#09-5187 (Page Mechanical Group, Inc.)
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-Carr
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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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 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
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. UQUIDA TED 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
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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.
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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.
By:
Dated: Jti!!~":30, ....< : ~
, " -' ' ,."- '} . r
A"'-st.. ~. .(.S..Ee..aJ).~ W\I:~~.'..,,~'o.'
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First ~ -'s' ,.. - -
~ In L
Type/Print Witn
M~ E(:R,El-lrg
Type/Print Witness Name
Appro ed as to form and
leg s ffiCienc'j? j~L
~~~il'l County Attorney
S C-i> if /2 -;;4 ~ L
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER C~UNTY, FLORIDA
/,.1 /
I. _
!,,' :"~7??'lA.-' ~~
Donna Fiala, Chairman
By:
Page Mechanical Group, Inc.
Qontractor
By: ~ -~J 't~~D;'_~
Signature
David S. Flammia
Typed Signature
Vice President
Title
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EXHIBIT A
Hourlv Rates and Mark-Ups
Supervisor
$85.68/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.)
$64.07/hour
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%
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COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
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
Witnesses
DATE:
[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.:
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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 dateJ $
Retainage @ _% after [insert dateJ $
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:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(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. 09-5187
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-
03/20/2009 10:29
2395420593
PREMIER INS
PAGE 132/04
'ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE ("''''IDIlIYVYY)
TV 03/2D12009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PREMIER INSURANCE CORP., INC, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATI: DOES NOT 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 i 10178 V'
4611 CUMMINS COURT INSURER B:
FORT MYERS, FL 33905 INSURER C:
INSURER 0:
INSURE~ E i
COVERAGES
THE POLICIES OF INSURANCE LISTED BELUW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER.IOD 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 INSURANC~ AFFORDED ~Y TH~ POLICIES DESCRJ61;D HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUGH
POLICIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
jADD'W . I'.?^L+~Y EFFECTIVE ,POLICY ~P1RA nON I -..-.
INSR POLICY NUMBER LIMITS /
~.ERAL L1ABllI1Y ' , EACH OCCURRENCE 1$ 1,000,000 V
A ,X i COMMERCIAL GENERAL LIA6111TY ' GLD006468 11/0512008 ; 11/0512009 DAMAGE TO RENTED I , 300,000
~ 1] MED EXP rAnv one nar&oo\ $ 10,000
~j CLAIMS MADE OCCUR.
i I PERSONAL 6. ADV INJURY I $ 1 000,000
~ i I GENERAL AGGREGATE I $ 2,000,000
,
, , i PRO[)(ICTS - CDMP/Of> AGG $ 2,000 000
; GEN'L AGGREfilE LIMIT A!~S PEA: :
r-; PRO. . , :
! : POLICY X I~r'; I LOe: ,
~OMOBILE lIA81l11Y ! COMBINED SINGLE LIMIT $ 1,000.000 ~
A I X ANY AUTO i CAOO09719 11/05/1008 11/05/2009 ! (Ee Socloen\)
I
~ ~"w,,"''"'' i 800lL Y INJURY
i (Per pSIOon) S
I SCH~DULE,O AUTOS i
X HIREO AUTOS ; i BODILY INJURY
,
H NON.OWNED AUTO~ ' [ (PQr -QCCidQI"\\) $
:
,
, , I FROPERTY OAMAGE
i , (Per 8ocloe",> $
,
qRAGE 1.1A81LJ1Y I i I AUTO ONLY - EAACCIDENT $
ANY AUTO I ~ OTHER, THAN EA ACC $
I ., : AUTO ONLY: AGG .
I i
: $ 6,000 000
mESS/UMBRELLA LIABILITY EACH OCCURRlSNCE
A X. OCCUR 0 CLAIMS MADE UMBOO05916 11/05/2008 11/05/2009 ! AGGREGATE $ 6,000000
I ,
M DEDuCTIBLE i/ ! $..... .'-
X flETENTION S 10.000 1/ $
WORKERS CO/olPE"l8A TION AND , : x TWC!lTATlJ. . !O,;r~- /
A EM!,LOY.ER~' LIABILITY 001-WC09A.S9377 02/n/2.009 02/27/2010 51 000 000 .,/ .
