#09-5323 (Precision Plumbing)
A G R E E MEN T 09-5323
for
On-Call PlumbinQ Contractors
THIS AGREEMENT is made and entered into this 15th day of December, 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 Precision Plumbing Services, Inc., authorized to do business in the State of Florida,
whose business address is 17473-B Jean Street, Fort Myers, Florida 33912 (hereinafter
referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing
on January 9, 2010 and terminating January 8, 2011. This contract shall have three
(3) 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 three (3)
firms to be pre-qualified and awarded a Contract to each firm. Each awardee will
enter into an Agreement to provide complete on-call plumbing services on an as-
needed basis as may be required by the Owner in accordance with the terms and
conditions of Bid #09-5323 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 work $50,000 or less: the department may select one of the vendor(s) on
contract, quote out the work among all vendor(s) on contract, or competitively
solicit for new quotes.
. For work more than $50,000 and less than $500,000: the department may
quote out work among the vendor(s) on contract, or, may conduct a separate
new solicitation.
. In no case may a single repair or new installation job exceed $500,000 on
resultant contracts of this ITB.
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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.
Quotes may be submitted as time and materials or lump sum.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of
the Work pursuant to the quoted price offered by the Contractor in his response to a
specific Request for Quotation. Quotes may be time and material, in accordance
with Exhibit B, Charges, or lump sum.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by
the County to the Contractor shall be made in writing and shall be delivered by hand,
by fax, e-mail, or by the United States Postal Service Department, first class mail
service, postage prepaid, addressed to the following Contractor's address of record:
Precision Plumbing Services, Inc.
17473-B Jean Street
Fort Myers, Florida 33967
Attention: Timothy R. Shanks, Vice President
Telephone: 239-481-2300
Facsimile: 239-481-2328
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 Agreement
must be in writing.
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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.
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 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;
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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 $500,000 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.
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 rnaximum 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. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or
Payment Bond prior to commencing performance, for the full amount of the
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Work, which shall act as a security guaranteeing the performance of the
Contractor's work and the payment by the Contractor to any other party (ies)
providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute another bond and surety, both of
which shall be subject to the Owner's approval.
13. 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.
14. 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.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials
from specifications shall be approved in writing by Owner in advance.
16. 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.
17. 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.
18. 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
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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.
19. 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.
20. 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.
21. 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.
22. 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,
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insubordinate or otherwise objectionable and whose continued employment on
Collier County projects is not in the best interest of the County.
23. 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.
24. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If
Contractor or anyone for whom Contractor is legally liable is responsible for any
loss or damage to the Work, or other work or materials of Owner or Owner's
separate contractors, Contractor shall be charged with the same, and any
monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of
the Work or adjacent property to stresses or pressures that will endanger it.
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.
25. 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
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had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
26. 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. 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 notify Contractor in writing, which shall fix the date of Substantial
Completion for the entire Work (or designated portion thereof) 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 promptly
notify 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:
(1) Consent of Surety (if applicable) to final payment.
(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.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by
the purchase order date. Contractor shall commence the work within five (5)
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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 notice to the Contractor in writing 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.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
29. 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, Exhibits
A and B, Insurance Certificate, Bid No. 09-5323, any Quotation made or issued
pursuant to this Agreement, and any related plans or specifications for any such
Quotations or Work Orders.
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30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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
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negotiation shall be attended by representatives of CONSULTANT with full
decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER 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 CONSULTANT with full decision-making authority and by
OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'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.
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.
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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.
ATTEST:.I:'- c', ,
Dwi tE. Brock, elM of Courts
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO}1.JTY, FLORID~
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Donna Fiala, Chairman
By:
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Precision Plumbing Services, Inc.
Contractor
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Signature
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Typed Signature
Second Witness
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Type/Print Witness Name
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Title
Approved as to form and
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As3ist",,[ County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 09-5323
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
) for the payment whereof we bind
personal representatives, successors and assigns,
as
($
ourselves, our heirs, executors,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
In
accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section
255.0592. In no event will the Surety be liable in the aggregate to claimants for more
than the penal sum of this Payment Bond, regardless of the number of suits that may be
filed by claimants.
IN WITNESS WHEREOF,
day of
pursuant to
the above parties have executed this instrument this
20_ the name of under-signed representative,
authority of its governing body.
