Backup Documents 06/09/2009 Item #16E 2
16E 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and O1iginal
documents are to be torwarded to the Board Oftiee only after the Board has taken action on the item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the
execution of the ehairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and torward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, Deputy County Attorney County Attorney SRT 6-29-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff tilr additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the ncc office only after the BCC has acted to approve the
item.)
Name of Primary Staff Lyn M. Wood Phone Number 2667
Contact
Agenda Date Item was 6-9-09 Agenda Item Number 16.E.2
A roved by the BCC
Type of Document Contract #09-5187. Number of Original Two
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Ini tial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other arties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT
document or the final negotiated contract date whichever is ap licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip SRT
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines'
6. The document was approved by the BCC on 6-9-09 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
I: Forms/ Counry Forms/ BCC Fomls/ Original Doeuments Routing Slip WWS Original Ir03JJ4. Revised 1.26.05, Revised 2.2405
09-PRC-OI236/2
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MEMORANDUM
DATE: June 30, 2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Martha Vergara, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5187 "On-Call Mechanical Contractor"
Contractor: Page Mechanical Group, Inc.
Enclosed, please find one (1) original, referenced above (Agenda Item
#16E2) approved by the Board of County Commissioners on Tuesday,
June 9, 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 252-7240.
Thank you,
Enclosures
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A G R E E MEN T 09-5187
for
On-Call Mechanical Contractor
THIS AGREEMENT is made and entered into this 9th day of June, 2009, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Page Mechanical Group, Inc., authorized to
do business in the State of Florida, whose business address is 4611 Cummins Court, Fort Myers,
Florida 33905, (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 June 9,2009
and terminating June 8, 2011. This contract shall have two (2) one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for on-call mechanical contracting work on an as-needed basis as may
be required by the Owner in accordance with the terms and conditions of ITB #09-5187 On-Call
Mechanical Contractor and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement. 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 on-call repair or emergency work, Contractors shall be contacted in the following order:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group.
For non-emergency work estimates, the County reserves the right to bid or obtain quotes under
this Agreement for any job with an estimated cost of twenty-five thousand dollars ($25,000) or
more. No single job may exceed five hundred thousand dollars ($500,000).
Should the County determine not to obtain quotes from all Contractors under this Agreement, the
County shall contact the Contractors in the following order until a successful quoter is obtained:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group. The successful quoter shall be the Contractor that is able to complete the non-emergency
work in the time required by the County.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the new work. The Contractors shall respond with the
information sought within seven (7) working days. A purchase order will be awarded to the lowest,
responsive and responsible quoter.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: For non-emergency or emergency work, the Contractor will be paid on a
time and material basis in accordance with Exhibit "A", attached hereto and made an integral part
hereof.
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and 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:
Page Mechanical Group, Inc.
4611 Cummins Court
Ft. Myers, FL 33905
Attention: David S. Flammia, Vice President
Phone: 239-275-4406
Fax: 239-275-6635
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.
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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 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. The coverage must include Employers'
Liability with a minimum limit of $1 ,000,000 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
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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 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. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. CONTRACT TIME AND TIME EXTENSIONS:
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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.
A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order
in the manner as Owner and Contractor shall mutually agree.
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
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16E (2
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.
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
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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.
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 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 notify the 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:
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(1 ) The Form of Contract Application for Payment in the form attached as Exhibit "C" for
payment upon completion. If multiple payments are made, the Release and Affidavit
Form, attached as Exhibit "B".
(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.
26. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement 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 letter
to the Contractor 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.
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, ITB No. 09-5187, any
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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.
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.
Page -9-
"'...,-"".'-,..--_..~,,~-~ "-".-',,~.~.,..~ ---~~ -- ~-- -- - ~ -
".."._.~'~'_W ...._~,..~. ~~..~,-
16E 2
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 C~UNTY, FLORIDA
Dwi ht E. Brock, Cle Js:.of Courts I f
'-."'_ . ":~ n_' ( /f Ii 1
I ' -
, (I-~
By: By: ,r . :.~-rr;r~ C:>L/t
Dated: Jli!!e-' '30 I . 1 Donna Fiala, Chairman
Attest ~..<~e~h'~~'..-"
11"..twe MJ~"" "', ;:' Page Mechanical Group, Inc.
' ~ t_! L~ '; ,".)'
Qontracto~ _
By: ~ -~J ~~.u~.
