#09-5253 (Acousti Engineering)
~ACOUSTI www.ACOUSTl.com
ENGINEERING SINCE 1946
COMPANY OF FLORIDA
CG-C020791 _ INTERIOR CONSTRUCTION SYSTEMS -
CEILINGS WALLS FLOORS
4656 34th St. S. w., Orlando, FL 32811 PH: (407)425-3467
P. O. Box 6 H1146, Orlando, FL 32861 FAX: (407) 422-6502
Authorization by Corporation to Execute
Subcontracts, Change Orders & Purchase Orders
State of FLORIDA
County of ORANGE
ACOUSTI ENGINEERING COMPANY OF FLORIDA, a corporation through its
VICE PRESIDENT hereby authorizes GEORGE ESTES to execute subcontracts,
change orders, purchase orders, final releases, warranties and pattial releases on behalf of
the corporation in favor of Collier County Board of County Commissioners for the
project known as PURCHASE AND INSTALLATION OF FLOOR COVERING.
This authorization shall remain in effect until cancelled by the corporation in writing and
delivered to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.
Acousti Engineering Company of Florida
(Print or Type name of Corporation)
RA. Crozier, Vice President
(P~p) n;~orporat~ Officer Signing)
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(Signature f Corporate OUicer)
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Dated this 5th day of November, 2009 ( /' ./'
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Swom to and subscribed before me this .....
5th day of November, 2009 " ~I """'" l
/l c.: ~b . i ,.~...rll.;;#, ELIZABETH C FOSBINDER
L . ["[.)0 .U ",-1 ,~! "'f:% MY COMMISSIOr'H Df) 916643
_mmmmm 1LlJlm.. I~J;&'~Y EXPIRES; December 13,2013
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CLEARWATER COCOA Fr. MYERS GAINESVILLE JACKSONVILLE MIAMI ORLANDO
PENSACOLA TAlLAHASSEE TI\MPA WEST PALM BEACH HOUSTON, TX
NASHVILLE TN CHARLOTTE, NC [<ALEIGH, Ne
A G R E E MEN T 09-5253
for
Purchase and Installation of Floor Covering
THIS AGREEMENT, made and entered into on this 13th day of October, 2009, by and
between Acousti Engineering Company of Florida, authorized to do business in the State of
Florida, whose business address is 4656-34th Street S.W., Orlando, Florida 32811, hereinafter
called the "Contractor" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
October 13, 2009, and terminating on October 12,2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County 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 Contractor shall provide for the sale and installation of
floor coverings in accordance with the terms and conditions of Bid #09-5253 and the
Contractor's proposal referred to herein and made an integral part of this agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. COMPENSATION. The County shan pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/ fees submitted in the proposal.
A quotation will be required from one (1) vendor for work under $50,000. For all work
over $50,000, quotations will be required from all contracted vendors.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
Page 1 of7
Payment will be made upon receipt of a proper invoice and upon approval by the
Project Manager or his designee, and in compliance with Chapter 218, Florida Statutes,
otherwise known as the "Local Government Prompt Payment Act".
4. DEDUCTIONS: The County reserves the right to deduct portions of the invoiced
amount for services not completed within the expressed time frame, including required
deliverables, incomplete and/ or deficient work. This list is not deemed to be all
inclusive, and the County reserves the right to make sole determination regarding
deductions. After notification of any deficiency if the Contractor fails to correct the
deficiency within the specific timeframe, these funds would be forfeited by the
Contractor. The County may also deduct or charge the Contractor for services and/ or
items necessary to correct the deficiency directly related to the Contractor's non-
performance.
The Contractor shall at all times keep the premises free from accumulations of waste
materials or rubbish caused by his employees and at the completion of the work he shall
remove all his waste, tools, equipment and materials from the structure and grounds
and leave the workplace clean and ready for use. Prior to final inspection, Contractor
will thoroughly clean carpet, carpet squares, vinyl and adjacent surfaces. Failure to do
so may result in a two hundred dollar ($200) deduction per room plus the cost to have
area(s) cleaned.
