#09-5146 (Spectrum Contracting)
A G R E E MEN T 09-5146
for
Handyman and Minor Carpentrv Services
THIS AGREEMENT is made and entered into this 10th day of February, 2009, by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Spectrum Contracting, Inc.,
authorized to do business in the State of Florida, whose business address is 3530 Kraft Road, Suite
100, Naples, Florida 34105, (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on February 10,
2009 and terminating February 9, 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 five (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as
may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 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: BQ
Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction,
Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc.
For new work estimates, all Contractors awarded this contract will be quoted. 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.
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 on-call repair 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. For new work, the Owner shall pay the Contractor for the performance of the Work
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pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation.
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Spectrum Contracting, Inc.
3530 Kraft Road, Suite 100
Naples, FL 34105
Attention: Brian Weber
Phone: 239-643-2772
Fax: 239-643-0693
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
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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 seven (7) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for 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 Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include 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 notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
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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
ContractorNendor/Consultant 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 attomeys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant 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.
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15. CONTRACT TIME AND TIME EXTENSIONS.
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 conceming
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.
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18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
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 fumished 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 fumished 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 fumish 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.
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A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred
by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner review the Work. Within a
reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or
designated portion thereof) to determine the status of completion. If Owner does not consider
the Work (or designated portion) substantially complete, the Owner shall notify Contractor in
writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall so
advise Contractor in writing and include a tentative punch list of items to be completed or
corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall notify the Contractor in writing, recommending that on the basis of his
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observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Final payment shall not become
due and payable until Contractor submits:
(1) 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.
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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. 09-5146, any
Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Purchase Orders.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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 govemmental 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.
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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.
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I First Witness
Terry M. Wilson
Type/Pri t Witness ~a?,)e
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Second Witness
Pm IS /2. (,.,)!C sO'/!
Type/Print Witness Name
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: fL." d~a.
Donnl:. Fiala, Chairman
Spectrum Contracting, Inc.
Contractor
By~a:JW~
Signature
Robert D. Valentine
Typed Signature
Executive Vice President
Title
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EXHIBIT A
Hourly Rates and Mark-Ups
Hourly Rate/Regular Business Hours
Hourly Rate/Overtime or Holidays
$38.00/hour
$57.00/hour
Percentage Mark-Up on Parts and Materials
12%
Percentage mark-Up on Subcontracted Work
5%
Page -11-
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
, 20_, by
day of
of , a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
corporation.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -12-
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:
Bid No. 09-5146
Project No
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
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 $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
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: $
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)
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
CHANGE ORDER NO.
CONTRACT NO. 09-5146
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 pertormed 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-
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYYI
11/19/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tanenbaum-Harber Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7108 Fairway Drive, Suite 310 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm Beach Gardens, FL 33418
516-799-1337 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Old Republic General Insurance Corp.
Spectrum Contracting, Inc. INSURER B: Everest National Insurance Company
3530 Kraft Road INSURER C
Suite 100 INSURER 0;
. Naples, Fl34105 INSURER E
Client#. 30183
KRAFTCONS
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 CLAlMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER P~}i~~.i~f~g~I~E Pg~fJ ~~~~~~N LIMITS
A ~NERAL LIABILITY A2CG41040806 06/01/08 06/01/09 EACH OCCURRENCE '2 000 000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY , .100 000
- W CLAIMS MADE [!] OCCUR MED EXP (Anyone person) '5000
- PERSONAL & ADV INJURY .2 000 000
- GENERAl AGGREGATE .4000 000
GEN'L AGG~Eri1E ILlMIT APlils :ER PRODUCTS _ COMP/OP AGG .4000 000
4 X PRO. X
POLICY JECT LOC
A ~TOMOBILE LIABILITY A2CA41 040806 06/01/08 06/01/09 COMBINED SINGLE LIMIT
!L ANY AUTO (Easccid,ml) '1,000,000
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Pllrperson)
X HIRED AUTOS BODILY INJURY
"- .
!L NON,OWNED AUTOS (pElracddant)
- PROPERTY DAMAGE ,
(Pllraceidanl)
~RAG' ClAB'ClTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG ,
B ~~5S/UMBRELLA LIABILITY 71R4000186081 06/01/08 06/01/09 EACH OCCURRENCE .10 000 000
X OCCUR D CLAIMS MADE AGGREGATE .10 000 000
$
==I DEOUCTlBLE $
RETENTION . $
A WORKERS COMPENSATION AND A2CW41040805 06/01/08 06/01/09 X I T~~J,T,~I~~ I IO!,I:I-
EMPLOYERS' LIABILITY .1,000,000
ANY PROPRIETORlPARTNERJEXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED'! E.L. DISEASE - EA EMPLOYEE .1,000,000
ilYEls,dElscribElunder ,1,000,000
SPECIAL PROVISIONS below E_L DISEASE, POliCY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Bid No 09-5146, "Handyman and Minor Carpentry Services". Collier County
Board of County Commissioners is included as an Additional Insured as
required by written contract. Indemnification: To the maximum extent
permitted by Florida Law, The ContractorNendor/Consultant shall indemnify
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County - ~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -31L. DAYS WRITTEN
Board of County Commissioners NOTICE TO THE CERTIFlCATE HOLPER NAMED TO THE LEFT, BUT FAILURE TO 00 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
~~ )<1~
ACORD 25 (2001/08) 1 of 3
#S96536/M70599
T4109
o ACORD CORPORATION 1988
IMPORTANT
~
.