Signature
David S. Flammia
Typed Signature
Vice President
Title
MJtTi c:.~R.El-lrl
Type/Print Witness Name
Appro d as to form and
leg S !fidenC;]? j,
~L
~~~i County Attorney
S (.1)# /2 -r;4~L
Print Name
Page -10-
""-"""=''''''''"''''-~~'------~~~ -~,._.._,^-,
.-....,,-_.. """'-
16E 2
EXHIBIT A
Hourlv Rates and Mark-Ups
Supervisor $85.68/hour
Licensed Journeyman $64.07/hour
(Must be able to provide a copy of licenses
(Journeyman Card) if requested, including
but not limited to verification for invoicing
and on the job verification.)
Apprentice $52.44/hr.
Percentage Mark-Up over actual cost for materials 10%
(No mark-up on rental equipment charges)
Percentage Mark-Up on Subcontracted Work 10%
Page -11-
-_..........~'-~.. - .,.,-,"-,~,--',<.<,.~,~, -~~--'---," --- -
,,,..._~--_.- --_.."~,"- 'T!lIlI1' ~ Rl
16f 2
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1 ) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of I
20_, by , as of
,a corporation, on behalf of the corporation. He/she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
Page-12-
_....IT" . ~,__~w."' "-
-.,., "',.........,- ._~."...~,~,~ "-'
.. ...~ -----~,--
16E 2
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 09-5187
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project
Name)
Original Contract Time: Original Contract Amount: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ Less previous payment (s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional: (DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
Page -13-
-~---"-'-" '_",~-'---~'--_.'--~'-'~-~-'-~'-,-,._-'..,-,.,.,.._-,-,.-.-.-----...-<-,-.-- --.---
. ._----
16E 2
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 09-5187
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated ,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($ )
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now (-----1 calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted: ,20
CONTRACTOR: OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
DESIGN PROFESSIONAL:
By:
Page -14-
.->~"~~,>~",- . " ,-----'" .... .._ 'Ill V ~ __,_'_.__~,-, n_."___
<p","'<~~""'-'
133/213/213139 113:29 23954213593 PREMIER INS PAGE 02/134
'ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IM-"ICDIVYVY)
"' 03/2012009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PREMIER INSURANCE CORP., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICAT!: DOE:S ~OT AMEND, EXTEND OR
POBOX 100770 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CAPE CORAL, FL 33910-0770 INA1C#
239-542-7101 INSURERS AFFORDING COVERAGE
INSURED PAGE MECHANICAL GROUP, INC INSURER A: FCCIINSURANCE ! 10m
4611 CUMMINS COURT INSURER B:
FORT MYERS, FL 33905 INSUR ER c:
INSUR"R D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INQICATED. 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 INSURANC~ AFFORDED BY THe POLICI~S D~SCRJB~D HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE 6EEN REDUCED 6Y PAID CLAIMS.
I~~~ ~~~ POLICY NUMBER PR.L.;.iY EFFECTIVE, POLICY ~PIRAllON I LIMITS /
~ER.Al LIABILITY ; , EACH OCCURRENCE I S 1,000,000 v
11/0512008 ; 11/05/2009 DAMAGE TO RENTED I , 300 000
A , X ; COMMERCIAL GENERAL LIABILITY GLllOO6468 '"~,,~"
r--:---) XJ s 10,000
~ CLAIMS MADE X OCCUR: MED E)(P (Any ono persM)
'. I PERSONAL 6. ADV INJURY
I . ; , s 1 000,000
~ ;
, I I GENERAL AGGREGATE ! S 2,000,000
' .
: GEN'L AGGRE~E LIMIT A!~S PER: : i PROfl\ICTS - COMPIOP AGO S 2,000 000
n POLICY X ~~~ i LOC. , :
,
~O/olOBIL6 LIABILITY I COMBINED SINGLE LIMIT $ 1,000,000 ~
A I X ANY AUTO : CAOO09719 " /05/.2008 11/05/2009 i (Eo SOCIO.n1)
i ,
~ ~""''''"''' i KOOIL r 'NJURY
i (Po, person) S
I SCHEDUL~D AUTOS ,
X HIREO AUTOS i BOVIL Y INJURY
R NON.OWNED AUTOS . i (PDr QCCidliint.) S
,
I ; I PROPERTY OAMAGE $
, , (po, 80<:100"')
,
I , i i AUTO ONLY - EA ACCIDENT
qRAGE l.IABILITY , $
ANY AUTO I ! OTH ER THAN EA ACC S
I I
: I i : AUTO ONLY AGG' .
