front Panel Security 1 M018 -7 Display - Digital 1 M022 -7 Monitoring -Load 1 G007 -7 Transfer Switch Warranty -5 Yr Comprehensive 1 CP01 -7 Common Parts Listing 1 SPEC -A Product Revision - A i Start-up & Training 1 Transfer Switch -Power Command: 1000A/1200A OTPC1200 Transfer Switch- Onan,PwrCmd,1200 Amp 1 A078 -7 Transfer Mode - Delayed Transition 1 A029 -7 Poles -4 1 A035 -7 Application- Utility To Genset 1 A046 -7 Listing -UL 1008 1CSA Certification 1 A044 -7 Frequency -60 Hertz 1 A042 -7 System -3 Phase,3 Wire Or 4 Wire 1 R026 -7 Voltage -480 Vac 1 B025 -7 Cabinet -Type 4X Stainless 1 CO24 -7 Control- Transfer Switch,Level 2 1 D009 -7 Meters -Bar Graph Display 1 M017 -7 Switch, Key, Front Panel Security M018 -7 Display- Digital M022 -7 Monitoring -Load G007 -7 Transfer Switch Warranty -5 Yr Comprehensive A050 -7 Packing - Wooden Crate CPO 1 -7 Common Parts Listing SPEC -C Product Revision - C Start-up & Training Transfer Switch -Power Command: 300A /400A/600A OTPC400 Transfer Switch- Onan,PwrCmd,400 Amp A029 -7 Poles -4 A035 -7 Application - Utility To Genset A046 -7 Listing -UL 1008 /CSA Certification A044 -7 Frequency -60 Hertz A042 -7 System -3 Phase,3 Wire Or 4 Wire 8026 -7 Voltage -480 Vac B025 -7 Cabinet -Type 4X Stainless CO24 -7 Control- Transfer Switch,Level 2 D009 -7 Meters -Bar Graph Display M017 -7 Switch, Key, Front Panel Security M018 -7 Display - Digital M022 -7 Monitoring -Load G007 -7 Transfer Switch Warranty -5 Yr Comprehensive CP01 -7 Common Parts Listing SPEC -A Product Revision - A Start-up & Training 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Diesel Genset: 60Hz- 1000 1900kW Install- US -Stat Installation -In USA,Stationary 1000DQFAD Genset- Diesel,60Hz,1000kW A331 -2 Duty Rating- Standby Power L098 -2 Emissions- Cert,EPA,Tier2,NR Compression Ignition R002 -2 Voltage- 277/480,3 Phase,Wye,4 Wire 8284 -2 Alternator- 60Hz,3Ph,Wye,Ext.Rng.,80C /IMS H611 -2 SetCntl- PCC, Basic, NoAlpha /AnalgDisp H536 -2 Display Language - English A362 -2 Heater - Control Cabinet,120VAC H605 -2 Display- Control,GmPhical H606 -2 Meters -AC Output,Analog K974 -2 Run Relays -Three 3 Pole Double Throw KP60 -2 Interface- CommunicationsNtwk, FTT -10 H679 -2 Control Mounting -Front Facing A292 -2 Heater - Alternator, 120 Volt AC KP79 -2 Circuit Breaker Or Entrance Box -Left Side Only KP89 -2 CB- 1200A,3P, 600 /690V,UL/I EC, ServEnt,100 %UL,Left 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 H666 -2 E126 -2 H389 -2 E098 -2 H556 -2 D041 -2 L031 -2 L050 -2 F169 -2 Z555 -2 CP01 -2 SPEC -A 0402 - 0750 -01 0416 -0527 0541- 0814 -02 Batteries & Walk -in 6200 Gallon RFQ # 7447 Genset Manual ATS Manual Indication- Ground Fault, 3 -Pole Xfr Sw, Rmt Mt CT EngineCooling- Enhanced HighAmbient Air Temperature Shutdown -Low Coolant Level Sight Glass - Coolant Level Coolant Heater- 208/2401480V, 40F Minimum Ambient Temp Engine Air Cleaner- Normal Duty Genset Warranty -5 Year Comprehensive Literature - English Bumpers- Shipping Protection Nonconfigurable Specification Common Parts Listing Product Revision - A Vibration Isolator -Qty Of One- 4800Lb Max Battery Rack & Holddown Assembly Annunciator Kit -w /Enclosure Start-up & Training aluminum sound attenuated enclosure Base Fuel Tank (UL142) (2) 400 amp breakers Operation and Maintenance Operation and Maintenance 1 1 1 1 1 1 1 1 1 1 1 1 10 1 1 1 1 1 1 3 3 Diesel generator set QST30 series engine EPA emissions Description Features Cummins Power Generation commercial generator sets are fully integrated power generation systems providing optimum performance, reliability and versatility for stationary and prime power applications. This generator set designed in facilities certified to ISO9001 and manufactured in facilities certified to IS09001 or ISO9002. Engine certified to U.S. EPA Nonroad Source U.S. EPA Emissions Standards, 40 CFR 89, Tier 2. Cummins` heavy -duty engine - Rugged 4- cycle, industrial diesel delivers reliable power, low emissions and fast response to load changes. Alternator - Several alternator sizes offer selectable motor starting capability with low reactance 2/3 pitch windings, low waveform distortion with non- linear loads and fault clearing short- circuit capability. Permanent magnet generator (PMG) - Offers enhanced motor starting and fault clearing short- circuit capability. Control system -The PowerCoirimando electronic control is standard equipment and provides total genset system integration including automatic remote starting /stopping, precise frequency and voltage regulation, alarm and status message display, AmpSentryTM protection, output metering, auto- shutdown at fault detection and NFPA 110 Level 1 compliance. Cooling system - Standard integral set - mounted radiator system, designed and tested for rated ambient temperatures, simplifies facility design requirements for rejected heat. NFPA - The genset accepts full rated load in a single step in accordance with NFPA 110 for Level 1 systems. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. The Prototype Test Support (PTS) program rK verifies the performance integrity of the generator set design. Cummins Power Data sheets Generation oroducts bearina the PTS svmbol 60 Hz kW (kVA) meet the prototype test requirements of NFPA 60 Hz kW (kVA) 110 for Level 1 systems. 60 Hz kW (kVA) 50 Hz kW (kYA) 60 Hz All low voltage models are CSA certified to S 5 product class 4215 -01. The generator set is available Listed to UL 2200, Stationary Engine Generator U .Assemblies. The Category NiT d control U.S. is Listed to UL 508 - Category NITW7 for U. � and Canadian usage. Circuit breaker 800 1000 assemblies are UL 489 Listed for 100% 725 907 continuous operation and also UL 869A Listed Service Equipment. Engine certified to U.S. EPA Nonroad Source U.S. EPA Emissions Standards, 40 CFR 89, Tier 2. Cummins` heavy -duty engine - Rugged 4- cycle, industrial diesel delivers reliable power, low emissions and fast response to load changes. Alternator - Several alternator sizes offer selectable motor starting capability with low reactance 2/3 pitch windings, low waveform distortion with non- linear loads and fault clearing short- circuit capability. Permanent magnet generator (PMG) - Offers enhanced motor starting and fault clearing short- circuit capability. Control system -The PowerCoirimando electronic control is standard equipment and provides total genset system integration including automatic remote starting /stopping, precise frequency and voltage regulation, alarm and status message display, AmpSentryTM protection, output metering, auto- shutdown at fault detection and NFPA 110 Level 1 compliance. Cooling system - Standard integral set - mounted radiator system, designed and tested for rated ambient temperatures, simplifies facility design requirements for rejected heat. NFPA - The genset accepts full rated load in a single step in accordance with NFPA 110 for Level 1 systems. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. X2007 1 Cummins Power Generation Inc. 191 fights reserved I specifications subject to change without notice I Cummins Power Generation and Cummins are registered trademarks of Cummins Inc. PowerCommand, AmpSentry and 'Our energy working for you "are trademarks of Cummins Power Generation. ONer company, product or semce names may be trademarks or service marks of others. S -150GC ("7) Standby rating Prime rating Continuous rating Data sheets Model 60 Hz kW (kVA) 50 Hz kW (kYA) 60 Hz kW (kVA) 50 Hz kW (kVA) 60 Hz kW (kVA) 50 Hz kW (kYA) 60 Hz 50 Hz DQFAA 750 938 680 850 D -3329 DQFAB 800 1000 725 907 D-3330 DQFAC 900 1125 818 1023 D -3331 DQFAD 1000 1250 900 1125 0-3332 X2007 1 Cummins Power Generation Inc. 191 fights reserved I specifications subject to change without notice I Cummins Power Generation and Cummins are registered trademarks of Cummins Inc. PowerCommand, AmpSentry and 'Our energy working for you "are trademarks of Cummins Power Generation. ONer company, product or semce names may be trademarks or service marks of others. S -150GC ("7) Generator set specifications Governor regulation class IS08328 Pa;; � 1 Class G3 Voltage regulation, no load to full load t 00.5.5% Random voltage var iation m % Frequency regulation Isochronous Random frequency variation f 0.25% Radio frequency emissions compliance IEC 801.2 through IEC 801.5; MIL STD 461C, Part 9 Engine specifications Design 4 cycle, V- block, turbocharged and low temperature aftercooled Bore 140 mm (5.51 in) Stroke 165.0 mm (6.5 in) Displacement 30.51itres (1860 in') Cylinder block Cast iron, 60'V 12 cylinder Battery capacity 1800 amps minimum at ambient temperature of -18 °C to 0 °C 0 'F to 32 °F) Battery charging alternator 35 amps Starting voltage 24 volt, negative ground Fuel system Direct injection: number 2 diesel fuel Fuel filter Tripl element, 10 micron filtration, spin -on fuel filter with water separe ator Air cleaner type Dry replaceable element Lube oil filter type(s) Four spin -on, combination full flow filter and bypass filters Standard cooling system High ambient radiator Alternator specifications Design Brushless, 4 pole, revolving field Stator pitch _ Rotor _2/3 Single bearing, flexible disc Insulation system - Class H on low and medium voltage, Class F on high voltage Standard temperature rise 150 °C standby Exciter type PMG (permanent magnet generator) Phase rotation A (U), B M, C (W) Alternator cooling Direct drive centrifugal blower fan AC waveform total harmonic distortion < 5% no load to full linear load. < 3% for any single harmonic Telephone influence factor (fIF) < 50 per NEMA MG1 -22.43 Telephone harmonic factor (THF) < 3 Available voltages 50 Hz line- neutrallline -tine • 120/208 • 220/380 • 240/416 • 347/600 • 139/240 • 230/400 • 277/480 Note: Consult factory for other voltages. Generator set options and accessories Engine 0 Remote fault signal package Exhaust system 0 208/240/480 V coolant heater 0 Run relay package 0 Industrial grade exhaust for ambient above 4.5 °C Alternator silencer ( °t7 0 80 °C rise alternator ❑ 208/24 0/480 el coolant heater 0 Residential grade exhaust silencer for ambient below 4.5 °C 0 105 °C rise alternator 0 Critical grade exhaust (40 IF) 0 125 °C rise alternator silencer 0 120/240 V, 300 W, anti- Control panel condensation heater Cooling system 0 120/240 V, 100 W control 0 Temperature sensor - RTDs, 0 Remote radiator cooling anti - condensation space 2/phase heater 0 Temperature sensor - alternator Generator set 0 Paralleling configurations bearing RTD 0 AC entrance box 0 Differential current transformers 0 Batteries ' Note: Some options may not be available on all models - consult factory for availability. Our energy working for you: m www cumminsoower com 0 Battery rack w/hold -down - floor standing 0 Circuit breaker - set mounted • Disconnect switch - set mounted • PowerCommand Network • Remote annunciator panel • Spring isolators 0 2 year warranty 0 5 year warranty 0 10 year major components 12007 I Cummins Power Generatica Inc I All rights reserved i specifications subject to change without notice ! Cummins Power Generation Power and Cummins are registered trademarks of Cummire ir. Pmr tiComma C, Ampeentry and 'our energy working for You are trademe Of Generation Cummins Power Generation. other company, product or a"ce names may be trademarks °r service mount of others. s-t 5tec IEr71 Control system Operator panel features Analog AC metering panel - Provides color -coded display of generator set output voltage, current, frequency, power factor and kW. Ail phases of voltage and current are simultaneously displayed. Easy to see output status from a distance. Graphical data display - Allows operator to view all engine and alternator data; perform operator adjustments for speed, voltage and time delays; view fault history; and set up and adjust the generator set (set up requires password access). A portion of the display is allocated to display system status including alarm and shutdown conditions. Display is controlled by sealed membrane switches. Up to 9 lines of data can be displayed with approximately 26 characters per line. LED status lamps - The status lamps indicate remote start command (green), not in auto (red - flashing), warning (amber) and shutdown (red). !Node selector switch - Off /manual /auto and run /stop switches allow remote automatic starting or manual starting from the operator panel. Panel includes an LED lamp to indicate manual mode operation. Exerciser switch - Automated exercise function in the control allows an operator to initiate an exercise period and have it automatically completed by the control. Fault reset switch - Allows the operator to reset the control after a warning or shutdown condition. LED lamp with switch indicates that a fault is present on the system. Panel lamps and switch - Operator panel can be illuminated by a series of high- intensity LED lamps controlled by a membrane switch on the panel. Panel lamps include a time delay to automatically switch off after a preset time period. Emergency stop switch - Provides positive and immediate shutdown of the generator set on operation. Construction - Operator panel is a sealed design with membrane switches for most functions. Mechanical switches are oil -tight design. Plug interfaces are provided to the generator set control system. Display panel labeling is configurable for language. Our energy working for you: r www.cumm i nsnower.com Standard control functions • Integrated isochronous governing and fuel control system. • Integrated 3 -phase sensing voltage regulation system with automatic single and three phase fault regulation. • Integrated AC protective functions include over /under voltage, short- circuit, overcurrent (warning and shutdown) and overload. • Integrated engine management system including configurable cycle- cranking functions and configurable start sequence. • Comprehensive warning and shutdown protection including customer configurable warning and shutdown conditions. • Comprehensive data displays including 3 -phase AC voltage, current, power factor, kW and kVA; engine oil pressure, coolant temperature, DC volts and other service functions; operating history (load and fault conditions) and system setup information. Options 0 Integrated digital paralleling controls including options for semi - automatic and automatic (isolated bus) applications. ❑ LonMark compliant network interface. ❑ Control anti - condensation heater. ❑ Key -type mode select switch. ❑ Relay outputs for genset running, common warning and common shutdown. ❑ Exhaust temperature alarm. ❑ Alternator temperature alarm(s). ❑ CentinelT" lube oil burn system. ❑ Power transfer control function to allow generator set to control remote power circuit breakers for open, fast closed or soft (ramping) power transfer from a utility source to the genset (2 minute maximum fail -to- disconnect timer). ,2007 I Cummins Power Generation Inc I All rights reserved I sPecfications subject to change .