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Agenda 01/08/2013 Item #16E 3 1/8/2013 Item 16.E.3. EXECUTIVE SUMMARY Recommendation to increase the estimated annual expenditures to the amount of$850,000 for Contract#09-5187, "On-Call Mechanical Contractor." OBJECTIVE: To obtain approval to increase the annual expenditure amount for Contract # 09- 5187, "On-Call Mechanical Contractor"to $850,000. CONSIDERATIONS: The Department of Facilities Management is responsible for the maintenance, repair, capital replacement, and construction of County owned facilities. In 2009 the County entered into Contract #09-5187, which allows the selected contractor to install, repair, replace, and maintain all HVAC equipment including but not limited to: chilled water systems, pumps, air-handlers, VAV boxes, outside air units (dehumidification), fans, compressors, condensers, direct exchange units, and variable frequency drives. When awarded, the annual expenditure estimated by staff was based on historical information and expected needs for the foreseeable future and did not take into account unknown or unexpected variables. The Board's approved budget was intended as the spending control and the contract does not reflect spending limits. Recently,the Finance Department began pre- auditing expenditures against staff's original estimates. Therefore,to ensure no interruption in payments, staff is updating its annual estimated expenditures for this contract. Current estimated expenditures for this contract are $650,000. The actual countywide expenditures in the past three fiscal years are as follows: Year Invoices Paid Description FY 10 $327,800 Contractor went out of business FY 11 $560,700 Maintenance and repair FY 12 $1,008,000 Added equipment, capital replacements, repairs Although the average expenditures are below the current approved estimated expenditures of $650,000 there is a trend of increased use of this contract due to departments such as Public Utilities adding new equipment to its equipment list at its well fields, mechanical breakdowns, and capital replacements. Due to this trend, staff recommends an update to the annual estimated expenditures for this contract from $650,000 to $850,000. There are two firms remaining on this 2009 contract including Conditioned Air and Page Mechanical Inc. FISCAL IMPACT: The annual expenses for "On-Call Mechanical Contractor" services are estimated to be $850,000. Funds are budgeted under the General Fund (001) within the Building Maintenance Section's operating budget as well as other County departments. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, does not present a legal issue and only requires a majority vote for Board approval—SRT. Packet Page-1558- 1/8/2013 Item 16.E.3. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorizes an increase of expenditures to an estimated amount of $850,000 under Contract # 09-5187, "On-call Mechanical Contractor." Prepared By: Dennis Linguidi, Manager, Facilities Management Adam Northrup,Procurement Strategist, Purchasing Attachments: • Contract# 09-5187, On-Call Mechanical Contractor • •HVAC Maintenance Equipment List Packet Page-1559- 1/8/2013 Item 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3. Item Summary: Recommendation to increase the estimated annual expenditures to the amount of$850,000 for Contract#09-5187, "On-Call Mechanical Contractor." Meeting Date: 1/8/2013 Prepared By Name: LinguidiDennis Title: Manager-Facilities,Facilities Management 11/20/2012 2:46:17 PM Approved By Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 11/21/2012 1:04:50 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing& Gene Date: 11/26/2012 7:24:13 AM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 11/26/2012 9:00:39 AM Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 11/26/2012 3:28:26 PM Name: DominguezJose Title: Agenda Administrator(LT.) Date: 11/27/2012 4:13:22 PM Name:NorthrupAdam Title: Procurement Strategist, Purchasing Date: 11/28/2012 8:10:20 AM Packet Page-1560- 1/8/2013 Item 16.E.3. Name: TeachScott Title:Deputy County Attorney,County Attorney Date: 12/21/2012 6:02:22 AM Name: PriceLen Title: Administrator, Administrative Services Date: 12/27/2012 1:43:59 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 12/28/2012 4:34:10 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/28/2012 4:58:24 PM Name: KlatzkowJeff Title: County Attorney Date: 12/31/2012 9:10:59 AM Name: OchsLeo Title: County Manager Astiov Date: 12/31/2012 3:35:23 PM mok Packet Page -1561- 1/8/2013 Item 16.E.3. r - CD N N. iL, R LC) N •- r- T- O) CO 1- N LL7 N r r N T- 00 N .- <- N iC) co N T r I- Z E O CD V' 0 co r O CO ,- O In O CO CO 0 O N M O O IA CD IN- 0 .4- 0) N- NCO co Q L!') d Ln 0 ,T CON O O) Lt) ) O O tt Ln O) R R O CO c- .-- 0 0,5 N O ti t ,- 0 t OOp N 0 6 CD 6 ,- N 6 ,- M Lf) O O N t O ti M _O t LC) OD M vi O L N H M ,- ' o M m M ,- O) O0 O) O) M Ln M CD OD 0 r- M o '- M CA 0) 0) LC) OD O LC) Z N N - M - N N N- co co .