: $ 6,000 000
iJESSlUMBRELLA LIABILITY EACH OCCURR6NCE
A X OCCUR 0 CLAIMS MADE UMBOO05916 11/05/2008 11/05/2009 : AGGREGATE S 6,000000
I 6
~ DEDUCTIBLE i / ! $_....
1/ "o-
X RETENTION $ 10,000 $
WORKERS COMPEN8A. TION )l.t-JD I 'X I WCSTATlJ. : !Ol~. /
A E;MpLOYERS'L1AB1LllY 001.WC09A-5~3 71 02/27/2009 02/27/2010 I':"L "ACH ACCIDI':NT 6 1 000 000 i/
ANY PROPRIETORJPART~ERJEXECUTIVc
01'1'ICERiNEMBER EXCLUDED? , El. DISEASE. EA EMPLOYEE $ 1,000,000
J1" Y13&.. deScrlDe unos:r , E L DISEASE. POLICY LIMIT , 1,000 000
SPECIAL PROVISIONS belOW
OTHER I · lEASED/RENTfD $30D,OOO Per Item
A INLAND MARINE i CMOO03527 1/12008 , 1/05/2009 EQUIPMENT $300,1100 MlIJ(.
i . Per Occurrence
DIlSCRIPnON 01' OF'EAATIONS I LOCATIONS I IIEHICLE8 I EXCLUSIONS ADDeO IlY eNtI~EMENT I SPECIAL PROVISIONS
COLLIER COUNTY BOARO OJ: COUNlY COMMISSIONfRS IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY WITH
RESPECTS WORK P7MED AS REQUIRED BY WRIITEN CONTRACT.
REF: BID #09-5187 '
CERTIFICA TI:, HOl.DER CANCEl.LATION
SHOUI.DANYOF'THEABOVE DESCRIBED PDLlCIE.8'8E CANCElLED BEFORE THE EXPIRAT10N
COlliER, COUNrf BOARD OF COUNrf COMMISSIONERS OATE THEREOF, TI1E ISSUING INSURER WiLl ENDEAIIOR TO MAIL ~ DAYS WRITTEN
3301 EAST TAMIAMI TRAil None" TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU/>,I; TO DO 50 SHALL
IMPOSe NO OBLlGATIO~ DR liABILITY OF ANY KINO UPON rilE INSURER, ITS AGENTS OR
NAPLES, FL 34112 REPRE3ENT)l.TlV.ES,
AUTHOR/ZED I'lEPM,SENTAT(V
ACORD 25 (2001/08) Ii
133/213/2009 10:29 2395420593 PREMIER INS PAGE 03/04
IMPORTANT
If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be er'ldorsed. A statement
on this certificate does not c<>nfer rights 10 the certificate holder in lieu of such endorsemenl(s).
If SUBROGATION 1$ WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this cerlificate does not confer righta 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 insurar(s), authorized represen!<ltive 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 (2001/08)
--'--'--..-",,--, _"_,~"""".','__'W'"'_.~",,._"_~'_.,_ .~._~_ . '. ~"~_=_...___._,__.~>_
16E 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original documcnt. Ong1l1al doeumcnts shnuld be hand dclivered to the Board Of1lce. 1l1e completed routing slip and original
documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information nceded If the document is already eomplete with the
exception of the ehairman 's signature, draw a line throuflh routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #S).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Colleen Greene, Asst. County Attorney County Attorney CMG 6-29-09
\
5. Sue Filson, Executive Manager : Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approva1. Normally the pnmary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only alkr the BCe has acted to approve the
item.)
Name of Primary Staff Lyn M. Wood, Contract Specialist Phone Number 2667
Contact
Agenda Date Item was 6-9-09 Agenda Item Number 16.E.2
Approved by the BCC
Type of Document Agreement #09-5187 Number of Original Two
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG
document or the final ne 'otiated contract date whichever is ap Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the Bce office within 24 hours ofBeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 6-9-09 and all changes made during the 6-9-09
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
I: Forms/ County FomlS/ Bec Forms/ Original Documents Routing Slip WWS Origlllal 9.03"04, ReVIsed I 26J)5, Revised 2"24 OS
09-PRC-O 1232/2
16E 2
MEMORANDUM
DATE: June 29, 2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Martha Vergara, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5187 "On-Call Mechanical Contractor"
Contractor: Conditioned Air of Naples
Enclosed, please find one (1) original, referenced above (Agenda Item
#16E2) approved by the Board of County Commissioners on Tuesday,
June 9, 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 252-7240.