&.t notice I Cummins Pourer Genaraticn A9FW Power aM Cuecmlre are registered trademarks of Cummins Irc, PowerGOmmanq AmpSentry and'Our en =_rgf working for yeu.' are lmdemaM1S of Generation Cumntins Power Generation. Ober company, product or service names may be hademark5 or service marks of othars. 8-1 508c (8107) a Ratings definitions Standby: Applicable for supplying emergency power for the duration of normal power interruption. No sustained overload capability is available for this rating. This rating is applicable to Installations served by a reliable normal utility source. This rating is only applicable to variable loads with an average load factor of 80 percent of the standby rating for a maximum of 200 hours of operation per year and a maximum of 25 hours per year at 100% of its standby rating. The standby rating is only applicable to emergency and standby applications where the generator set serves as the back up to the normal utility source. No sustained utility parallel operation is permitted with this rating (equivalent to fuel stop power in accordance with IS03046, AS2789, DIN6271 and BS5514). Nominally rated. Prime (unlimited running time): Applicable for supplying power in lieu of commercially purchased power. Prime power is the maximum power available at a variable load for an unlimited number of hours. A 10% overload capability is available for limited time (equivalent to prime power in accordance with IS08528 and overload power in accordance with IS03046, AS2789, DIN6271 and BS5514). This rating is not applicable to all generator set models. Base load (continuous): Applicable for supplying power continuously to a constant load up to the full output rating for unlimited hours. No sustained overload capability is available for this rating. Consult authorized distributor for rating (equivalent to continuous power in accordance with 1808528, IS03046, AS2789, DIN6271 and BS5514). This rating is not applicable to all generator set models. ��y{�I�Ir !l■/ �i � iulowic� This outline drawing is for reference only. See respective model data sheet for specific model outline drawing number. Do not use for Instal /at /on des /on Model Dim "A° mm (in.) Dim "B" mm (in.) Dim "C" mm (in.) Set Weight* dry kg (Ibs) Set Weight" wet kg (Ibs) Set weight* w /tank dry k Ibs) Set weight- w /tank wet k Ibs DQFAA 4333 170.6 1999 78.7 2352 92.6 6673 14707 6971 15363 DQFAB 4333 170.6 1999 78.7 2352 92.6 6696 75199 7194 15855 DQFAC 4333 170.6 1999 8.7 2352 92.6 7375 16254 7672 16910 DQFAD 4333 170.6 1999 78.7 2352 92.6 7633 16824 7931 17480 Note: Weights represent a set with standard features. See outline drawings for weights of other configurations. Cummins Power Generation 1400 73' Avenue N.E. Minneapolis, MN 55432 USA Telephone: 763 574 5000 USA toll -free: 877 769 7669 Fax: 763 574 -5298 Our energy working for you: m www.cumminsooweccom 02007 1 Cummins Pnwer Generztipn Inc I All rights reserved I Speciriwtipns subject to change witho,n notice Cummins Power Genem! ion Power and Cummins are o,,zt =_red uadamorks of Cumming lno. PowerCemmand, AmpSentry and•Our energy working for ypu.'veVademzrks Of Generation Cum min. Power Ganeration. other company, product or service names may be trademarks or service marks of others_ S -150&c "V07) m Customer Quotation Phone* ()- Fax: ()- 0 SQUARE I7 Accessories Project Name: COLLIER COUNTY Fuses NOT Included Project Location: SARASOTA Customer Name: SOUTHEASTERN COMMUNICATION SERVICE Overloads NOT Included 02C Number: 24725524 Lamps NOT Included Quote Number: 1 11 Lug Kits NOT Included Item Number Quantity Catalog Number/ Details 001 -00 1 Designation: MDP (LINE TVSS PANELBOARD (INTERIOR) I -LINE PANELBOARD CONSISTING OF. 480Y/277 VAC 3PH 4W 60 HZ SCCR:65K MAIN: 1200A MAIN LUG INCOMING CONDUCTOR($): (4)310.750 kcmil AUCU BUS: COPPER TIN PLATING GROUNDEAR TYPE 1 86 "H X 42'W X 9.50'D INCOMING: BOTTOM 4 PIECE SURFACE BOX CAT #: HC4286DB FRONTCAT#:HCWBBTS REF. DRAWING: PEA 419 TYPE: HCP BRANCHES: (13) 2OA/3P -PS FI (1) 40OAr3P LX LSI (2) 800A/3P PJ SPECIAL FP= FILLER PLATE /PS= PREPARED SPACE, TVSS PEAK SURGE RATING /PHASE: 240KA, TVSS DRY CONTACTS. TVSS LINE TO GRID PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO): 15 Working Days 016 -00 1 Designation: MDP HC4286DB (BOX) HCW BOX 42"W 86 "H Estimated Ship Days (ARO); 4 Working Days 017 -00 1 Designation: MDP HCW86TS (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42 "W66"H Estimated Ship Days (ARO): 15 Working Days Unit Price Extended Price Page 1 of 6 PRINTED 1/1020081:38 PM ( 'd 095E'ON OIN10313 -MAUD Md Z 2006 01 NVf Custbrner Quotation Phone: Q- Fax: Q- c A _ Item Number Quantity Catalog Numbed Details 002 -00 1 Designadon: EDP ILINE TVSS PANELBOARD (INTERIOR) I -LINE PANELSOARD CONSISTING OF 480YI277 VAC 3PH 4W 60 HZ SCCR:65K MAIN: 1200A MAIN LUG INCOMING CONDUCTOR(S): (4)310 -750 kcmil AI /Cu BUS: COPPER TIN PLATING GROUND BAR TYPE 1 86 "H X 42"W X 9.50 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CAT #: HC4286D8 FRONT CAT #.HCW86TS REF. DRAWING PBA 419 T YPE: HCP BRANCHES: (13) 20A/3P FI (1) 400A/W LX LSI (2) 800A/3P PJ SPECIAL: TVSS PEAK SURGE RATING /PHASE: 2400 TVSS DRY CONTACTS, TVSS LINE TO GRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO): 15 Working Days 018 -00 1 Deslgnatlon: EDP HC4286DB (BOX) HCW BOX 42 "W 86 "H Estimated Ship Days (ARO): 4 Working Days 019 -00 1 Designation: EDP HCW86TS (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42"WB6 "H Estimated Ship Days (ARO): 15 Working Days unit Price Extended Price Page 2 of 6 PRINTED 111012008 1:38 PM b 'd 09s£ ON 01810313 —MAVd9 ME:Z soot of NVr Accessories Project Name: COLLIER COUNTY Fuses NOT Included Project Location: SARASOTA Customer Name: SOUTHEASTERN COMMUNICATION SERVICE Overloads NOT Included Q2C Number: 24725524 Lamps NOT Included Quote Number. 1 Lug Kits NOT Included Item Number Quantity Catalog Numbed Details 002 -00 1 Designadon: EDP ILINE TVSS PANELBOARD (INTERIOR) I -LINE PANELSOARD CONSISTING OF 480YI277 VAC 3PH 4W 60 HZ SCCR:65K MAIN: 1200A MAIN LUG INCOMING CONDUCTOR(S): (4)310 -750 kcmil AI /Cu BUS: COPPER TIN PLATING GROUND BAR TYPE 1 86 "H X 42"W X 9.50 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CAT #: HC4286D8 FRONT CAT #.HCW86TS REF. DRAWING PBA 419 T YPE: HCP BRANCHES: (13) 20A/3P FI (1) 400A/W LX LSI (2) 800A/3P PJ SPECIAL: TVSS PEAK SURGE RATING /PHASE: 2400 TVSS DRY CONTACTS, TVSS LINE TO GRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO): 15 Working Days 018 -00 1 Deslgnatlon: EDP HC4286DB (BOX) HCW BOX 42 "W 86 "H Estimated Ship Days (ARO): 4 Working Days 019 -00 1 Designation: EDP HCW86TS (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42"WB6 "H Estimated Ship Days (ARO): 15 Working Days unit Price Extended Price Page 2 of 6 PRINTED 111012008 1:38 PM b 'd 09s£ ON 01810313 —MAVd9 ME:Z soot of NVr Customer Quotation Phone, 0- Fax: 0- SGILIA E 33 Project Name; COLLIER COUNTY fuses NOT Included Project Location: SARASOTA Overloads NOT Included Customer Name: SOUTHEASTERN COMMUNICATION SERVICE Q2C Number: 24725524 Lamps NOT Included Quote Number: 1 Lug Kits NOT Included Item Number Quantity Catalog Number I Details 003.00 1 Designatlon: EQ ILINE TVSS PANELBOARD (INTERIOR) 1-UNE PANELBOARD CONSISTING OF 480Y/277 VAC 3PH 4W 60 HZ SCCR:65K MAIN: 800A MAIN LUG INCOMING CONDUCTOR(S): (3)310.750 kcmil AI,Cu BUS: COPPER TIN PLATING GROUND BAR TYPE 86 "HX42'WX 9.50 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CAT#: HC4288DB FRONT CAT#:HCW66TS REF. DRAWING: PEA 418 TYPE: HCP BRANCHES: (5) 30A/3P -PS FI (1) 3OA13PFI (2) 125A/3P KI (3) 150A/3P KI (3) 200A13P KI (4) 225A/3P KI (1) 100A/3P FI SPECIAL: FP =FILLER PLATEIPS =PREPARED SPACE, TVSS PEAK SURGE RATING /PHASE: 240KA, TVSS DRY CONTACTS, TVSS LINE TO GRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARD): 15 Working Pays 010 -00 1 Designation: EQ HC4266DB (BOX) HCW BOX 42'W 86 "H Estimated Ship Days (ARO): 4 Working Days 011 -00 1 Designation: EQ HCW85TS (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42'W86 "H Estimated Ship Days (ARO):15 Working Days Page 3 of 6 S 'd 098 ON Yllll r11Y0 Extended Price PRINTED 1/1012008 1:3B PM OI�I�313- 8V8Atl�9 Wd9E Z 804Z'Dl'Ntlf Customer Quotation Phone: (j- Fax: 0- Project Name: COLLIER COUNTY Fuses NOT Included Project Location: SARASOTA Customer Name: SOUTHEASTERN COMMUNICATION SERVICE Overloads NOT Included 02C Number. 24725524 Lamps NOT Included Quote Number: 1 Lug Kts NOT Included Item Number Quantity Catalog Number / Details 004 -00 1 Designation: CMP ILINE TVSS PANELBOARD (INTERIOR) I -LINE PANELBOARD CONSISTING OF 480YI277 VAC 3PH 4W 60 HZ SCCR :65K MAIN: 800A MAIN LUG INCOMING CONDUCTOR(S): (3)3/0 -750 kcmil AI /Cu BUS: COPPER TIN PLATING GROUND BAR TYPE 1 s6 "H X 42'W X 9.50 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CATIF. HC4286DB FRONT CATA:HCW66TS REF. DRAWING: PBA 418 TYPE! HCP BRANCHES: (15) 20At3P -PS Fl (1) 125A/3P KI (1) 225A/3P KI (1) 400A/3P LI SPECIAL: FP= FILLER PLATE /PS= PREPARED SPACE, TVSS PEAK SURGE RATING /PHASE: 240KA, TVSS DRY CONTACTS, TVSS LINE TO GIRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO): 75 Working Days 020 -00 1 Designation: CMP HC4286DB (BOX) HCW BOX 42 "W 66 "H Estimated Ship Days (ARO): 4 Working Days 021 -00 1 Designation: CMP HCWBGTS (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42'W86 "H Estimated Ship Days (ARO): 15 Working Days Unit Price Extended Price Page 4 o16 PRINTED 1110120081:3B PM 9 'd 09c� ON 9f810113AHAV89 MK :l 8001 01 NVf Customer Quotation Phone: 0- Fax: 0- sr3u Project Name: COLLIER COUNTY Fuses NOT Included Project Location: SARASOTA Customer Name: SOUTHEASTERN COMMUNICATION SERVICE Overloads NOT Included Q2C Number: 24725524 Lamps NOT Included Quote Number: 1 Lug Kits NOT Included Item Number Quantity Catalog Number I Details Unit Price Extended Price 005.00 1 Designation: LS ILINE TVSS PANELBOARD (INTERIOR) 1 -LINE PANELBOARD CONSISTING OF 480YI277 VAC 3PH 4W60 HZ SCCR:65K MAIN: 400A MAIN LUG INCOMING CONDUCTOR(S): (2)12.600 kcmll AI /Cu BUS: COPPER TIN PLATING GROUND BAR TYPE 1 "'H X 32'VV X 8.25 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CAT #: HC32646 FRONT CAT #'HCM64TS REF. DRAWING: PBA402 TYPE: HCM BRANCHES: (6) 20A13P -PS FI SPECIAL: FP= FILLER PLATE /PS= PREPARED SPACE, TVSS PEAK SURGE RAT(NG/PHASE: 240KA, TVSS DRY CONTACTS, TVSS LINE TO GIRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO): 15 Working Days 012.00 1 Designation: LS HC3264B (BOX) HCM BOX 32 "W 64 "H Estimated Ship Days (ARO): 4 Working Days 013 -00 1 Designation: LS HCM64TS (FRONT) HCM SURFACE 4 PC FRONT 32-W 64 "H Estimated Ship Days (ARO): 15 Working Days 006 -00 1 Designation: MP -1 ILINE TVSS PANELBOARD (INTERIOR) I -LINE PANELBOARD CONSISTING OF 480Y/277 VAC 3PH 4W 60 HZ SCCR:65K MAIN: 225A JL CIRCUIT BREAKER INCOMING CONDUCTOR(S): (1) 310 - 350 kcmil BUS: COPPER TIN PLATING GROUNO BAR TYPE 59 "HX42'VVX 9.50 "D INCOMING : BOTTOM 4 PIECE SURFACE BOX CAT#: HC42590B FRONT CAT#:HCW59TS REF, DRAWING: PSA 418 TYPE: HCP BRANCHES: (1) 20A/3P -PS F( (12) 20A/1PFH (1) 125AGP KI SPECIAL: FP= FILLER PLATEIPS= PREPARED SPACE, TVSS PEAK SURGE RATING /PHASE: 240KA, TVSS DRY CONTACTS, TVSS LINE TO GIRD PROTECT, STANDARD SOLID NEUTRAL Estimated Ship Days (ARO); 15 Working Days Page 5 of 6 PRINTED 1/1012008 1:38 PM C 'd 0958 ON 0Ia 10311- UAU0 Wd d 8042 Ol NVf Customer Quotation Phone: (1 Fax: 0 Project Name: COLLIER COUNTY Project Location: SARASOTA Customer Name: SOUTHEASTERN COMMUNICATION SERVICE 02C Number: 24725524 Quote Number: 1 Item Number Quantity Catalog Number/ Details 014 -00 1 Designation: MP -1 HC425ODS (BOX) HCW BOX 42 "W 59 "H Estimated Ship Days (ARO): 4 Working Days 015 -00 1 Designation: MP -1 HCW597S (FRONT) HCW,HCWM SURFACE 4 PC TRIM 42'W.9 "H Estimated Ship Days (ARO): 15 Working Days 007.00 1 EE30T3H Transformer Dry Type 30kVA 4BOD208YI20,150C 008 -00 1 DASKP700 LUG KIT 009.00 1 DASKS100 LUG KIT a r Fuses NOT Included Overloads NOT Included Lamps NOT Included Lug Kits NOT Included Unit Price Extended Price Page 6 of 6 PRINTED 1/10/2008 1:36 PM 8 'd 0998 'ON DI810313— �VBAV�D Wd98 b 8002 'Dl 'NUf Transfer switch BTPC open, closed, or delayed transition Description Features The Cummins Power Generation BTPC series bypass isolation transfer switch combines an automatic transfer switch with a drawout isolation mechanism and a manual bypass switch. It provides a redundant power transfer and retransfer capability for critical -need applications that require a reliable power supply to the load. For the most sophisticated applications requiring minimum power interruption during transfer, the BTPC with closed transition offers the best solution. By connecting both of the sources together for a period (not to exceed 100ms) transfer from the alternate source back to the normal takes place seamlessly without power interruptions. All switches are UL 1008 Listed with UL Type U Rated cabinets and UL Listed CU -AL st L terminals. All switches are certified to CSA 282 C" Emergency Electrical Power Supply for Buildings, up to 600 VAC. NEC Equipment shall be suitable for use in systems compliant to 700, 701 and 702. n110. All switches comply with NFPA 70, 99 and NFPA All switches comply with NEMA ICS 10. +IEEE All switches comply with IEEE 446 Recommended Practice for Emergency and Standby Power Systems. This transfer switch is designed and manufactured in facilities certified to ISO9001. Bypass to normal or emergency power source - The BTPC is a two - source system which can bypass the automatic transfer switch to engage normal or emergency power sources. Mechanical and electrical Interlocks - Reliable mechanical interlocks prevent source -to- source connections. An electrical interlock prohibits closing to a dead source. PowerCommandm control - A standard, fully featured microprocessor -based control. Software - enabled features, settings, and adjustments are available for ease of setup and accuracy. Optically isolated logic inputs and high isolation transformers for AC power inputs provide high - voltage surge protection. Communications capability - The BTPC transfer switch is capable of communicating with other transfer switches, accessories, with a SCADA network or with Cummins Power Generation generators utilizing LonWorks protocol. Main contacts - Heavy -duty silver alloy contacts are rated for total system transfer including overload interruption. Easy service /access - Plug connections, door - mounted controls, ample access space, and compatible terminal markings. Product lines and services - Cummins Power Generation offers a wide range of products and services to precisely suit your requirements. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. 02007 1 Cummins Power Generation Inc. I NI rights reserved I Specifications subject to change widNCut notice I Cummins Power Generation and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins Power Generation. Other company, product, or service names may be trademarks or service marks of others. s -12710 (10/07) Transfer switch mechanism Specifications • Manual bypass switch mechanism allows the operator to select either the normal or emergency source by closing the bypass contacts. Visual indicators show bypass source selected, bypass "closed" or "open" to either source, and automatic transfer switch isolation or "disable." • Isolation contacts allow the automatic transfer switch and the bypass switch to be separated electrically and mechanically. The automatic transfer switch is isolated by a drawout mechanism similar to that used on power circuit breakers. • The drawout mechanism can be latched in one of three positions: connected, test, and isolated. In the connected position the mechanism is locked. In the test position, the transfer switch is isolated but the controls receive power. In the isolated position, the switch is completely isolated. • The automatic transfer switch can be rolled out on extension rails and can be removed with overhead lifting equipment. Wheel- mounted carriages are standard on 1600 A to 4000 A models. • Protective safety shutters are provided on switches up to and including 1200 A, which cover the stationary power terminals on the bypass switch when the automatic transfer switch is isolated and removed. Voltage rating 600 VAC Arc interruption Leaf arc chutes cool and quench the arcs. See - through arc chute covers prevent interphase flashover and allow visual ins ection. Neutral bar A full current -rated neutral bar with lugs is standard on enclosed 3-pole transfer switches. Auxiliary contacts Easily accessible auxiliary contacts are rated at 10 A continuous and 250 VAC maximum. UL recognized, and CSA- certified. Operating temperature -40'F -40 'C to 140T (60'C) Storage temperature -40 "F -40 "C to 140 `F 60 `C Humidity Up to 95% relative, non-condensing ARHude U to 10,000 ft 3,000 m Surge withstand ratings Surge- tested for location category 133, per IEEE C 62.41. Testing per IEEE 62.45. Control tested to European Surge Test EN 61000 -4 -5. In -phase transition - The BTPC automatic transfer switch, equipped with In -phase monitor, determines when to transfer the load from one source to another. The switch contacts operate in a break - before -make sequence. The BTPC is field- configurable for delayed transition below 1000 amps. Delayed (programmed) transition - The BTPC is also available as a programmed (delayed) transition transfer switch. The delayed transition BTPC completely disconnects the load from both sources for an adjustable period of time to allow regenerative voltage to decay to a safe level prior to connections to the new source. By allowing motor fields to decay, nuisance tripping breakers and load damage are prevented. Delayed transition transfer is recommended by NEMA MG -1 Closed transition - Closed transition transfer is required in applications with loads sensitive to momentary power interruptions. The switch contacts operate in a make - before -break sequence. The BTPC with closed transition is available above 1000 amps. This allows the seamless transfer of critical loads from one source to another by paralleling the two sources momentarily (for less than 100 msecs). Our energy working for you.*'" www.cumminsoovyer.com 02007 1 Cummins Power Generation Inc. I NI rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommard and "Our energy working for you." us trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or service medics of others . S 1271 (10107 PowerCommand microprocessor control PowerCommand controls are microprocessor based and developed specifically for automatic transfer switch operation. The control provides features and options useful for most applications. Flash memory is used to store control settings. The contents of the memory are not lost even if power to the controller is lost. There is also an on -board battery to maintain the real -time clock setting and the engine start time delay. Control features include: Level 2 control Open transition (in -phase transition) Delayed transition (programmed transition) Closed transition (momentary overlap) Utility -to- genset applications Utility -to- utility applications Software adjustable time delays: Engine start: 0 to 120 sec Transfer normal to emergency: 0 to 120 sec Retransfer emergency to normal: 0 to 30 min Engine stop: 0 to 30 min Programmed transition: 0 to 60 sec Undervoltage sensing - 3 -phase normal, 3 -phase emergency Pickup: 85% to 98% of nominal voltage Dropout: 75% to 98% of pickup setting Dropout time delay: 0.1 to 1.0 sec Overvoltage sensing - 3 -phase normal, 3 -phase emergency Dropout: 105% to 135% of nominal voltage Pickup: 95% to 99% of dropout setting Dropout time delay: 0.5 to 120 sec Over /under frequency sensing Pickup: h5% to t20% of nominal frequency Dropout: f1 % beyond pickup Dropout time delay: 0.1 to 15.0 sec Voltage Imbalance sensing Optional analog bargraph Basic indicator panel Dropout: 2% to 10% Digital display Pickup: 90% of dropout Time delay: 2.0 to 20.0 sec Phase rotation sensing Time delay: 100 msec Loss of single phase detection Time delay: 100 msec Programmable genset exerciser - Eight events /schedules with or w/o load Basic Indicator panel Source available /connected LED indicators Test/exercise /bypass buttons Digital display - standard Analog bargraph metering - optional Date /time- stamped event record - 50 events Load sequencing (optional with Network Communications Module) Our energy working for you: r 02007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and 'Our energy working for you.- are tratlemarks of Cummins Generation Power Generation. Other company, product, or senace names may be trademarks or service marks of others. 5 1271n(10/07) Time -delay functions Engine start: Prevents nuisance genset starts in the event of momentary power system variation or loss. Not included in utility -to- utility systems. Transfer normal to emergency: Allows genset to stabilize before application of load. Prevents power interruption if normal source variation or loss is momentary. Allows staggered transfer of loads in multiple transfer switch systems. Retransfer emergency to normal: Allows the utility to stabilize before retransfer of load. Prevents needless power interruption if return of normal source is momentary. Allows staggered transfer of loads in multiple transfer switch systems. Engine stop: Maintains availability of the genset for immediate reconnection in the event that the normal source fails shortly after retransfer. Allows gradual genset cool down by running unloaded. Not included in utility -to- utility systems. Delayed (programmed) transition: Transfers load to neutral position, disconnected from sources, to allow inductive load voltages to decay. Fail to disconnect timer: Signals external device to disconnect either the genset or utility to prevent extended operation in parallel with the utility. User interfaces Basic Interface panel LED indicators provide at -a- glance source and transfer switch status for quick summary of system conditions. Test and Override buttons allow delays to be bypassed for rapid system checkout. Digital display (M018) The digital display provides a convenient method for monitoring load power conditions, adjusting transfer switch parameters, monitoring PowerCommand network status, or reviewing transfer switch events. Password protection limits access to adjustments to authorized personnel. The digital display comes standard with the Level 2 PowerCommand microprocessor control. User interface options Front panel security key [MO 117) Front panel access can be locked out using this option. Prevents unauthorized transfers or testing. Prevents unauthorized adjustments via the digital display. Analog bar graph meter (D009) An LED bar graph display provides easy to read indication for Normal and Emergency voltages and frequencies, load currents, power factor, and kilowatts. Green, amber, and red LED's provide at- a- glance indication of system acceptability. Available as an option with the Level 2 PowerCommand microprocessor control. Control options Relay signal module (11111023) Provides an adjustable transfer pre - signal time delay of 0 to 60 seconds to prevent interruption of power during elevator operation. Relay outputs include: Source 1 Connected and Available, Source 2 Connected and Available, Not in Auto, Test/Exercise Active, Failed to Disconnect, Failed to Synchronize, Failed to Transfer /Retransfer, and Transfer pre - signal (elevator signal). Loadshed (1i Removes the load from the emergency power source by driving the transfer switch to the neutral position when signaled remotely. Transfers load back to the emergency source when the signal contacts open. Immediate retransfer to the preferred source when it is re- established. PowerCommand network Interface (M031) Provides connection to the PowerCommand network. Lon Works compatible for integration into customer monitoring strategy. Load power and load current monitoring (M022) Measures load phase and neutral, current, power factor, real power (kW) and apparent power (kVA). Warns of excessive neutral current resulting from unbalanced or nonlinear loads. Note: Some options may not be available on all models - consult factory for availability. Our energy working for you?"' www.cumminsnowencom 02007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation cte Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you.- we trademarks of Cummins Generation Power Generation. Other company, product. or service names may be trademarks or service marks of others. &1271n itOro'i UL withstand and closing ratings The transfer switches listed below must be protected by circuit breakers or fuses. Referenced drawings include detailed listings of specific breakers or fuse types that must be used with the respective transfer switches. Consult with your distributor /dealer to obtain the necessary drawings. Withstand and Closing Ratings (WCR) are stated in symmetrical RMS amperes. Fuse protection MCCB protection Current limited breaker protection WCR @ volts max. with switch current limiting Max MCCB rating max with am ere fuses Max fuse size and type Drawing reference 150, 225, 260 Transfer specific 0098 -6889 With specific 1200 A Class L, T switch manufacturers Max MCCB Drawing current limiting Max CLB 1200 A Class L, T ampere MCCBs rating reference breakers (CLB) rating 1 Drawing reference 150, 225, 260 30,000 @ 480 400 A 0098 -6889 200,000 ® 480 400 A 0098 -6919 25,000 0 600 100,000 D 600 1600, 2000 000 ® 480 200,000 2500 A Class L 0098 -7311 300,400 42,000 @ 480 1200 A 0098 -6890 200,000 rd 480 1200 A 0098 -6923 42,000 @ 600 100,000 0 600 150,000 @ 600 4000 A Class L 0098 -7313 4000 200,000 (0 480 600, 800, 65,000 D 480 1400 A 0098 -6891 200,000 0 480 1400 A 0098 -6924 65,0000600 100,000 ® 600 1000 1000, 1200 85,0000480 85,000 D 480 (closed 65,000 Q 600 1600 A 0098 -7312 65,000 @ 600 1600 A Use MCCB ratings transition 1600, 2000 100,000 ® 480 2500 A 0098 -7311 100,000 0 480 2500 A Use MCCB ratings 85,000 D 600 85,000 D 600 3000 100,000 0 480 4000 A 0098 -7313 100,000 @ 480 4000 A Use MCCB ratings 85,000 ® 600 85,000 @ 600 4000 100,000 480 5000 A 0098 -8576 100,000 D 480 5000 A Use MCCB ratings 85,000 ®600 85,000 ®600 Fuse protection 3 cycle ratings Transfer WCR 0 volts Transfer max. with switch current limiting Max MCCB rating Drawing reference am ere fuses Max fuse size and type Drawing reference 150, 225, 260 200,000 rrl 600 600 A Class J, RK7, RK5 or 0098 -6889 100,000 ® 480 1200 A Class L, T 300,400 200,000 ® 600 600 A Class J, RK1, RK5 or 0098 -6890 3000 100,000 ® 480 1200 A Class L, T 0098 -7313 600, 800, 200,000 600 600 A Class J, RKi, RK5, 0098 -6891 1000 100,0000 ® 4600 80 1200 A Class T, or 2000 A Class L 098 -8576 1200 200,000 D 480 2000 A Class L 0098 -7312 150,000 0 600 1600, 2000 000 ® 480 200,000 2500 A Class L 0098 -7311 150, @ 600 200,000 ® 480 3000 150,000 @ 600 4000 A Class L 0098 -7313 4000 200,000 (0 480 6000 A Class L 0098 -8576 150,000 @ 600 3 cycle ratings Transfer WCR 0 volts switch max 3 cycle ampere rating Max MCCB rating Drawing reference 1200 50,000 @ 480 1600 A 0098 -7312 42,000 R 600 100,000 ® 480 1600.20W 4000 A 0098 -7311 85 ,000 ® 600 3000 100,000 ® 480 4000 A 0098 -7313 85,000 ® 600 4000 100,0000 ® 4600 80 5000 A 098 -8576 ®0 85,0 Our energy working for you?m www cumminspower corn 020071 Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working foryou." are trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademaks or service marks of others. 