- N N CO - C N CV CD N - CO N ,- CO O) Lt) M W fa E9 to A '- tRtototH .a totato NN ea '- E4 NNEatRtoH9 to ,- Kito toW4H9toto Ea W fa ce W = U v Q Z J = p to Q Z o 0 Z w Cn HON H N❑ ❑ ❑ ❑ W Z plCmcom _ � co2 ccnpcmncwi� w w _ cco > omnY �cci) pcun7= o0m0... oicwncwwz G J `-- N T , Jti �� `O-' N 2 ^OM ~ `N' 2N .��Co NN`N-'� �NLf)MCn Cn D H v LU v 2 I to 2 M H c OI- o Q Q � Q Z CO 0 M 0 0 ft o W_ co p p p p p p p p p J p � � � p p � LYccccccIrixc � J tY o } Y cc ❑ Y Y Y Y Y Y Y Y Q 2M < 2 z 2 2 2 2ZZZZZZZZ U w Q ~ � p mu Wo 0 o ww � � z ❑ � � � � LmL � LL O � pwow 1- H Q ww W W W www I- I-I-- W W m J J mHp ❑ ] ❑ OHHHHHHHHWJ m w o -aJ ❑ Lomo J mQ JY E 0 m � O mO w } JJwm W JJJJJJJJ0w cr2 w w m ccH 0 0 m W J F- w Q f- O 2 0 0 0 0 0 0 0 0 0 0 Ow 0E- 0 0 z O W0oO z Z Qccm OOm <2o Q � > > pzw cwOO < < 00000000N = ~ > o < � � > > g ¢ s� j m o � E � Qm 000000000 .- 0 0 ct0 0 Lo o O LtM M >- Ln O N- NOM , - LU 0 0 0 0 0 0 0 0 0 N OO M N- O Ln O Lt) CD D) Lt) LU J CY O r- M N- N O O o C`7 J O In L() LL) In Lf) Ln LSD LLB O M o V U C b M N O N I` O CO M M W CD O O N O O N Q) N- N W M 0 0 0 0 0 0 0 0 N CD N- A- h- c- N CO I- CD CI- N- J N- CO OD CD '- CD '- c- O J N . . . . . r ,- CD Cn 2 0 H f 0Z H I OU W ❑ W 0 0 >- o =1Z(1) 1-- 1--W < 0 m O 0 Z Q Q W OZ --I (n wH Y YQ w o 0O 0 m = � QW W OH 0 0 Imo ° 002o Q < CC,' Z Jz 0 JQZZ_ Www °O 0- M 0NNW JQ xx H HJU a X211 AYH OH YH ZWwRwW CAW W � Z - Hw H `ACC QOZQ W W � wzfnQw Et 0_ Qo � ZLJi_ _1 ❑ W D ❑ L� 0- Z -100 J J W w co � ywo 2 2wQ < wm H ❑ amm ,_ FowUOa_ mx0mO 517- 1-7- EE-30 m ❑ O cc co a H H m m ❑ W Q 0_ Z ❑ 0 J w w w w w w LL w Z Q . .‹ ‹ ,, „ N H W W 2 Z O , d co c, 2 2 m 0 0 0 Q w w w , d Q O J ,' LY , , , , o Cn CACnpp � w J > cn2wW vo ° 00m0 WI- NI- W2Hi>- W � ,� cn WWZZ w >. 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AGREEMENT 09-5187 for On-Call Mechanical Contractor THIS AGREEMENT is made and entered into this 9':h day of June, 2009, by and between the Board ' of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Conditioned Air Corporation of Naples, Inc., authorized to do business in the State of FloridEi, whose business address is 3786 Mercantile Avenue, Naples, Florida 34104, (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a tivo (2) year period, commencing on June 9, 2009 and terminating June 8, 2011. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County ,13ommissioners deemed four (4) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for on-call mechanical contracting work on an as-needed basis as may be required by the Owner in accordance with thE, terms and conditions of ITB #09-5187 On-Call Mechanical Contractor and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. Th, execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contract(:r for Owner pursuant to this Agreement and that procedure during the term and any extension of tl- a term of this Agreement. For on-call repair or emergency work, Contraclors shall be contacted in the following order: Piping. Unlimited and. Retro, Inc., Conditioned A r Corp., Hill. York Corp.,. and. Page. Mechanical. Group. For non-emergency work estimates, the County eserves the right to bid or obtain quotes under this Agreement for any job with an estimated c(;st of twenty-five thousand dollars ($25,000) or more. No single job may exceed five hundred thousand dollars ($500,000). Should the County determine not to obtain quote:: from all Contractors under this Agreement, the County shall contact the Contractors in the follov ing order until a successful quoter is obtained: Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical Group. The successful quoter shall be the Contra -Jtor that is able to complete the non-emergency work in the time required by the County. The Owner shall provide a summary of Work to bE, performed which will afford the Contractors the opportunity to submit a formal quotation for the ne v work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. Packet Page-1570- 1/8/2013 Item 16.E.3. In each Request for Quotation, the Owner reserves the right to specify the period of completion ;; and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: For non-emergency or ;:mergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shal be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Conditioned Air Corpon:ition of Naples, Inc. 3786 Mercant 'e Avenue Naples, Florida 34104 Attention: Keith Walker, Chief Operations Officer Phone: 239-x:;43-2445 Fax: 239-6413-0444 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail servi,::e, postage prepaid, addressed to the following ,. County's address of record: Collier County Government Complex Purchasing DE;partment 3301 East Tan Miami Trail Purchasing Building G Naples, Florida 34112 Attention: Steph( n Y. Carnell Purchasing/General : ,ervices Director Phone: 239-2 52-8371 Fax: 239-25'?