Thank you,
Enclosures
16E 2
A G R E E MEN T 09-5187
for
On-Call Mechanical Contractor
THIS AGREEMENT is made and entered into this 9th day of June, 2009, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Conditioned Air Corporation of Naples, Inc.,
authorized to do business in the State of Florida, whose business address is 3786 Mercantile
Avenue, Naples, Florida 34104, (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 June 9,2009
and terminating June 8, 2011. This contract shall have two (2) one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for on-call mechanical contracting work on an as-needed basis as may
be required by the Owner in accordance with the terms and conditions of ITB #09-5187 On-Call
Mechanical Contractor and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement. 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 on-call repair or emergency work, Contractors shall be contacted in the following order:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group.
For non-emergency work estimates, the County reserves the right to bid or obtain quotes under
this Agreement for any job with an estimated cost of twenty-five thousand dollars ($25,000) or
more. No single job may exceed five hundred thousand dollars ($500,000).
Should the County determine not to obtain quotes from all Contractors under this Agreement, the
County shall contact the Contractors in the following order until a successful quoter is obtained:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group. The successful quoter shall be the Contractor that is able to complete the non-emergency
work in the time required by the County.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the new work. The Contractors shall respond with the
information sought within seven (7) working days. A purchase order will be awarded to the lowest,
responsive and responsible quoter.
Page -1-
'_"""'''_....~''''.8_".-.'.,_..",'.,+____,_ '.__.,." ...~ III '" .... """".,.,.,>",,^-,,,,,,,, .."",.______a."._
1.6E 2
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: For non-emergency or emergency work, the Contractor will be paid on a
time and material basis in accordance with Exhibit "A", attached hereto and made an integral part
hereof.
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and 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:
Conditioned Air Corporation of Naples, Inc.
3786 Mercantile Avenue
Naples, Florida 34104
Attention: Keith Walker, Chief Operations Officer
Phone: 239-643-2445
Fax: 239-643-0444
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail 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.
Page -2-
"-"......-"'.."",..."'''"~__''''_. T ... _.i -.,,,.--.,.-,.
16E 2
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. 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. TERMINA TION: 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: J'
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; I ndependent 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 $1,000,000 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
Page -3-
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16E 2
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 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. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
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.
15. CONTRACT TIME AND TIME EXTENSIONS:
Page -4-
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16E 2
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.
A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order
in the manner as Owner and Contractor shall mutually agree.
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
Page -5-
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16E 2
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.
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
Page -6-
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16E 2
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.
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 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 notify the 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:
Page -7-
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16E 2
(1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for
payment upon completion. If multiple payments are made, the Release and Affidavit
Form, attached as Exhibit "8".
(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.
26. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement 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 letter
to the Contractor 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.
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, ITS No. 09-5187, any
Page -8-
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16E 2
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.
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.
Page -9-
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16E 2
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 COUNTY, FLORIDA
Dwi ht E. BroCk:; .~~.tk of Courts By !fL~, J~
..."" " . . ~ '. . . . .. :,;t...~... ~~ ~._
q. Donna'Fiala, Chairman
(Seal)"""
au.t. .,,~. ~.~ ,
signature on rlt' ~ . Conditioned Air Corporation of Naples, Inc.
4~(F... V ()cfr~ J:11(or
By:J - 0~
First Witness Signature
~ . ", --1~-e :~ Wa-.. \ \l.o.f
J.) <. Q. n.. 1\, ~ L"€ (:) '1
~rint Witness Name Typed Signature
e~,-F ()p.~ J'~.\-~ e1\ ~ l>f +: to.(! ('
J/!L~ !0'1MP ~
Second witness Title
'By-p"do. ~avt?r
Type/Print Witness Name
Approved as to form and
legal sufficiency:
(})OMf2e~j!~
Assistant County Attorney
~ol /een G-TeeYLL
Print Name
Page -10-
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16E 2
EXHIBIT A
Hourlv Rates and Mark-Ups
Supervisor $56.15 /hour
Licensed Journeyman $49.91 /hour
(Must be able to provide a copy of licenses
(Journeyman Card) if requested, including
but not limited to verification for invoicing
and on the job verification.)