51271 n (10/07) e Enclosures The transfer switch and control are mounted in a key - locking enclosure. Wire bend space complies with 2005 NEC. Dimensions - transfer switch in UL type 1 enclosure Dimensions - transfer switch in UL type 311, 4, 4x, or 12 enclosure H Width Depth Weight 3- pole type Outline' drawing Door closed Door open Amp rating Amp rating into in mm in mm in mm lb kg kg 150, 225, 260 71.75 1822 36.00 915 22.75 578 55.20 1402 564 256 310 -0538 300, 400, 600 83.25 2115 36 914 22.75 578 55.2 1403 639 291 310 -0535 800, 1000 90.00 2290 48 1219 27.75 705 62.5 1588 1097 499 310 -0570 1000',12003-pole 90.00 2290 40 1016 27.00 686 67.0 1702 1980 898 310 -0566 1000', 1200 4- ole 90.00 2290 46 1168 27.00 686 73.0 1854 2185 991 310 -0566 1600,20003-pole 90.00 2290 40 1016 62.00 1575 102.0 2591 3085 1399 310 -0567 1600, 2000 4-pole 90.00 2290 50 1270 62.00 1575 112.0 2845 3650 1656 310 -0567 3000 3- ole 90.00 2290 40 1016 74.00 1880 114.0 2897 4100 1860 310 -0568 3000 4-pole 90.00 2290 50 1270 74.00 1880 124.0 3150 5010 2273 310 -0568 4000 3- ole 90.00 2290 47.5 1210 81 2060 128.5 3270 4730 2145 500 -4488 40004- le 90.00 2290 54 1370 81 2060 135 3430 5930 2689 500 -4488 Dimensions - transfer switch in UL type 311, 4, 4x, or 12 enclosure Transfer switch lug capacities All lugs accept copper or aluminum wire unless indicated otherwise. Adapters that will accept compression lugs are available. Amp rating Height Width Depth Weight Cabinet type Outline' drawing Door closed Door open Amp rating in mm in mm in mm in mm lb kg 350 MCM to 1000 MCM 300 400' 150, 225, 260 71.75 1822 36.00 915 22.75 578 55.20 1402 564 256 3R 12 310 -0651 300 MGM to 750 MCM 71.75 1822 36.00 915 22.75 578 55.20 1402 564 1 255 4 4x 310 -0652 300, 400, 600 83.25 2115 36.00 915 22.75 578 55.20 1402 639 290 3R,12 310-0653 83.25 2115 36.00 915 22.75 578 55.20 1402 639 290 4 4x 310 -0654 800,1000 90.00 2290 48.00 1214 27.75 705 62.50 1534 1097 498 313.12 310 -0711 90.00 2290 48.00 1214 27.75 705 62.50 1534 1097 498 4,4x 310 -0712 10001, 1200 3 -pole' 90.00 2290 40.00 1016 28.25 718 65.50 1654 1980 748 3R 12 4 4x 310 -0734 1000' 1200 4- ole' 90.00 2290 46.00 1168 28.25 718 71.69 1821 2185 991 3R 12 4 4x 310 -0734 1600 2000 3- ole 90.00 2290 43.52 1105 62.77 1594 99.77 2534 3085 1399 3R 12 4 4x 310 -0725 1600 2000 4- ole' 90.00 2290 53.52 1359 62.77 1594 109.77 2788 3650 1656 3R 12 4 4x 310 -0725 3000 3- ole 90.00 2290 43.52 1105 74.77 1899 111.77 2839 3970 1801 3R 310 -0726 3000 4- ale' 90.00 2290 53.52 1359 74.77 1899 121.77 3093 5070 2300 3R 310 -0726 4000 3-pole' 90.00 2290 48.5 1232 81.75 2076 131 3308 4730 2145 3R 500 -4489 4000 4- ole' 90.00 2290 55.0 1397 81.75 2076 137 3473 5930 2689 3R 500 -4489 Transfer switch lug capacities All lugs accept copper or aluminum wire unless indicated otherwise. Adapters that will accept compression lugs are available. Amp rating Cables per phase Size 150,225 1 #6 AWG to 300 MGM 260 1 #6 AWG to 400 MCM 150 225 260' 1 #4 AWG to 500 MCM 300,400 1 #3/0 AWG to 600 MCM 300,400 2 #3/0 AWG to 250 MGM 300 400' 1 350 MCM to 1000 MCM 300 400' 2 #2 AWG to 600 MCM 600 2 250 MCM to 500 MCM 600' 2 #2 AWG to 600 MCM 800 1000 4 250 MCM to 500 MCM 800 1000' 3 300 MGM to 750 MCM 1000 1200 4 #2 AWG to 600 MCM 1600 2000 8 #2 AWG to 600 MCM (lugs optional) 3000 8 #2 AWG to 600 MCM (lugs optional) 4000 12 #2 AWG to 600 MCM (lugs optional) Note 1: Closed transition only. Note 2: On the outline drawing the BT door is shown. All physical dimensions are the same for BT and BTPC. Note 3: Dimensions shown are for top entry only. If bottom or side entry is required, an adapter bay is required and the depth increases by 14 in. (356 mm). See outline drawing. Adapter needs to be part of the original order. Note 4: 1600 through 4000 A are rear connected. Allow 36 -inch wide (914 mm) space at rear for access to cable compartment. Note 5: Optional lug capacities. Our energy working for you: M www.cumminsoorwer.com 020071 Cummins Power Generation Inc. I Al rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered tademarks of Cummins Inc. PowerCommand and 'Our energy working for you." are trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or service marks of others. 5-1271 n (10/07) Submittal detail — options (accessories specification sheet AC -166) Amperage ratings ❑ 150 ❑ 225 ❑ 260 ❑ 300 ❑ 400 ❑ 600 ❑ 600 ❑ 1000 ❑ 1200 ❑ 1600 ❑ 2000 ❑ 3000 ❑ 4000 Voltage ratings • R038 190 • R021 208 • R022 220 • R023 240 ❑ R024 380 ❑ R025 416 • R035 440 • R026 480 ❑ R027 600 Pole configuration ❑ A028 Poles - 3 (solid neutral) ❑ A029 Poles - 4 (switched neutral) Frequency • A044 60 Hertz • A045 50 Hertz Transfer mode ❑ A077 Open transition (in -phase transition) (available 1200 -4000 amps) ❑ A078 Delayed transition (programmed transition) ❑ A079 Closed transition (available 1000 -4000 amps) Application • A035 Utility to genet • A036 Utility to utility System options • A041 Single phase, 2 -wire or 3 -wire • A042 Three phase, 3 -wire or 4 -wire Enclosure ❑ B001 Type 1: general purpose indoor (similar to IEC type IP30) ❑ B002 Type 3R: intended for outdoor use (dustproof and rainproof) (similar to IEC type IP34) ❑ B003 Type 4: indoor or outdoor use (watertight) (similar to IEC type IP65) • B004 Open construction: no enclosure - includes automatic transfer switch and controls (not available for 1200 -4000 A) • B010 Type 12: indoor use, dust -tight and drip -tight (similar to IEC type IP61) • B025 Type 4X: indoor or outdoor use (watertight) (similar to IEC type IP65) Cummins Power Generation Americas 1400 73" Avenue N.E. Minneapolis, MN 55432 USA Phone: 763 574 5000 Fax: 763 574 5298 Our energy working for yOU.TM www.cumminapgwer.com Standards ❑ A046 UL 1008 /CSA certification ❑ A064 NFPA 20 compliant (not available 1200 -4000 A) ❑ A080 Seismic certification Control options • M017 Security key - front panel • M022 Monitoring -load • M023 Module -relay signal • M031 Communications - LonWorks Network Communications Module FTT -10 Meters ❑ D009 Digital bar graph meters Battery chargers ❑ K001 2 A, 12/24V ❑ KB59 15 A, 12 V ❑ KB60 12 A, 24 V Protective relays ❑ M036 62PL relay ❑ M038 86 lock -out relay Auxiliary relays - Relays are UL Listed and factory installed. All relays provide (2) normally open and (2) normally closed isolated contacts rated 10 A @ 600 VAC. ❑ L101 24 VDC coil - installed, not wired (for customer use). ❑ Ll 02 24 VDC coil - emergency position - relay energized when switch in source 2 (emergency) position. ❑ L103 24 VDC coil - normal position - relay energized when switch in source 1 (normal) position ❑ L201 12 VDC coil - installed, not wired (for customer use) ❑ L202 12 VDC coil - emergency position - relay energized when switch in source 2 (emergency) position ❑ L203 12 VDC coil - normal position - relay energized when switch in source 1 (normal) position Miscellaneous options ❑ M003 Terminal block - 30 points (not wired) ❑ M007 Load shed - from emergency - drives switch to neutral position when remote signal contact closes ❑ N008 Terminal lugs - cable (1600 -3000 amp only) ❑ N009 Power connect - bus stabs (150 -1000 amp open construction only) Optional lug kits ❑ N008 Terminal lugs - cable (1600 -3000 amps only) Warranty ❑ G002 One yr basic ❑ G004 Two yr comprehensive ❑ G006 Five yr basic ❑ 0007 Five yr comprehensive ❑ G008 Ten yr major components Shipping ❑ A051 Packing -export box Europe, CIS, Middle East and Africa Manston Park Columbus Ave. Mansion Ramsgate Kent CT 12 5BF United Kingdom Phone 44 1843 255000 Fax 44 1843 255902 Asia Pacific 10 Toh Guan Road #07 -01 TT International Tradepark Singapore 608838 Phone 65 6417 2388 Fax 65 6417 2399 02007 I Cummins Power Generation lnc. l Al rights reserved l Specifications subject to change without notice l Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and 'Our energy waking foryou. "are trademarks of Cummins Generation Power Genwafcn. O er company, product, or service names may be trademarks or service marks of others. S -1271n (10/0 n Transfer switch OTPC open, closed, or delayed transition Description Features OTPC transfer switches are designed for operation and switching of electrical loads between primary power and standby generator sets. They are suitable for use in emergency, legally required, and optional standby applications. The switches monitor both power sources, signal generator set startup, automatically transfer power, and return the load to the primary power source once the utility returns and is stabilized. High - pressure silver alloy contacts can withstand thousands of switching cycles without burning, pitting, or welding. They require no routine contact maintenance and provide 100% continuous current ratings. The OTPC product line offers a transfer switch that is the right solution for every application. The switch is available in open, delayed, and closed transitions. O All switches are UL 1008 Listed with UL Type UL L L Rated cabinets and UL Listed CU -AL a terminals. All switches are certified to CSA 282 SA Emergency Electrical Power Supply for ,• Buildings, up to 600 VAC. NECEquipment E shall be suitable for use in systems compliant to 700, 701 and 702. ' ,`` , All switches comply with NFPA 70, 99 and 110. NFPA All switches comply with NEMA ICS 10. 1 E E E All switches comply with IEEE 446 Recommended Practice for Emergency and Standby Power Systems. This transfer switch is designed and WRIQM manufactured in facilities certified to IS09001. PowerCommand° control - A standard, fully featured microprocessor -based control. Software - enabled features, settings, and adjustments are available for ease of setup and accuracy. Robust control system design - Optically isolated logic inputs and high isolation transformers for AC power inputs provide high - voltage surge protection. Communications capability - The transfer switch is capable of communicating with other transfer switches, accessories, with a SCADA network or with Cummins Power Generation generators utilizing Lon Works protocol. Main contacts - Heavy -duty silver allay contacts with separate arcing surfaces and multi -leaf arc chutes are rated for total system transfer including overload interruption. Easy service /access - Plug connections, door - mounted controls, ample access space for both all top and all bottom power connections, and compatible terminal markings. The control is field programmable. Product lines, accessories and services - Cummins Power Generation offers a wide range of accessories and services to suit your requirements. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. ©2007 1 Cummins Power Generation Inc. I All rights reserved I Specifications subject o change without notice I Cummins Power Generation and Cummina are registered tidemarks of Cummins Inc. PowerCommand and 'Our energy working for you. -are trademarks of Cummins Power Geneifiom Other company, product. or service names may be trademarks or seMCe marks of others. sJ270x it oro7) Transfer switch mechanism Specifications • A bi- directional linear motor actuator powers OTPC Transfer Switches. This design provides virtually friction -free, constant force, straight -line transfer switch action with no complex gears or linkages. • Independent break - before -make action is used for both 3 -pole and 4- pole /switched neutral switches. On 3- pole /switched neutral switches, this action also prevents the objectionable ground currents and nuisance ground fault tripping that can result from overlapping designs. • A mechanical interlock prevents simultaneous closing of normal and emergency contacts. • Long -life, high pressure, silver alloy contacts resist burning and pitting. Separate arcing surfaces further protect the main contacts. Contacts are mechanically held in both normal and emergency positions for reliable, quiet operation. • Superior arc interruption is accomplished through multiple leaf arc chutes that cool and quench the arcs. Barriers separate the phases and prevent inter -phase flashover Voltage rating Transfer switches rated from 40 A through 4000 A are rated up to 600 VAC, 50 or 60 Hz. Arc Interruption Multiple leaf arc chutes cool and quench the arcs. Covers prevent interphase flashover and are transparent for visual inspection. Neutral bar A full current -rated neutral bar with lugs is standard on enclosed 3-pole transfer switches. Auxiliary contacts Two contacts (one for each source) are provided for customer use. Wired to terminal block for easy access. Rated at 1 OA continuous and 250 VAC maximum. Operating temperature -40 "F -40 "C to 140 `F 60 °C storage temperature -40 `F -40 `C to 140 `F 60'C Humidity Up to 95% relative, non-condensing Altitude U2 to 10,000 It 3,000 m without deratin Surge withstand ratings Surge - tested for location category B3, per IEEE C 62.41. Testing per IEEE 62.45. Control tested to Euro can Sur a Test EN 61000 -4 -5. Total transfer time (source- to-sourcell Will not exceed 6 cycles at 60 Hz with normal voltage applied to the actuator and without programmed transition installed. Manual operation handles Transfer switches rated through 1000 A are equipped with permanently attached operating handles and quick- break, quick -make contact mechanisms suitable for manual operation. Transfer switches over 1000 A are equipped with manual operators for service use only under de- energized conditions. Open transition - The OTPC automatic transfer switch, equipped with in -phase monitor, determines when to transfer the load from one source to another. The switch contacts operate in a break - before -make sequence. The Open Transfer OTPC is field - configurable for delayed transition below 1000 amps. Delayed (programmed) transition - The OTPC is also available as a programmed (delayed) transition transfer switch. The delayed transition OTPC completely disconnects the load from both sources for an adjustable period of time to allow regenerative voltage to decay to a safe level prior to connecting to the new source. By allowing motor fields to decay, nuisance tripping breakers and load damage are prevented. Delayed transition transfer is recommended by NEMA MG -1. Closed transition - Closed transition transfer is required in applications with loads sensitive to momentary power interruptions. The switch contacts operate in a make - before -break sequence. The OTPC with closed transition allows the seamless transfer of critical loads from one source to another by paralleling the two sources momentarily (for less than 100 msecs). Our energy working for you?m www.cummmsc oweccom 02007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change witbout notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins Generation Power Generation. Man company, product, or service names may be trademarks or service marks of others. &I 270x (10/0 7) PowerCommand microprocessor control PowerCommand controls are microprocessor based and developed specifically for automatic transfer switch operation. The control provides features and options useful for most applications. Flash memory is used to store control settings. The contents of the memory are not lost even if power to the controller is lost. There is also an on -board battery to maintain the real -time clock setting and the engine start time delay. A choice of two control packages allows flexibility for determining the most