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Backup Documents 12/15/2009 Item #16E 6 16EP"6 MEMORANDUM Date: February 3, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Contract #09-5323 "On-Call Plumbing Contractors" Contractor: Four Star Plumbing Contractors, Inc. Attached is an original contract, referenced above (Item #16E6) approved by the Board of County Commissioners on December~09. Is An original will be kept in the Minutes and Records Department for the Official Records of the Board. If you should have any questions please contact me at 252-7240. Thank you. Attachment ITEM NO.: to,- j:12c- o/WlA 16EI6 FILE NO.: v'#ilJi. i,~<MI!:VED: '()" I iii',,\, I\n()R~Ir-'1 'J ",J;" .' . " ' ' ,,- REQUEST FOR LEGAL SERVICES ("c. "; 29 Pi" 2: 23 ~ -A-7t~~ L? cV\'~ 'W ~ ~ ~<r-o {I,v {Jv 'v ~ ~'&. 11' . (f:1 ~lJ~t> ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: January 22, 2010 To: Office of the County Attorney Jeff Klatzkow From: " Lyn M. Wood, C.P.M., Contract Specialist ~ Purchasing Department, Extension 2667 ~J' ^ i \ -- '5\2.. \ :;1-\ ~\ \0 \)~ Re: Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: Shamrock Plumbing & Mechanical, Inc. Precision Plumbing Services, Inc. ';Four Star Plumbing Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 15, 2009, Agenda Item 16.E.6 ~ This item has not been previously submitted. Contract review and approval. ~-~ 'L-\'? 10 ACTION REQUESTED: OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Damon Gonzales, Facilities Management MEMORANDUM TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist A,Jt..,,!'- Purchasing Department 'jJ\~ January 22,2010 FROM: DATE: RE: Review Insurance for Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: Shamrock Plumbing & Mechanical, Inc. Precision Plumbing Services, Inc. .; Four Star Plumbing Contractors, Inc. 16E"'6 This Contract was approved by the BCC on December 15,2009, Agenda Item 16.E.6 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. nATE REC€lVEO .IAN 26 2010 1ISl< 1{;:,.NAGEMEtfl dod/LMW C: Damon Gonzales, Facilities Management www.sunbiz.org - Department of State 16a~ 1 ct6 Home Contact Us E-Filing Services Document Searches Forms Help E'r~'1iQY~QnJ"jsJ Next o!LList B.e\!lm To l.isl IEntity Name Search Submit I No Events No Name History Detail by Entity Name Florida Profit Corporation FOUR STAR PLUMBING CONTRACTORS, INC. Filing Information Document Number P02000063957 FEIIEIN Number 030461392 Oate Filed 06/10/2002 State FL Status ACTIVE Principal Address 2403 TRADE CENTER WAY #3 NAPLES FL 34109 Changed 01/16/2009 Mailing Address 2403 TRADE CENTER WAY #3 NAPLES FL 34109 Changed 01/16/2009 Registered Agent Name & Address WILLIAM L. ROGERS, P.A. 800 SEAGA TE DR., SU iTE 303 NAPLES FL 34103 us Officer/Director Detail Name & Address Title PO ULRICH, ARTHUR A 5097 TEAKWOOD DR. NAPLES FL 34119 Title DST ULRICH, TRACY E 5097 TEAKWOOO OR NAPLES FL34119 Title V ULRICH, JASON 5097 TEAKWOOD DR NAPLES FL 34119 Annual Reports http://www.sunbiz.org/scripts/cordet.exe.?action~DETFIL&in.Ldoc_number~P02000063...Il/25/2009 RLS#..l/2-/Jin_ IlFIIt.Q 1 L E 6 CHECKLIST FOR REVIEWING CONTRACTS ~ Entity Name: fOld STAll.. A.l.Il1U!.W6- fI"AJrtU"<!7rJA>, JJJC. Entity name correct on contract? Entity registered with FL Sec. of State? . V":. Yes ~Ycs No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 11\1\ l L. Products/CompUOp Required $ __~ Personal & Advert Required $ Each Occurrence Required $___ Fire/Prop Damage Required $ n_ Automobile Liability Bodily Inj & Prop Required $ ~('- Provided $--1 1\1\.1 I Workers Compensation Each accident Required $ S(J(J) Dt>() Provided $ I Ml L n Exp Date Disease Aggregate Required $__.__ Provided $ _.~__ Exp Date ____ Disease Each Empl Required $ Provided $ ~,_ _ Exp Date Umbrella Liability :> r ( Each Occurrence Provided $_L/UI L Exp Date _~o n Aggregate Provided $ I' Exp Date < , _ Does Umbrella sufficiently cover auy uuderinsured portion') ~Yes Professional Liability Each Occurrence Required $ Per Aggregate Required $_ Other Insurance Each Occur Type: ~Yes ~Yes v" Yes --.V Yes No No No No Provided $ ;:;l. MIL Provided $ I' Provided $ -1iIM"l.-- Provided $__.~I_.__ Provided $ 5-0) ~~o Exp. Date 3(' liP Exp. Date L' Exp. Date _~~~~ Exp. Date \..' Exp. Date .., Exp Date 3/1 II/) , t /.).{31 liP " ., No Provided $ Provided $ Exp. Date__ Exp. Date Required $ Provided $ --- Exp Date County required to be named as additional insured? County named as additional insured? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? _~Yes - No ~Yes No V"'"\' e s No Yes -t.L-No Yes No .- Yes No Yes No - \./ Yes No _ L./'Yes No _vYes No ~es No Indemnification Does indemnification meet County standards? Is County indemnifying other party? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? t>l\i\ \ VYes ~Yes -V"_ Yes No No No Attachments Are all required attachments included? ---LyCS No ~ Reviewer Initials: ._. Date: 04-CO.'\- 1030222 16 E~ 6 A G R E E MEN T 09-5323 for On-Call PlumbinQ Contractors THIS AGREEMENT is made and entered into this ,;--t<' day of U.u:e....... hu- ,20Q2, 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 Four Star Plumbing Contractors, Inc., authorized to do business in the State of Florida, whose business address is 2403 Trade Center Way, #3, Naples, Florida 34109 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on January 9, 2010 and terminating January 8, 2011. This contract shall have three (3) 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 Commissioners deemed three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete on-call plumbing services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5323 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement The 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 Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. . For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. . For work more than $50,000 and less than $500,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. . In no case may a single repair or new installation job exceed $500,000 on resultant contracts of this ITB. 09-5323 On-Call Plumbing Contractors Page -1- 16E 6 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. Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit B, Charges, or lump sum. 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 shall 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: Four Star Plumbing Contractors, Inc. 2403 Trade Center Way, #3 Naples, Florida 34109 Attention: Arthur A. Ulrich, President Telephone: 239-513-6920 Facsimile: 239-514-3691 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 service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 09-5323 On-Call Plumbing Contractors Page -2- 16E 6 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 with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be 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 Collier 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 Contractor is acquiring permits. 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. 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. 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 improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county 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 Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction 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 agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found 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 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 Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; 09-5323 On-Call Plumbing Contractors Page -3- 16E '6 Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering 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 $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional 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 notification to the County in the event of 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 Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11 INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the 09-5323 On-Call Plumbing Contractors Page -4- 16E 6 Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 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. 14. 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 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's 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 this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. 