Backup Documents 09/15/2009 Item #16E 3
16E3 M
MEMORANDUM
DATE: September 21, 2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5216: "Annual Contract for Painters"
Contractor: Royal Crest Builders
Enclosed, please find one (1) original, referenced above (Agenda Item
#16E3) approved by the Board of County Commissioners on Tuesday,
September 15,2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
.......-.."..~",,---
ITEM NO.: DATE RECEIVED:
FILE NO.: 0 ~ ~ P IZ c - 0 ( .3 S-{ q) 16 E 3
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REQUEST FOR LEGAL SERVICES ~ c,rr, ...
Date: September 15,2009 S ~ 't .-
a )i.
To: Office of the County Attorney \. .
Jeff Klatzkow ' I '
From: Lyn M. Wood, C.P.M., Contract Specialist ~r
Purchasing Department, Extension 26671 i ~ r,
, , I \
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Re: Contract: #09-5216 "Annual Contract for Painters" I I C)
. 'J!\-Djo../
Contractor: Royal Crest BUilders Ie
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on 9/15/09, Agenda Item /
16.E.3 ~
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the 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 Mgmt.
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CHECKLIST FOR REVIEWING CONTRACTS 1 6 _
Entity Name: ;?"YAL.- (]~f~1' &mJlAN'~S. I (}.J(!, d/JJa- fotALCLMr ~UILbU~ E j
Entity name correct on contract? -L Yes No
-
Entity registered with FL Sec. of State? ~Yes No
-
Insurance
Insurance Certificate attached? -L Yes No
-
Insured registered in Florida? ~_Yes No
-
Contract # &/or Project referenced on Certificate? v Yes No
Certificate Holder name correct (BCC)? ~Yes No
-
Commercial General Liability Exp. Date S- /~()I,P
General Aggregate Required $ (M\L- Provided $ "Z f<A. ~
Products/CompVOp Required $ Provided $ I I Exp. Date ( I
Personal & Advert Required $ Provided $ lV\(tL Exp. Date I I
Each Occurrence Required $___ Provided $ I I Exp. Date L ,
Fire/Prop Damage Required $__ Provided $ ~()I ()tn> Exp. Date I ,
.
Automobile Liability Exp Date JJ tz.sJ ID
Bodily Inj & Prop Required $ [ M.l L- Provided $ I M II
Workers Compensation J I
Each accident Required $ .51~1'. Provided $ Itlf9) "O() Exp Date rz{ \3 f b(f
Disease Aggregate Required $ L-cS Provided $ S""I ")(J Exp Date II
Disease Each Empl Required $ pIA Provided $ t 'Cl, 1) 1(;1 Exp Date I ,
.
Umbrella Liability
Each Occurrence Provided $ ~- Exp Date
Aggregate Provided $ -- Exp Date
Does Umbrella sufficiently cover any underinsured portion? -- Yes No
Professional Liability
Each Occurrence Required $~_ Provided $ Exp. Date
Per Aggregate Required $ Provided $ Exp. Date
Other Insurance
Each Occur Type: Required $___ Provided $ Exp Date_
County required to be named as additional insured? _ ~ Yes No
-
County named as additional insured? ~_ Yes No
-
Indemnification /... Y es
Does indenmification meet County standards? No
Is County indenmifying other party? -- Yes ~No
Performance Bond
Bond requirement referenced in contract? ~. Yes No
-
If attached, expiration date of bond
Does dollar amount match contract? --- Yes No
-
Agent registered in Florida? Yes No
- -
Signature Blocks
Correct executor name in signature block? ~Yes - No
Correct title of executor? ~es No
-
Executor authorized to sign for entity? Yes No
V" Yes -
Proper number of witnesses/notary? \J\~ No
Authorization for executor to sign, if necessary: a/ Yes
Chairman's signature block? - No
Clerk's attestation signature block? ~Yes _No
County Attorney's signature block? --l.L- Y es - No
Attachments /Yes
Are all required attachments included? No ~
Reviewer Imtials:
Date: .,
04-COA-( 103 /222
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MEMORANDUM 16':3
TO: Ray Carter
Risk Management Department
FROM: \ \)
Lyn M. Wood, C.P.M., Contract Specialist ~
Purchasing Department , ".
DATE: September 15,2009
RE: Review Insurance for Contract: #09-5216 "Annual Contract for
Painters"
Contractor: Royal Crest Builders
This Contract was approved by the BCC on 9/15/09, Agenda Item 16.E.3
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
C: Damon Gonzales, Facilities Mgmt.
DATE RECE I VED ~
SEP , 5 2009
RISK MANAGEMENI 9/t7 joe;
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mausen_g 16 (.5
From: RaymondCarter
Sent: Thursday, September 17,20091:19 PM
To: LynWood
Cc: GonzalesDamon; mausen_g; GazgaNorberto
Subject: Contract 09-5216 "annual Contract for Painters'
All, I have approved the certificate(s) of Insurance provided by Royal Crest Builders for contract 09-5216 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
1
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Florida Profit Corporation
ROYAL CREST COMPANIES, INC.