suitable level of control for a given application: Level i control (0023) Level 2 control (CO24) Open transition (in -phase transition) Delayed transition (programmed transition) Utility -to- genset applications Software adjustable time delays: Engine start: 0 to 15 sec Transfer normal to emergency: 0 to120 sec Retransfer emergency to normal: 0 to 30 min Engine stop: 0 to 30 min Programmed transition: 0 to 60 sec Undervoltage sensing - 3 -phase normal, 1 -phase emergency Pickup: 85% to 98% of nominal voltage Dropout: 75% to 98% of pickup setting Dropout time delay: 0.1 to 1.0 sec Overvoltage sensing - 3 -phase normal, 1 -phase emergency Dropout: 105% to 135% of nominal voltage Pickup: 95% to 99% of dropout setting Dropout time delay: 0.5 to 120 sec Over /under frequency sensing Pickup: ±5% to f20% of nominal frequency Dropout: ±1 % beyond pickup Dropout time delay: 0.1 to 15.0 sec Programmable genset exerciser - One event /schedule with or w/o load Basic Indicator panel Source available /connected LED indicators Test /exercise /bypass buttons Digital display - standard Analog bargraph metering - optional Date /time - stamped event recording - 50 events Lead sequencing (optional ..ith network communications module) Open transition (in -phase transition) Delayed transition (programmed transition) Closed transition Utility -to- genset applications Utility -to- utility applications Genset -to- genset applications Software adjustable time delays: Engine start: 0 to 120 sec Transfer normal to emergency: 0 to 120 sec Retransfer emergency to normal: 0 to 30 min Engine stop: 0 to 30 min Programmed transition: 0 to 60 sec Undervoltage sensing - 3 -phase normal, 3 -phase emergency Pickup: 85% to 98% of nominal voltage Dropout: 75% to 98% of pickup setting Dropout time delay: 0.1 to 1.0 sec Overvoltage sensing - 3 -phase normal, 3 -phase emergency Dropout: 105% to 135% of nominal voltage Pickup: 95% to 99% of dropout setting Dropout time delay: 0.5 to 120 sec Over /under frequency sensing Pickup: t5% to ±20% of nominal frequency Dropout: ±1 % beyond pickup Dropout time delay: 0.1 to 15.0 sec Voltage imbalance sensing Dropout: 2% to 10% Pickup: 90% of dropout Time delay: 2.0 to 20.0 sec Phase rotation sensing Time delay: 100 cosec Loss of single phase detection Time delay: 100 msec Programmable genset exerciser- Eight events/schedules with or w/o load Basic indicator panel Source available /connected LED indicators TesUexercise /bypass buttons Digital display - standard Analog bargraph metering - optional Date /time- stamped event recording - 50 events Load sequencing (optional with Network Communications Module) Our energy working for yoU.TM www currminspower com 02007 I Cummins Power Generation Inc. I NI rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or aendce marks of others. s -12rox 110ro7 Time -delay functions Engine start: Prevents nuisance genset starts in the event of momentary power system variation or loss. Not includec in utility -to- utility systems. Transfer normal to emergency: Allows genset to stabilize before application of load. Prevents power interruption if normal source variation or loss is momentary. Allows staggered transfer of loads in multiple transfer switch systems. Retransfer emergency to normal: Allows the utility to stabilize before retransfer of load. Prevents needless power interruption if return of normal source is momentary. Allows staggered transfer of loads in multiple transfer switch systems. Engine stop: Maintains availability of the genset for immediate reconnection in the event that the normal source fails shortly after retransfer. Allows gradual genset cool down by running unloaded. Not included in utility -to- utility systems. Delayed (programmed) transition: Transfers load to neutral position, disconnected from sources, to allow inductive load voltages to decay. Fall to disconnect timer: Signals external device to disconnect either the genset or utility to prevent extended operation in parallel with the utility. User interfaces Basic Interface panel LED indicators provide at- a- glance source and transfer switch status for quick summary of system conditions. Test and override buttons allow delays to be bypassed for rapid system checkout. Digital display (M01S) The digital display provides a convenient method for monitoring load power conditions, adjusting transfer switch parameters, monitoring PowerCommand network status, or reviewing transfer switch events. Password protection limits access to adjustments to authorized personnel. The digital display comes standard with the Level 2 PowerCommand microprocessor control, and is optional with the level 1 control. User interface options Front panel security key (MO 17) Front panel access can be locked out using this option. Prevents unauthorized transfers or testing. Prevents unauthorized adjustments via the digital display. Analog bar graph meter (0009) An LED bar graph display provides easy to read indication for normal and emergency voltages and frequencies, load currents, power factor, and kilowatts. Green, amber, and red LED's provide at- a- glance indication of system acceptability. Available as an option with the Level 2 PowerCommand microprocessor control. Control options Relay signal module (M023) Provides an adjustable transfer pre - signal time delay of 0 to 60 seconds to prevent interruption of power during elevator operation. Relay outputs include: Source 1 Connected and Available, Source 2 Connected and Available, Not in Auto, Test/Exercise Active, Failed to Disconnect, Failed to Synchronize, Failed to Transfer /Retransfer, and Transfer pre - signal (elevator signal). Loadshed (M007) Removes the load from the emergency power source by driving the transfer switch to the neutral position when signaled remotely. Transfers load back to the emergency source when the signal contacts open. Immediate retransfer to the preferred source when it is re- established. PowerCommand network interface (M031) Provides connection to the PowerCommand network. LonWorks compatible for integration into customer monitoring strategy. Load power and load current monitoring (1111022) Measures load phase and neutral, current, power factor, real power (kW) and apparent power (kVA). Warns of excessive neutral current resulting from unbalanced or nonlinear loads. Note: Some options may not be available on all models - consult factory for availability. Our energy working for you: M www.cumminsoower.com ®2007 I Cummins Power Generation Inc. I NI rights reserved I Specifications subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and 'Our energy working for you.- are trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or service marks of others. S 1270%00/0 UL withstand and closing ratings The transfer switches listed below must be protected by circuit breakers or fuses. Referenced drawings include detailed listings of specific breakers or fuse types that must be used with the respective transfer switches. Consult with your distributorldealer to obtain the necessary drawings. Withstand and closing ratings (WCR) are stated in symmetrical RMS amperes. Fuse protection Transfer switch ampere MCCB protection Current limked breaker prote ction Transfer switch ampere WCR @ volts max with specific manufacturers MCCBs Max MCCB rating Drawing reference With specific current limiting breakers (CLB) Max CLB rating Drawing reference 40, 70, 125 3 -pale 14,000 @ 480 225 A 098 -6885 200,000 @ 480 225 A 098 -6918 14,000 @ 600 100,000 600 40, 70, 125 4 -pole 30,000 @ 480 225 A 098 -6885 200,000 @ 480 225 A 098 -6918 30,000 @ 600 100,000 @ 600 150, 225, 260 30,000 @ 480 400 A 098 -6886 200100,,000 000 480 0 42.02 400 A 098 -6919 30,0000600 @ 60 300, 400, 600 65,0000480 1200 A 098 -6887 200,000 @ 480 1200 A 098 -6920 65,000 @ 600 100,000 6600 800, 1000 65,000 @ 480 1400 A 098 -6888 150,000 @ 480 1400 A 098 -6921 50,000 @ 600 100,000 6 600 1000, 1200 85,000 @ 480 1600 A 098 -7312 85,000 @ 480 1600 A 098 -7312 65,000 @ 600 65,0000600 1600, 2000 100,000 @ 480 4000 A 098-7311 100,000 @ 480 4000 A 098 -7311 85,0000600 85,000 @ 600 3000 100,000 @ 480 4000 A 098 -7313 100,000 @ 480 4000 A 098 -7313 85,000 @ 600 85,000 @ 600 4000 100,000 @ 480 5000 A 098 -8576 100,000 @ 480 5000 A 098 -8576 85,000 @ 600 Fuse protection Transfer switch ampere WCR ® volts max. with current limiting fuses Max fuse, size and type Drawing reference 40, 70, 125 3- and 4 -pole 200,000 @ 480 200 A Class, J, RKI, RK5 098 -6885 F200,000 @ 600 150, 225, 260 200,000 @ 480 600 A Class, J, RK1, RK5 1200 A Class L 098 -6886 200,000 @ 600 300, 400, 600 200,000 @ 480 1200 A Class L 098 -6887 200,000 @ 600 1200 A Class L 800, 1000 200,000 @ 480 2000 A Class L 098 -6888 200,000 @ 600 1000, 1200 200,000 @ 480 3000 A Class L 098 -7312 150,000 @ 600 1600, 2000 200,000 @ 480 2500 A Class L 098 -7311 150,000 600 3000 200,000 @ 480 4000 A Class L 098 -7313 150,000 @ 600 4000 200,000 @ 480 6000 A Class L 098 -8576 150,000 @ 600 Our energy working for you.TIA w .cumminsoower.com 620071 Cummins Power Generation Inc. I Allrightsresarved l Specifcationssubject to change without notice l Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy wor Gnq for your" we trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or service marks of others. 54270x (10/0 7) 3 cycle ratings Transfer WCH rA volts Size 40, 70, 125 3-pole switch max 3 cycle 40 4-pole 1 am ere rating Max MCCB rating Drawing reference 1000, 1200 50,000 ® 480 1600 A 0098 -7312 42 000 � 600 1600, 2000 100,000 0 480 4000 A 0098 -7311 85,000 ® 600 3000 100,000 D 480 4000 A 0098 -7313 85,0000600 1000 100,000 ® 480 5000 A - 098 -8576 85,000 @ 600 Transfer switch lug capacities All lugs accept copper or aluminum wire unless indicated otherwise. Adapters that will accept compression lugs are available. Amp ting Cables per phase Size 40, 70, 125 3-pole 1 #12AWG -2/0 40 4-pole 1 912 AWG -2/0 70,125 4- ole 1 46 AWG -300 MCM 150, 225 1 #6 AWG - 300 MCM 260 1 #6 AWG -400 MGM 300,400 1 3/0 - 600 MCM 300,400 2 3/0 - 250 MCM 600 2 250 - 500 MCM 800, 1000 4 250 - 500 MCM 1000, 1200 4 #2 AWG to 600 MGM 1600, 2000 8 #2 AWG to 600 MCM lu s o tionai 3000 8 #2 AWG to 600 MCM (lugs optional) 4000 12 #2 AWG to 600 MCM (lugs optional) Our energy working for you?m www.cumminsoower.com ®20071 Cummins Power Generation Inc. I All rights reservedI Specifications subject to change without notice l Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and 'Our energy working for you.- are trademarks of Cummins Generation Power Generation. Other company, product, or service names may be trademarks or seMce marks of others. &I 270x (1 OM7) Enclosures The transfer switch and control are mounted in a key - locking enclosure. Wire bend space complies with 2005 NEC. Dimensions - transfer switch in UL type t enclosure Dimensions - transfer switch in UL type 3R, 4 or 12 enclosure Hei ht Width De th Weight Outline drawing Door closed Door open Amp tin in mm in I mm in I mm in I mm lb I k k 40, 70, 125 3-pole 27,0 686 20.5 521 12.0 305 31.5 800 82 37 310 -0544 40, 70, 125 4-pole 35.5 902 26.0 660 16.0 406 41.0 1042 165 75 500 -4896 150,225 35.5 902 26.0 1 660 16.0 406 41.0 1042 165 75 310 -0414 260 43.5 1105 28.5 724 16.0 406 43.0 1093 170 77 310 -0540 300, 400, 600 54.0 1372 25.5 648 18.0 457 42.0 1067 225 102 310 -1307 800, 1000 68.0 1727 30.0 762 20.6 524 48.5 1232 360 163 310 -0417 1000, 1200 76.3 1937 36.0 915 22.7 577 54.0 1372 450 204 310 -0482 1600.2000* 90.0 2290 36.0. 915 48.0 1219 84.0 2134 1100 499 310 -0483 3000` 90.0 2290 36.0 915 48.0 1219 84.0 2134 1250 567 310 -0484 4000` 90.0 2290 46.5 1180 60.0 1 1520 1 106 1 2700 1850 839 1 500 -4485 Dimensions - transfer switch in UL type 3R, 4 or 12 enclosure Dimensions - transfer switch in UL type 4X stainless steel 304 enclosure Height Width Depth Weight Cabinet type Outline drawing Door closed I Door open Amp rating in mm in mm in mm in mm lb k 40, 70, 125 3-pole 34.0 864 26.5 673 12.5 318 36.5 927 125 57 3R, 12, 310 -0453 40, 70, 125 4 -pole 42.5 1080 30.5 775 16.0 405 44.0 1118 215 97 3R, 12 500 -4896 4 500 -4896 150,225 42.5 1080 30.5 775 16.0 406 44.0 1118 215 97 3R, 12 310 -0454 4 310 -0446 260 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 3R, 12 310 -0455 4 310 -0447 300, 400, 600 59.0 1499 27.5 699 16.5 419 41.5 1054 275 125 3R, 12 310 -1315 4 310 -1316 800,1000 73.5 1867 32.5 826 20.8 529 49.5 1257 410 186 3R,12 310 -0457 4 310 -0449 1000, 1200 76.3 1 193 1 36.0 915 22.7 577 826 50.9 1293 204 3R, 12.4 310 -0482 1600,2000* 90.0 2290 35.5 826 50.9 1293 499 3R, 12, 4 310 -0744 3000' 90.0 2290 38.0 955 51.0 1295 F"839 567 3R 310 -0745 4000` 90.0 2290 49.0 1244 60.0 1524 1 3R 500 -4486 Dimensions - transfer switch in UL type 4X stainless steel 304 enclosure Rear or side access is required to complete power wiring installations. Our energy working for you.Im www.cummlospower.com 220071 Cummins Power Generation Inc. I Al rights reserved I Specifications subject to change without notice I Cummins Power Generaton Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you.' we trademarks of Cummins Generation Power Generation. Clher company, product, or service names may be trademarks or service marks of others. 8120x(10/07) Height Width Depth Weight I Cabinet type Outline drawing Door closed I Door open Am ratio in mm in mm in mm in mm Ib k 40, 70, 125 3-pole 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500 -4184 40, 70, 125 4- ole 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500 -4896 150,225 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500 -4184 260 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500 -4184 300, 400, 600 73.5 1867 32.5 826 19.5 495 49.5 1257 186 4X 500 -4185 800, 1000 73.5 1867 32.5 826 19.5 495 49.5 1257 186 4X 500 -4185 1000,1200 70.0 1778 40.0 1016 19.8 502 59.0 1499 t45O 204 4X 306 -5300 1 600,2000 90.0 2290 35.5 826 50.9 1293 0.0 2032 499 4X 1 310 -0744 Rear or side access is required to complete power wiring installations. Our energy working for you.Im www.cummlospower.com 220071 Cummins Power Generation Inc. I Al rights reserved I Specifications subject to change without notice I Cummins Power Generaton Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you.' we trademarks of Cummins Generation Power Generation. Clher company, product, or service names may be trademarks or service marks of others. 