-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices und:;r this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS, LICENSES, TAXES: In compliance v,ith Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall t e obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Col ier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Conti-,actor is acquiring permits. Packet Page-1571- 1/8/2013 Item 16.E.3. • 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 :)y the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associ;ited with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any itproper, immoral or offensive purpose, or for any purpose in violation of any federal, state, counter or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. in the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Cc:ntractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisi action of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further :;igrees not to commence operation during the suspension period until the violation has been cr.irrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be fc and to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further. the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Boc ily Injury Liability and Property Damage Liability. This shall include Premises and Opera:ions; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bode 1y Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance COVE ring all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 fcr each accident. Special Requirements: Collier County Boar(: of County Commissioners shall be listed as the Certificate Holder and included as an Add tional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this AgrEement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day Packet Page-1572- 1/8/2013 Item 16.E.3. notification to the County in the event Df cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same C ontractor shall provide County with certificates of insurance meeting the required insurance I.rovisions. 11. INDEMNIFICATION: To the maximum ext,:nt permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, il:s officers and employees from any and all liabilities, damages, losses and costs, including, but: not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligsition shall not be construed to negate, abridge or reduce any other rights or remedies which of ierwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident a ising from the sole negligence of Collier County. 12 PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor n.ay indicate on his response to the Request for Quotation his wish to receive Progress Paymmts. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". o- 13. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise ,due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such cl,:rims; (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 mi terial breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor':; expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of tl its Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS: Packet Page-1573- 1/8/2013 Item 16.E.3. A. Time is of the essence in the performance )f any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialm„n, as well as coordinating its Work with all work of others at the Project Site, so that its Wok or the work of others shall not be delayed or impaired by any act or omission by Contrar;tor. 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 supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to as:ts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, qua antine 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 thereo., or be deemed to have waived any right which Contractor may have had to request a time :xtension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause wh;:ttever, including those for which Owner may be responsible, in whole or in part, shall relieve: Contractor of his duty to perform or give rise to any right to damages or additional con pensation from Owner. Contractor expressly acknowledges and agrees that it shall re:eive 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 Dela'," provision. This paragraph shall expressly apply to claims for early completion, as well as to c;laims based on late completion. 16. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Pro nptly after being notified of a change, Contractor shall submit an itemized estimate of any cost (;r time increases or savings it foresees as a result of the change. Except in an emergency endhingering 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 ager t of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Proced,ires in effect at the time such modifications are authorized. A Change Order in the form attached as Ex iibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reap;hed between Contractor and Owner concerning the requested changes. Contractor shall prom;Itly 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. 