09-5323 On-Call Plumbing Contractors Page -5- 16E""6 A. Time is of the essence in the performance of 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 materialmen, 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 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 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. C. 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 his 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. 17. CHANGES IN THE WORK. 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 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and 09-5323 On-Call Plumbing Contractors Page -6- 16E 6 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 Owner in writing. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 21. WARRANTY. Contractor shall obtain and assign 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. 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. 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 performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, 09-5323 On-Call Plumbing Contractors Page -7- 16E 6 insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 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 endanger 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, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any 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 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 been 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 (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have 09-5323 On-Call Plumbing Contractors Page -8- 16E 6 had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor 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 notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative 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 Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly notify Contractor in writing, 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 due and payable. Final payment shall not become due and payable until Contractor submits: (1) Consent of Surety (if applicable) to final payment. (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) 09-5323 On-Call Plumbing Contractors Page -9- 16E 6 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. 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 or 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 this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall 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 achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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 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 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. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Exhibits A and B, Insurance Certificate, Bid No. 09-5323, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 09-5323 On-Call Plumbing Contractors Page -10- 16E 6 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. 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. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33. IMMIGRATION LAW COMPLIANCE: 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. 34. 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. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The 09-5323 On-Call Plumbing Contractors Page-11- 16E 6 negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. c c c c c c c c c c c c c c c 09-5323 On-Call Plumbing Contractors Page -12- 16E 6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .' DwightE: Brock, Clerk of Courts By: Date~:~J~~ 2JJ UL attat.tl. tl'llllll , .'9Htlrt 01 f ~ --s4 ~ -, ."~-Lk.. First Witness ~nrrf) \~I(.\1 . Type/Pri~t Witne ,1 Name " l't t \.\ \ (7-\((1'( LtC ~v Second II'I7ifr1€ss ~Ic \ \ t C [L-cd. t. \,,, Type/Print Witness Name Approved as to form and 1:;(?j~L l\1;l;il;~l County Attorney 1;)')0. ,$'.... If If? .?A-~ Print Name 09-5323 On-Call Plumbing Contractors BOARD OF COUNTY COMMISSIONERS COLLIER CO),JNTY, FLORIDA , , ;/1 / f .- By: 1\-rP-rr,^- ,.;;I'.t et.4_ -V,'nna ''FialaCl,airman Four Star Plumbing Contractors, Inc. ct]: rj By: ~~J.--... Signature ~ -\hu.r L\ Iv 1(\, Typed Signature PrtS,dCin- Title Page -13- 16E 6 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 09-5323 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ) for the payment whereof we bind personal representatives, successors and assigns, as ($ ourselves, our heirs, executors, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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, day of pursuant to the above parties have executed this instrument this 20_ the name of under-signed representative, authority of its governing body. 09-5323 On-Call Plumbing Contractors Page -14- 16E 6 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 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 Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses 09-5323 On-Call Plumbing Contractors Page -15- 16E 6 (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 09-5323 On-Call Plumbing Contractors Page -16- 16E 6 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5323 WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 09-5323 On-Call Plumbing Contractors Page -17- 16E 6 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of corporation, on behalf of the ,a 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 Commission No.: 09-5323 On-Call Plumbing Contractors Page -18- 16E 6 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of personally known to me OR has produced who did (did not) take an oath. , Surety, on behalf of Surety. He/She is as identification and My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 09-5323 On-Call Plumbing Contractors Page -19- 16E 6 EXHIBIT B Charqes 1. Cost per hour per skilled worker for County business hours - Monday through Friday, 8:00 AM to 5:00 pm Helper/Apprentice $65.00/hour $60.00/hour $50.00/hour Master Plumber Journeyman General Laborer $30.00/hour 2. Percentage of mark-up over actual cost for for materials 15% 3. Response time for emergencies 1 hour 4. Response time for on-call non-emergency work 1 hour 09-5323 On-Call Plumbing Contractors Page -20- JAN-22-2010 FRI 02:03 PM FAX NO, 16 E p, P FEDERAtED MUtUAL INSURANCE COMPANY J-Iome Office: P.O. Box 328 Owalonna, MN 55060 Phone: 1-888-333-4949 DATE IMM/DDIY't'1 01/22/10 Tt-IIS CERTIrICAT~ IS ISSUED AS A MATTER OF INFORMATION ONLY AND COIIIFERS 11I0 RIGHTS UPON TH~ CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND Of! ALTER THE COV~RAGE AFFoRD~D aY THE POLlCI~S BELOW. COMPANIES AFF.9.RDING COVERII.GE COMPANV F",DERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY PflOOUCER INSUFlED FOUR STAR PLUMBING CONTRACTORS INC 2403 TRADE CENTER WAY STE 3 NAPLES FL 34109 298-427.6 COMPANY B COMPANY C TH)S IS TO CER'r1FV THAT TH~ pOl..lClES OF INSURANC~ l-ISTJ:D BEl-OW HAVE BEEN ISSUED TO THE INSIJPiI;p NAMED ABOVE FOR THE POLICY P~RIOO INDICAT!:;D, NOTWIn-ISIANDING ANY REQUlr-iEME:NT, TERM OR CONDITION OF ANY CONTRAcr OR OTHER DOCUMlENT WITH RJ:SPECT 1'0 WHICH THIS CERTIFICATE MAY EloE ISSUED OR MAY PERTAIN, nil: INSURANCE AFFORDED BY '(HI! P'OI-ICIES DESCRI6~O HgRE:fN IS SUBJEcr .,.0 ALL THE TERMS, EXCLUSIONS A.N~..CONOITIONS OF .SUCI-I pOLICIES. LlMrr~2.I-I.Q.WN MAY HAV~ B~EN REO~CED 6Y PAID CL.AIM~.' CO LTO TYPE OF INSUflANC~ POLICY NUM~~R POUCY EFFECTIVE pOwcy ~P)flATION IJMI'J'$ DATE IUM/DL11YYI "ATE IMMIDD/YVI QJON~~A"~.~OGflEuA'r~ ~,DOO.OOO F'ROpI,JCTS, COM~(OP AGG 2 000,.000 9411970 .03/01/09 03/01/10 Pi:Fl.s9NAL 50 Ar.lV INJURY . 1 .000,000 !:ACf1 OCCURftE.~CE 1 000,000 rlRE O_~MAtJf. IAny tint! fir") . 50,000 M!