Filing Information
Document Number P02000023388
FEIIEIN Number 030469806
Date Filed 03/04/2002
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 03/22/2004
Event Effective Date NONE
Principal Address
12510 STRATMORE LOOP
FT. MYERS FL 33912
Mailing Address
12510 STRATMORE LOOP
FT. MYERS FL 33912
Registered Agent Name & Address
GEORGE, ANDREW N
12510 STRATMORE LOOP
FT. MYERS FL 33912 US
Officer/Director Detail
Name & Address
Title PSTD
GEORGE, ANDREW N
12510 STRATHMORE LOOP
FT. MYERS FL 33912
Title V
JEYATHEVA,SELVARAJAH
12510 STRATHMORE LOOP
FT. MYERS FL 33912
Annual Reports
Report Year Filed Date
2007 03/20/2007
2008 02/05/2008
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2009 01/19/2009
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A G R E E MEN T 09-5216 16El
'.,~ .
for
Annual Contract for Painters
THIS AGREEMENT is made and entered into this 15th day of September, 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 Royal Crest Companies, Inc. d/b/a
Royal Crest Builders, authorized to do business in the State of Florida, whose business address is
12510 Strathmore Loop, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on September
15, 2009 and terminating September 14, 2011. This contract shall have two (2) one (1) year
renewals, renewable annually. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed two firms to be pre-
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for Painting work on an as-needed basis as may be required by the
Owner in accordance with the terms and conditions of Bid #09-5216 and the Contractor's
proposal, which is incorporated herein 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 obligations of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement.
For work with a value of less than fifty thousand dollars ($50,000), one (1) quote will be required.
For work with a value of more than fifty thousand dollars ($50,000), all Contractors awarded an
Agreement shall be quoted. The County reserves the right to bid work in excess of fifty thousand
dollars ($50,000).
The Contractor shall provide written "not to exceed" estimates on all projects except on
emergencies and on-call repairs. This estimate shall either include the estimated number of
hours, hourly rate, number and types of employees required, estimated material cost and number
of calendar days required or lump sum amount for project completion. Contractor shall respond to
requests for estimates for non-emergency work within two (2) days and provide written estimates
within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to
prepare accurate estimates.
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.
The Contractor shall apply for all permits within five (5) working days from the date the Purchase
Order issued.
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16E3
3. COMPENSATION: 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.
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:
Andrew George, President
Royal Crest Builders
12510 Strathmore Loop
Fort Myers, Florida 33912
Telephone: 239-768-9888
Facsimile: 239-768-0338
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 Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance 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.
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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 immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General 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; 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.
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.
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16E3
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 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days.
Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the
"Local Government Prompt Payment Act."
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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15. CONTRACT TIME AND TIME EXTENSIONS. 16 r ~.~
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.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. 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.
17. 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 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.
18. 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.
Page -5-
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16r=~
19. 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.
20. 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.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having 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.
23. 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.
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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.
24. 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 had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. 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 and request that Owner review the Work. 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 so
advise Contractor in writing 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 punchlist.
Upon receipt of 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 approve Contractor's final invoice.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the Purchase
Order date. Contractor shall commence the work within five (5) calendar days from the
Purchase Order date. No Work shall be performed at the Project site prior to the Purchase
Order date. Any Work performed by Contractor prior to the Commencement Date shall be at the
sole risk of Contractor.
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 finally completed within the time
specified in the Request for Quotation. Should Contractor fail to finally complete the Work within
Page -7-
. _ ~""'e~q_,."''''''''''''''''''''''>" Jo "'... .~I!''''''' ",.,,,,,,~,,c",~,~,";,,<,_,__,_,,_,
16E3
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
final completion is achieved.
The Project shall be deemed to be finally completed on the date the Owner approves the
Contractor's final invoice. Contractor hereby expressly waives and relinquishes any right which
it may have to seek to characterize the above noted liquidated damages as a penalty, which the
parties agree represents a fair and reasonable estimate of the Owner's actual damages at the
time of contracting if Contractor fails to finally 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Facilities Management Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached 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, Insurance Certificate, Bid No. 09-5216, any
Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Purchase Orders.
29. 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.
30. 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.
31. 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.
32. 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.
Page -8-
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,16 E 3
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~TY, FLORIDA
(jJ '.
,.- /J
By: th-r~ c:;;:J; ~J:,(/
Donna Fiala, Chairman
Dated :
'..'I}(.....,.. .
loA" "l''' ,f"1"". ,
ll1....t... I)lf:,' Royal Crest Companies, Inc. d/b/a
Roy I Crest Builders
ontractor c:?' _
Pa--. ~~ Vl^ . ~
First Witness Signature
~N./JfiG'~ Jl/. C:GOR4 "
Typed Signature
"R-..es /deY'l I- / 0 ~n eK.
- TWe
1114 r / '- AI/ 4fv t Q y<< :y 2.. (.)
Type/Print Witness Name
Approved as to form and
tSfR/~ L
A55i&tdM County Attorney
t)., I'~
~u71 /2~t1&~L
Print Name
Page -9-
J
.'" '"<r-W-- ,.. ..~....,"", '-,,,.,,,...,,,,_____
From: Tiffany Qurollo At: Olin Hill & Associates FaxlD To: Royal Crest Builders Inc. Date: 6/3012009 11:46 Al Po 1
3
ACORD~ CERTIFICATE OF LIABILITY INSURANCE OPID T DATE (MMJDDIYYYY)
RO~AL-7 06/30/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Olin Hill & Associates Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2804 Del Prado Blvd. #107 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cape Coral FL 33904 i
Phone: 239-945-1900 Fax:239-94S-3163 i INSURERS AFFORDING COVERAGE NAIC#
,
INSURED ! :~JSURER A So\.tth"X'n O>..mars Insurance Co. 02954
I ihiSLRER B .--~.~_.- "~'_------,_..-_.._--'-'--------- --
RoSal Crest Builders Inc. !-;~3URER c -
12 10 strathmore Loop ~ISURER D I
Fort Myers FL 33912 -~-'------ !
