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#10-5409 (WellMasters, Inc.) A G R E E MEN T 10-5409 for Annual Contract for Well Drillina. Testina & Maintenance Services THIS AGREEMENT is made and entered into this 14th day of, September, 2010, 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" and WellMasters, Inc., authorized to do business in the State of Florida, whose business address is 1635 Industrial Park Road, Mulberry, Florida 33860 (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 September 14,2010, and terminating September 13, 2012, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. 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 six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for one or more of the following Categories: Category 1-Construction and Testing of Production Wells Less than 200 Feet in Depth; Category 2- Testing of Production Wells Greater than 200 Feet in Depth; Category 3- Testing of Aquifer Storage and Recovery (ASR) Wells; Category 4-Maintenance and Testing of ASR and Injection Disposal Wells; Category 5-Maintenace and Testing of Existing Production Wells and Facilities; Category 6- Maintenance and Testing of Existing ASR and Injection Disposal Wells; and Category 7- Construction of Monitoring Wells, on an as-needed basis as may be required by the County in accordance with the terms and conditions of RFP #10-5409 Annual Contract for Well Drilling, Testing & Maintenance Services 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 County pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. WellMasters, Inc., has been awarded a contract in the following categories: Category 1-Construction and Testing of Production Wells Less than 200 Feet in Depth Category 2- Testing of Production Wells Greater than 200 Feet in Depth Category 5-Maintenance and Testing of Existing Production Wells and Facilities Category 6-Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7-Construction of Monitoring Wells Prior to the issuance of a Work Order, the County shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Page -1- Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the County shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the County 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: The County 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. 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: WellMasters, Inc. 1635 Industrial Park Rd. Mulberry, FL 33860 Phone: (863) 425-0275; Fax: (863) 425-0049 E-mail: idsullivan2@verizon.net Attention: J.D. Sullivan, Vice President 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: Page -2- Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, FL 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. County 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 seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page -3- 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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-Countyship. 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 ten (10) 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 maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 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 County, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the 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 Page -4- 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 County'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 County 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". 14. PAYMENTS WITHHELD. County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County'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, County may, after three (3) days written notice, rectify the same at Contractor's expense. County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by County in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of County'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 Page -5- shall notify the County 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 County 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 County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against County 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. County 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 County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of County is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and County 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 County and Contractor shall mutually agree. 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 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 County 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 County. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. 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 County. 21. WARRANTY. Contractor shall obtain and assign to County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures Page -6- to be incorporated into the Project. Contractor warrants to County 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 County 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 County. 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 County 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, 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 County 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 County. 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 County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by County associated therewith. Page -7- 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by County) is ready for its intended use, Contractor shall notify County in writing that the entire Work (or such designated portion) is substantially complete and request that County issue a Certificate of Substantial Completion. Within a reasonable time thereafter, County and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If County does not consider the Work (or designated portion) substantially complete, the County shall notify Contractor in writing giving the reasons therefor. If County considers the Work (or designated portion) substantially complete, County shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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. County shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but County 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, County will make such inspection and, if County finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, 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) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by County, 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 County. County reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the County is completely satisfied, the final payment shall not become due and payable. Page -8- 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the County. 