17. COMPLIANCE WITH LAWS: Contractor agre;:s to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinancE:s, rules, regulations and requirements applicable to the Project, including but not limited to tho;:e dealing with taxation, workers' compensation, equal employment and safety (including, but ni:;t limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that tl'e Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP: Contractor agrees to keep the Pr:)ject 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 Packet Page -1574- 1/8/2013 Item 16.E.3. all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and macl pinery and surplus materials, and shall leave the Project site clean and ready for occupancy by ;owner. 19. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior • consent in writing of Owner. if Contractor dues, with approval, assign this Agreement or any part thereof, it shall require that its assignee b bound to it and to assume toward Contractor all of the obligations and responsibilities that Conl-actor has assumed toward Owner. 20. WARRANTY: Contractor shall obtain and e sign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contra :tor warrants to Owner that any materials and equipment furnished under the Contract Doc( ments 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 al materials and equipment furnished under the Contract Documents shall be applied, inst,.(Iled, 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, C.,)ntractor shall correct it promptly after receipt of written notice from Owner. Contractor shall al .o be responsible for and pay for replacement or repair of adjacent materials or Work which ma■I be damaged as a result of such replacement or repair. These warranties are in addition to these implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of perfc rming their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued ,:mployment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jur sdiction 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 conn. ction therewith and furnish to the Owner the required certificates of inspection, testing or ar proval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK: A. Contractor shall fully protect the Work from los.3 or damage and shall bear the cost of any such loss or damage until final payment has be,:n made. If Contractor or anyone for whom Contractor is legally liable is responsible for ai iy loss or damage to the Work, or other work or Packet Page-1575- 1/8/2013 Item 16.E.3. materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replacE: such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will en danger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, ;;ontractor shall immediately notify Owner. The Owner shall re-establish the benchmarks an i Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES: In the event of any emerge icy affecting the safety or protection of persons or the Work or property at the Project site 1 i adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have I►een caused thereby. If the Owner 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 (4U) hour written notice noted above, the Contractor shall be deemed to have waived any right it c therwise may have had to seek an adjustment to the Contract Amount or an extension to the Co itract Time. 25. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall nolify Owner in writing that the entire Work (or such designated portion) is substantially complete a id request that Owner review the Work. Within a reasonable time thereafter, Owner and Conti actor shall make an inspection of the Work (or designated portion thereof) to determine the :status of completion. If Owner does not consider the Work (or designated portion) substantially" complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall so advise Contractor in writing and include a l?ntative punchlist 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 portions thereof) after the date of Substantia I Completion, but Owner shall allow Contractor reasonable access to complete or correct item, on the tentative punchlist. Upon receipt of written certification by Contracl Dr that the Work is completed in accordance with the Contract Documents and is ready for final i tspection and acceptance, Owner will make such inspection and, if Owner finds the Work acc:Ttable and fully performed under the Contract Documents, he shall notify the Contractor in ivriting, recommending that on the basis of his 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 dt e and payable. Final payment shall not become due and payable until Contractor submits: Packet Page-1576- • 1/8/2013 Item 16.E.3. (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidav' Form, attached as Exhibit "B". (2) If required by Owner, other data estiblishing payment or satisfaction of all obligations, such as receipt, releases and waiver; of liens, arising out of the Contract Documents, to the extent and in such form as may In designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until tl'e Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Dat;1. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy c:r utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under thi' Agreement, Owner will suffer financial loss if':he Work is not substantially completed within the time specified in the Request for Quotation. :'.hould Contractor fail to substantially complete the Work within the specified time period, Owner :;hall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achielred. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms horeof. Contractor hereby expressly waives and relinquishes any right which it may have t: seek characterize the above noted liquidated damages as a penalty, which the parties agre represents a fair and reasonable estimate of the Owner's actual damages at the time of contr acting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If he last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday 1)y the law of the applicable jurisdiction, such day shall be omitted from the computation, and thin last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Facilities Management Department. 28. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached of referenced component parts, all of which are a3 fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 09-5187, any Packet Page -1577- 1/8/2013 Item 16.E.3. Quotation/Purchase Order made or issued pu suant to this Agreement, and any related plans or specifications for any such Quotations or Purc lase Orders. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, ;lift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 11;>., Part Ill, 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 he individual and/or firm for cause. 30. SUBJECT TO APPROPRIATION: It is furth ar understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are al;plicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By ea;ecuting and entering into this agreement, the Contractor is formally acknowledging without 1;;xception 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 di;>cretion to unilaterally terminate this agreement immediately. 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:. Collier County encourages and agrees to the successful proposer extending th a pricing, terms and conditions of this solicitation or resultant contract to other governmental entil es at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remainin:p portion of this Agreement shall remain in effect. Packet Page-1578- 1/8/2013 Item 16.E.3. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seal;+ on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST r COLLIER CO TY, FLORIDA Dwight E Br ,491erk of Courts B. %,. ;. . el.,-/i.......-.;-:,... By: D�-mw de--0.-4,- .�-4 49.. , 4.--- ' � J . . �:' Donna Biala, Chairman ,, r � �.? / �e Dy aed li C err r � 3 s x. "'' Corporation of Naples, Inc. ��� �� •., Conditioned Air Corpo n p , gCk.ontr for B i � k V ..—c_PVIA--a—* 1434d4)4----First Witness Signature b a v c h.21._e n v K.{. ..1" w e ' J • pe/Print Witn= s Name Typed Signature 41.....(4.LA.: 1_1,.,.., . t e C.11\10:f ()Per c...t..,445 (3-P-P: c--e r Second Witness Title ' ire n() o[ eL v &- Type/Print Witness Name Approved as to form and legal sufficiency: NIKeekt-fteekv Assistant County Attorney ektl een M.6reerL. Print Name Paae -10- Packet Page -1579- 1/8/2013 Item 16.E.3. EXHI 3IT A Hourly Rates .Ind Mark-Ups Supervisor $56.15/hour Licensed Journeyman $49.91 /hour (Must be able to provide a copy of licenses (Journeyman Card) if requested, including but not limited to verification for invoicing and on the job verification.) Apprentice $38.24/hr. Percentage Mark-Up over actual cost for materials 19.5% (No mark-up on rental equipment charges) Percentage Mark-Up on Subcontracted Work 7.5% Packet Page -1580- 1/8/2013 Item 16.E.3. EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) • Before me, the undersigned authority, perso sally 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 assign:, 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 betwe:>n Contractor and Owner, dated 20_for the period from to_. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other 3xpenses 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) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted a aainst the Owner arising out of the performance by Contractor of the Work covered by this Release and Afi davit. (4) This Release and Affidavit is given in connection v'ith Contractor's [monthly/final] Application for Payment No. CONTRACTOR I:iY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged befo e me this day of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Packet Page-1581- 1/8/2013 Item 16.E.3. EXHIIi;IT C FORM OF CONTRACT APP LICATION FOR PAYMENT (County Project Many ger) Bid No. 09-5187 (County Department) Project No. Collier County Board of County Commissioners (the OWNER or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Represe:itative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address I RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ _ and stored to Date $ Retainage @ %after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: '% AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPAt''YING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTI tACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Coiitract 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 ai d equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWN ER 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 eceived from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized repre: =ntative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE 7 HIS 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) Packet Page -1582- 1/8/2013 Item 16.E.3. EXHIBIT,D CHANGE OI:DER CHANGE ORDER NO. CONTRACT NO.09-5187 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 You hereby are authorized and directed to make the folic wing change(s)in accordance with terms and conditions of the Agreement: FOR THE(Additive)(Deductive) Sum of: $ ($ ) Original Agreement Amount $ Sum of Previous Changes $ This Change Order(Add)(Deduct) $ Present Agreement Amount $ The time for completion shall be(increased/decreased)by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. Thu substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and co editions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustr lent, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of o related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: )WNER: BOARD OF COUNTY COMMISSIONERS )F COLLIER COUNTY,FLORIDA By: By: DESIGN PROFESSIONAL: By: • Packet Page-1583- 1/8/2013 Item 16.E.3. Client#:56004 CONAI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/19/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Naples,FL 34103-3303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED NSURERA Amerisure Insurance Company Conditioned Air Corporation NsuRER e: of Naples Inc. 3786 Mercantile Avenue NsuRER C Naples,FL 34104 ;NSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREI;NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME,IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Ili SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: INSR ADM LTR INSRC TYPE OF INSURANCE POLICY NUMBER POI CY EFFECTIVE POLICY EXPIRATION DA E(MM/OD/ Y1 DATE(MMNDlYY) LIMITS A GENERALLIABILrrY GL2008478050008 0411)1/09 04/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL.GENERAL LIABILITY PREMISES(EeENTEDence) $300,000 CLAIMS MADE in OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY I ^I JECOT- n LOC A AUTOMOBILE LIABIUTY CA20084770601 04/11/09 04/01/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS • (Per acddent) • PROPERTY DAMAGE $ (Per acddent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN - AUTO ONLY: AGG $ A EXCESS/UMBRELLAUABIUTY CU200848005 04/01/09 04/01/10 EACH OCCURRENCE $5,000,000 X I OCCUR I I CLAIMS MADE AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $O $ A WORKERS COMPENSATION AND WC201624707 01/01/09 01/01/10 X Tow ,jMITS! O R EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/'PECIAL PROVISIONS *30 days cancellation notice,except 10 days for non-payment. Certificate Holder is Named as Additional Insured on a primary basis ZIS respects to General Liability Only as needed by contract,per form CG 70 48 03 04.(Contractor's Blanket Additional Insured Endorsement). Excess liability is over&above workers compensation policy. CERTIFICATE HOLDER CAIJCELLATION 10 Days for Non-Payment SHO:LEI ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County DATI:THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL nn , DAYS WRITTEN Commissioners NOTII:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail MPG IE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples,FL 34112 REPII ESENTATIVES. I ALIT'ORIZED REPRESENTATIVE '- .--" ;:7;-"---z,CO Sf ei.—.--_- ACORD 25(2001/08)1 of 2 #S360546/M359783 ERL @ ACORD CORPORATION 1988 Packet Page -1584- _ 1/8/2013 Rem 16.E.3. IMPORTANT If the certificate holder is an ADDITIONAL INSURE D,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certi cate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the term.;and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCU'.IMER The Certificate of Insurance on the reverse side of his form does not constitute a contract between the issuing insurer(s), authorized representative or ,roducer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S360546/M35t- Packet Page -1585-