J'.i3URER E
COVERAGES
THE POliCiES OF iNSuRANCE L1ST=:D 8EL~)W HAve. 8EE~ iSSUED TC Th=: ,1\SURc:.D NAlvlED ABOVE rot=< TrlE ?OLlCY FERI(,D :NO:CATE:::. ~~OTVV:T~STAN)I.\IG
ANY REQUIREIvIENT TERM OR CONDITION OF N!'( CONT~Acr OR OTHER DOCUMENT WITH RESPECT ,0 WHICH THIS CERTIF'CATE MAY 3E ISSUED OR
MAY PERTAIN, THE INSURA~CE AFORDED 3Y THE POLClES DESCRI3ED HERE::,IIS :3,IB.IEcr TO ALL THE TERMS EX':LJS10I,!S .AI\D C~",DIT;O:',S OF SUCH
POLICES AGSREGATE LiMITS SHOVvN rvtA.Y ~lA\!E BEE\I REDUCC:D BY F'.AID CLNMS
LTR NSRQ TYPE OF INSURAI'ICE POLICY HUMBER DATE (MMIDDIYY) :DATE'(MMIDDIYY) LIMITS
~NERAL LIABILITY ' EACH O:CU~RENCE $ 1000000
A Ix COMwlERCIAL GE',ERAL LIABILiTY 20696681 05/30/09 05/30/10 ~;::~:F\l.;rC I u :CI~ ,cu $ 300000
PREMISES (Ea occlIrelxe)
c- D CLAI~jS "AftDE 0 OCCUR I MED EXP (Anyone :Jerscn) ! 10000
i-- r------.. -'-
I PERSOI,AL & ADV II,!JURY f 1000000
I--- I
GEI~ERAL AGGqEGA fE 'i 2000000
I-- ,
GEN'l AGGREGATE LIMIT A?PliES PER PRODUCTS, COMPJOP AGG .,2000000
1'1 II PRO- n
POLlC Y JECT LOC
AUTOMOBILE LIABILITY COMBI,ED SII'IGLE liMIT
I- $
A\N AUTO I (Ea ar;r:iden:)
I--
ALL I)WNED ,AUTOS 30DIL Y INJURY
- $
f- SC'iEDULED AUTOS (Pe" person)
HIRED AUTOS
~ 600 L Y INJURY $
NO'I,OW'IW AUTOS (Per eccIClenl)
PROPERTY DAMAGE ;
! (;:)<:if ac~:i(ient)
GARAGE LIABILITY , I A.u~O O~'II_ y ~ EA ACCiDEI\;T ,~
f-----,
i-I-\I'Whi...L_) i OTHER 'HN~ EA ACe ,
"
I '~'OL , AGG l:l
EXCESSJUMBRELLA LIABILITY EACrl OCCURRENCE $
~ OCCUR o CLAIVlS MADE AGGREGATE :I
,
$
--. - --
~ DEDUCTIBLE '~
i RETEi\ TIU, :I i :I
WORKERS COMPENSATION AND .~JTC'~YLIGI'TS ! [UER-
EMPLOYERS' LIABILITY
ANY PROPRIETOR'PARTNERJEXECUTIVE E L EACH ACCIDENT '$
0F'FICER/MEM8ER E;(CLUDED? I E L CISEASE - EA E'APLOYEE :I
Ir yes. clescnl)€' lFlcler --~-_.__._--_._~._----_._._..~ ---~ ---- --"~
SPECIAL PROV1SIO!\IS o81ow E.c. DISEASE, ?OL.CY LIMiT :I
OTHER
I I
I
< i
. 'DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY EHDORSEMENT I SPECIAL PROVISIONS
Collier County is added as Additional Insured. ITB#09 - 5";<JGr Annual
Contract for I?ainters
CERTIFICATE HOLDER CANCELLATION
COLLI02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUIHG INSURER WILL EHDEAVOR TO MAIL 30 DAYS WRITTEN
-
Collier County Board of County I'IOTICE TO THE CERTIFICATE HOLDER 'lAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Commissioners IMPOSE NO OBUGATIOH OR UABILlW OF MIY Kltm UPON THE INSURER, ITS AGEI'ITS OR
3301 E. Tamiami Trail REPRESENTATIVES.
Naples FL 34112 AU EPR~SCO ~
,. /' ......- ,
ACORD 25 (2001/08) @ACORDCORPORATION1988
.,--"""",,, ---",",-,.-",~..." lr ,~ ...""-.....-~--~.. 4"~"Iit ~~._,..-,---_.,--"""'---_...,.,_.._"""'.....,;.----_.._.,.~',.