Apprentice $38.24/hr.
Percentage Mark-Up over actual cost for materials 19.5%
(No mark-up on rental equipment charges)
Percentage Mark-Up on Subcontracted Work 7.5%
Page -11-
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16E 2
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 _' by , as of
,a corporation, on behalf of the corporation. He/she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
Page-12-
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16E 2
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 09-5187
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project
Name)
Original Contract Time: Original Contract Amount: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ Less previous payment (s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional: (DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
Page -13-
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16E 2
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 09-5187
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated ,20 .
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($ )
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L-) calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted: ,20_
CONTRACTOR: OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
DESIGN PROFESSIONAL:
By:
Page -14-
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Client#: 56004 CONAl
ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYVY)
6/19/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
Conditioned Air Corporation INSURER B:
of Naples Inc. INSURER c:
3786 Mercantile Avenue INSURER D:
Naples, FL 34104 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~5RR ~rfs~~ TYPE OF INSURANCE POLICY NUMBER PJ>.k~~~ri~rJ8tW\E Pg~fJl~,~I=N LIMITS /
A GENERAL LIABILITY GL2008478050008 04/01/09 04/01/10 EACH OCCURRENCE $1 000.000 '.,/
- DAMAGE TO RENTED
X- COMMERCIAL GENERAL LIABILITY $300 000
- =:J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $10.000
PERSONAL & ADV INJURY $1 000.000 /
-
GENERAL AGGREGATE $2 000.000 I
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $2 000.000
I POLICY rXl j~8T n LOC
A AUTOMOBILE LIABILITY CA20084770601 04/01/09 04/01/10 COMBINED SINGLE LIMIT $1,000,000 V
-
2L ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
2L HIRED AUTOS BODILY INJURY
$
X NON-OWNED AUTOS (Per aCCIdent)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $ /
A EXCESSIUMBRELLA LIABILITY CU200848005 04/01/09 04/01/10 EACH OCCURRENCE $5 000 000 'j
~ OCCUR D CLAIMS MADE AGGREGATE $5 000 000
$
~ DEDUCTIBLE $ f
X RETENTION $0 $ ~
A WORKERS COMPENSATION AND WC201624707 01/01/09 01/01/10 X I T~gJ( ~J,~~ I IOJ~- \. "'"
EMPLOYERS' LIABILITY $500,000 -./ V\W'
ANY PROPRIETORJPARTNER/EXECUTlVE EL EACH ACCIDENT
OFFICERJMEMBER EXCLUDED? $500,000 .
EL DISEASE - EA EMPLOYEE
If yes, describe under $500,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*30 days cancellation notice, except 10 days for non-payment.
Certificate Holder is Named as Additional Insured on a primary basis as respects to General Liability Only
as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional Insured Endorsement).
Excess liability is over & above workers compensation policy. v
CERTIFICATE HOLDER CANCELLATION 10 Davs for Non-Pavment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --311- DAYS WRITTEN
Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~~Q'" ~kk-
ACORD 25 (2001/08) 1 of2 #S360546/M359783 ERL @ ACORD CORPORATION 1988
,._"."."...._,_...... _..,_.....~..-...._'''..'''''''-" .---,"".. ~-""-",,,",_... '...""_.~"_.,,,,.-.'"..,--.~~."- ._"""",--~,'_."'"-,~,--'~."'''"'-".,''''''''"".....".'''" _..-....._..~
16E 2
IMPORTANT
If the certificate holder is an ADDITIONAL 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-$ (2001/08) 2 of2 #5360546/M359783
.._,...._-_..-.~- ... ,_..."._~--" '1'1" _""" _",._t- n._' -If - .........""."., .c "'''_~~"~ ..'-"'---,----."
16E2
MEMORANDUM
DATE:
July 17, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
RE:
Contract #09-5187 "On-Call Mechanical Contractor"
Contractor: Piping Unlimited & Retro, Inc.
Enclosed, is an original contract, referenced above (Agenda Item #16E2)
approved by the Board of County Commissioners Tuesday, June 9, 2009.
The second original will held in the Minutes and Records Department
with the Official Records of the Board.
If you should have any questions, you may contact me at 252-8406.
Thank you.