09-5323
On-Call Plumbing Contractors
Page -14-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 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
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
09-5323
On-Call Plumbing Contractors
Page -15-
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as
of , Surety, on behalf of Surety. He/She is
personally known to me OR has produced as identification and
who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
09-5323
On-Call Plumbing Contractors
Page -16-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 09-5323
KNOW ALL MEN BY THESE PRESENTS That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our
heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20_, with Oblige for
day of__
in accordance with drawings and specifications, which contractor is incorporated by reference
and made a pat hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige
sustains because of any default by Principal under the Contract, including, but not
limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to be
performed hereunder, or the specifications referred to therein shall in anywise affect its
obligations under this bond, and it does hereby waive notice of any such changes, extensions of
time, alternations or additions to the terms of the Contract or to work or to the specifications.
09-5323
On-Call Plumbing Contractors
Page-17-
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal
sum of this Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 20_, the name of each party being affixed and these presents
duly signed by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
20_, by
, as
of
corporation, on behalf of the
,a
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
Commission No.:
09-5323 Page -18-
On-Call Plumbing Contractors
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by
, as
of
personally known to me OR has produced
who did (did not) take an oath.
, Surety, on behalf of Surety. He/She is
as identification and
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
09-5323
On-Call Plumbing Contractors
Page -19-
EXHIBIT B
Charaes
1. Cost per hour per skilled worker for County business hours - Monday through
Friday, 8:00 AM to 5:00 pm
Master Plumber
$85.00/hour
Journeyman
$65.00/hour
$30.00/hour
$24.70/hour
Helper/Apprentice
General Laborer
2. Percentage of mark-up over actual cost for
for materials
10%
3. Response time for emergencies
1 hour
4. Response time for on-call non-emergency work
2 hour
09-5323
On-Call Plumbing Contractors
Page -22-
From:Brenda L. Baty CIC, CISR FaxlD:
Page 1of2
Date:01l1312010 04:06 PM Page:1 of 2
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY)
1/13/2010
PRODUCER Pbone: 'J41-2CJ5-2L4CJ tax. 94l-2U5 -zu!'s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Br.own & Brcwn ot ChdJ.-lut te Co,mty ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
126 E Olym~ia Ave Suite 401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Punta Gorda FL 33950
! INSURERS AFFORDING COVERAGE NAIC#
I'\ISURED ! INSURER A: FCCI 11257
Precision Plumbing Servlces, Ir:c. I
Precision Services, ~Le 1_INS!:lRE~El.: SOiJ th~_J;:.~n Q'&n~_l-s._ln_;:;_ .__ CQ, 10190
8170 Mainline Parkway, Suite #3 ...!..~~UR~.RC- A..\ltQ..~()wn:;;rs ~__~~_ . .iLLllO.
Fort Myel-s FL 33912 INSURERD
-~---~-'---'-~~-----~----- .- _._---~-
INSURERE
COVERAGES
'CHE PGLIC:::ES OF I;\r.SC:r;.ANCE :":':S'CEL DELG\': HAVE BEEN ISSUED 1"-'; THE ::;SURED ,-~A!'.1Er, ABOVE FOR TH~ POL:CY PEF-IOD :NrICATED
:;O-:''i~:':'HSTA!\T-'ING ANY F.EQ;J:REI<ENT, 1'Ef<.I'.1 OR CO;\D:T:::C" '.J." A.'iY CC",;:-?-ACT OR O:'HEE I)CCUI<Et,'I' 'i,'ITH RESPEC'I' TO r,-rH:':CH ':HIS
CERT:F:CA':'E t-1AY BE ISS,JED DR ,'lAY FERc-A::\' , THE: :i\S,_;RAl\C'E AFFCR[:'2D BY ,HE PUL:C:':ES ::-ESCR:':2E::;, HERE:':" -;-0' ~~:JBJEC:; ,(l ALL THE
':':"Em'1S, EXCL:JS:':OXS F50 CGr\DI':I'OXS OF S:JCH [()L:C:::ES. AC:GRE(~A':'E L:::I'ET,o~ .c;H(y,:X HAY HAVE REE" RSDUCF.D BY FA:':[;' CLA:'::'1,s.