&.I&;;;LV;;) II'4;;)Ut<ANl;E COMPANY
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 16!::
INFORMA TION PAGE
Issued December 12,2008 Standard
The Insured's Name and Mailing Address: NCCI Carrier Code: 30732
Royal Crest Companies, Inc. Policy Number: FCD0013643-0:1
12510 Strathmore Loop Renewal of Policv:
Fort Myers, FL33912-4682 Rewrite of Policy:
Fein # 030469806
Risk 10 #
DBA Name:
SIC CODE: 1721
Type of entity: Corporation
Other work place not shown above: See Attached Location Schedule
2. The policy period is from 12/13/2008 to 12/13/2009 [12.01 AM Standard Time] at the insured's mailing address.
3. A. Workers Compensation Insurance: Part One of this policy applies to the Workers
Compensation Law of the states listed here: FLORIDA
B. Employers liability Insurance: Part Two of this policy applies to work in each state listed in Item 3A.
The limits of our liability under Part Two are:
Bodily Injury by Accident: $ 100,000 each accident
Bodily Injury by Disease: $ 500,000 policy limit
Bodily Injury by Disease: $ 100,000 each employee
C. Other States Insurance: Part Three of this policy applies to the states, if any, listed here:
D. This policy includes these endorsements and schedules: See Attached Schedule of Schedules and
Endorsements
4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All
Information required is subject to verification and change by audit.
I Code No. I Premium Basis Total I I Estimated Annual
Estimated Annual Rate per $100 of Premium
Classifications Remuneration (Prorated) Remuneration (Prorated)
See Attached Schedule of Classification and Premium Detail
Premium for Increased Limits Part Two, if applicable $0.00
Total Premium Subject to Experience Modification $1,168.00
Total Estimated Standard Premium $1,168.00
Premium Discount, jf applicable $0.00
Expense Constant Charge $200.00
, Terrorism Risk Insurance Act $2.00
I
Total Estimated Annual Premium $1,370.00
Minimum Premium: $ 930.00
Producer: Florida Direct Insurance Agency Countersigned By:
Servicing Office: FirstComp Underwriters Group gh&.-'~35 -.2~" 7.
(888) 500-3344 Date: 12/12/2008
Central Park Plaza, 222 South 15th Street, Suite 1500N
Omaha, NE 68102-1680
THIS INFORMATION PAGE WITH THE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE
POLICY AND ENDORSEMENTS, IF ANYfSSUED TO FORM A PART THEREOF, COMPLETES THE ABOVE
NUMBERED POLICY
NCOOOOO1A
III~III ~I~III~ j~~ ~JIIIIII"'IIIIII ~III /111I1111111111 11/1111111 1111111I 1 of 23 / rllllll 1111111111 fill 11I1111I1111", 11111 I1111 11111 Jill 1111I1 111111111 111I
001490-003504,16880646-12122008 FCDOO 13643-01
c _'Al.._'_'''_'"-''_"'~_''"''''''''_"''''_'''"''''_''''_''
--
EXTENSION OF INFORMATION PAGE 16E:
Worker's Compensation and
Employer's Liability Policy
SCHEDULE OF CLASSIFICA nON AND PREMIUM DETAIL
Issued to: Royal Crest Companies, Inc.
Carrier Code: 30732
Effective Date: 12/13/2008 - 12/1312009
Premium Basis Estimated
Total Rate Per Annual
Code Classification Estimated Annual $100 of Premium
Remuneration Remuneration
5474 Painting Noc & Drivers $12,000.00 9.730 $1,168.00
Manual Premium $1,168.00
Subject Premium $1,168.00
Total Subject Premium $1,168.00
Modified Premium $1,168.00
Standard Premium $1,168.00
900 Expense Constant $200.00
9740 Terrorism 0.020 $2.00
Estimated Annual Premium $1,370.00
WCOOOOO1A 2 of 23
'""........
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"W~
GEICO TEL: 1-800-841-3000 ~(7~)
Policy Number: 4110-50-07-92
geico.com
,
'" GEICO GENERAL INSURANCE COMPANY
~
~
co ONE GEICO PLAZA, WASHINGTON, DC 20076-0001
N
'"
N
'" This is a description of your coverage. Please keep for your records.
'" FAMIL Y AUTOMOBILE POLICY RENEWAL DECLARATIONS
'"
'"
N
'"
~
'" Item 1: Named Insured and Address
'"
cO
'"
M ANDREW N GEORGE AND PATRICIA L
;;
M WIENCEK
~
'" 12510 STRATHMORE LOOP
'"
.,. FORT MYERS FL 33912-4682
,
E-Mail Address: andrew--.-Qeorge@dell.com
Date Issued: 02-16.09
Policy Period From 04-01-09 to 10-01-09 12:01 a.m. Local time at the address of the named insured.
The insured vehicle(s) will be regularly garaged in the town and state shown in Item 1, except as noted in the Vehicle Segment.
Contract Type: A30FL
CONTRACT AMENDMENTS: ALL VEHICLES - A200FL A30FL A54FL
UNIT ENDORSEMENTS: UE30A (VEH 2); A 115 (VEH 1,2); A 180H (VEH 2); A239 (VEH 1,2);
A431 (VEH 1,2); UE316 (VEH 2)
I IMPORT ANT MESSAGES
-Please review the reverse side of this page for coverage and discount information.
-As your vehicle ages, the Multi-Risk Coverage you carry becomes nearly impossible to replace. Renew your policy
today and enjoy continuous coverage against costly mechanical breakdowns.