ANY PROPRIETOR,/PARTN.ERlEXECUTIVc I;.L I;ACH ACCIDI;NT
OFFICERiMEMBER. EXCLUDED? I : E.l. DISEASE - EA EMPLOYEE S 1,000,000
11 yes, descrlt>e uno"r : E.l. DISEASE - POLICY LIMIT ; 1 000 000
SPECIAL PROVISIONS calow
OTHER I CMOD03527 · LEASED/RENTED $3DD,ooo Per Item
A INLAND MARINE [/12008 11/05/2009 · EQUIPMENT $300,000 Max.
Per Occurrence
OI;~RIPTION OJ' OPEAATION~ I ~OCATIONS/IIEHICLe81 EXCLUSIONS ADOi<O BY i<ND~E"'ENT I SPECIAL. PI\OVISIONS
COLLIER COUNrY BOARO OF COUNlY COMMISSIONERS IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY WITH
RESPECTS WORK P7ED AS REQUIRED BY WRITIEN CONTRACT.
REF: BID #09-5181 .
CERTIFICA TE; HOlDER
COlliER COUNTY BOARD OF COUNTY COMMISSIONERS
3301 EAST TAMIAMI TRAil
CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POllCIEBBE CANCElLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL eNCEAVO~ TO MAIL ~ DAYS WRITTEN
NOTlC~ TO THE CERTIFICATE HOLDI;R NAMED TO THE LlOFT, BUTF!<'LUR,I; TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF A.tN KINO UPON lHE INSURI;R. 113 AGENTS OR
REPRESENTATIVeS.
AUTHORjZI;D IlEPReSENTAT(V
g
NAPLES, FL 34112
ACORD 25 (2001/08)
03/20/2009 10:29
2395420593
PREMIER INS
PAGE 03/04
IMPORTANT
If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights 10 Ihe certificate holder in lieu of such endorsement(s).
If SUBROGATION 1$ 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 represer\lative or producer, and the certificate holder, nor dOGS it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink papcr. Attach to original documcnt. Original documcnts should be hand dclivcred to the Board Office. The completcd routing slip and Oliginal
documents are to bc forwardcd to the Board Oflice only after the Board has takcn action on the itcm.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, datcs, and/or information needed. lfthc document is alrcady complete with the
r
cxccption ofthc Chairman's signature, draw a mc through routing lincs #1 through #4, comolete the checklist, and forward 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 Connnissioners
6. Minutes and Records Clerk of Court's Office
(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 for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Lyn M. Wood
Contact
Agenda Date Item was 6-9-09
Approved by the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Contract #09-5187-~ . C'll.:
Number of Original
Documents Attached
2667
16.E.2
Two
Yes
(Initial)
SRT
NIA (Not
Applicable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a propriate.
Original document has been signed/initialed for legal sufficiency. (AIl documents to be
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 fuIly executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
AIl handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
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 TaIlahassee within a certain
time frame or the BCC's actions are nuIlified. Be aware of your deadlines!
The document was approved by the BCC on 6-9-09 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
SRT
SRT
SRT
SRT
SRT
2.
3.
4.
5.
6.
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
09-PRe-0 1236/2
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: On Call Mechanical Contractor PROJECT #: _N/A_ PROJECT MANAGER:Damon Gonzales_
BID/RFP #: 09-5187 MOD #:
PO#:_N/A
WORK ORDER #:_N/A
DEPARTMENT: Facilities Mana ement
CONTRACTOR/FIRM NAME:
Pa e Mechanical Grou
Original Contract Amount: $ N/A
(Starting Point)
Current BCC Approved Amount: $ N/A
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ N/A
(Including All Changes Prior To This Modification)
Change Amount: $ N/A
Revised ContractIWork Order Amount: $ N/A
(Including This Change Order)
Cumulative Dollar Value of Changes to
this ContractIWork Order: $ N/A
Date of Last BCC Approval_6/9/09
Agenda Item # _16.E.2
Percentage of the change over/under current contract amount--= 0-
Formula: (Revised Amount I Last BCC approved amount)-1
%
CURRENT COMPLETION DATE (S): ORIGINAL:
CURRENT:
This change order will: 0 Add a new Task for $
Other
o Increase Task Number
by$
Describe the change(s):_ To add language to allow for lump sum quotes.
Specify the reasons for the change(s) x 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added
r. 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Time and material projects put
the County at more risk than lump sum pricing.
This change was requested by: r1Contractor/Consultant x Owner rI Using Department r CDES
rDesign Professional r1Regulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: x Yes
r No
APPROVED BY:
Date:
q -(- 09
9-1-09
REVIEWED BY:
Date:
Revised 6 18 09
EXHmIT A-I Contract Amendment 1
Contract # 09~5I87 "On~CaIl Mechanical Contractor"
This amendment, dated , 2009 to the referenced agreement shall be by and between
the parties to the original Agr ent, Page Mechanical Group, Inc. (to be referred to as "Contractor") and
Collier County, Flori~~J!2 be referred to as "Owner").