Enclosure
ITEM NO.: en.. ~c.. "O{2lJa:)
FILE NO.:
1PU~ c:>d(3iC-
f>!); IT" cfvoATE RECEIU E 2
~I ~'
~ 0" t.ft1l)S llJ 1
\/
v
'" )
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
i .)
REQUEST FOR LEGAL SERVICES
Date: July 2, 2009
From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
SR,
-n\...A-L I . \S.oq
To: Office of the County Attorney
Jeff Klatzkow
Re: . Contract: #09-5187 "On-Call Mechanical Contractor"
Contractor: Piping Unlimited and Retro, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on June 9, 2009, Agend
Item 16.E.2
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 Mgmt.
16E 2
MEMORANDUM
TO:
Ray Carter
Risk Management Department
J&>~
fl'!'
(; ./ (u
~,r 4c'c
FROM:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department
DATE: July 2, 2009
RE: Review Insurance for Contract: #09-5187 "On-Call Mechanical
Contractor"
Contractor: Piping Unlimited and Retro, Inc.
This Contract was approved by the BCC on June 9, 2009, Agenda Item
16.E.2
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.
OO'E RECEIVED
JUL 06 2009
RISK MANAGEMENT
16E2
mausen_~
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, July 10, 20093:29 PM
LynWood; DeLeonDiana
GonzalesDamon; mausen_9
Contract 09-5187 On-Call Mechanical Contractor
All, I have approved the Certificate(s) of Insurance provided by Piping Unlimited and Retro, Inc. for contract 09-5187
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
RLS # 1)1- 1ft t-- !PI.;?&:' J 6 E 2
CHECKLIST FOR REVIEWING CONTRACTS
PI f!rfJ& UN /-IM (TEl:> f#J b I< r.71t.tJ , UJ(!,
f
Provided $ 2- M'L
Provided $ I t\M I l.-
Provided $--1-'--
Provided $ L .
Provided $ ~ ,t91 t:1 0 0
Entity Name:
Entity name correct on contract?
Entity registered with FL Sec. of State?
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 $ ~ M I (.....
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability .
Bodily Inj & Prop Required $ l ~(.,L-
Workers Compensation
Each accident Required $ I "^ l L
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:
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
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?
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?
Attachments
Are all required attachments included?
VYes
~Yes
~_Yes
V Yes
~Yes
v' Yes
rMIL
, JU,II
l,
L I
Exp Date
Exp Date
Yes
Provided $
~Yes
Yes
v/Yes
- Yes
- Yes
Yes
Yes
---l.L'- Y es 'Z
Yes .
~Yes
---iL- Y es
~Yes
VYes
~Yes
Aes
No
No
No
No
No
No
Exp. Date
Exp. Date
Exp. Date
Exp. Date
Exp. Date
1,,1) J-z 01 (l
1..1 (
l,
I'
I f
Exp Date \ j-Z:?:.('z.dIIJ
j
Exp Date 11J/~/11JfJ9
Exp Date (l
Exp Date I '
No
Exp. Date
Exp. Date
Exp Date_
No
No
No
~No
No
No
No
No
No
No
No
'f
'~ -:>6C!I
~~ jJ~ A~
<LM'
No
No
No
No <:...
Reviewer JnilialS:~ MJt~
Dale:
04-COA-Ol 30 22
,W' vW.sunbiz.org - Department of State
r~ rf2
~~
FLORIDA D~:PARTMENT OF STATE ,~ ":j;',,~~' ;"".\;~" 4
DIVJSION OF CORPOR.\TJO\~ " ::(~b': " . "~~~o':~':";'
~~ '#' fU
Home
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Detail by Entity Name
Florida Profit Corporation
PIPING UNLIMITED AND RETRO, INC.