-Reminder - Physical damage coverage will not cover loss for custom optiohS on an owned auto, including
equipment, furnishings or finishings including paint, if the existence of those options has not been previously
reported to us, Please call us at 1-800-841-3000 if you have any questions or wish to purchase additional
coverage for customized equipment not included above.
-This policy includes an emergency assessment for the Florida Hurricane Catastrophe Fund in the amount of
$7.96. This assessment has been mandated by the Florida State Board of Administration. The state has required
that this assessment be collected directly from policyholders.
-Confirmation of coverage has been sent to your lienholder and/or additional insured.
Countersigned by Authorized Representative ~b~
INSURED COPY
PAGE 1 TURN OVER
",=- ...... '""'Vo/'I' "l _......,'_.,~..,"~'^.~ '"""'__ , _'_'"'.;~_''~"''' ...._." __ ,_,,~,~__,__,~,'~_"'_<""___'__,,"_'~__n'c
GEICO GENERAL INSURANCE COMPANY Policy Number: 411()'50-07.~
I Date Issued: 02-16-09 T-2
VEHICLE RA TED LOCA liON CLASS
1 04 FORD 1 FTSW31 P04ED56817 FORT MYERS FL 33912 A -N -30-49 -S
2 08 LEXS JTHBJ46G582203322 FORT MYERS FL 33912 A -N- -S
COVERAGES LIMITS OR PREMIUMS
Coverage applies where a premium or 0.00 is shown for the vehicle. DEDUCTIBLES Vehicle 1 Vehicle 2 Vehicle
BODILY INJURY LIABILITY
EACH PERSON/EACH OCCURRENCE $100,000/$300,000 99.80 68.50
PROPERTY DAMAGE LIABILITY $50,000 71.00 39.20
PERSONAL INJURY PROTECTION NON-DEO/INSO&REL 31.40 33.90
UNINSURED MOTORIST/NONSTACKED
EACH PERSON/EACH OCCURRENCE $25.000/$50,000 49.90 49.90
COMPREHENSIVE $500 OED 42.60
COLLISION $500 OED 116.10
EMERGENCY ROAD SERVICE FULL 9.40 6.60
RENTAL REIMBURSEMENT $20 PER DAY 7.80 7.80
$600 MAX
MULTI-RISK
INCLUDES: COMPREHENSIVE $500 OED 29.20
COLUSION $500 OED 98.00
MECHANICAL BREAKDOWN $250 OED 34.70
SIX MONTH PREMIUM PER VEHICLE: $ 428.00 $ 367.80
If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount
will be shown on your billing statements and is subject to change.
Premiums for these vehicles are based on the following Discounts and/or Surcharges:
DISCOUNTS NEW CAR (VEH 2); SEATBEL T (VEH 1,2);
MULTI-CAR (VEH 1,2); ANTI-LOCK BRAKES (VEH 1,2);
ANTI-THEFT DEVICE (VEH 1,2); 5 YEAR GOOD DRIVING (VEH 1,2);
PASSIVE RESTRAINT/AIR BAG (VEH 1,2)
Lienholder Vehicle Lienholder Vehicle 2 Lienholder Vehicle
USB LEASING L T
INSURED COPY PAGE 02
"'-"""" ...,..... -.....,...."...._,~.,-"._~ , 'lII1><l'll IT ~;'_Ullil.. OIl .. '_""_'_""_~',,_,;,"H.. ,."."",,~ .,_.-..~~
16E3
GEICO'S PERSONAL UMBRELLA
POLICY
GOVERNMENT EMPLOYEES INSURANCE COMPANY
ONE GEICO PLAZA
WASHINGTON, D.C. 20076
1-800-841 ~3000
Auto Policy Number: 4110500792
INSURED Ne..ME AND AD)lRESS
ANDREW N GEORGE AND PATRICIA L WIENCEK
12510 STRATHMORE LOOP
FORT MYERS, FL 33912
I. LIMIT OF LIABILITY $1,000,000
n. RET AINED LIMIT $500
Ill. MINIMUM REQUIRED LIMITS OF PRIMARY INSURANCE
AUTOMOBILE $300,000/$300,000/$100,000
PRIMARY RESIDENCE $300,000
BOAT $300,000
IV. TOT AJ__ PREMIUM $330.27
POLICY # P6283677
EFFECTIVE DATES 08/25/09-08/25/10
".,,~ . liIl '.1l...."'1___,,_.___""____..,.,."__,.,~.......~ ---, _'_,~".,'_m..
I Date g /;;)1/ 2009 1.6E3
a rest Number of pages including cover sheet.' ;2
FAX' ,..J'-' ~~.J......-,,..,,~~- -~M'_-,,_ ~
~---B~ U I L 0 E R S--'"
FROM: Andrew George
TO: ~ ~ 12510 Strathmore
"- ~.. U~ ~e>7t- Loop
Fort Myers
FL - 33912
Phone ;} S;? - '8 3. 7~-
;< .:s~ d. k - 7 Cell (239) 81 0 - 2942
Fax Phone
Phone (239) 768 - 9888
I cc: Fax Phone 239 768.. 0338
REMARKS: o Urgent D For your review o Reply ASAP o Plea.se Comment
d~ .
~ o;f ~Lu~o- ~ ~ ~
~. .
J.- ~ ~oC. ~d" ~
~ ~ 60z rn~,
~O~.r.. I'
.
~ .'