=:P iOXP (AllY lJflll Br<lonl COMIlINED 5INGI.E LIMIT 1.000,000 POD1LY II'IJURY 9411971 03/01/09 03/01/10 If'llf pllr~Dnl OOOllY Ir-JJURY (Por ili:i:lqtHl~1 PROPERTY DAMAGE ~!q .9NLY . I::A AC;C;IDENT OrHI;R THAN ^l!!0 ONLY: EACH ACCIDENT . .EACH OCCUI'lRt:.NCJ;: 9411972 03/01/09 .03/01/10 .lI,G.GFH~G~TE._ A .E~ERAL I.IAFm,rrV COMMERCIAL G~Nt:.AALL)^BILlTY CLAIMS MADE 00 OCCUR OWNER'5 & CONTRACTOR'S FRO'!' X D:USINESSCWNEA~~ POLICY A AUT(lMOFlll!e LIABILITY ~_ ANY AUrO AI-.L OWNED AUTOS SCHF.DU~O AUTOS X HIRED AUTOS .,x. [IlON.OWN~D AUTOS tOARAGIi LIABiliTY ANY AlnO EXCESS UA~JLITY A X UMaRELL^ FORM OTHER THAN UMPRi::LLA r-Q.9M WOFt.1CEAS COMPENSATION AND !eMPlOYERS'llABIIJTY THE PROPRIETORI FAF1TN'EF1Q/~)(:I'.C:LlTIVE OFfICJ::f1S....fl1'.: OTHER !NCL EXCL ~OIHEA::;E - POLICy ~IMlT f.1. DISEASE - fA EMFLOYEE DESCRIPTION of OI"!:FlATlONS/lOCATIONSIVEHIClIIS/SPECIAlITEM5 sgl! ATTACHED PAt;iE SIWUlCl ANY OF THE; A&OV!e DESCRIBED POLIClI:S ~E CANCElLED Bf.fORg 'IHf; El<.fIRATIQN DATl:: THEREOf, THe. I$~I,JING COMPANY WILL IiNP~VO~ TO MAil ~ DAYS wRrtTf.N NOnCg TO HIE CERTlfICA'I'E; HDLPgFl NAMED TO rHf U,FT. aUT FAIUJAE! TO MAll SUCH NOr~c~ SHA.LL IMPOSE NO Olil-lQA'nON OR LIABILITY T5 OR AI'-FflEsI;'N'tATIVI::S. COLLIER COUNrv BOARD OF COUNTY COMMISSIONERS 3301 E TAMIAMI TRAIL NAPLES FL 34112 JAN-22-2010 FRI 02:03 PM FAX NO, 16 ~, 036 CERTIFICATE OF INSURANCE IN5Uft.;lJ 298-427-5 FOUR STAR PLUMBING CONTRACTORS INC 2403 TRADE CENTER WAY STE 3 NAPLES FL 34109 DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLES/SPECIAL ITeMS CERTIFICATEHOlDER IS AN ADDITIONAL INSURED SUBJECT TO TI-IE CONDITIONS OF THE ADDITIONAL iNSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO liABiliTY. ANY AND All WORK PERFORMED FOR COLliER COUNTY BY FOUR STAR PLUMBING CONTRACTORS INC. CERTIFiCATE HOLDER COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 E TAMIAMI TRAil NAPLES FL 34112 96 JAN~22~2010 FRI 02:03 PM FAX NO. 16 E P. 06 ,....,".w_v,w,~." ; A CORD,. . :i::. '- ,', ,",.:. '.~, ':'~~';<'~ ,:.:.,.,: .,~ ..i ,:.~}l: (,,:.~;..'~'i' ;-ox DATI! IMM/OD/YVI 01/22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLPER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COV~RAGE COMPANY FI?:PERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERViCE INSURANCE COMPANY I"FlODUCEfI FEDERATED MUTUAL INSURANCE COMPANY Home Office: P.O. Box 328 Owalonna, MN 55080 Phone: 1 '888-333-4949 INSUREJ;l FOUR STAR PLUMBING CONTRACTORS INC 2403 TRADE CENTER WAY STE 3 NAPLES FL 34109 296.427.6 COMPAN'/ B COMPANY C COMPANY D 'rHIS IS TO Cr=RTIFY TI'IAi TH~ POLICIES OF INSU(.JANC~ LISTED BeLOW HAVE BEeN ISSUED TO 'rHE INSURED NAMED ABOV!:; FOR THE F'OUCY PERIOO INDIcAteD, NDTWliHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONiAp.CT OR aTH!:;;R POCUMEN'r WITH RESpeCT TO W!-IICH THIS CISRTlFICATE MAY aE IsSUED DR MAY PERTAIN, 'tHe INSURANCE AfFORDED BY rHe POLICIES OgSCFlIBED 11,.:Ri:IN 15 SUBJeCT TO AI.I. THE TERMS, J:XC;~USJONS ANl? CONPITIQ~S or- SUCH ~OLICIES. lIM!"fS sHOWN MAY. HAVe. aEEN REpUCED BY PAI,!J CJ.AIMS. CO TYPE OF INSl.lAANCE POLICY NUMI!I!!f1 pOuCY EFFECTtVg POLICY EXPIRATIOl\l WMITS ,.,. PATIi t.MMIDDIYY'! DATE IMMIDI'J!YY) GI!N'fIA,lllABIU1'Y GENSRAI- AGG,flfGAili , 2.000,Q9L- cOMMlmCIAL GEN"'RAL LIABILITY flRODUCT$. CQMPIO,f' AGO . 2,000.000 A _ cLNMS MADE 00 OCCUR 9411970 03/01/10 03/01/11 P~ASONAL &, AOV INJURY . 1 OOQ,OOO QWNliR'S &, CONTRACTOR'S pROT _~ACI1 OCCUAREl':JCE . 1 .000,000_ X I3USlr'o!ESBOWNEOR'S POLICV FIFi~ DAMAG! (Any all~ fire) 50.000 MF.:O EXP lAr,v cnll por~lln) AUTOMOklLIi UA81L1TY 1,000.000 X COMS1NED sINt.iI-E liMIT . ANY AU-tO AI-I- QW~EP AUleS aODl1- y INJl.lflY A SCHEOULF.D AClTOS 9411971 03/01/10 03/01/11 If'sr por~Qnl X HIR~I:J AUTOS BOI;lII-Y INJUfly X NON-OWNF.~ AUTOS lpersccldontl -,"- -. PflOPgFlTY OAMMt: ~AA'" UABILlTY Atn:fl ONLY. t:A ACqpE~T ANY ALlTO OiHER nl~N.AUTO ONLY; ~f\CH ACCJDEN'I' A~(iRj;;GATE , EXCl'.SS LIABILITY ~A~,~ OCClJAR!:'NCli _ ,~~OpO.OOQ A )( Ufv'lElf1~hJ,A FOflM 9411972 03/01/10 03/01/11 At.iG"AIOGA T~.. , 1,OOO,9~ OTHliR THAN UMI3A!:LLA FOAM WOllKERS cOMPENSATION ,ll.NO ElIIIPLOYI=RS'LIABILlTY iHIO f1ROpmETORI INC~ PAFtTNEA5/EXF.CUTIVE OFFlCERS ARt:: EXCL OTHER DESCRIPTION 01' OI'EAATIONS/LOOAi'lONS/VEHICLES/SPECIAL ITEMS 5E;~ATT"'CMEO PAGS SHOULD ANY OF rHg ABOVE p~$CFlmED 1'000ICI~$ llli CANCEI.I-I!;P aGFOrtE TH~ EXPlRATIOr-l DATE THIOREOF, HIE ISSUING COMPANY WIlL ENDEAVOR 'ra MAll --10.... DAYS WRITTEN NOrlCE TO TI~E CEfmFICATli HDWI:H NAMED TO TH~ LEFT, E1Ul' FAILURE TO MJI,.IL SUC11 NOTIC~ S~IALl lMPO$t: ~O OBLIGATION on lIAfIlUTY . JTS AG TS OA rtEPR(;$':<NTATlVES, COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS 3301 I" TAMIAMI TRAIL NAPLES FL 34112 JAN-22-2010 FRI 02:04 PM FAX NO, 16 ~, 056 CERTIFICATE OF INSURANCE INSURED 2t18-427-S FOUR STAR PLUMBING CONTRACTORS INC 2403 TRADE CENTER WAY STE 3 NAPLES Fl 34109 DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATEHOlDER IS AN ADDITIONAl. INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. CERTIFICATEHOI.DER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL iNSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. ANY AND ALL WORK PERFORMED FOR COll.lER COUNTY BY FOUR STAR PLUMBING CONTRACTORS INC. CERTIfiCATE HOLDER COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 E TAMIAMI TRAIL NAPLES FL 34112 96 Jan.22. 2010 12:40PM 16E No9125 p. 1/1 6 ACORD,., CERTIFICATE OF LIABILITY INSURANCE I 0112212010 PRODUC5R THIS CERnACATE 1$ ISSUED AS A MATTER OF INFORMATION Risk Concepts COIporatlon ONLY AND CONfERS NO RIGHTs UPON THE CERnFICA TE HOLoER. THIS CERT1FlCATE DOES NOT AMEND, EXTENO OR 410 43rd S_tWest Suite N AL TEl< THE COVJ;RAGE AFfORDED BY THE POUCIES BELOW. Br'd.~~L,34209 INSURERS AFFORDING COVJ;RAGE NAIC* 877-746- 09 I INSURER A: Southern Eagle Insurallce CompM Administrative Concepts CorpOi'ation INSURER B: UOyds of LondQn AA-1122QOO 406 43rd Street Wes, INSURER C: Asp$ft Reinau~nce AA-1120337 Brad.nton Fl., 34209 INSURER 0: Max ~e Bermuda M-31g0829 INSURr;:R E: Cd !ley R8 23680 COVI:RAGES THe POLICieS OF INSURANce LJSTED BE:I.OWHAW itEEN ISSUED TO 'rHE INSUReo NAMe AWVE FDA: THE POLICY PERIOO INDICATED. NO"rWITHSTANOING ANY RE'OUIREMIiNT, TERtJI OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THI$ CERTIFICATE MAy BE ISSUED OR MAY PERTAIN. THE INSURANC6 AFFORCED BY THIS POLlCII!$ tlESCRIs5D HEREIN IS 8ueJECT TO ALL THE TERMS, EXCLU$IONS AND CONOlTJONS OF SUCH POLICIes. AGGFlEGATE l,/MJTS SHO'M'-l MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS" ADO' TYPE OF INSURANcE Pg~~Yc:u:~~ Pg~~,=~~~~N LT. INSRO POUCY NUMBER UMIT$ G.ION~l LWlIU'tY EACH OCCURRENCE $ f-- COIJft1ERClAl GENERAL l!A8lUTY PREMISES Ea 0Cet.l1T1HlQEl1 $ I-- tJ ClAIMS MADE DOCCUR MEO E1;P (My one pet'lOn) $ PERSQt.l:AL" ADV INJURY $ - GENERAL A.OOREa,AjE $ - PROPUCT~MProPAOG GEN'L ~GGREGATe UMIT APPliES PER: $ 'PO~ICY n;~- n~oc I\lITOM08ll.6 UA8IUTY COMBINED SINGLE UMll' t-- (Ea~donl) S "- ANY AUTO ~L.L OlANSD AUTOS BODilY INJURY - (Plli'"pliII1iOO) $ - SCHEDULeO AUTOS HIRED AUTOS eODllY INJURY - (f"waa:.idllnt) $ NON-Ow.lED AUTOS - - PROPeRTY DAMAGE $ (ptlrOll;cl<lent) GARAGE LIABfUTV AI.ITO ONLY.EA ACCIDENT $ R ""'AUTO OTHER THAN EAAce $ AUTOONI.Y; AGG $ EXCESS!U..8R&LLA UABII../TY EACH OCUR~ENCE $ tJ OCCUR 0 CLAII.lS MADE AGGREGATE $ $ ~ DEOVeTIBLE , RETENTION $ $ A 'MJRKtRS COI.IP.l:NSA"O~ AND 2010-02682-000 01/0112010 12131/2010 X I TORY lll.llrS I It)~~ E::MP\.OYERS'L1ABIUlTl' ANY PROPRIETORJPARTNERJEXECUTlVE E'.L EACH ACC10ENT $ 1,000,000.00 OfFlceRIMEMBfR ~CWDED? EL,. DISEASE_!:;A EMPlOYeE $ 1,000,000.00 lfyes,cl6wrib8under E.L D:SeASE-POl.lCv lIMIT ' $ 1,000,000.00 SPECIAL PROVISIONS below BC ' "Workers Compensation Please not. that $Ol.l!hem Esg'C"lm.urance Company flas l1IinBur~ irs. liabillth=$ in exceu Of $250,000 under tl'\t lXlficiBB 01 insural\Qt If&ted above with the Yndlrwrit&rJlisted A~ or bclt8r at the time o~laecrmmt 01 Slid! r8insu~ce. Such ~miursncoe are IMJb:lti;l (0 their ClNn ltIrma, Q(lnditiona and limits. Tnl$ is for information purpo5l!lls.aM l'1Qlhing ah~JI croats any right OE Excess Coverage Yoder aUel'll'Oin&ure~s. DESCRIfi'TlON OF OPERATIONS I LOCATIONS I ViHlCLES, EXCLUSIONS AD~ ItV !NDOQIiMEHT J SPECIAL PRO\lrSIONS Elfeetive: 10/31/2004 022537 Cc;lVerags is ext8f'ldad to tfle laaa~d empJoylj!e3 of allemate flmplcyer (Florida OpSfB!icn3 Only): Four Stat Plumbing Contnlctors, rnc DISCLAlMf:R: This Certificate of Insuremce doel;> not constit\lte a contract bglwsliIn the j&s~~~:rer(5), authoriz!Xi repratentetive or producer, and the CElrtifi~le holder nor dM~ it affirmitivelv or n8C'Jstive,v amend extltnd or siter the ooVe-r3na .stft;rded b IIciGs lig,ted !~ereon. CERTlFlCA TE HOLDER CANCElI.ATION Collier County Board of County Commissioners SffoULO ,.,NY OJ: 'rHEi ABOVE DESCRI6ED POl.Jcl~$lIE CANI::ELLEO !IEFORE THE l<)(PIRATION DATE THfI'lEOF, THE ISSUlNQ l!IljJUR[J'l' WILL ENDEAVOR TO MAIL ~DA"'S 'MlITTEN tfOTICE. To THE CERTIFII::ATE HOLDER NAa.4ED TO 'rfiE LEFT, aUT FAlLURE TO 00 so SI1M.L IMPOSe NO OClU13ATlON OR LIABILITY OF /INf KIND UPON THE INSURER. ITS AGENrs OR 3301 Easl Tamiami Trail RE,.RESFIIJTATIVES AUTHORlZEO fU:PRESENT A, T1VE 0----..........~_ Naples FL, 34112 FaX# (239) 252~480 ~ ACORD 25 (2001/08) 444 . 