If moving furniture is involved, Contractor will be required to include in their estimate a
price to remove and reinstall furniture as needed. No interruption of customer
operations will be allowed unless mutually agreed upon in writing with the Facilities
Management Representative prior to the installation. Any equipment, tools and old or
new materials left in the area being worked on after completion may result in a one
hundred dollar ($100) deduction per item. Complaints from customers for poor
installation of furniture or incorrect placement after floor covering installation will also
result in a deduction of one hundred dollars ($100).
5. DAMAGE TO EXISTING FACILITIES: In the event that the existing building, facilities
or equipment are disrupted or damaged as a result of the Contractor's operations, then
the Contractor shall be responsible for the restoration to a condition equal to that
existing prior to being disrupted or damaged. All such restoration shall be at the
expense of the Contractor. All base board, carpet and tile installations will be
professionally installed, failure to provide excellent service will result in non-payment
and/ or vendor(s) will be responsible for repairs or reinstallation by another vendor.
6. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any
required service within the time schedule under the subsequent contract, the County
reserves the right to obtain substitute performance. Further, the County reserves the
right to deduct the cost of such substiitute performance from the Contractor's payments.
The Contractor may be exempt from this provision if such exemption is granted by the
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Contract Manager or their designee, in writing, prior to any delays or as a result of an
Act of Nature.
7. 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.
8. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Acousti Engineering Company of Florida
3610 Work Drive
Fort Myers, Florida 33916
Attention: James R. Verner, President
Telephone: 407-425-3467
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time I
upon giving the other party written notification. All notices under this Agreement must
be in writing.
9. 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.
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., 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.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
Page 3 of7 I
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
11. 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 repJresentative 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.
12. TERMINATION. Should the Conlractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
14. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
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.
I
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Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
15. 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.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
17. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, and Bid #09-5253 Specifi-
cations/Scope of Services.
19. 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.
20. 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
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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.
21. 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 use. 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.
22. 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.
23. 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.
24. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor .
25. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Page 6 01'7
I
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.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER JTY' FLORIDA _
~d~
By:
Donna Fiala, Chairman
,
Acousti Engineering Company of Florida
~d By:
First Witness Signature
Car 1 Needham
tTypej print witness namet
9 &1P - )I _d. v" Q~...t,,/L George A. Estes, Vice President
Second Wi ss Typed signature and title
--Sol "tY,Cl Cc) ~,/ut~
tTypejprint witness namet
Approved as to form and
lC::;Il)~#L Item # J ~-~( ~
Agenda .gq
A.uSi~ County Attorney Date
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Page 7 of7
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
8/31/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lassiter-Ware Insurance ONLY lAND CONFERS NO RIGHTS UPON THE CERTIFICATE
4401 W. Kennedy Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33609
18131282-1965 fax: (888)883-8680 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
Acousti Engineering Company of Florida
3610 Work Drive INSURERB: Amerisure Mutual Insurance Co.
Ft. Myers, FL 33916 INSURERC: American Guarantee & Liability
INSURERD: Midwest Employers Casualty Co.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INsR DD' TYPE nF I P~.t+~~ii~~g~E Pgk!f:,~~lf6'~N
LTR N"RD POLICY NUMBER LIMITS
~NERAL LIABILITY GL2048301 01/01/2009 01/01/2010 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY ~~~~~~~9E~~~~~~ncel $ 300,000
I--- ~ CLAIMS MADE [!] OCCUR
f- MED EXP (Anyone person) $ 10,000
A X Contractual PERSONAL & ADV INJURY $ 1,000,000
X XCU Included GENERAL AGGREGATE $ 2,000,000
n'L AGGRE~E LIMIT APnS PER: PRODUCTS. COMP/OP AGG $ 2,000,000
POLICY X~!}PT LOC
~TOMOBILE LIABILITY CA2048300 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT
$ 1,000,000
~ ANY AUTO (Ea accident)
I--- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
B I---
~ HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
I---
X Hired Car Physical PROPERTY DAMAGE
(Per accident) $
RAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
tfJEss/UMBRELLA LIABILITY AUC594500400 01/01/2009 01/01/2010 EACH OCCURRENCE $ 20,000,000
X OCCUR D CLAIMS MADE PER PROJECT AGGREGATE AGGREGATE $ 20,000,000
C $
8 DEDUCTIBLE $
X RETENTION $ 0 $
EWC007399 01/01/2009 01/01/2010 X I WCsTATU., I 10TH.