8120x(10/07) Submittal detail - options (accessories specification sheet AC -167) Amperage ratings ❑ 40 ❑ 70 ❑ 125 ❑ 150 ❑ 225 ❑ 260 ❑ 300 ❑ 400 ❑ 600 ❑ 800 ❑ 1000 ❑ 1200 ❑ 1600 ❑ 2000 ❑ 3000 ❑ 4000 Voltage ratings • R020 120` • R038 190 • R021 208 • R022 220 • R023 240 • R024 380 ❑ R025 416 ❑ R035 440 ❑ R026 480 ❑ R027 600 Line to neutral voltage (not available on 1200 -1500 amp switches) Pole configuration ❑ A028 Poles - 3 (solid neutral) ❑ A029 Poles - 4 (switched neutral) Frequency ❑ A044 60 Hertz ❑ A045 50 Hertz Transfer mode ❑ A077 In phase transition (open transition) ❑ A078 Delayed transition (programmed transition) ❑ A079 Closed transition (available 1000 -4000 amps, for closed transition below 1000 amps, see CHPC spec sheet S -1437) Application ❑ A035 Utility to genset ❑ A036 Utility to utility ❑ A037 Genset to genset System options • A041 Single Phase, 2 -wire or 3 -wire (not available 1200 -4000 amps) • A042 Three Phase, 3 -wire or 4 -wire Enclosure ❑ B001 Type 1: General purpose indoor (similar to IEC type IP30) ❑ B002 Type 3R: Intended for outdoor use (dustproof and rainprool) (Similar to IEC type IP34) ❑ B003 Type 4: Indoor or outdoor use (watertight) (Similar to IEC type IP65) ❑ 8004 Open Construction: No enclosure - includes Automatic Transfer Switch and Controls ❑ B010 Type 12: Indoor use, dust -tight and drip -tight (similar to IEC type IP61) ❑ 6025 Type 4X: Indoor or outdoor use (watertight) (similar to IEC Type IP65) Cummins Power Generation Americas 1400 73" Avenue N.E. Minneapolis, MN 55432 USA Phone: 763 574 5000 Fax: 763 574 5298 Our energy working for you: M www.cumminwower.com Standards ❑ A046 UL 1008 /CSA certification ❑ A064 NFPA 20 compliant (not available 1200 -4000 A) ❑ A080 Seismic certification Controls • CO23 Switch control - level 1 • CO24 Switch control - level 2 Control options • M017 Security key - front panel • M018 Display - digital ❑ M022 Monitoring - load • M023 Module - relay • M031 Communications - Lon Works Network Communications Module (FTT -10) Meters ❑ D009 Digital bar graph meters Battery chargers • K001 2 A, 12/24 V • KB59 15 A, 12 V • KB60 12 A, 24 V Protective relays ❑ M036 62PL relay ❑ M038 86 Lock -out relay Auxiliary relays - Relays are UL Listed and factory installed. All relays provide (2) normally open and (2) normally closed isolated contacts rated 10 A ® 600 VAC. Relay terminals accept (1) 18 gauge to (2) 12 gauge wires per terminal. ❑ L101 24 VDC coil - installed, not wired (for customer use). ❑ L102 24 VDC coil - emergency position - relay energized when ATS in source 2 (emergency) position. ❑ L103 24 VDC coil - normal position - relay energized when ATS in source 1 (normal) position • L201 12 VDC coil - installed, not wired • L202 12 VDC coil - emergency position - relay energized when ATS in source 2 (emergency) position ❑ L203 12 VDC coil - normal position - relay energized when ATS in source 1 (normal) position Miscellaneous options ❑ M003 Terminal block - 30 points (not wired) ❑ M007 Load shed - from emergency - drives switch to neutral position when remote signal contact closes • N009 Power connect - bus stabs (150 -1200 amp open construction only) • N013 Extension harness Optional lug kits • N008 Terminal lugs - cable (1600 -3000 amps only) • N020 Terminal block - retransfer inhibit Warranty • G002 One year basic • G004 Two year comprehensive • G006 Five year basic • G007 Five year comprehensive • G008 Ten year major components Shipping ❑ A051 Packing -export box Europe, CIS, Middle East and Africa Manston Park Columbus Ave. Mansion Ramsgate Kent CT 12 513F United Kingdom Phone 44 1843 255000 Fax 44 1843 255902 Asia Pacific 10 Ton Guan Road #07 -01 TT International Tradepark Singapore 608838 Phone 65 6417 2388 Fax 65 6417 2399 020071 Cummins Power Generation Inc. I All rigMS reserved I Speci5 ions subject to change without notice I Cummins Power Generation Power and Cummins are registered trademarks of Cummins Inc. PowerCommand and 'Our energy working for you. "are trademarks of Cummins Generation Power Generator. Other company, product or service names may be trademara or service marks of others. S- 1270x110107) C. "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -6588 http9 /colliergov.net ADDENDUM DATE: January 11, 2008 TO: Interested Bidders FROM: Scott D. Johnson SUBJECT: Addendum # 1 — Bid # 08 -5035 "Building F Generator & Electrical Upgrade " Addendum #1 covers the following change for the above - referenced Bid: Change: 1. New bid opening date; January 23, 2008 @ 2:30 p.m. 2. Final completion timeframe shall be two hundred ten (210) days from the notice to proceed Add: Please review the attachment "Revision A ", 10 drawing pages Replace: the Contract Proposal (pages GC -P -1) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Mark Callis, Facilities Management Department at 239/774 -8380 or me at 2391774 -8995 or by e -mail at ScottJohnson@colliergov.net. NOTE: Words have been deleted, words underlined have been added. cc: Mark Callis Deleted: struck through 4 r �� a rZ payer �/" I 08 -5035 Revised Bid schedule ALTERNATE NO.1 (PORTABLE GENERATOR) PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. Unit Price #1 Duct Bank Installed Per Linear Feet Unit Price 42 Manhole $ PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. Unit Price #3 Generator Feeder and Control Installed Per Linear Feet yg A Fi;����F•lF�S ����qF €IIIIII6IIIII'I SHIM i a u c x C4 0 H Z W �1 Pi UL) .J n N W� O Ye 'q d �u $ da M� 3 � j �mme'mnx muemmi P a oil J g y g MIMIE Zn 1 ®d 3T'tltrtlfl3JNL3STO�IM1'J313 ONI NO1W3N3'J d.'JNIOIIl1S ru ' � J i'lSWV1lO5NOJ 9NL3314)Ng xfaiN3D 1N3w Na3ADD uNnDD aan�o� a e e e z yg A Fi;����F•lF�S ����qF €IIIIII6IIIII'I SHIM i a u c x C4 0 H Z W �1 Pi UL) .J n N W� O Ye 'q d �u $ da M� 3 � j oil g y g SSSE ' � F S�• �Q� �F a 9i Fa 38 q S lit. III yg A Fi;����F•lF�S ����qF €IIIIII6IIIII'I SHIM i a u c x C4 0 H Z W �1 Pi UL) .J n N W� O Ye 'q d �u $ da M� 3 � � f 0 y k p�� < 8d ?gpipiElEggg�g w 989 @BS i i U a z a z 0 H E D fA H a H H Q U' H Q a w m H P4 U . 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NNiOln9 711'SUN11fI5N0]DNItl33N19N3 MlJIt3d aalnxao .a.na3wraanoo uNnoo a3moo E Ba.�i7�i ei'A�� g9 i �i�i �8ie g i3�3ii3E;�il ••.• ••• •v:eyee x. .a a as x a � 8 a a 0 H i hi € ; g E�E�EgI i4 �$gieES if q i v if N� €NN 9 �-�n A01 [III If 'wIF �j 9 i� B� 3 go m ((g 2 N � 3 N a W. W QN , w3: it ! 7- U Q 1i U: In w ,(xFW7� W y3� m: E *wh N a W. W QN , w3: it ! WA , |!� \ \ � ! 2 . § /z j ) % � § ri 1 1 1 A I 1 11 , zo $ . LIN \ : _, ,_e.�7 , , |!� \ \ � d� EL «! \ W� z ` � � � ! 2 . § /z j ) % � § ri 1 1 1 A I 1 11 , zo $ . LIN \ d� EL «! \ W� z ` � � � FW: Questions to be answered Thomas J Lepore From: callis_m [MarkCallis @colliergov.net] Sent: Friday, January 04, 2008 11:40 AM To: Thomas J Lepore Subject: FW: Questions to be answered Tom Here is the other request that has come in that needs to be answered. Thanks Mark From: JohnsonScott Sent: Friday, January 04, 2008 10:03 AM To: callis_m Subject: Questions to be answered Page 1 of 2 Question Asked By Asked Date Answer Delete Keynote 13 on sheet E-4 calls for installing new cable in new conduit from switchboard A to MDP -A. Note 2 on sheet E -3 calls for installing new conductors from switchboard A to MDP -A in existing conduits. Note 1 on sheet E -6 calls for new conduits to be integrated with existing feeders. See sheet E -3 and E -4. Please clarify. Marty Rogers 1/2/2008 8:39:30 AM Answer Delete The project scope on sheet E -1 calls for the contractor to install a 500 kw portable generator with breakers for distribution panel and for Fire Pump Controller. Sheet E-4 shows (2) portable generators, (1) with a breaker for the fire pump, the other with a breaker for the distribution panel. Please clarify quantity and size of proposed portable generator(s). Marty Rogers 1/212008 8:22:37 AM Answer Delete New Electrical Room Keynote 28 on sheet E -3 states door hardware shall comply with NEC section 110.26 (c) (2). Is this part of the work done by others referenced in Note 1 on sheet E- 3? Marty Rogers 1/2/2008 8:11:29 AM Answer Delete /q.) The new feeders from substation A are called out as 400 kcmil on sheet E -3 Note 2. The same feeders are called out as 350 kcmil on sheet E -4 Note 13. Please confirm which is the correct ��� size. Marty Rogers 1/2/2008 8:06:25 AM Answer Delete The invitation to bid states the work is to be finally complete within 120 calendar days. Has any thought been given to extending the time to 365 days? Marty Rogers 1/2/2008 8:03:53 AM Answer Delete The diesel locomotive cable diameter is too large for the EZ 1016. Please amend cable or v Cam -Lok connectors. Gary Beck 12/2812007 10:22:17 AM Answer Delete Please explain engineer's intent behind the following in reference to Riser Notes: a. Does (2) parallel sets imply (2) conduits or (4) conduits? b. Does (3) parallel sets imply (3) conduits or (6) conduits? c. Does (4) parallel sets imply (4) conduits or (8) conduits? We believe the parallel sets are for the feeders, not the conduits. Are we correct in this assumption? Gary Beck 12/26/2007 8 :10:53 AM Answer Delete iser Diagram Note 15 on Sheet E-4 states "2 parallel sets of 4" conduit Do you really want (4) conduits with 4- 500MCM & 1 -1/0 in each conduit, or do you want (1) parallel set... which would imply (2) 4" conduits with 4- 500MCM & 1 -1/0 in each conduit? Gary Beck 12/26/2007 7:31:24 AM Answer Delete v1. Does drawing E -6 depict a NEW ductbank system? If so, why isn't the existing ductbank system being utilized for the new feeder from Sub A to the decommissioned panelboard (for 1/6/2008 FW: Questions to be answered MDP -A)? Gary Beck 12/24/2007 9:44:53 AM Answer Delete Scott D. Johnson Purchasing Agent Collier County Government 3301 Tamiami Trail East BLDG "G" Naples, FL 34112 Telephone: 239/252 -8995 Fax: 239/252 -6588 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.13/1208 - Release Date: 1/3/2008 3:52 PM 1/6/2008 Page 2 of 2 v SHEET E-4 KEY NOTE 13 PROPOSED FEEDER FROM 1,200 AMP CB IN SUBSTATION A SWITCH GEAR TO PROPOSED PANEL MDP -A LOCATED IN PROPOSED ELECTRICAL EQUIPMENT ROOM. FOUR PARALLEL SETS 4" SCHEDULE 80 PVC EACH WITH 13 -350 KCMIL, I -250 KCMIL N, 143/0 EG) CU THWN INSULATION. SEE DUCTBANK AND ROUTING REQUIREMENTS. l`/ SHEET E -3 NOTE 2 EXISTING FEEDER FROM 1,200 AMP CB IN SUBSTATION A SWITCH GEAR TO EXISTING PANEL MDP LOCATED IN EXISTING ELECTRICAL EQUIPMENT ROOM. FOUR 4" PVC CONDUIT, ONE CONDUIT IS SPARE. THREE CONDUIT EACH WITH {3 -500 KCMIL, 1 -250 KCMIL N, 1 - 43/0 EG) REMOVE EXISTING WIRE AND TURN OVER TO OWNER. YES 2/ SEE RESPONSE TO QUESTION REGARDING SHEET E -4 KEY NOTE 13 THE TIME FOR COMPLETION WILL BE MODIFIED WITH THE PROJECT WILL BE SPLIT INTO TWO PHASES AS FOLLOWS: PHASE 1 - COMPLETE ALL WORK EXCEPT PROVIDING PROPOSED PERMANENT GENERATOR. (PROVIDE PORTABLE GENERATOR(S) AS CALLED FOR UNTIL PERMANENT GENERATOR IS ONLINE AND ACCEPTED) FURTHER INFORMATION REGARDING REQUIREMENTS FOR PORTABLE GENERATOR(S) IS FORTHCOMING. PHASE 2 - INSTALL PERMANENT GENERATOR AND CLOSE OUT PROJECT V THE DIESEL LOCOMOTIVE CABLE SPECIFIED CONNECTS TO A LUG, PROVIDED BY CONTRACTOR, THAT IS BOLTED TO THE E1016 PANEL MOUNT CAM -LOK CONNECTOR. SEE DETAIL SHEET E -5 U7 j TWO PARALLEL SETS MEANS TWO CONDUITS RUN IN PARALLEL EACH �/ CONDUIT WITH THE SPECIFIED WIRE. THREE PARALLEL SETS MEANS THREE CONDUITS RUN IN PARALLEL EACH CONDUIT WITH THE SPECIFIED WIRE. PARALLEL INDICATES THAT THEY HAVE THE SAME ROUTING. UTHE EXISTING CONDUIT INSTALLATION, WHICH WAS NOT INSTALLED IN A DUCTBANK, DOES NOT HAVE THE REQUIRED INTEGRITY. Page 1 of 2 Thomas J Lepore From: JohnsonScott [ScottJohnson Qcolliergov.net] Sent: Tuesday, January 08, 2008 8:44 PM To: Thomas J Lepore Cc: callis m Subject: RE: Solicitation Title: Building F Generator & Electrical Upgrade Thomas: Here are some more questions... Question Asked Asked Answer Delete By Date During the pre -bid meeting it was mentioned that new details or Michael 1/8/2008 corrections would be released. Are these availible? Lester 9:08:00 Answer Delete AM Sheet E -6 indicates the concrete duct to be completely formed. Please form trench 1/8/2008 Michael verify on all sides and we can't utilize walls and 9:07:02 Answer Delete bottom as form. Will the county provide drawings with predicted Lester location and direction of existing subsurface utilities? A1v4 ( ?% The room the new electrical equipment is being located in is very small in relation to the equipment required to be installed and connected. We contend removal of the sub -base floor is required in order to facilitate conduit entries under the floor instead of overhead or along walls. Furthermore, we recommend that the sub -floor be lowered when reconstructed to allow more overhead space for Another is demo 1/8/2008 Michael equipment. option to the room and start anew. All 9:06:50 Answer Delete Lester of these options will allow for adequate space and allow for a much AM neater installation of the required sub - systems and the connections. According to the drawings the room is 18' long x 11.75' wide, please verify as this is critical for the equipment to fit. It is clear that major modifications to this room will be required. Will designs for the required modifications and construction be provided? 4 As per section 32.2 it is implied that the County intends on exercising direct purchase of materials for this project. Is it to be assumed all materials will be handled in this manner? As per section 32.2, is the contractor to assume that materials will be "passed through" at cost from the vendors and if so, is the bid to reflect cost basis numbers for materials with no markup? As per section 5, there is time of performance that seems inadequate. Will 1/8/2008 Michael 9:06:15 this be adjusted to reflect the actual time required to secure the Lester Answer Delete power generator and complete the work? As per section 5, there are AM damages indicated @ $1,251.00 per day. Is there data or documents available to validate the "estimated damages" the County will incur due to delayed completion? If not available, will this data or documents be available upon contract award for review as fair and reasonable? On sheet E -4, the riser shows transformer XT -MP -1 fed out of Marty 1/4/2008 panel CMP which does not have a breaker for this load. Panel EQ Rogers 4:33:42 Answer Delete has a breaker for this load. Which is correct? PM - -1/9/2008 Page 2 of 2 In new panel EQ, circuit 925 feeding Panel C - 3rd Floor, the size Marty 1/4/2008 of the breaker is not shown. Please advise. Rogers 4:12 :54 Answer Delete No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.13/1213 - Release Date: 1/7/2008 9:14 AM 1/9/2008 Question List #2 1. Revision a will be issued soon. 2. Compacted earth may be used as base. Walls are to be formed. The owner will supply site utility plan drawings, however all excavation is by hand. Contractor to contact Utility Location Notification: `NO CUTS' 1 -800- 542 -0088 3. The room will be utilized as indicated on the plans. The plans are to scale. Cutting of slab or removal of slab for conduit installation is part of scope. Floor is to be repaired or replaced as required at same elevation. 