20100122 @ACORD CORPORATION 1988 MEMORANDUM Date: January 21,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #09-5323 "On-Call Plumbing Contractors" Contractor: Precision Plumbing Services, Inc. Attached is an original change order, referenced above (Item #16E6) approved by the Board of County Commissioners on December 15, 2009. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment 16[6 ITEM NO.: rD- ?~-DILlYS 'IC' :'r,Df\lfEj i ,!!ECEIVED: cU)j,n{6:rTOFIi'n:~ l6 E 6 FILE NO.: ROUTED TO: ",;'"'!n 1,1 ;,1 I r lJ;!.> \.Jf,i~ I J ""1:1' r... UI I,: vO s~j ( 'Y o.,Y lht1.7st -r ~ (2-rV7J ')d'\IO ~;: / ~ ~'1'^' <fViM I tv>>llt> DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 13, 2010 To: Office of the County Attorney DUJ Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist J..^\'..!nr, Purchasing Department, Extension 2667J(\ Re: Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: Shamrock Plumbing & Mechanical, Inc. ~Precision Plumbing Services, Inc. Four Star Plumbing Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 15, 2009 Agenda Item 16.E.6 . I This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. c: Damon Gonzales, Facilities Management ~t&~ \\ '1A\~D RLS# f()-Mc- Ot''1IT CHECKLIST FOR REVIEWING CONTRACTS Entity Name: 1~e.(J (!,(D,v' ;J'-UhlAI/J6 SEttvICf-% /AJ(!. 16f6 Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I \\1-.1 L Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Aulomobile Liability Bodily Inj & Prop Required $ I t.J..l t.. Workers Compensation Each accident Required $ .f60) ,.u Disease Aggregate Required $ Disease Each Ernpl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Entity name correct on contract? Entity registered with FL Sec. of State? Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Provided $ Provided $ Provided $ Provided $ Provided $ ~Yes ~es No No /Yes V Yes -..L- Y es ---1L..- Yes No No No No 7- Me I..- (. [ MIL tI '~(JI DDf) Exp. Date { (lrlll Exp. Date " Exp. Date l, Exp. Date u Exp. Date l. Exp Date 'f tS//I Exp Date ql/y(-. Exp Date llc Exp Date l< Provided $ (.... I L... Provided $ Provided $ Provided $ Provided $ Provided $ "I." I 'M. \ l " " Exp Date Exp Date Yes No Exp. Date Exp. Date Provided $ Exp Date ~ LYes Yes No No V Yes Yes _No ~No Yes No Signalure Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments induded? Yes Yes _No No .,/" Yes v"'Yes ~Yes V Yes _No No _No _No ~Yes VYes /Yes _No _No _No ~es No \' Reviewer Initials: ~~ D"e: 'IJ<ff.Julj) 04-COA-Ol030/222 MEMORANDUM 16E6 TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist ~, P Purchasing Department I' '<\ January 13, 2010 DATE: RE: Review Insurance for Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: Shamrock Plumbing & Mechanical, Inc. 'Precision Plumbing Services, Inc. Four Star Plumbing Contractors, Inc. This Contract was approved by the BCe on December 15, 2009, Agenda Item 16.E.6 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW DATE RECEIVED JAN 1 5 2010 ftl C: Damon Gonzales, Facilities Management mausen 9 16E6 From: Sent: To: Cc: Subject: RaymondCarter Friday, January 15, 20102:50 PM LynWood GonzalesDamon; mausen--9 Contract 09-5323 "On_Call Plumbing Contractors" All, I have approved the certificate of insurance provided by Precision Plumbing Services, Inc. for contract 09-5323 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State P7e60r 6 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return.To List IEntity Name Search Submit I Events No Name History Detail by Entity Name Florida Profit Corporation PRECISION PLUMBING SERVICES, INC Filing Information Document Number P03000146976 FEI/EIN Number 200498679 Date Filed 12/05/2003 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/30/2007 Event Effective Date NONE Principal Address 17473-8 JEAN STREET FORT MYERS FL 33912 US Changed 01/19/2009 Mailing Address 17473-8 JEAN STREET FORT MYERS FL 33912 US Changed 01/19/2009 Registered Agent Name & Address ZUKOWSKI, JANICE 15441 OLD WEDGEWOOD CT FT,MYERS FL 33908 US Address Changed: 02/25/2004 Officer/Director Detail Name & Address Title P /S ZUKOWSKI, JANICE 15441 OLD WEDGEWOOD CT FT. MYERS FL 33908 US TitleVP SHANKS, TIMOTHY R 12693 KENTWOOO AVE FT.MYERS FL 33913 US Title SEC http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&in'L doc _ nwnber= P03000 146... 11/13/2009 www.sunbiz.org - Department of State Page 2 of2 SHANKS, CANOY 12693 KENTWOOO AVE FT MYERS FL 33913 US Annual Reports 16E6 Report Year Filed Date 2007 04/02/2007 2008 01/04/2008 2009 01/19/2009 Document Images 01/19/2009=-ANNUAL RJOF'QRT 01/04/2008 =-ANNUAL REPORT 04/30/2007 =-Am~ndm~nj 04/02/2007 -- ANNUAL REPORT View Image In POF format I 01/09/2006 =-ANNUAL REPORT Viewjmage in POI' format I 04/07/2005 =-ANNUAL REPORT VieW image in POP format I o2R5aitQ<l=-6NNUAL.BEPORI View image in F'OF format . I 12/0JlI2Qo3.-- OomestiG Pmflj View image in POI' format I View image in POP format View image in POI' format Note: This is not official record. See documents if question or conflict. .Previous on L.l~t Next on List Return To List lEntity Name Search Submit I Events No Name History I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=P03000146...11/13/2009 A G R E E MEN T 09-5323 16E6 for On-Call Plumbinq Contractors THIS AGREEMENT is made and entered into this 15th day of December, 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 Precision Plumbing Services, Inc., authorized to do business in the State of Florida, whose business address is 17473-B Jean Street, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on January 9, 2010 and terminating January 8, 2011. This contract shall have three (3) 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 Commissioners deemed three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete on-call plumbing services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5323 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The 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 Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. · For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. · For work more than $50,000 and less than $500,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. · In no case may a single repair or new installation job exceed $500,000 on resultant contracts of this ITB. 09-5323 On-Call Plumbing Contractors Page -1- 16E6 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. Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit B, Charges, or lump sum. 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 shall 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: Precision Plumbing Services, Inc. 17473-B Jean Street Fort Myers, Florida 33967 Attention: Timothy R. Shanks, Vice President Telephone: 239-481-2300 Facsimile: 239-481-2328 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 service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 09-5323 On-Call Plumbing Contractors Page -2- 16E6 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 with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be 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 Collier 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 Contractor is acquiring permits. 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. 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. 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 improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county 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 Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction 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 agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found 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 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. 1D.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 Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; 09-5323 On-Call Plumbing Contractors Page -3- 16E6 Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering 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 $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional 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 notification to the County in the event of 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 Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11 INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the 09-5323 On-Call Plumbing Contractors Page -4- 16E6 Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 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. 