~~
-(;f () 7 ~ ;;-d / ~
pp-,,~~ J"
.,... '.........4 I ~ iI ij 1 JIr" ""-'-lI"'iilll._"'_''''''"'''''''''''''''< ~.,""'--
,.,. ~,~"." .-.
MEMORANDUM
DATE:
October 5, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Contract #09-5216: "Annual Contract for Painters"
Contractor: Spectrum Contracting, Inc.
16f3
Enclosed, please find one (1) original, referenced above (Agenda Item
#16E3) approved by the Board of County Commissioners on Tuesday,
September 15,2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
G'~ ~~lE RECEIVED: 16 E ~
o-Y\,~
~3)J~?~' ~
r:;; l3 (blU.- IV I s
DO NOT WRITE ABOVE THIS LINE ~ ',.
REQUEST FOR LEGAL SERVICES ~ j ,-,
Date: Septembe.':J.B':'2009 S~ 3c,. }'-"4 ), ~> t... .....~
To: Office of the County Attorney ~.
Jeff Klatzkow 1.'
From: Lyn M. Wood, C.P.M., Contract Specialist / ~~ rr/t8/p1 ~
Purchasing Department, Extension 2667 ]1 0 5P J pJ'l
fW: ,~~.
Re: Contract: #09-5216 "Annual Contract for Painters" cy ~ ~/
Contractor: Spectrum Contracting, Inc.
("-
'--...,
-r'
BACKGROUND OF REQUEST: I: / ~; ~t
This Contract was approved by the BCC on 9/15/09, Agenda Item !z 4 .-
16.E.3 ~
This item has not been previously submitted,
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the 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 Mgmt.
.'_'-"""__~'q_',,-_,___,,"_,_w_,.,.. .....~...___,.__ '" ,___,_~",._._" __ ". .. ""__;,._.""...._"'__...,_=-" ..,._.__
MEMORANDUM 16E3
TO: Ray Carter
Risk Management Department
FROM: Lyn M. Wood, C.P.M., contractSpeCialist~~
Purchasing Department ) .
DATE: September 15, 2009
RE: Review Insurance for Contract: #09-5216 "Annual Contract for
Painters"
Contractor: Spectrum Contracting, Inc.
This Contract was approved by the BCC on 9/15/09, Agenda Item 16.E.3
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
C: Damon Gonzales, Facilities Mgmt.
DATE RECEIVED lc&
SEP , 5 2009
F: I SK M/~NAGEMENT q11010~
'>.'..,--.-. ".."~'_.__.~---'" l>' ....~-,'''"'.,"'^~.~..> '_.~--~----"',...".~'";~, --
. 16[3
mausen_9
From: Raym ondCarter
Sent: Thursday, September 17, 2009 1:17 PM
To: LynWood
Cc: GonzalesDamon; mausen_g; GazgaNorberto
Subject: Contract 09-5216 "Annual Contract for Painters"
All, I have approved the certificate(s) of insurance provided by Spectrum Contracting, Inc. for contract 09-5216 which
will now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~ Cah.t:.c.h.
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
.'-- ~,'-~"..'" ...._~c.,~ '-'.,," 1!;f1lll'
www.sunbiz.org - Department of State Page 1 of2
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Previous on LlsJ Ne~t~n List RetMrrlTo List IEntity Name Search
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Detail by Entity Name
Florida Profit Corporation
SPECTRUM CONTRACTING, INC.
Filing Information
Document Number K51040
FEIIEIN Number 650425707
Date Filed 12/13/1988
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 08/11/2004
Event Effective Date NONE
Principal Address
3530 KRAFT ROAD
SUITE 100
NAPLES FL 34105 US
Changed 06/21/2007
Mailing Address
3530 KRAFT ROAD
SUITE 100
NAPLES FL 34105 US
Changed 06/21/2007
Registered Agent Name & Address
SCHALLERT, JOHN B.C.
3530 KRAFT ROAD
SUITE 100
NAPLES, FL 34105 US
Name Changed: 03/20/2009
Address Changed: 06/21/2007
Officer/Director Detail
Name & Address
Title CEO
SCHALLERT, JOHN B.C.
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Title EVP
http://www.sunbiz.org/scriptslcordct.exe?action=D ETFI L&in~ doc _l1umber=K51 040&inq... 8/6/2009
",~..._,_.._... ."'~""""""""'-""'''--''- 'MW . ..._.... ... . _';'-"e."'__,'''~'w""",< ~,. ..,_~~_~,....__", , ". _.,,~---~--..... -
www.sunbiz.org - Department of State Page2of2
VALENTINE, ROBERT D 16E
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Title V
WILSON, TERRY M
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Annual Reports
Report Year Filed Date
2008 12/22/2008
2009 03/20/2009
2009 04/21/2009
Document Images
04121!2009=-ANNUAL REF'QRT View image in PDF format
03/20/2009=Al\!tiUAL REPORI Viewimage in PDF format
12/22/2008 ~-_ANJ"'UALR EPORI View image in PDF format
04/18>/20Q8~::ANNLJAL..REPORT View image in PDFformat
Q3/Q3J2QQ8::::_ANI\LLJl\L REE0RI View image in PDFformat
Q6/21!20QZ=ANNUAL REPORT View image in PDFf(jrmat
04/07/2006 =ANNUAL REPORT View image in PDF format I
Q3/25/20Q5::::ANNUAL REPORT View image in PDF format I
08/11/2004 -~Amen<:lmeDt View image in PDF format I
04/02/2004 = ANNUAL REPORT View image lr, PDF format I
03/06/2003 = ANNUAL REPORT View image in PDF format I
08/20/2002::~ Name Change View image in PDF format I
Q5J23/20Q2::::ANNLJAL REPORT View image in PDF format I
Q3/201.29(H-=ANNLJAL REPORT View image in PDFformat I
01/29J200Q= ANI\!UAL REPORT View image in PDF format I
02t;2_0J1999=AN NLJALRE PORT View image in PDFformat I
02124/1998>::::ANN UAL REEQRT View image in PDF format I
03106/J 997::~ANNLJAL"RE PO RT View image in PDF format I
04/24lJ996::::..AN N LJA.LJ~I=J'Q R T View image in PDF format I
05/01/1995.::_:_ANNLJALREJ'QRT View image in PDF format J
Note: This is not official record. See documents if question or conflict.