4. Answer by purchasing department. 5. The riser diagram on sheet E -4 shows transformer is fed from panel EQ. 6. The breaker is 225 amp 3 pole. It is listed on the panel specification. ley Questions Page 1 of 2 Thomas J Lepore From: JohnsonScott [ScottJohnson @colliergov.net] Sent: Tuesday, January 15, 2008 9:12 PM To: callis_m Cc: Thomas J Lepore Subject: Questions C{yNES %7o Question Asked By Asked Date Answer Delete U The specs call for a UL2200 rating on the unit, however UL2200 calls for 1 main line circuit breaker to be sized at least 100% of the generator output. You are asking for three smaller breakers. Do you want this unit built to UL2200 standards, except for the breakers and just not have the sticker? larry davis 1/14/2008 12:15:38 PM Answer Delete UWill Baldor Generators be an approved manufacturer? Baldor is a publically traded company on the NYSE and uses the same equipment as 2 of the approved vendors. They will be using the same engine as Kohler and the same generator end as Cummins. The specifications on the unit has already been sent to the engineer. Tarry davis 1/14/2008 10:46:40 AM Answer Delete U What is the design intent of the splice and T tap in the old MDP to be demolished and reused as a pull box. Can we reuse existing bus in the MDP as a splice point to eliminate difficulty in splicing and t- tapping the new feeder and the feeder to the fire pump controller? Edmund Szeliga 1/10/2008 3:27:41 PM Answer Delete Sheet E-4 Note 23 reads that the feeder to the fire pump is to be replaced, then Note 24 states the feed from the Fire pump controller to the Fire pump motor is '3" conduit 3 -4 /Os THWN cu, 144 THWN cu eg'. Are we to assume the use of overhead EMT is acceptable, or is this to be cut into the slab like the feed to the fire pump from the ATS. Edmund Szeliga 1/10/2008 2:37:13 PM Answer Delete There are many unposted questions that remain unanswered and several answers to posted questions that are not answered completely that impact ability to prepare a bid for the project. Will adaquate time be provided once all questions fully are answered in order to produce an --r-- fully considered bid? Michael Lester 1/812008 9:00:40 PM Answer Delete During the pre -bid meeting it was mentioned that new details or corrections would be released. Are these availible? Michael Lester 1/8/2008 9:08:00 AM Answer Delete Sheet E -6 indicates the concrete duct to be completely formed. Please verify form on all sides and we can't utilize trench walls and bottom as form. Will the county provide drawings with predicted location and direction of existing subsurface utilities? Michael Lester 1/8/2008 i 9:07:02 AM Answer Delete The room the new electrical equipment is being located in is very small in relation to the equipment required to be installed and connected. We contend removal of the sub -base floor is required in order to facilitate conduit entries under the floor instead of overhead or along 3 walls. Furthermore, we recommend that the sub -floor be lowered when reconstructed to allow more overhead space for equipment. Another option is to demo the room and start anew. All of these options will allow for adequate space and allow for a much neater installation of the required sub - systems and the connections. According to the drawings the room is 18' long x o_ 11.75' wide, please verify as this is critical for the equipment to fit. It is clear that major modifications to this room will be required. Will designs for the required modifications and construction be provided? Michael Lester 1/8/2008 9:06:50 AM Answer Delete As per section 32.2 it is implied that the County intends on exercising direct purchase of materials for this project. Is it to be assumed all materials will be handled in this manner? As per section 32.2, is the contractor to assume that materials will be "passed through" at cost 1%1712008 I pg J Question List #3 1. The UL 2200 standard is to be adhered to and the generator is to be UL2200 labeled. The specified breakers are to be installed on the generator. 2. A Baldor Generator is NOT acceptable. 3. See Sheet E -4 Rev A Riser diagram Key Notes #24 and #25. See sheet E -3 Rev A Elev 1 -1 4. The use of overhead conduit is not acceptable. See answer to question #3 above. 5. See revised Bid Schedule that has been posted. � base COLLIER COUNTY GOVERNMENT PURCIIASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCIIASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -6588 http://colliergov.net ADDENDUM 2Z DATE: Janypry-1�2008 v TO: Interested Bidders FROM: Scott D. Johnson SUBJECT: Addendum # 2—Bid # 08 -5035 "Building F Generator & Electrical Upgrade " Addendum #2 covers the following change for the above - referenced Bid: Replace: the Contract Proposal (pages GC -P -2) from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Mark Callis, Facilities Management Department at 239/774 -8380 or me at 239/774 -8995 or by e -mail at ScottJohnson @colliergov.net. NOTE: Words ' &r ^� �" ".-have been deleted, words underlined have been added. cc: Mark Callis � J zp�Es 08 -5035 Revised Bid schedule ALTERNATE NO.1 (PORTABLE GENERATOR) PROVIDE A 50OKW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE SUPPLIED BY OWNER. PROVIDE CONTROL WIRING FOR AUTOMATIC START. PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL. UNIT PRICING PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID. Unit Price #I Duct Bank Installed Per Linear Feet $ Unit Price #2 Manhole $ PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID. Unit Price #3 Generator, Feeder and Control Installed CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Southeastern Communication Service, Inc. ( "Contractor ") of 2017 Cattlemen Rd., Sarasota, FL 34232, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Building F Generator & Electrical Upgrade, Bid No. 08 -5035 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Thomas J. Lepore, P.E., 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 two hundred twenty six thousand six hundred thirty five dollars and zero cents ($1,226,635.00). GC -CA -1 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 ninety (90) 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 one hundred twenty (120) 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 GC -CA -2 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred fifty -one and eighty cents ($1251.80) 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. GC -CA -3 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 Thomas J. Lepore, P.E. and identified as follows: Building F Generator & Electrical Upgrade as shown on Plan Sheets 1 through 6. Exhibit N: Contractor's List of Key Personnel GC -CA -4 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: Mark Callis, Project Manager 3301 Tamiami Trail East BLDG "W" Naples, FL 34112 MarkCallis(abcolliergov.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: Southeastern Communications Service, Inc. 2017 Cattlemen Rd. Sarasota, FL 34232 PHONE (941) 378 -0080 FAX (941) 378 -0811 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. GC -CA -5 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. GC -CA -6 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. GC -CA -7 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: tITNESSES : Southeastern Communication Service, Inc. V. z By: FIRST WITNESS Michael Lester Type /Print Name SECOND WITNESS Michael McClaskey Type /Print Name Date: b ATTSI' Dwig QroCk Olerk 'L la9k At'test. - tiv, 'to Cha11run t�gndttirt on ■ Approved As To Form and Legal Sufficiency: I Prin/ e: ✓ v Assistant Cou Attorney Ankersmit, Sr. VP Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FL RIDA to�BY: Tom Henning, Chairman GC -CA -8 EXHIBIT A PUBLIC PAYMENT BOND Building F Generator & Electrical Upgrade Bond No. 08930458 Contract No. 08 -5035 KNOW ALL MEN BY THESE PRESENTS: That Southeastern Communication Service , Inc. , as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, located at 1400 American Lane Schaumburq, IL 60196 (Business Address) are held and firmly bound to Collier County Government as Obligee In the sum of One Million Two Hundred Twenty Six Thousand Six hundred thirty Five Dollars and No Cents ($1,226,635.00 ) 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 13th day of May 2008, with Obligee for Contract #08 -5035 Building F Generator & Electrical Upgrade in N/A 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 29th day of May 2008, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GC- CA -A -1 Signed, sealed and delivered in the pr �sepncee of: Witnesses as to Principal STATE OF _ COUNTY OF Florida Sarasota PRINCIPAL Southeastern Communication Service. Inc. BY: NAME: Tony Ankersmit ITS: Sr. Vice President The foregoing instrument was acknowledged before me this 30th day of May 2008, by Tony Ankersmit , as Senior Vice President of _Southeastern CoMmunication Servicea Florida 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: NOTARY PUBWWATE OF FLORIDA Richard W. Wilson Commission #DD755641 '•' Expires: FEB.05,2012 BUVUEUy R ➢AI7A.4TiC➢011DCVGCO.,1NC. (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: w. wlt-sc 0 (Legibly Printed) GC- CA -A -2 Notary Public, State of Commission No.: !�D7S156z/ SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) Witnesses Romeo Shaw STATE OF *N /A COUNTY OF *N /A m Kx- FIDELITY OF MARY 1400 American Lane Schaumburg. IL 60196 (Business Address) 800 - 382 -2150 (Telephone Number) raCt John T. Lettieri of Attorney) DEPOSIT COMPANY * SEE ATTACHED ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this _ *N /A day of ------ _...... *N /A 2007, by ....... .......... _._ *N /A as *N /A *N /A Surety, on behalf of Surety. He /She is personally know n----t --- o me OR has produced *N /A as identification and who did (did not) take an oath My Commission Expires: *N /A (Signature) Name: *N /A (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: *N /A Commission No.: *N /A GC- CA -A -3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of SAN FRANCISCO Jj On May 29, 2003 before me, J. MO, NOTARY PUBLIC na,n Here Dart Name and Tee d the once, personally appeared ___ JIMM T I FTTIERI Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(z) is/are subscribed to the within instrument and acknowledged to me that he /t%kNRX executed the same in hisPARWi*Rauthorized d capacity(m), and that by his/tXV)U hxsignature(sr) on the I MO instrument the person(s), or the entity upon behalf of z l.} COMM. * 1599759 which the person(s) acted, executed the instrument. r" ti.. NOTARYPUBIC- MFORMA U SAN FRANCISCO COUNTY I certify under PENALTY OF PERJURY under the laws MYCOMJISSIONE]ffWFSAJd1ST7,1f09 fY of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above gnatu ry di re of Nota Puc OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 11 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual LJ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary A ociafioo-9350 De Solo Ava.P0Aox 24W -Ch.. M, CA 91313-2002•— NaiiooalN.N, o,g hemY W7 Reorder: Call Toll F,ee 1- 137�7 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d i3 ereby nominate, constitute and appoint John T. LETTIERI, Toni BRANIGAN, Patric Ju ' , all of San Francisco, California, EACH its true and lawful agent and Attorney -in- ute or, and on its behalf as surety, and as its act and deed: any and all bon o gs o such bonds or undertakings in pursuance of these presents, shall be as bi om H ply, to all intents and purposes, as if they had been duly executed and ac ere ers of the Company at its office in Baltimore, Md., in their own proper pe p of ailo slued on behalf of John T. LETTIERI, Mark ROPPO, Tom BRANIGAN, datedi O((l5� The said Assistant ,e�„ es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September, A.D. 2007. ATTEST: e� ocvos oa lne �i v 4 Wvn� State of Maryland City of Baltimore f 911]# qli /_1zI*11A2i1y1 Kole] Pd9e1�V961y 7.1 no Gregory E. Murray Assistant Secretary By: Q-' ' - " _- �'j M. P. Hammond Vice President On this 12th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a�aaos POA -F 016 -0322 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29th day of May — _- _--- _____ -- 2008 Assistant Secretary ♦' i7ir.1011111=48WIN Building F Generator & Elect, ical Upgrade Bond No. 08930458 Contract No, 08 -5035 KNOW ALL MEN 3Y 'f HE5E PRESENTS: That Southeastern Communication Service , Inc. `_ ..............__ ----- _ ------------------------------------------ , as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, located at 1400 American Lane .Schaurr�ulg IL 60196 ...... .,__.. (Business }address) are held and firmly bound to Collier County Government , as Obligee in the sum of ($_1,226,635.00_ .__._.] 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 13th May 2008: with Obligees~ Contract # 08 -5035 Buildina F Generator & Electrical Uoarade day of 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: Performs the Contract at the tirnes and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, casts and attorneys fees that Obligee sustains because of any default by Principal under the Contract, including, but riot lirinited to, all delay darnages, 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 terrns of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywlse 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. GC C-A -A-4 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be fled by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 29th day of May , 2008, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. STATE OF Florida COUNTY OF Sarasota PRINCIPAL Southeastern Communication Service , Inc. BY: NAME: Tony Ankersmit ITS: Sr. Vice President The foregoing instrument was acknowledged before me this 30th day of -- Ly- --- -- -- ---_.