14. 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 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's 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 this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. 09-5323 On-Call Plumbing Contractors Page -5- 16f6 A. Time is of the essence in the performance of 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 materialmen, 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 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 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. C. 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 his 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. 17. CHANGES IN THE WORK. 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 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and 09-5323 On-Call Plumbing Contractors Page -6- 16E6 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 Owner in writing. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 21. WARRANTY. Contractor shall obtain and assign 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. 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. 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 performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, 09-5323 On-Call Plumbing Contractors Page -7- 16Er insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 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 endanger 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, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any 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 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 been 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 (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have 09-5323 On-Call Plumbing Contractors Page -8- 16E6 f had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor 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 notify Contractor in writing, 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 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly notify Contractor in writing, 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 due and payable. Final payment shall not become due and payable until Contractor submits: (1) Consent of Surety (if applicable) to final payment. (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) 09-5323 On-Call Plurnbing Contractors Page -9- 16f6 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. 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 or 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 this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall 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 achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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 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 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. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Exhibits A and B, Insurance Certificate, Bid No. 09-5323, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 09-5323 On-Call Plumbing Contractors Page -10- 16E6 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. 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. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33. IMMIGRATION LAW COMPLIANCE: 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. 34. 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. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The 09-5323 On-Call Plumbing Contractors Page -11- 16E6 negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 09-5323 On-Call Plumbing Contractors Page -12- 16[6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST' ",:,,\RS ~'0 . ...,;" v.......,' ,,'.'C, Dwi ' 'E'.:'Brock,t}J~of Courts ~; .' _", -"~:C~~\Lt ~L , -- ,~-_:..,: Dated'?- ,.', l't.\:X.( 0 AtteU(~ CMI..... . UglIIturtOllH BOARD OF COUNTY COMMISSIONERS COLliER CO TY, FLORIDA ~J~ By: Donna Fiala, Chairman <>-.J Precision Plumbing Services, Inc. Contractor By: ~ Jk~ Signature " "'- "S'l"",~:, . Typed Signature :'cJ Second Witness ~y Frz'~Nb Type/Print Witness Name t/i Title Approved as to form and l?;:ff;ekJ.e-L ~33i3ttu~l County Attorney ~/""""I f:,u, It- R ,(_~_ Print Name Item # I tot::jp Agenda ( z... /, r-t""" Dale ~'lI7 ~~1 \L.lA\\O ~! 09-5323 On-Call Plumbing Contractors Page -13- "of 16E6 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 09-5323 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ) for the payment whereof we bind personal representatives, successors and assigns, as ($ ourselves, our heirs, executors, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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, day of pursuant to the above parties have executed this instrument this 20_, the name of under-signed representative, authority of its governing body. 09-5323 On-Call Plumbing Contractors Page -14- Signed, sealed and delivered in the presence of: 16[6 PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 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 Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses 09-5323 On-Call Plumbing Contractors Page -15- 16E6 (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: 09-5323 On-Call Plumbing Contractors Page -16- 16E6 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5323 KNOW ALL MEN BY THESE PRESENTS: That . as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severaily. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and ail losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, ail delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of ail work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in fuil force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shail in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. 09-5323 On-Call Plumbing Contractors Page -17- 16[6 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of corporation, on behalf of the ,a corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: 09-5323 On-Call Plumbing Contractors Page -18- 16f6 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of personally known to me OR has produced who did (did not) take an oath. , Surety, on behalf of Surety. He/She is as identification and My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: 09-5323 On-Call Plumbing Contractors Page -19- 16E6 EXHIBIT B CharQes 1. Cost per hour per skilled worker for County business hours - Monday through Friday, 8:00 AM to 5:00 pm Master Plumber $85.00/hour Journeyman $65.00/hour Helper/Apprentice $30.00/hour $24.70/hour General Laborer 2. Percentage of mark-up over actual cost for for materials 10% 3. Response time for emergencies 1 hour 4. Response time for on-call non-emergency work 2 hour 09-5323 On-Call Plumbing Contractors Page -22- From:Brenda L Baty CIC, CISR FaxlD: Page 1 of2 Date:01/1312010 04:06 PM Page: 1 of 2 PRODUCER Brown 126E Punta Phone: 941-205-2040 F""x: 941 & Brown of Charlotte County Olympia Ave Suite 401 Garda FL 33950 205-2048 IYYYY) 1/13/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORD ~ CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE NAIC# 11257 10190 61190 IIISURED Precision Plumbing Services, Inc. Precision Services, LLC 8170 Mainline Parkway, Suite #3 Fort Myers FL 33912 INSURER A: FCCI INSURERB: Sout21ern Owners Ins. Co. INSURERC:Auto Owners INSURERD INSURER E' COVERAGES THE POLICIES OF IKSURANCE LISTED ~onETHSTANDI~G A~Y REQDIREI\1ENT, CERTIFICATE l~Y BE ISSUED OR !~Y TERMS, EXCLUSIONS AND CONDI~IONS I~:: ~~~L B X ~NERAL UABIUTY COMJl.ERCIAL GENERAlllABIUTY I CLAIMS MADE [i] OCCUR - - ~'lAGGRE~L1MITAP~PER: I POLICY_IX I ~~i I ILOC C ~TOMOBIL..E lIABILITY .x... ANY AUTO _ ALLOWNEDAUTOS f-- SCHEDULED AUTOS .x... HIRED AUTOS lL NON.OVVNED AUTOS I- BELOW HAVE BEEN ISSUED TO T.~E INSURED NAMED ABOVE FOR Th~ POLICY PERIOD INDICATED TERM OR CONDITION OF ~~y CCN~RAli OR OTHER DOCUMENT WITH RESPECT TI) WH:C~ THIS PERTAIN, THE INSuJ.UL~CE AFFCRDED EY THE POLICIES DESlKIBED HEREIN IS SuBJEli TO ~~L ~HE OF SUC~ POLICIES. AGGREG~TE LIM:TS SHOWN ~my HAVE BEEN REDUCED BY PAID CLAIMS. POLlCYNUMBER P8,HiY~~&W\E Pg,kfl(~:::k~~N LIMITS 094612-20715648 1/15/2010 1/15/2011 EACH OCCURRENCE $1 000 000 PREM~SESEaoccurence\ $300 000 MEDEXP(Anyoneperson) $10 000 PERSONAL & ADY INJURY $ IDe 0 0 0 0 GENERAl AGGREGATE $2 000 000 PRODUCTS-COMP/OPAGG $ 2 000 000 47-874554-00 1/15/2010 1/15/2011 COMBINED SINGLE LIMIT (Eaaccld9ll1) $l,oeo,Ooo BODILY INJURY (Per person) $ BODilY INJURY (Peraccldanl) $ PROPERTY DAMAGE (PeracckJantj $ A GARAGE UABILlTY R-ANYAUTO ~ESSIUMBRELLAUABIUTY ~ OCCUR D CLAIMS MADE I DEDUCTIBLE I ~TENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXEClJTIVE OFF ICER/M EMBER EXCLlJDED? ~~~CaeL~~~~~~gNS beJ~ OTHER AUTO ONLY - EAACCIDENT $ EAACC $ $ $ $ $ $ $ AGG OTHER THAN AUTO ONLY EACH OCCURRENCE AGGREGATE oOl-WC09A-57765 4/14/2009 4/14/2010 X I T~'iJT~J,~s I IOJ.