Statement of Understanding
RE: Contract # 09-5187 - "On-Call Mechanical Contractor"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as follows:
Wording deleted are shows as struck tbrough, wording added is shown as underlined.
Item 3, The Contract Sum, shall be changed as follows:
3. THE CONTRACT SUM: For non-emergency or emergency work, the Contractor will be paid on
either a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part
hereof, or by lump sum, as submitted on the Contractor's quotation.
All other terms and conditions of the agreement shall remain in force.
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(s) indicated below.
Accepted: i2u'fftJ. ~ f .;It, .2009
CONTRACTOR: OvHmR:
Page Mechanical Group, Inc.
ByQC.J ~..
~
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: 3~ t) c--
Damon Gonzales~Project Manager
David S. Flammia, Vice President
DEPARTMENT DIRECTOR
BY~
IpC P
DIVISION ADMINISTRATOR
By: ~~noU~1.. f)~ BilS/DO;
Len Pri~
CONTRACT SPECIA: ~
By ~, 171 'rV
Lyn . ood
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: On Call Mechanical Contractor PROJECT #: _NfA_ PROJECT MANAGER:Damon Gonzales_
BID/RFP #: 09-5187 MOD #:
PO#:_N/A
WORK ORDER #:_N/A
DEPARTMENT: Facilities Mana ement
CONTRACTOR/FIRM NAME:
Conditioned Air of Na les Inc.
Current BCC Approved Amount:
$ N/A
(Starting Point)
$ N/A
(Last Total Amount Approved by the BCe)
Original Contract Amount:
Current Contract Amount:
$ N/A
(Including All Changes Prior To This Modification)
Change Amount:
$ N/A
Revised ContractIWork Order Amount: $ N/A
(Including This Change Order)
Cumulative Dollar Value of Changes to
this ContractIWork Order: $ N/A
Date of Last BCC Approval_619109
Agenda Item # _16.E.2
Percentage of the change over/under current contract amount--=- 0 -
Formula: (Revised Amount I Last BCC approved amount)-1
%
CURRENT COMPLETION DATE (S): ORIGINAL:
CURRENT:
This change order will: 0 Add a new Task for $
o Increase Task Number
by$
Other
Describe the change(s):_ To add language to allow for lump sum quotes.
Specify the reasons for the change(s) x 1. Planned or Elective (" 2. Unforeseen Conditions (" 3. Quantity
Adjustments (" 4. Correction of Errors (Plans, Specifications or Scope of Work) C 5. Value Added
(" 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative Impacts to the project If this change order were not processed: Time and material projects put
the County at more risk than lump sum pricing.
This change was requested by: rlContractor/Consultant x Owner rI Using Department r CDES
r Design Professional rlRegulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: x Yes
r No
Date:
tJ -4 ~ {J r;
Date: tf - </-D 9
REVIEWED BY:
~
Revised 6 18 09
,
EXHIBIT A-I Contract Amendment 1
Contract # 09-5187 "On-Call Mechanical Contractor"
This amendment, dated ;;JL, 2009 to the referenced agreement shall be by and between
the parties to the original Ag me nt, Conditioned Air of Naples, Inc. (to be referred to as "Contractor")
and Collier County, Florida, to be referred to as "Owner").
Statement of Understanding
RE: Contract # 09-5187 - "On-Call Mechanical Contractor"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as follows:
Wording deleted are shows as struck throligh, wording added is shown as underlined.
Item 3, The Contract Sum, shall be changed as follows:
3. THE CONTRACT SUM: For non-emergency or emergency work, the Contractor will be paid on
either a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part
hereof, or by lump sum, as submitted on the Contractor's quotation.
All other terms and conditions of the agreement shall remain in force.
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(s) indicated below.
Accepted:
1Lt:fdc'
o ER:
,2009
CONTRACTOR:
Conditioned Air of Naples, Inc.
Byl1;;l W~
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
roject Manager
Keith Walker, Chief Operations Officer
DEPARTMENT DIRECTOR
B~~
mp
DIVISION ADMINISTRATOR
By t..t<"'-~0i!tJ~ p,~. ·
Len Pri 8/25/07
CONTRACT SPECIALIST
BY~' )ll 'tJ nI
L yn ood