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CHECKLIST FOR REVIEWING CONTRACTS
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 $ ("" f L.
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage equired $
Automob' iability
Bodily Inj & P p Required $ l M l (....
Wor ers Compensation
Each accident Required $ ..G'(./l:(.
Disease Aggregate Required $ p""11~
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ If) Mt L
Aggregate Provided $ I t
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
Entity Name: SfJee.lituM
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?
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RevIewer ImlIa]s:
Date: II r
04-COA-0 0301 22
Signature Blocks
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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 included?
RLS# O'f- fJ~e.- 6'f3S3 1.6E3
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: SfJEe- l iluIU [bNTR..M"rfPc, ) (AJ(!, ~
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Entity name correct on contract? Yes ~No j)1~~~t"fJ~ fAVfC..
Entity registered with FL Sec. of State? .~Yes - No
Insurance
Insurance Certificate attached? ~Yes - No
Insured registered in Florida? /Yes - No
Contract # &/or Project referenced on Certificate? .-J/_Yes - No
Certificate Holder name correct (BCC)? ~Yes - No
Commercial General Liability Provided $ ~ MtL bit 11f)
General Aggregate Required $ I MIL- Exp. Date
Products/CompVOp Required $ Provided $ II Exp. Date t/
Personal & Advert Required $ Provided $ I IV\L l.. Exp. Date 1./
Each Occurrence Required $__ Provided $ Z. Mol L. Exp. Date L.r
Fire/Prop Damage equired $ Provided $ tOO) DDO Exp. Date L,
Automob. iability 'It rID
Bodily Inj & P p Required $ lMIL.- Provided$~~ Exp Date
Wor ers Compensation Exp Date C. /1 ! I~
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Reviewer Initials:
Dale: 8 if
04-COA-O 0301 22
-. ----.,,~. - --
A G R E E MEN T 09-5216 16E3
for
Annual Contract for Painters
THIS AGREEMENT is made and entered into this 15th day of September, 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 Spectrum Contracting, Inc.,
authorized to do business in the State of Florida, whose business address is 3530 Kraft Road, Suite
100, Naples, Florida 34105 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on September
15, 2009 and terminating September 14, 2011. This contract shall have two (2) one (1) year
renewals, renewable annually. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed two firms to be pre-
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for Painting work on an as-needed basis as may be required by the
Owner in accordance with the terms and conditions of Bid #09-5216 and the Contractor's
proposal, which is incorporated herein 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 obligations of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement.
For work with a value of less than fifty thousand dollars ($50,000), one (1) quote will be required.
For work with a value of more than fifty thousand dollars ($50,000), all Contractors awarded an
Agreement shall be quoted. The County reserves the right to bid work in excess of fifty thousand
dollars ($50,000).
The Contractor shall provide written "not to exceed" estimates on all projects except on
emergencies and on-call repairs. This estimate shall either include the estimated number of
hours, hourly rate, number and types of employees required, estimated material cost and number
of calendar days required or lump sum amount for project completion. Contractor shall respond to
requests for estimates for non-emergency work within two (2) days and provide written estimates
within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to
prepare accurate estimates.
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.
The Contractor shall apply for all permits within five (5) working days from the date the Purchase
Order issued.
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16E3
3. COMPENSATION: 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.
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:
Robert D. Valentine, Executive Vice President
Spectrum Contracting, Inc.
3530 Kraft Road, Suite 100
Naples, Florida 34105
Telephone: 239-643-2772
Facsimile: 239-643-0693
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 Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance 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.
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16E3
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 immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General 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; 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.
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.
Page -3-
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16E3 ~
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 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days.
Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the
"Local Government Prompt Payment Act."
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
Page -4-
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15. CONTRACT TIME AND TIME EXTENSIONS.
16f3
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.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. 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.
17. 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 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.
18. 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.
Page -5-
15. CONTRACT TIME AND TIME EXTENSIONS. 16[3
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.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. 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.
17. 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 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.
18. 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.
Page -5-
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,i t; 1:- 3
19. 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.
20. 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.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having 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.
23. 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.
S. 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.
Page -6-
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16E3
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.
24. 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 had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. 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 and request that Owner review the Work. 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 so
advise Contractor in writing 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 punch list.