\'" ELEACHACCIDENT $1 000 000 EL DISEASE .EAEMPLOYEE $1 OeD 000 E,L. DISEASE -POllCYlIMIT $1 000 000 DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES J EXCLUSIONS ADDED BYENDORSEMENT J SPECIAL PROVISIONS *Ten day notlce of cancel.lation applies in the event of cancellation f,-,r nonpayment of pre,m..um. Gene:::.-",,;' Liability olicy includes Additional Insured status, including Completed Opel:ations, 0,1 a Primal-y and Non-Contributory baSH; ',.,,,hen 'equil-ed by wrltten contract, per policy fOl'm 55373. 'i,'orkers' Compensation pol:cy includes"" blanket ';Ja:ver of subrogation ,,\'hen l-equired by written contI-act executed prior to date of injul:Y. PROJECT: AlL CO:JNTY B\JILD:::NGS the insur""nce covel-aae illustrated ',','ithin this document is 3::lolicable .~~ ""ll workplace loc"":::ons Qt t!le Named Insul'ed, subject t-..... ",,11 o::her tel"lr~s, c;ond:.tions ""no' llmIt""tIons of the-pOlicy. CERTIFICATE HOLDER CANCELLATION Collier cour.ty Board of County 3301 Tamiami Trail East Naples FL 33962-4977 SHOULD ~~y OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE EXPIRATION DATE THSREOF, THE ISSUING INSURER Commissioners WILL ENDEAVCR TO f1AIL 45* DAYS If<RITTEN NOTICE T~) ':'HE CERTIFICATE HOLDER K~~ED TO THE LEFT, EDT FAILURE TIJ DO SO SHALL IMPOSE WJ OBLIGATION OR LIAEILITY OF k~Y KIND UPON THE INSURER, ITS AGENTS OR REPRESE:NTATIVES. ACORD 25 (2001/08) From:Brenda L. Baty CIC, CISR FaxlD: Page 2 of 2 Date:01/1312010 04:06 PM Page:2 of2 16E6 IMPORTANT If the certificate holder is an ADOITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 16E6 MEMORANDUM Date: February 18, 2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #09-5323 "On-Call Plumbing Contractors" Contractor: Shamrock Plumbing & Mechanical, Inc. Attached is the original contract, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on December 15, 2009. The second original contract will be held on file in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8406. Thank you. Attachment ITEM NO.: 10 ~l..c/ O!Llr::) 16E6 OAT~ . .RECEIVED: FILE NO.: REQUEST FOR LEGAL SERVICES 'I.':":' J C ~~: ~~ ()// ~J}t!/ (rO ~ I> . y\. (to {rt ~ ~~ 7/ }.It~ D\.u gllUllO ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: February 9,2010 Office of the County Attorney .______. S SD Jeff Klatzkow/ ' To: From: " Lyn M. Wood, C.P.M., Contract Specialist 1.....^ Purchasing Department, Extension 2667 /l'\ v ~ / V Re: Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: JShamrock Plumbing & Mechanical, Inc. Precision Plumbing Services, Inc. Four Star Plumbing Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on Agenda Item 16,E.6 December 15, 2009/~~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you, C: Damon Gonzales, Facilities Management ~ I ~ (\ r'I ~\JJ\<J)YJJ 1..1:. \~llO I 16E6. MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist k/I" ' I Purchasing Department I ' . I February 9,2010 ' DATE: RE: Review Insurance for Contract: #09-5323 "On-Call Plumbing Contractors" Contractors: j Shamrock Plumbing & Mechanical, Inc. Precision Plumbing Services, Inc. Four Star Plumbing Contractors, Inc. This Contract was approved by the BCC on December 15, 2009, Agenda Item 16.E.6 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. DATE RE':EIVElJ dod/LMW C: Damon Gonzales, Facilities Management 16E6"'~ mausen g From: Sent: To: Cc: Subject: RaymondCarter Thursday, February 11, 2010 3:40 PM LynWood DeLeon Diana; mausen_g; GonzalesDamon Contract 09-5323 "On-Call Plumbing Contractors" All, I have approved the certificate(s) of insurance provided by Shamrock Plumbing & Mechanical, Inc, for contract 09- 5323. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray 7l.a.gHUTH.d Cah.t.ch. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are publiC records_ If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State pagel iiE 6 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List "lex! on List Belym To List E;vem~ No Name History IEntity Name Search Submit I Detail by Entity Name Florida Profit Corporation SHAMROCK PLUMBING AND MECHANICAL, INC, Filing Information Document Number P93000044312 FEI/EIN Number 650418336 Date Filed 06/23/1993 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/23/1996 Event Effective Date NONE Principal Address 3557 PLOVER AVE #6 NAPLES FL 34117 US Changed 04/30/2007 Mailing Address 3557 PLOVER AVE #6 NAPLES FL 34117 US Changed 04/30/2007 Registered Agent Name & Address MCFARLANE, WILLIAM 1490 RANDALL BLVD NAPLES FL 34120 US Name Changed: 08/05/1997 Address Changed: 08/05/1997 Officer/Director Detail Name & Address Title P MCFARLANE, WILLIAM 1490 RANDALL BLVD NAPLES FL Title ST MCFARLANE, LORI http://www.sunbiz.org/scripts/cordet.exe?action=D ETrn "&inq_doc _ number= P93000044.., 11/25/2009 www,sunbiz.org- Department of State Page 2 of2 16E6 1490 RANOALL BLVD NAPLES FL Annual Reports Report Year Filed Date 2007 04/30/2007 2008 04/29/2008 2009 04/23/2009 Document Images 04/23/2009 -c ANNUAL REPORT View image in PDF format 04/29/2008 "ANNUAL REPORT View image in PDF format 04l30/200L- ANNUAL REPORT View image in PDF format 04l2A/2006=6NNl.i6LBEPQRT View image in PDF format 05L04/200!'i -- ANNUAL REPORT View image in PDF format 0!'i/18/2004 -- ANNUAL REPORT View image in PDF format 04IJ0l2om"i\NNUAL REPORT View image in PDF fOrmat 02/14/2002 -- ANNU1\LBEPORT View image in PDF format 02/22/2001 -- ANNUAL REPORT View image in PDF format 07113/2000 -, 6NNUAL REPORT View image in PDF format 0~122/1999 ,,_i\NJoIJJAL REPORT View image in PDF format 04/27/1998 =At-iNUA~REJ'QRI View image in PDF format 08/0!'i/1997 -- ANNUAL REPORT View image in PDF format 12/23/1996 ~C: AMENDMENT View image in PDF format 07/17/1996 :cANNUAL REPORT View image in PDF format 06/09/1995 ,,6t-iNUALBEPORT View image in PDF format Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Return_L(tl"j~J I Entity Name Search J;'{~nts No Name History Submit I I Horne I Contact us I Document Searches I E-Filing Services I Forms I Help I Copvrigllt and Privacy Policit's Copyright (~) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number~P93000044...II/25/2009 RLS fljl2-1~OLlL1?5-_ CHKCKLIST };'OR REVIEWING CONTRACTS 16E6 Entity Nnme: _SiMm"'o~~.IYANIJ~_JfJ<,J1:> !U f~J~ltUc!,. Entity name correct on contract? ../ Yes No Entity registered with FL Sec, of State? ---.y Yes No Insurance Insurance Certificate attached? fnsured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ I ~1L, _ Products/CompVOp Required $___. Personal & Advert Required $_____ Each Occurrence Required $ ~____. FirelProp Damage Required $ _______ Automobile Liability Bodily Inj & Prop Required $ ~\ \..., Provided $ ~IIAJ~ Workers Compensation Each accident Required $ "OD/.DP Disease Aggregate Required $___ ____ Disease Each Empl Required $___ ____ Umbrella Liability Each Occurrence Provided $ ___,.~ Aggregate Provided $_ __ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $____ Per Aggregate Required $ _____ Other Insurance Each Occur Type:____ _,.,.IYes .,/Ycs :-'.-~Yes _ y.__ Yes Provided $~11"..-__ Provided $___J~_ Provided $_._ I "^ {~_ Provided $ ___..l.'._ Provided $ .JB.rJ, {)(!() , Provided $ -.lM1 ~___ Provided $ _~ ""_~_ Provided $ I , No No No No Exp. Dale __ ,/ "t ( u Exp. Date _.1-'----- Exp. Date _~__~ Exp. Date _t.'._ Exp. Date __I_~ Exp Date .~~ Exp Date -IIJnL1L Exp Date ~L"__ Exp Date ~___ Exp Date _________ Exp Date _________ Yes Provided $____ Provided $ Required $___ ___ No Exp, Date Exp, Date Provided $_____ Exp Date__ County required to be named as additional insured? County named as additional insured? _,.L"yes _v_Yes Indemnification Does indenmification meet County standards? Is County indemnifying other party? _LYes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond ___ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: _. Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? __LYes ---V"'- Y os ......L Y es -->.L. Y es "'t -..L.. Yes ,V;' Y es Yes Attachments Are all required attachments included? jYes No No No _JNo Yes No Yes Yes No No No No No No No No No --ReVie~e~ Initia!s~, Date: 04-COk-O) 30 22 16E6 A G R E E MEN T 09-5323 for On-Call PlumbinQ Contractors THIS AGREEMENT is made and entered into this 15th day of December, 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 Shamrock Plumbing and Mechanical, Inc., authorized to do business in the State of Florida, whose business address is 3557 Plover Avenue, Suite 6, Naples, Florida 34117 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1, COMMENCEMENT: The contract shall be for a one (1) year period, commencing on January 9,2010 and terminating January 8,2011. This contract shall have three (3) 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 Commissioners deemed three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete on-call plumbing services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5323 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The 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 Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. . For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. . For work more than $50,000 and less than $500,000: the department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. . In no case may a single repair or new installation job exceed $500,000 on resultant contracts of this ITB. 09-5323 On-Call Plumbing Contractors Page -1- 16E6 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. Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit B, Charges, or lump sum. 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 shall 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: Shamrock Plumbing and Mechanical, Inc. 3557 Plover Avenue, Suite 6 Naples, FL 34117 Attention: William J. McFarlane, President Telephone: 239-592-7080 Facsimile: 239-263-3064 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 service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 09-5323 On-Call Plumbing Contractors Page -2- 16E6 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 with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be 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 Collier 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 Contractor is acquiring permits. 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. 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, 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 improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county 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 Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction 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 agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8, TERMINATION: Should the Contractor be found 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 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 Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; 09-5323 On-Call Plumbing Contractors Page -3- 16E6 Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering 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 $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of 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 Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11 INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the 09-5323 On-Call Plumbing Contractors Page -4- 16E6 ,. Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business 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 another bond and surety, both of which shall be subject to the Owner's approval. 13, PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 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. 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's 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 this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. 09-5323 On-Call Plumbing Contractors Page -5- 16E6 A. Time is of the essence in the performance of 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 materialmen, 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 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 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. C. 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 his 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. 17. CHANGES IN THE WORK. 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 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and 09-5323 On-Call Plumbing Contractors Page -6- 16E6 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 Owner in writing. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 21. WARRANTY. Contractor shall obtain and assign 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. 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. 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 performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, 09-5323 On-Call Plumbing Contractors Page -7- 16E6 1 insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. 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 to the Owner 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 Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 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 endanger 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, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any 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 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 been 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 (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have 09-5323 On-Call Plumbing Contractors Page -8- 16E6 had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor 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 notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative 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 Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly notify Contractor in writing, 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 due and payable. Final payment shall not become due and payable until Contractor submits: (1) Consent of Surety (if applicable) to final payment. (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, 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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) 09-5323 On-Call Plumbing Contractors Page -9- 16E6 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. 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 or 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 this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation, Should Contractor fail to substantially complete the Work within the specified time period, Owner shall 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 achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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 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 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. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Exhibits A and B, Insurance Certificate, Bid No. 09-5323, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 09-5323 On-Call Plumbing Contractors Page -10- 16E6 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. 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. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33. IMMIGRATION LAW COMPLIANCE: 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. 34. 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. 35, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The 09-5323 On-Call Plumbing Contractors Page-11- 16E6 negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. o o o o o o o o o o o o o 09-5323 On-Call Plumbing Contractors Page -12- 16E6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. By: NTY COMMISSIONERS Y, FLORIDA ATTEST: ,~ Dwight E. Broo,~~~i~'r~ it C1:>l\~S ,f5,( Dated: RI ., Wi D AIKiW ,~,.... Itllltlrt..",< .. , I. . ~, ' .' By: '" <1 ).4, ~i~tW~ Shamrock Plumbing and Mechanical, Inc:. By: ~ . 4t;-c/' A / Si9i: y~- I Type/Print Witness Name I~~ .-/ Second Witness JOHN CISKO WILLIAM J MCFARLANE Typed Signature PRESIDENT Hie RHONDA PRICE Type/Print Witness Name Approved as to form and ufficien . ~~L . County Attorney [U,..,>, S """,If 1?