__. -., 200X0 by ------- . - - -,- Tony Ankersmit _ as Sr Vice President of Southeastern Communication Service,,Ir)§. Florida corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did /(diiid not) take an oath. My Commission Expires:^ NOTARY PUBLIC-STATE OF FLORIDA (Signature) Richard W. Wilson Comm ssion #DD755641 Expires: FEB. 05, 2012 BUNDED MR APLA.YfIC BONDING CO., INC (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) GC-CA-P.-5 Notary Public, State of: _— Commission No.: I)D 7 s c61f t ATTEST: Witnesses as to Surety ME Witnesses Romeo Shaw STATE OF *N /A COUNTY OF *N /A SURETY: (Printed Name) (Business Address) (Authorized Signature) 'he)� in F ct John T. Lettien Power Attorney) Y AN DEPOSIT COMPANY (Printed Name) 1400 American Lane Schaumburg, IL 60196 (Business Address) 800- 382 -2150 (Telephone Number) * SEE ATTACHED ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this *N /A day of *N /A , 2007, by *N /A as *N /A Of *N /A a *N /A Surety, on behalf of Surety. He /She is personally known to me OR has produced *N /A _ as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) *N /A (Signature) Name: *N /A GC- CA -A -6 (Legibly Printed) Notary Public, State of: *N /A Commission No.: *N /A • • • • T , s�L r., �/".?t_ at_ TU.Z.: re.. y._ ey_ tt✓>,...w....a�...s}.,. %_0_xt_ ». State of California 1 County of SAN FRANCISCO 11 On May 29, 2008 before me, J. MO NOTARY PUBLIC Date Here Insert Name and Tithe of the officer personally appeared _ JONN T I ETTIERI Name(s) of Signers) J. M0 COMM. # 1599759 NOTARY PUBUC•CMFORNIA ; (7 `� % SAN FRANCISCO COUNTY Z MY fAA®AW WIIBNIGUSf 7, M Place Netary seal AD . who proved to me on the basis of satisfactory evidence to be the person(M whose names) is/are subscribed to the within instrument and acknowledged to me that he /bt�i AkRX executed the same in his /ggtgVAR authorized capacity(ues), and that by hisibWYAXIxsignature(et) on the instrument the person(R), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature r Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact [J Trustee C7 Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINr OF SIGNER Number of Pages' Signer's Name:_ ❑ Individual L 7 Corporate Officer — Title(s): _ t7 Partner — Cl Limited ❑ General J Attorney in Fact Ll Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: I 02W7Natlonal N.W,Assecia0o -931 De Soto A„e.POBO 24M- Chatrrorlh.CA 9131320 2 -w Nato iNcia,yorg hem#59 7 Reorder Call Toll Fee, 18 87fi-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d said nominate, constitute and appoint John T. LETTIERI, Tom BRANIGAN, Patric osch i , all of San Francisco, California, EACH its true and lawful agent and iio -in- e i ute or, and on its behalf as surety, and as its act and deed: any and all In to gs bonds or undertakings in pursuance of these presents, shall be as bi u om a N ply, to all intents and purposes, as if they had been duly executed �' }i`�e re o i ers of the Company at its office in Baltimore, Md., in their own proper pe p fro issued on behalf of John T. LETTIERI, Mark ROPPO, Tom BR e said A ,dated \15� The said Assistant Nsc� eby ce rtify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L s said pany, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September, A.D. 2007. ATTEST: �p OEYpf Y State of Maryland ss: C 1 f ity of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Q `"___ `. j M. P. Hammond Vice President On this 12th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o � Dennis R. Hayden Notary Public My Conunission Expires: February 1, 2009 POA -F 016 -0322 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairinan of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29th day of___ May 2008 A) Assistant Secretary ' ''H 1 w ACORD.. ° �CATE+ Qk L I ,• # `I S'En i,' DATE MM DD YYYY) 1 SC ...._;;.u. ' , . ; ��, , ;; osi siz008 PRODUCER ADD Risk Insurance Services West, Inc. ADD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY fka Aon Risk Serv, Inc. of N CA Ins Sery AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 225 W. Santa Clara St. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Suite 1150 San Jose CA 95113 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# PHONE 866 283 -7122 FAx- 847 953 -5390 INSURED INSURER A: old Republic General Ins Corp 24139 Southeastern Communication service, Inc 2017 Cattlemen Road INSURER B: Lexington Insurance Company 19437 INSURER C: Sarasota FL 34232 USA INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR INS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM \IID \YY) POLICY EXPIRATION DATE(MM \DD \YY) LIMITS A ERAL LIABILITY AlCG92140800 05/01/08 05/01/09 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY X DAMAGE TO RENTED $100,000 CLAIMS MADE ® OCCUR PREMISES (Ea oecur ) y UM pCraOa PERSONAL A ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 ❑ LOU POLICY ® PRO- ❑ JECf A AUTOMOBILE LIABILITY AICA92140800 05/01/08 05/01/09 COMBINED SINGLE LIMIT ANY AUTO (Ea accNrnO $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ( Per permn) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accident) Co)) Ded $1,000 PROPERTY DAMAGE (Par MMi ffl) collision Ded $1.000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC H AUTO ONLY AGO 8 EXCESS /UMBRELLA LIABILITY 7022292 05/01/08 EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE $5,000,000 ®DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND A cw X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 : ANY PROPRIETOR / PARTNER I EXECUTIVE E. L. DISEASE-EA EMPLOYEE $1,000,0001 OFFICER/MEMBER EXCLUDED? Ify ,deecribeuMer SPECIAL PROVISIONS E.L. DISEASE - POLICY LIMIT $1,000,000 bebw OTHER 1 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Contract #08 -5035 "Building F Generator & Electrical upgrade ". The owner is included as Additional Insured with respect to the General Liability policy. Insurance is Primary and Non - contributory. waiver of Subrogation is j granted in favor of the Owner and the Policy with respect to the workers Compensation. i .... r ek '. 4y4 aW,q.v 1 Collier CODOty Government Attn: Scott Johnson] Purchasing Agent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 3301 E. Tamiami Trai 1 Naples FL 34112 USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY I OF ANY RIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �A-47ditID 29 (2001108)' ,aa v. n .,1q ... 1 ACORD CORPORATION ACORD u I m E'' a ti. ` DATE (MM /OWB /ri) A 8 05/28/08 / PRODUCER HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Aon Risk Insurance Services West, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE fka Aon Risk sere, Inc. of N CA Ins Sery DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 225 W. Santa Clara St. POLICIES BELOW. Suite 1150 COMPANIES AFFORDING COVERAGE San Jose CA 95113 USA COMPANY Lexington Insurance Company PHONE-(866) 283 -7122 FAX- 847 953 -5390 A INSURED COMPANY southeastern Communication Service, Inc B 2017 Cattlemen Road Sarasota FL 34232 USA COMPANY C COMPANY D 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. CO LTR TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE LICV EXPIRATIO COVERED PROPERTY LIMITS DATE (MM /pD /VY) DATE (MM()D /YV) PROPERTY BUILDING CAUSES OF LOSS PERSONAL PROPERTY BASIC BUSINESS INCOME v/o Ew,n Erase BROAD EXTRA EXPENSE SPECIAL BLANKET BUILDING EARTHQUAKE BLANKET PERS PROP FLOOD BLANKET HIM & PP A X INLAND MARINE 1089599 05/01/08 05/01/09 X Scheduled 51,036,02 OF POLICY Leased /Rented TYPE X $2S0,00 Equipment Flotr CAUSES OF LOSS PERILS I OTHER XNAMED CRIME TYPE OF POLICY BOILER At MACHINERY OTHER LOCATION OF PREMISES \ DESCRIPTION OF PROPERTY Contract #08 -5035 "Building F Generator 8, Electrical Upgrade ". 1 SPECIAL CONDITIONS / OTHER COVERAGES I 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE collier County Government EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Scott Johnson Purchasing Agent 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i 3301 E . Tami ami Trai i BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Naples FL 34112 USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE fF 44 1 ACORIi24 a.' :'8 �`t ACnRD C[1RPnRAT1(1IV 1995.., I e d 9 r 9 Lm t-* b N N b N O O n L m E E z d u W m 61 S EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such rK.aN1635i coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ❑ Yes ❑ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC- CA -B -2 b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ❑ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® Yes ❑ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 GC- CA -B -3 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. GC- CA -B -4 (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. K.aNea:� 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 1 2007 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR 9 ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by , as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC- CA -C -1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date Liquidated Damages to be Accrued Original Contract Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ Project Name) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; 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) nature) DATE:_ re Name & Title) 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) GC- CA -D -1 N Q U U C7 ? S U H W m m I m e I I r u � E _ O O W _ CO II e` Z u v N p I Or N V F W K 06 6 Z_ i m d m W r W z Ja a I m a O o o _ U N @ ❑ _ m Q W X Q ` O rO a O N c E. ill Oa' O 3 j o', U E E N O m L I fn S ? r 2.K yr msl I '. I I. LL al p ¢ T 0 O O ¢ W @ w W J _ L) 12 a = OI C d L L o N � @ I � L r N C 0 @ u 10 W m m @ L im N Q U U C7 W I 0 U m Q (0 E `o W v O d tl! A d N a m 0 N L_ C O U_ 9 L X W 0 U U C7 0 F W m - A C N R C A m V O O d 'C o a a C 0 _ t F fp V 7 N U .50 rn c CL — m o > `m m 'm a y N � F >1 7 j Q O N d d m U � a O E c Z d Q a 0) y C O .Q •L V d D d R i 0 U U C7 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No. : Change Order No.: Change Order Description Original Agreement Amount ............................ Sum of previous Change Orders Amount ........ This Change Order Amount ............................ Revised Agreement Amount ............................ FROM: Collier County Government Construction Agreement Dated: Date: ............................. $ ............................ w ............................ $ 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 Approved by: Division Administrator Approved by: Purchasing Department GC- CA -E -5 Date: Date: Date: Date: Date: Authorized by Director Date: (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -6 Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: 1[.7 ER 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. GC- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title 2007 CONTRACTOR accepts this Certificate of Substantial Completion on , 2007 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2007 0 !i n Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the Original Contract Amount: Commencement Date: of the Contract Documents. Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 2007 All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). 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 11 12 Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. 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: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) GC- CA -G -2 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC- CA -H -1 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 50 a.m. to 50 p.m., Monday through 51. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) 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. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC- CA -H -6 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. Lelffe 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; 8.17 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -H -9 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or GC- CA -H -10 sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12.1 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, GC- CA -H -11 written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 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 Cefoxe7_[:15PA determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 IK.ay_e:6K above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) GC- CA -H -14 calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- 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 GC- CA -H -15 Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in 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. 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 GC- CA -H -17 to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to 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 GC- CA -H -18 construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. GC- CA -H -19 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have ICISYS7_1IM111 authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B. for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or 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. 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 GC- CA -H -21 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: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person [K.ae_e:dva shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 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 GC- CA -H -23 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.neUpurchasing. 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 GC- CA -H -24 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and 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. GC- CA -H -25 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner 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. 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 GC- CA -H -27 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 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. GC- CA -H -28 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this 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. GC- CA -H -29 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC- CA -1 -1 EXHIBIT J TECHNICAL SPECIFICATIONS Specification are enclosed on plan drawings GC- CA -J -1 EXHIBIT K PERMITS ,K.ae_ MI EXHIBIT L STANDARD DETAILS GC- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1