I~';; DD'L - PJ'M~~~~~81~~ P~!f:I~~~WN
". POlICY NUMBER LIMITS
B X ~NERAL LIABILITY 094612 207156.18 1/15/2010 1/15/2 011 [ACH OCCURRENCE . 1 OCO 000
COMII.ERCIAl GENERAL LIABILITY .'pRE:MSES Eaoccurercel $3 00 . ODD
- ~ CLAIMS MADE IX] OCCUR
- MED EXP (Anyone person) . 10 COO
- PERSONAl &ADV INJURY . 1 OCO 000
GENERAL AGGREGATE . 2 OCD ODD
~'~AGG~~~L1MIT APrlS PER PRODUCTS" COMPIOP AGG . 2 ODD ODD
POLICY I X ~~t?i LOC
e AUTOMOBILE LIABILITY 47 -8745::>4- 00 1/1S/2010 1/15/2011 COMBINED SINGLE LIMIT
(Eaaccidenl) . 1 000 ODD
JL ANY AUTO
- ALLOWNED AUTOS BODIL Y IN.IURY
{Per person) .
-- SCHEDULED AUTOS -~-~- _.~_.._"---,-
L HIRFO AUTOS BODILY INJURY
(Peraccldel1l) .
JL NON.OWNEDAUTOS
-- PROPERTY DAMAGE .
(Peraccidenl)
~~GE LIABILITY AUTO ONLY - EAACC DENT . ----~-~_.-
-~---~----
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY AGG ,
:J~SSlUMBRELL"-~lABllITY EACH OCCURRENCE ,
---- OCCUR 0 CLAIMS MAnE ACGREGATE ,
.._,-
~--_.- -'-
==1 ~EDUCTIBLE ,
RETENTION . .
A WORKERS COftFENSATION AND 001 weD 9A. 57765 4/14/2009 14/14/2010 X I TVX~~T~JI~~ I IOJ~ --
EMPLOYERS' LIABilITY
ANY PROPRIETORIPARTNERlEXECUTIVE E.L.EACHACCIDENT . 1 000 000
OFFICER/MEMBER EXCLUDED? EL DISEASE -EAEMPLOYE[ . 1 ODD ODD
~~~ ~OL~~~~~~~NS below EL. DISEASE -POLlCYLIMIT . 1 000 ODD
OTHER
DESCRIFTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
"Ten Qay nO:::lee of canceL_a:::cr: aDDl:es In ::1,12 Event ot C2,nCElla:::lcn fOl- nonpa'l'nenc ct CHoT,:urr,. Gene:::al Llab:
'olley lnClUCles j',ddi:::onal InsL:.l"ed status, :llcLuCllng CCITcple:: ed C;::e:::aticns, cn a :?l-irr_a:::y arid :\on - Con::::: ibU::O:::y '.,'hen
requ::'J:eCi by Vll'ltten contract pel' policy fonf. 35373 ~"'orkeL3 ' ccrr,pensation policy =-ncl~des " bl3.nke:: 'i;a: vel: of
sut'l'ogat len '.,'hen l'equi1"ed by WTJ. :-,,-,pn rent. Tact "'XF,r:ut.ed Pl-, ell' ,- dace of :n]lHY.
1-'RCJECT: J..l.L CG:J"TY E,J:::L;::::':XGS ::1'.2 lnSUrance CQVelo.<::re illu:3tlated '.,'i U-;i n ::l:is docurt.enc ~J apoLea::'le -- ct_l vlo::::kp1.01oe
loc:a7,.:_ons 'Of ::1'.12 !\arre::l :nsul-eCl, sUbJect co all 0::J1.e1- ::e:::rr.D, 'L.Clldl':10115 c:.l1d llrr.l':a':.lC;]1S ot ::1,-"" !L'O~lCI.
CERTIFICATE HOLDER
CANCELLATION
collier counly Board of
33Dl :'arr,iami Trail EasL
Naples FL 33962 4977
SHO'J:"D A'.:JY Ut ,,-'HE AEOVE l::ESCTEBED Fr)LlI~IES EE Ck'\CELLEf;-
County C:)mm i SE;ior.ers ;~~~E~xi'~~v~~t' ~~~;:~~~I~ ~~';E [;~~~R~~~~T~~E :;~~~~~K~() I~_~~RER
CER,TF:':CA':'E HOLDER ~;J.J.1FT) ~() T:-fE LEFT, E,)T FA:::L~JRE TO DC SG
DHAl;L nlFOSE :';C OELIGAc-:':OX OR L:':AD:':L:::TY UF M;Y KI",C' iJPGN"
':':"HE I::--JSiJRER I':S AGENTS OR REPRF:SENTAT:::VES.
AUTHORIlEDREPRESENTAnV~E . .....' /.
. ;...-- ",,~
,
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
From:Brenda L. Baty GIG, GISR FaxlD"
Page2of2
Date:01/1312010 04:06 PM Page:2 of2
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 (2001108)