~~11.. Print Name 09-5323 On.Call Plumbing Contractors Page -13- Item # llDBo ~\gooda Ie) -\S -aq .)31e g":d a-lL-1D From: Brown & Brav,," Insurance Date: 1/1412010 11: 12:00 AM 16 cC;;;U CERTIFICATE OF LIABILITY INSURANCE Brown , Brown Insurance 11'157 US Eriqhway 19 H, See P.O. Boz 2456 Clearwater FL 33'15'1-2456 Phone: 727-461-6044 660 OP 10 LC S_-2 01/14/10 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER11 TE HOLDER. THIS CERTIFICATE DOES NOT AMEND. NO OR ALTER TIlE COVERAGE AFFORDED BY THE POud ,llELOW. ~9 Fax: 727-442-7695 INSURERS AFFORDING COVERAGE ~ INSIIRERII: NaUt.UWI Insurance C an NAIC# 17370 ,_a Shamrock Plumbing . H.chadcaJ. P.O. Box 98'12 Naples FL 34101-9872 IH5URER!:; 1H5IJ1tERD: lNSURERE: COVERAGES THEPOlIOe!lot'"-.rRMCI!Lllm!OllEtOWtMVE IlEEItIB8l.leDTOTHE IIMUIEO _DNlOYE I'ORTH!POUCYPl:RlOO"[lI(;,\TED. Nl1TmTH5T-""'DIMG ~ReaulllEMEttT. TBlM OOCONtnION OFAnY CONlYU.CI"OR;OTHER:OOc:uMerrWlTH R.E6PfCTTO WHICHTl116celUll'lCATE 1lU.i' lIE ISSUED DR; IMYPfRf.o.lH.THEtNllUR.Io.tlCfAfftlROSlln'lllEPOLIQI';6!lE:5Cll1IlEDI1ERBtllS8U6JeCTTOAtl..llETEIlMIlEXCWSI0fl&ANDCotIOOION50F5lJeH POUCll!&. AGl;;REGATE llMml SHOWN MAV HAIJE DE&! REWceollY PAID Cl.AIMlI. ,.. ""- I'OUCYfW"EII POIJCYl!l'FSlnve POllCVElIPlltAllON ,n M~ rfPEOf Ih\SURANCE OATEl-.tlO/'fYYY1 D....TE~ """ ~_UAIIlUl'Y -~"""" , 1,000,000 A X X OOtAAEllCl4LGeNEJUo.I.U4IIlUfY NC964S 92 01/07/10 01/07/11 PREMl991&J~) II 100,000 l~_ 0~ flEt)El(P(Ilnt'''''''_1 II 5,000 PERSoNlllI,ArNlN..URV II 1,000,000 ~."""""" II 2,000,000 -9AGGrEGAiEn~:pelt n PROllUCTS_COUA"Ol'AGlO II 2,000,000 POliCY Jarr ux: ~llIIIl..EUAIIIUTT CO..,lNfI)8INGlEIJMlT , IEil~ - -~ - AL.l.~D""'T05 lIOIlIlYIIUJItY , SCHEWI.EDAUTOS lP<lrpo""nj - - HlR;EDoW11J6 BQOKYIN..lIRV , NON-OWIIEOAU10S fPtt--.oj - PRCIPERfYOAMAl>I:' , ,~- ~'~.~ AUTOON~Y.fllACClOENf , -~ OTHE:ltTHAN ~~ , AUTOONI.~ ~ , 5~'U_WAUAB~ EIlCIIOCCURlle~ , OCWR; DtuMMllWlOE _~n , , =i~oo~ , """'"'''' , , WOIlKl:.Il8 COMPSlII\TlON !. WCSTA1U- I IOTH- AND E.-um:IlII' UABIUT'/ TOI{YLlaIIlTll " "" ANl'PltOl'RETO!WAmN~l1\Ie 0 E.l. EACH ACCIDENT , OffICl:IUW;MIlEReon.U~ l--"nMtiI E.l..OIRWlE.EIlEM>lOYEE . 1f)I>L__ lIPt"ClAlPROVII5ION8_ E.l.OISEAlIE.POl.lCYL....rr , ~'" OEICttP1lONO~O_1"IlI*/1.OCA~I_ct9lEla.U.OfIIIAlIDI!D.,EMIOItEMElfrI8PECl!IL~.. Collier County BOCC ~s an Additional Insured for General Liabil1 ty Coverage only when re.quired by wri tten contraot or aqraement for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION '"OUU)....INOFTHf....llO\/I!l)8ICll.lllEl)POUC1esIlECANCEU.E1I8~RETHEa:P""'TlON COLLIBR OIilTETHf1tfOf-,THI;-"'NOlNaJ_WlU.EIIOCl~TO*lL ~ o.o.nWlllTTeJol NOTlCI!iTOTHECEIll1l'fCATEt<Jl.tElIlHillllEOlUTHELfI'T,BUTFAll1/11U:'TOlXlIO"AU. Board. of County COI'IlIId..,.iOl16rs ..oeHOOIlU(lATIOflOlllUA8lUTTOFAHYIllNOUPONTNel~~ lTlIAGEHTIOR Collier County IlE.PREIENT....T1Val. 3301 E Tamiami Trial Naples FL 34112 A~~~ ~ , ACORD 25 (2009101) e 1988-2009 ACORD CORPORATION. All rights ...___ed. The ACORD name and logo are registered marf(s of ACORD 01-14-2010 04:24 SHAMROCK 2633064 PAGE2 JAN-1S-2010 81:14 PM P.02 ~ CERTIFICATE OF UABIL.rIYINSUFlANCf 1,~r~ciYYl-h--1 ~ ,~Z I ;PRO';;~;~---'=:~I~::~~:~~~~h ---.--..- ______0 "[-':~i!~~=~~=:r:~g~=:~:N --- 'Ii I Naplao, FL 34112 ._...AlJII!ntu;O~~"-Q!II)mI~_rHE ~lIm!""QW __ .n , "'''h_.!ha'!!. (23!,).?!.~555..__'__h"__'_!.~_ (239.)~~~3 '--'--'I':~~F!:I!:~-~7g~~~~~~~itERS'-"h" I-!-~~l., ~'h... - I r INSURED SHAMROCKPLUM8ING&MEOHANICALINC .--~..-..- .---..,- -...-- ---,- "_"'_'h' 'h --,..--.... --I PO BOX 9872 IN!ll!~~~J1;, -...--.. .---..-. -- ----..-.. ___ ... -.........--. : NAPLES FL3-Il0l !:~s.~J.~~:__._____ ------ ----.. .- ,_'_h"__' '--I I. .,__._L_____.._._n__________h_....___h_j~:\J~~_i.._=.:__, ,___. ,::::. .~~~_-_, _.=.J _._~:::-~'......._h_] COVllAAGES C - THE POLlCis OF INSURANCE LlSTEiD Hl\Ye seeN ISSUED TO THE iHiliiiEo NAMStiA!iOYipOFinlli poLiCY PERiOD iNiiiCAi'Ei:i:NoWiiTHS'rAND'iiiG i Atff RIQUIR_NT, 'Il!RM OF! CONDmON O~ AIff OONTRACT OR OTHER DOCUMENT wmt RESPECT TO WHICH THIS CERTiI'lCATl! MAV BE ISSUED \IF! ; 1__ ~~~TZ:O=~UL~~&B:~~~~1~!~UC:~::g;,a:~I~.~~:~~~~~~~~T~~~LL_~~E ::~~~' ~~:~SI~NS ~N~CO~~_~'~~ O~t~1II "'hi r~~~E:~~~s;:I~..r--.....""""-:r-i~~i':'F=---= , I I ~~ii1xP(~"';;';;;'reonr -;.--,.--...-, o ~~D CI.AlMSMADE 0 OCCUR ; I ,~~~ij~L~;;:Dii:]N~!y.l:h.__=_j I' "'-I Ii" GENERALAGOREGATl!: , , iEN'LAOORE_<!ATEiiMiTAiiPLlES PER I I~~U~S~EOMPIOP AGG""' '-- t---'-"~U:=-!e{~~~~T Cj.-L~_-+-.--.-..._..-..-J.---....-t ....--- .--.------T.. --, j . ._ It~ ::~~DAUTDS r~::~~~~L~~L~~.~-~.~:-........~:::--,:.: . LJ /ej SCHEOULEOAUTOS i.lP.r~~q'1L._.. ---r"-.- -il'; ll!~~~-J~ ---I--J_n~~~t~:-_= I I [] r ANVAUTO ! I I !-.;THE~N-'..i6.~~:F~:~__~.~~~~ f-l" 1~~~~~;'M~=:~~t-.-----.---- .." ---....----+....---..... ...-;:E;=l~~~~~!1A:~::.F..":--~:~ ,~:= ! lOll DEDUCTIS,E , ,. -..-~=~.::--~-=-:::-r...:::.....':--= -b[~J;:iTiON:ND _.-..-~;: 801";3S-.'.----.---hl;;,i2009 "-:-;1f2;i2~;~---j ~:;.~:~i~t~i~-!~i_~~l=-.~:'~:-_=~.:I 1 i~~::?r~~:,(~m~:~~ECUTM I I I E,~,-!!A_C.~AO.c:.IDEN!.. ..-,..1.---. "~0,ooE1 :lrlft~ ' I ' .E;'c_~~I:_~&M~LQ~~~_...__..I00~'~i 1-"f~!R _c.... -~,~ DIllow -........- ___...__ .. .______...' _ _'_'_ ...,._..._._... " i E::.D18~::~OUCYL~~ _._~?~..:.DOOI I : I DE8CRlP'l10N OF OPI!RATlOHB/ LOCATIONI/ VEHICLES/ EXCLUllONS ADDED IV ENDOR8_NT / SpeCIAL PROVlIIONI i LORI MCFARLANE IS EXCLUDED FROM THE POLICV SHE! IS JUST A co OWNER AND I!XEMPT FROM WORK tJlANS COMP, I 1,..---.-...,..--,..---.....-..- ....,... __,_..____.._. "'......_______,.,...._. ...._.._._.__.._..... .'.' "_'__'.... _..___..___.._..__. __..,_... CeRTIFICATE HOLDER CANCELLATION ,_... "-'---=:~~:-:O~IER ~~U:::::::~~ONERS'..--.-I..~1~~]~~~:~~~~t~~~~~~l:~D~~~E~~~~El COLLIER COIJN'IY , THIi un, IUT FAWNe TO GO eo eH N OR LlAlIlLrrv 3301 EASTTAMIAMI TRAIL _~ AIff KIND Up'~N THII ~NS.u AD Rl!PR&IENT , ---1' NAPLES FL 34112 AUTHORIZED REFIIIPHTA I _ I '_,., ..._____....__ .__q",,,______ q___ _._~I~~~_~CJ\UOETTE__._. ____ ._. i ACORO 25 (20011011 QF IllII .....MId. rtoI ORD 01"15-2010 06:58 SHAMROCK 2633064 PAGE2 Uct :tU UlI 11:wa JULII:.K WIIIU(,;K SIAII:..AK :<J!:f~J 16 E Pi> ACORi::I CERTIFICATE OF UABIUTY INSURANCE I 1I/l1E_rYYnI "'--'" 10113128Ol1 .....JCSR fJCAlllJN MATTEK OF TION .JilI16 K. WIIIock"'~ Agency.1nc.. ONLY AND COI_ _.1 NO RIGHIS UPON THE G....lIrtGATE 3483 PInlI RIdge Rd. Ste 1fl2 IIOl.DIR. TIa CMTll'lCATE DOllS NOr AMEND. EXTEND OR ~ _.... FI 341. AL1&tllll! COYERAGlEAFFORDED BYTHEPOl.~ BELOW. INSlIRI!RS AFFORDING COVI!RAGE NA!C# - lIIIIJRIKk. ....,.......... l ~~~.tR aUI WIIIIem&LorI MJ...It..t6D8A _I: S~PIumblna _...e: 18.. d. Bhd. ........'" __ FL 341ZO-642& -.. -- ~ COVERAGI!S BB.OWHII BEEN ISSUED _ FOR 'IIi I' PeRI :rED. NO iflIIDI AN'fREQUIIEIJBIT. _OIlcmlDlllONOFANY CON1MCTOIlOl1iER DllC,.IEMTWI11lRESPECTTO WlCHTllISCER11FICATEUA'f BE ISSUED OR 1fA'f_ THE 1NlIIlRANCe_ JI'('lHEPOIJCIIS__I8BU1lJ!CT TOALL THE_. EXCLUSIONSAIID CONDI'IIONS OF SUCH FOUClIiIl._TELDWTlI8ltalMtMAYKAVE _REDUC:ED 81' """DeL--. nNar_UIIIIlNCa frOl.JDY_ lMIS _.......,., COI TVcw..CENElW.UAlI.iJT CLAIMSMADE' 0 OCCUR " X ."."AGGRESAle.LM"l' >>FUSS feR f'OUCI' Al(). LOC ~.......,.,. ...uuto ..... .......AUmS X ae__ HIRED Aures. NOIWNEDAUTOS s . MlDI!KP~_ I S PER80*L$nNlrIJI.FC;., . __1E S PRlXlUClll-COIl"""1\GG . S 761_ ,_ __0 COWfNB) -..GLELtM 761_ ,_ MI\mD10 lE>_ s --- - ,_ lItt_ -- ,_ II<lllll.V MWR\' s 1.000._ 10111_ .- ,_ (Po<_ :117_ ,_ 14I1aIJ010 BODLY IlWFft S 1.000._ _111_ - ,_ (Po<_ --.... -- _0 PRClPEA"lYOAMll..GE 1.008._ 2IZct7.e1 - ,_ (Po<_ s AUTO ONI. y. EA ACCtDENI' . 0lM!R........ ....ACe . AlII'OClII.V: AOO . EACliOCCURRaICE . A_'ll! . . . . MIS E.L EACHAOCIJENT . EL DISEASE. a.~ . ELD~-POUCYlMT . " X " X _.-m "'" AUTO :UCESStl.B8llELl.Auua.m' :::J OCWR 0 I:lAIIiS lMllE DIIlUClIlLE R!!'I'ENTlON S __c;O_ I lIONMD ~1M8&IIY y/.. _.""p""mll'_"'~ QPFfCIMElwv'EXQ1JDEC'l L..J r.::=.=~ OIIleR . ..........CJfIOfIIiM.,.../l,OClIl'I'1ClM;fVIfaEI/W.I-~flNL .:.- ~ ISPI!CW.'RiCIlIIIIONII CoIIerCountr BOCC is _additional insured tbr auto UIIbII1ty _rage onlywben requlr&d bywritt8n .....,b..c.tor agNW1I8IIt for any and all 'WOfk performed on b8tla1f of Collier count)r. CoIlerCountr BOCC 3301 E. Taml8mi TraIl NapIn. FL 34112 IHlHILDfII1t(Ofl'lMaMOVECIII'NI8 POLICBI_c,,-- ,." -.&1MI1IPtM1ICN 0A1I!THmU!rJII. neIS1l1f11H1MUM1lWlLt.....,.YOR:1OIlIAIL.....iIL. DAYS WRIT1EN IlCmCllIO,..QlIII'IIII:AD'tICIlI8:....-J 10 1fI1!lBJ'.""MIUR!TO ooso.-u.. ~1IIO""""'OAtJA8lJlTOPNl'tumUPOfll"'1JGI.IIIBIt. ns~ ell .... ACORD 25(2llOll1Ot) 01t88-!OO1ACORD CORPORATION. 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