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000
D ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ 1,000,000
If yes, describe under EL DISEASE. POLICY LIMIT $ 1,000,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS/ LOCA nONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORsE,MENT /sPECIAL PROVISIONS
Collier County Government is named as additional insured with
respect to General Liability as required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 E. Tamiami Trail REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE "",/ . .;.;?
~"~~~
Kirk Bramlett ~...- -/ -
ACORD 25 (2001/08) @ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
\
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Certificate issued for Acousti Engineering Company of Florida 01/01/2009
Lassiter-Ware Insurance
Certificate Notes for Policy Term: January 1, 2009 to January 1, 2010
1. Blanket Additional Insureds as required by written contract as respects General Liability, including
Products & Completed Operations per Form #CG7048 (03/04) and Form #CG2037 (07/04).
2. General Liability Blanket Additional Insured Form #CG7048 (03/04) will convert to Form #CG20l0
(11/85) if specifically required by written contract.
3. Blanket Additional Insureds as required by written contract as respects Automobile Liability per
Advantage Commercial Automobile Broad Form Endorsement, Form # CA7115 (12/05).
4. Blanket Additional Insureds as required by written contract as respects Umbrella Liability. Umb re 11 a
follows form over the General Liability and Automobile Liability policies.
5. Blanket Waiver of Subrogation as required by written contract as respects General Liability per
Contractors General Liability Extension Endorsement, Form # CG7049 (03/04).
6. Blanket Waiver of Subrogation as required by written contract as respects Automobile Liability per
Advantage Commercial Automobile Broad Form Endorsement, Form #CA7115 (12/05).
7. Blanket Waiver of Subrogation as required by written contract as respects Workers' Compensation per
Florida Form #10-30 (1/93).
8. Blanket Waiver of Subrogation as required by written contract as respects Workers' Compensation for
all other States per Form #WC000313 (4/84).
9. The General Liability Insurance shall be primary and non-contributory, but only to the extent
required by written contract, per Form #CG7048 (03/04).
10. Workers' Compensation and Automobile Liability are always primary and non-contributory.
11. General Liability Per Project Aggregate per Form #CG7049 (03/04).
12. Umbrella Liability Per Project Aggregate
i
13. Workers' Compensation includes coverage for all employees including owners & officers. I
14. Workers' Compensation provides coverage for the Workers' Compensation benefits of the State where
the project is located.
15. Umbrella follows form over Employers' Liability.
16. The General Liability, Automobile and Umbrella Liability policies all contain a Severability of
[nterest Provision.
l7. Exception to Notice of Cancellation - 10 Days for Non-Payment of Premium.
\LL COVERAGE IS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS.
Waiver of Subroaatlon
The last paragraph (Recovery From Others) is deleted from Part One of the Policy. The last
paragraph (Recovery From Others) Is deleted from Part Two of the policy.
As required by written contract
Endorsement Effective: 0110112009
Polley No.: EWC007399
Named Insured; AcouslJ Engineering Company or Florida
Countersigned MIDWEST EMPLOYERS CASUALTY COMPANY
1)--. t.~ ~ j, ...r~L-
Authorized Representative Secretary President
This endorsement forms part of the policy to which attached, effective on the Inception date of the polley unloss otherwise stated herein.
10-30 (1-93) Date Printed: 12/1812006