Filing Information
Document Number P05000049969
FEI/EIN Number 202666150
Date Filed 04/04/2005
State FL
Status ACTIVE
Effective Date 04/01/2005
Principal Address
4474 WESTON RD
102
DAVIE FL 33331
Changed 04/13/2007
Mailing Address
4474 WESTON RD
102
DAVIE FL 33331
Changed 04/13/2007
Registered Agent Name & Address
CASTELLANOS, NADY A PITIS
4474 WESTON RD
102
DAVIE FL 33331 US
Name Changed: 04/13/2007
Address Changed: 04/13/2007
Officer/Director Detail
Name & Address
Title PITI
CASTELLANOS, NADYA PITIS
4474 WESTON RD #102
DAVIE FL 33331
Title SEC
CASTELLANOS, RENE JR SEC I /p
4474 WESTON RD # 102 V
DAVIE FL 33331
http://www.sunbiz,org/scripts/cordet.exe?action= D ETFIL&inq_ doc _number= P050000499", 6/16/2009
'kww,sunbiz,org - Department of State
16PEe~f2
Annual Reports
Report Year Filed Date
2007 04/13/2007
2008 05/05/2008
2009 01/29/2009
Document Images
01/29/2Q09=-ANNlJAL REPORT
OoIOs/2QQ8=-AN NLJAL RE:PORT
04/13/2007 =-ANNUAL REPORT
04/Q6I2Q0E3=-AN Nl,J.A",=BI:.E'ORT
04/04/2005 =-_QQ me sti I:: Profit
View image in PDF format
View image in PDF format
View image in PDF format
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View image in PDF format
I Note: This is not official record. See documents if question or conflict. I
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Copyn9ht and Pnvacy Policies
Copyri9ht ':<') 2007 State of Florida, Department of State,
http://www.sunbiz,org/scripts/cordet.exe?action= D ETFIL&inq__ doc _l1umber= P050000499,., 6/16/2009
A G R E E MEN T 09-5187
16f2
for
On-Call Mechanical Contractor
THIS AGREEMENT is made and entered into this 9th day of June, 2009, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Piping Unlimited and Retro, Inc., authorized
to do business in the State of Florida, whose business address is 4474 Weston Road, #102, Davie,
Florida 33331, (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 June 9, 2009
and terminating June 8, 2011. This contract shall have two (2) one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed four (4) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for on-call mechanical contracting work on an as-needed basis as may
be required by the Owner in accordance with the terms and conditions of ITB #09-5187 On-Call
Mechanical Contractor and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement. 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 on-call repair or emergency work, Contractors shall be contacted in the following order:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group.
For non-emergency work estimates, the County reserves the right to bid or obtain quotes under
this Agreement for any job with an estimated cost of twenty-five thousand dollars ($25,000) or
more. No single job may exceed five hundred thousand dollars ($500,000).
Should the County determine not to obtain quotes from all Contractors under this Agreement, the
County shall contact the Contractors in the following order until a successful quoter is obtained:
Piping Unlimited and Retro, Inc., Conditioned Air Corp., Hill York Corp., and Page Mechanical
Group. The successful quoter shall be the Contractor that is able to complete the non-emergency
work in the time required by the County.
The Owner shall provide a summary of Work to be performed which will afford the Contractors the
opportunity to submit a formal quotation for the new work. The Contractors shall respond with the
information sought within seven (7) working days. A purchase order will be awarded to the lowest,
responsive and responsible quoter.
Page -1-
In each Request for Quotation, the Owner reserves the right to specify the peril ~ f~tion
and the collection of liquidated damages in the event of late completion.
3, THE CONTRACT SUM: For non-emergency or emergency work, the Contractor will be paid on a
quoted time and material basis in accordance with Exhibit "A", attached hereto and made an
integral part hereof, or Contractor's quotation may also be submitted as a 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:
Piping Unlimited and Retro, Inc.
4474 Weston Road, #102
Davie, FL 33331
Attention: Rene Castellanos, Jr" Vice President
Phone: 954-701-7350
Fax: 954-680-3226
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.
Page -2-
16E2
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 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:
~ 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.
A: 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 $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Jnsured 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
Page -3-
16E2
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 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 liB" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
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.
15. CONTRACT TIME AND TIME EXTENSIONS:
Page -4-
16E2
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.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order
in the manner as Owner and Contractor shall mutually agree.
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
Page -5-
16E2
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.
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
Page -6-
16E2
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.
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 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 notify the 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:
Page -7-
16E2
(1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for
payment upon completion, If multiple payments are made, the Release and Affidavit
Form, attached as Exhibit "B".
(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.
26. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement 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 letter
to the Contractor 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.
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, ITB No. 09-5187, any
Page -8-
16E2
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.
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.
Page -9-
16E2
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:
Dwight E. Br~.q<, .clet~f Courts
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER C?jlU Y, FLORIDA
~~~
By:
Donna Fiala, Chairman
(~~ ~'1
r~~, ~,.~
First \lvitness
~Q,'~,\ ~)\.~~ tl-~)
Type/Pr~t Witness Name
f1AU1~hrun-F
Seco Witness
- .
e, VI
Type/Pri
Piping Unlimited and Retro, Inc.