If the certificate holder is an ADDITIONAL INSURED, the pOJicy(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 25-5 (2001106)
2 of 3
#S96536/M70599
DESCRIPTIONS (Continued from Page 1)
ac.d 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
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant 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.
AMS 25.3 (2001/08)
3 of3
#S965361M70599
ITEM NO.: eft rptc- OllS~
FILE NO.:
DATE
1" (It: '1"1;-
1~;O! H17'/ / '.' II I:
j 1 . j ~~..
. J .'.
RECEIVED16 [ 6
ROUTED TO:
r
/.'
." I
'".~ _#
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 26, 2009
To: Office of the County Attorney
Jeff Klatzkow
From: Lyn M. Wood, C.P.M., Contract Specialist ~"
Purchasing Department, Extension 2667 U"'V r-
Re: Contract: 09-5146 "Handyman and Minor Carpentry Services"
Contractor: Spectrum Contracting
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on February 10, 2009, Agenda
Item 16.E.6
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS: '---....--
Please fo"", r~gnature after approval. If there are any
questions concernin e do nt, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
c: Damon Gonzales, Facilities Mgmt.
~.
j 411/q
~ ~1l d- dlir.
MEMORANDUM
16,[6
TO:
FROM:
Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract Specialist;!! ~
Purchasing Department Jr~' "
March 26, 2009
DATE:
RE:
Review Insurance for Contract: 09-5146 "Handyman and Minor
Carpentry Services"
Contractor: Spectrum Contracting
This Contract was approved by the BCC on February 10, 2009, Agenda Item
16.E.6
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
dod/LMW
RECEIVED
MAR 2 I 2009
RIJ;::~~m Ctt-
.i~;!;~
C: Damon Gonzales, Facilities Mgmt.
vvww.sunbiz.org - Department of State
Pr~jQYj;LQ!lJ..jJit ~e}(t OJ)l..j~t REttUJILIQI...1S!
events
N~meHjstQI"Y
Detail by Entity Name
Florida Profit Corporation
SPECTRUM CONTRACTING, INC.
Filing Information
Document Number K51040
FEI Number 650425707
Date Filed 12/13/1988
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 08/11/2004
Event Effective Date NONE
Principal Address
3530 KRAFT ROAD
SUITE 100
NAPLES FL 34105 US
Changed 06/21/2007
Mailing Address
3530 KRAFT ROAD
SUITE 100
NAPLES FL 34105 US
Changed 06/21/2007
Registered Agent Name & Address
VALENTINE, ROBERT D
3530 KRAFT ROAD
SUITE 100
NAPLES, FL 34105 US
Name Changed: 04/18/2008
Address Changed: 06/21/2007
Officer/Director Detail
Name & Address
Title CEO
SCHALLERT, JOHN B.C.
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Title EVP
pagelo16[ 6
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VALENTINE, ROBERT D
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Title V
WILSON, TERRY M
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105 US
Title V
SPADORCIA, JAMES
3530 KRAFT ROAD SU ITE 100
NAPLES FL 34105
Title V
BALDI, RICHARD
3530 KRAFT ROAD SUITE 100
NAPLES FL 34105
Annual Reports
Report Year Filed Date
2008 03/03/2008
2008 04/18/2008
2008 12/22/2008
Document Images
12122/20Q8--..ANNUALREEOHT
04/18/200a ~~ANNUALBEEORT
03103/2Qoam~~ANNUALREPORT
06/2J/20OZ~=.ANNUAl".REEORT
04107 f20Q6=~ANNUALREPQRT
03/2(:51200(:5~- ANNUALREEORT
oBL1J 120Q4~~Amendment
04/02/2Q04 =~ANNUALREPORT
03/06f2Q03..~=ANNUAL...R.I;.P.ORJ
Oa/20/2002 ~~.. Ni3meChange
0(:5/23f2QQ2=ANNUAl"RI;PORT
03/20/2001 -- ANNUAL REPORT
01/29/2000 ::- ANNUAL REPORT
02/20/1999 -- ANNUAL REPORT
02/24/1998 -- ANNUAL REPORT
03/06/1997 -- ANNUAL REPORT
04/24/1996 -- ANNUAL REPORT
0(:510J1JQQ(:5~=ANNUALBEEORT
Page 2 of3
16
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Note: This is not official record. See documents if question or conflict.
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