Upon receipt of 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 approve Contractor's final invoice.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the Purchase
Order date. Contractor shall commence the work within five (5) calendar days from the
Purchase Order date. No Work shall be performed at the Project site prior to the Purchase
Order date. Any Work performed by Contractor prior to the Commencement Date shall be at the
sole risk of Contractor.
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 finally completed within the time
specified in the Request for Quotation. Should Contractor fail to finally complete the Work within
Page -7-
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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
final completion is achieved.
The Project shall be deemed to be finally completed on the date the Owner approves the
Contractor's final invoice. Contractor hereby expressly waives and relinquishes any right which
it may have to seek to characterize the above noted liquidated damages as a penalty, which the
parties agree represents a fair and reasonable estimate of the Owner's actual damages at the
time of contracting if Contractor fails to finally 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Facilities Management Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached 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, Insurance Certificate, Bid No. 09-5216, any
Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Purchase Orders.
29. 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.
30. 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.
31. 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.
32. 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.
Page -8-
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16E3
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST:. " COLLIER C9jNTY, FLORID~
Dwig -E. Brocl{', (;1 k of Courts
. ,-.' k I~ " I.,
... _I '
- I, -. , By: f~- '::://d.l:k.
y.
I <Q},' Donna Fiala, Chairman
Dated: .'
It1;fs.\J(~~J Ch. tr'MII ,
.1...... .., Spectrum Contracting, Inc.
Contractor
BY:~~
Signature
Qu6+ .D. VQ\~-\\{\(u
me Typed Signature
r:=X:e~A.l~\J~/ \./tCC) Pre~~'lclt.d-
S cond Witness Title
zA0 firrz~
Type/Print Witness Name
Approved as to form and
Ie ,-en?~.l "'-.'
County Attorney Iten, # lto 6"3
bel'
SGfJII /? I~ ~'.,j:,{;.ja Q), )/P1
Print Name ' 'lie: I
~
Deputy Clerk
Page -9- _'~':IIl/l.lL_' .;;Or
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1 t r:
~~ i\_~i L
ACORD~ CERTIFICATE OF LIABILITY INSURANCE 'U'~F~~l 08 14 09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Rooney Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5601 S. 122nd E. Ave" ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tulsa OK 74146
Phone: 918 - 582 - 0565 Fax: 918 - 878 -33 88 , INSURERS AFFORDING COVERAGE
~-- -,~-~,,~~'------'--'-"---~ _._--_.._~-_._._~-_.~--_._~--~-_._-
INSURED t~~URER A: ~_l~__~epuh~i~Gen.ra.~,_ Ins Corp
1~_~~RE~~~~~emnit~ Insurance~_
Spectrum Contracting, Inc. INSURER C:
3530 Kraft Road, SUJ.te 100 INSURERD:
Naples FL 34105 --~--
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I L TR NSR[ TYPE OF INSURANCE POLl~;-NUMB~- -r~'i,;!~~ri~rJ'cf~E P8k~Cl(~*1;h'1t~N ' LIMITS
GENERAL LIABILITY I EACH OCCURRENCE $ 2, 0 0 0 , 0 0 0
e-- LJAMAG~ 10 R~N
A X COMMERCIAL GENERAL LIABILITY A2CG41040907 06/01/09 06/01/10 PREMISES(Eao~~':;~nce) $ 100,000
:=0 CLAIMS MADE ~ OCCUR - MED EXP (Anyone person) $ 5 , 000
PERSONAL &ADV INJURY $ 1,000,000
I--- ---
e-- ~RALAGGREGATE ' $ 4,000,000
GEN'L AGGR:_EFxlGATE- LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 , 000, 000
----, PRO- n
I POLICY X JECT LOC
~TDMOBILE LIABILITY i COMBINED SINGLE LIMIT
A X ANY AUTO A2CA41040907 06/01/09 06/01/10 (Eaaccldent) $1,000,000
r=-----
e-- ALL OWNED AUTOS I BODILY INJURY $
X SCHEDULED AUTOS ' (Per person)
r=- I f---
~ HIRED AUTOS BODILY INJURY '. $
X NON-OWNED AUTOS (Per accident) I
r=-
~ i PROPERTY DAMAGE $
i (Per accident)
i GARAGE LIABILITY I: AUTO ONLY - EA ACCIDENT $
I ANY AUTO 'i OTHER THAN EA ACC $
I AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE $ 10, 000 , 000
B ~ OCCUR D CLAIMS MADE 71CH000043 - 091 06/01/09 06/01/10 AGGREGATE $ 10,000,000
I -
, $
I DEDUCTIBLE $
I RETENTION $ $
,I w<.;srA1LJ- I 10TH-
WORKERS COMPENSATION AND X ITORY LIMITS I ER
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNER/EXECUTIVE A2DW41 0 40906 06/01/09 I 06/01/10 EL EACH ACCIDENT $ 1, 000 , 000
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEEi $ 1, 000 , 000
: If yes, describe under
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ 1, 000 , 000
OTHER '
I
i
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Contract #09-5216 "Annual Contract for Painters"
Certificate Holder is included as an Additional Insured as required by
executed contract
CERTIFICATE HOLDER CANCELLATION
COLL I ER SHOULD ANY OF THE ABOVE DESCRIBED PDLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Collier County Board of County
Commissioners
Purchasing Dept/Admin Serv Div
3301 Tamiami Trail East
Naples FL 34112
ACORD 25 (2001/08) @ACORD CORPORATION 1988
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