Contractor
By: ~e~
Signature
K.EiVE CAsTELLANOS
Typed Signature
OWNER
Title
Approved as to form jd
C:;:lie7( r~L
AssistBflt County Attorney
~P'oAJy
S ~7t- R f;.A&k
Print Name
Ilem# J(P~3'"
~:da (p41f1
Date 1~
Rec'd -1L.LZJ.
Page -1 0-
EXHIBIT A
16E2
Hourlv Rates and Mark-Ups
Supervisor
$50.00/hour
Licensed Journeyman
(Must be able to provide a copy of licenses
(Journeyman Card) if requested, including
but not limited to verification for invoicing
and on the job verification.)
$45.00/hour
Apprentice
$30.00.lhr.
Percentage Mark-Up over actual cost for materials
20%
(No mark-up on rental equipment charges)
Percentage Mark-Up on Subcontracted Work
15%
Page -11-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
16E2
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
20_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as of
, a corporation, on behalf of the corporation. He/she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAM E:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page-12-
16E.2
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No. 09-5187
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By CONTRACTOR:
DATE:
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
Page -13-
(Signature) DATE:
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
16E2
CHANGE ORDER NO.
CONTRACT NO. 09-5187
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now ~ calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -14-
~'~'~~""'''''-~._...,~.__,.\'_lil_~' "1"
ACORD
111
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Russo Insurance Group
1700 North University Drive
Suitfl 215
Coral S rin s FL 33071
INSURED PIPING UNLIMITED & RETRO INC.
4474 WERTON RD
#102
DA VIE Fl 33331
DATE (MM/DDIYYYY)
07/01/2009
THIS CERnFICATE 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,
INSURERS AFFORDING COVERAGE
INSURER A SCOTTSDALE
INSURER B PROGRESSIVE-ADVANTAGE
INSURER C FIRST COMMERCIAL
INSURER 0:
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~= ~~~ POLICY NUMBER POlICY EFFECTIVE POlICY EXPIRATION U"TS /
~ERAL UABlUTY EACH OCCURRENCE $ 1,000,000 y
A X ~ CLS1498016 OS/27/2009 OS/27/201 0 DAMAGE TO RENTED S 100,000
5MMERCIAl GENERAL LIABILITY
- ClAIMS MADE W OCCUR MED EXP IArN one oerson\ $ 5,000
- PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000 /
- $ 1,000,000 ./
~LAGGRnE LIMIT AWnS PER PRODUCTS - COMPIOP AGG
POLICY r:~9; LOC
~UTOMOBlLE UABlUTY COMBINED SINGLE LIMIT $ 1,000,000 /'
B ANY AUTO 06258778-0 01/23/2009 01/23/2010 (Ea accident)
-
- ALL OWNED AUTOS BOOlLYINJURY
$
~ SCHEDULED AUTOS (Perpen;on)
- HIRED AUTOS BOOIL Y INJURY
$
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGE UABlUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA UABlUTY EACH OCCURRENCE $
=:J OCCUR D CLAIMS MADE AGGREGATE $
$
==1 DEDUCTIBLE /' $
RETENTION $ ./ S
WORKERS COMPENSATION AND X r.:x~J~I~ I IOJ~
C EMPLOYERS' UABlUTY WC-323620 10/30/2008 10/30/2009 EL EACH ACCIDENT $ 1,000,000 ,.
ANY PROPRIETORlPARTNERlEXECUTIVE $ 1,000,000
OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEI
~~~~~ EL DISEASE - POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS IlOCA11ONS I VEHICLES I T ADOED BY ENOORSEIIENT I SPECIAL PROVISIONS
AIR CONDITIONER CONTRACTOR
CERTIFICA TE HOLDER ADDITIONAL INSURED
CERTIFICATE HOLDER
CANCELLAnON
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES, FL\4112
SHOUlDANYOF THE ABOVE DESCRmED POl.JCES BE CANCElLED BEFORETttE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIU. ENDEAVOR 10 MAIL ~ DAYS WRITTEN
NOllCE 10 THE CERllFICATE IlOlOER NAIlED 10 THE LEFT, BUT FAILURE 10 DO SO SHALL
IMPOSE NO 0BI..IGA11ON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE <DA>
ACORD 25 (2001108)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the poticy(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 tonn does not constitute a contract between
the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it
affinnatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)