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 County when construction is sufficiently complete, in accordance with the Contract Documents, so County 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 County within the time specified in the Request for Quotation. County and Contractor recognize that since time is of the essence for any work under this Agreement, County 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, County 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 County issues a Certificate of Substantial Completion 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 County'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 Public Utilities Engineering 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, Insurance Certificate, RFP No. 10-5409, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 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. Page -9- 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. 35.0FFER 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. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. Page -10- 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: .' ..... . e.'~tP..,.," DWi9ht~~~9~'~:~l~~~f,pourts .:0<) '1 .. .,'~~' By::)' ';. "L .. : ~ ~:":', . Dated~. :-- ~l , ':p' ".<';' ; ($f' .'. .~.. ..tiI~e~~. .... .... .,.,~ ~._...;~U'j;' Type/Print Witness Name Approved as to form and ':5:H2L l Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-w. ~ Fred W. Coyle, Chairman By: Signature .:J.j), Suitt vAN Typed Signature \J . P. OPE:'~f~r(OUS Title Page -11- EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 10-5409 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 bind 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 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, the above parties have executed this instrument this day of , 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -12- 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 of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced 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 Page -13- 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 , 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.: Page -14- EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 10-5409 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. Page -15- 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: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 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 , 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.: Page -17- COUNTY OF COLLIER ) STATE OF FLORI DA ) 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 County, dated 200_ 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 County 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 County from all demands or suits, actions, claims of liens or other charges filed or asserted against the County arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No, CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -18- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the COUNTY) or Collier County Water-Sewer District (the COUNTY) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. 10-5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ 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 COUNTY 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 COUNTY at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to COUNTY); (3) all amounts have been paid for work which previous payments were issued and received from the COUNTY and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By COUNTY'S Project Manager: Page -19- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. TO: CONTRACT NO.1 0-5409 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: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -20- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION COUNTY'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21- The responsibilities between COUNTY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: COUNTY: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title COUNTY accepts this Certificate of Substantial Completion on ,20_ COUNTY By: Type Name and Title Page -22- , EXHIBIT F CERTIFICATE OF FINAL COMPLETION COUNTY'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -23- The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title COUNTY accepts this Certificate of Final Completion on 20 COUNTY By: Type Name and Title Page -24- EXHIBIT G WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25- RECEIVED From:Sherry Mciver FaxID:863-967-7592 07/23/2010 11:38 8534250049 Page 1 of2 WELLMASTERS Date:07123/10 12:39 PM Page:1 of2 ~~ PRODUCER CERTIFICATE OF LIABILITY INSURANCE r DATE (MMlDDNYVY) OP 10 SM WELL-OS 07/23/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MUlling Insurance Agency, Inc. POBox 308 208 E Park street Auburndale FL 33823-0308 Phone:863-967-4454 Fax:863-967-7592 INSURERS AFFORDING COVERAGE soutbem OWners Insurance Co. NAlC # 09703 10190 10998 INSURED Auto-owners Insurance Co. WellMasters, Inc. J.D and Barbara Sullivan 163S Industrial Park Rd. MUlberry FL 33860 I COVERAGES INSURER A INSURER B INSURER C INSURER D INSURER E Michigan C~.rc1al Ins Mutual THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOIWITHSTANDING 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 LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNYVY) DATE (MMlDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I-- 10/17/09 10/17/10 B X COMMERCiAl GENERAl LIABILITY 72389307 PREMISES (Ea occurence) $ 300000 - o CLAIMS MADE [!] OCCUR - MED EXP (Anyone person) $ 10000 B ~ CG Plus End PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2000000 I POLICY n j~& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A ~ ANY AUTO 4699321400 10/17/09 10/17/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - A ~ HIRED AUTOS 4699321400 10/17/09 10/17/10 BODILY INJURY 10/17/09 10/17/10 (Per aCCident) $ A ~ NON-OWNED AUTOS 4699321400 - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER TI-WJ EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $2000000 A ~ OCCUR D CLAIMS MADE 4699321401 10/17/09 10/17/10 AGGREGATE $2000000 pR/co Ops $ 2000000 8 DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSAllON X IT~~\t:~I'fs I IUER- AND EMPLOYERS' LIABILITY Y/N C ANY PROPRIETOR/PARTNERIEXECUTIVE D WC10000129482009A 01/01/10 01/01/11 E L. EACH ACCIDENT $ 1000000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL DISEASE - EA EMPLOYEE $ 1000000 If yes. deSCribe under EL DISEASE - POLICY LIMIT $ 1000000 SPECiAl PROVISIONS below OTHER B Equipment Floater 72389307 10/17/09 10/17/10 Rent/leas 50000 Ded 1000 DESCRlPTlON OF OPERAllONS J LOCAllONS J VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS PC-Contractors pe:r:manent *30 days notice of cancellation except 10 days for non-payment of premium. Collier County is listed as additional insured with respects to the General Liabili ty . CERTIFICATE HOLDER CANCELLATION Collier County 3301 Tamiami Trail ales FL 34112 ACORD 25 (2009/01) East SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAllON COLLCOU DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOllCE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGAllON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ITEM NO.: DATE Ur-J--K,,!c< Ui- I HE. RECeG(~y ~4 TTORNEY lGIDOCT-1 AM In: ':II i "' v I FILE NO.: / (j- /12(: ~O /7/ ff ROUTED TO: Date: September 28, 2010 ~IL---\.- ) DO NOT WRITE ABOVE THIS LINE - 'vtfr: '1' /' o \ d \ ~ cV' ~L- ~ ~ ~-r-' ~Jl1 ] Dl '1) I D REQUEST FOR LEGAL SERVICES To: Office of the County Attorney Attention: Jeff Klatzkow From: Diana De Leon, Contract Technician Purchasing Department, Extension 8375 Re: Contract: #10-5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractors: All Webbs Diversified Drilling LaBelle Well Drilling VWellMasters Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2010; Agenda Item 16.CA This item has not been submitted. ~ ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Pam Libby, Water ~ \~\~\O RLS# lO?Q..C_ 01(18 CHECKLIST FOR REVIEWING CONTRACTS lJ 1eU fY'C!S-te is I No No No No Exp. Date .., \ "f \ 0 EXP'Date~~ Exp. Date. I( I I Exp. Date Exp. Date Exp Date ~ D Exp Date ~\ \ Exp Date ) I Exp Date \O\t~bD U I I o Entity Name: rc. / /; -g ~ ~ Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products/Compl/Op Required $ \ ~ \. \ \ Personal & Advert Required $ Each Occurrence Required $ \ (Y'\ \ ~ \ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Workers Compensation . Each accident Required $ \ '(Y'I\ \ { Disease Aggregate Required $ k:: -l-- Disease Each Empl Required $ S~ Umbrella Liability Each Occurrence Provided $ <J.. en, \ I Aggregate Provided $ t'f I I Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance ---'- Each Occur Type:~1 Required$--e- County required to be n~e~~l insured? ~ County named as additional insured? Provided $ 2 (Y\ \ \ \ Provided $ r ( I J Provided $ \ yY\ \' \ l Provided $ t ( J I Provided $ ~ L r:::5bo Lrovided $ \ ffi l' \ \ Prov~ded$ \m\\\- ProvIded $ J..-ll I I Provided $ _ Exp Date Exp Date Yes No No Exp. Date Exp. Date Provided $ 50 L ~ 0s No Yes ~ Yes No Yes No Yes No ~s No ~;~ ~~ ~ No - - es No 's No Yes _No ~ Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? EXPD'te40 liD No No ReVie~~ Initials:5~iIl () Date: 04-COA:-OIO 0/2 2 wv-rw.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search Events Name Historv Detail by Entity Name Florida Profit Corporation WELLMASTERS, INC, Filing Information Document Number P06000116981 FEI/EIN Number 870782801 Date Filed 09/11/2006 State FL Status ACTIVE Last Event AMENDMENT AND NAME CHANGE Event Date Filed 09/18/2006 Event Effective Date NONE Principal Address 1635 INDUSTRIAL PARK ROAD MULBERRY FL33860 US Mailing Address 1635 INDUSTRIAL PARK ROAD MULBERRY FL 33860 US Registered Agent Name & Address SULLIVAN, JOHN 0 1635 INDUSTRIAL PARK ROAD MULBERRY FL 33860 US Officer/Director Detail Name & Address Title PRES SULLIVAN, BARBARA J 1635 INDUSTRIAL PARK DR. MULBE~Yrt-33860OS-_.... .,<' " ""-.....,~ Title VP SULLIVAN, JOHN 0 1635 INDUSTRIAL PARK DR. MULBERRY FL 33860 US Annual Reports Report Year Filed bate 2008 04/28/2008 2009 04/30/2009 ., \ http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=P06000 1169... 7/21/2010 www.sunbiz.org - Department of State Page 2 of2 2010 02/17/2010 Document Images 02/17/2010 -- ANNUAL REPORT 04/30/2009 -- ANNUAL REPORT 04/28/2008 -- ANNUAL REPORT 03/23/2007 -- ANNUAL REPORT 09/18/2006 -- Amendment and Name Chanae 09/11/2006 -- Domestic Profit Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List IEntity Name Search Events Name HistolV I Home I Contact us I Document Searches I E-Filinq Services I Forms I Help I Copyriqht@ and Privacy Policies State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number= P06000 1169... 7/2112010 HerreraSandra From: Sent: To: Subject: DeLeonDiana Friday, October 01, 2010 3:47 PM HerreraSand ra RE: Annual Contract for Well Drilling contractors: Well Masters Sandra, I called WeIlMasters... yes, it is one and the same. DO From: HerreraSandra Sent: Friday, October 01, 2010 3:37 PM To: DeLeon Diana Subject: Annual Contract for Well Drilling contractors: WellMasters << File: Opened RLS Annual Contract for Well Drilling_ Contractors Wellmasters.pdf>> Please confirm whether John D. Sullivan, as it appears in Fla. Dept. of State, is the same as J.D. Sullivan, the person who signed the agreement. Thanks. Sandra Herrera, Certified Paralegal Office of the County Attorney 3301 Tamiami Trail East, 8th Floor Naples, Florida 34112-4902 Phone: (239) 252-8400 Facsimile: (239) 252-6300 Sandraherrera@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician Purchasing Department A; c/ jXl (J;'..-- DATE: September 28,2010 RE: Review of Insurance for Contract: #10-5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractors: All Webbs Diversified Drilling LaBelle Well Drilling J Well Masters Southeast Drilling Youngquist Bros. ~ This Contract was approved by the BCC on September 28, 2010; Agenda Item 16.C.4 Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8375. MY! IE!1WD SEP 2 9 2010 RISK tWtMiEMENT dod C: Pam Libby, Water mausen_~ From: Sent: To: Cc: Subject: RaymondCarter Thursday, September 30,20102:19 PM DeLeonDiana libbLP; mausen_g; HerreraSandra Contract 10-5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" All, I have approved the certificate(s) of insurance provided for contract 10-5409 for the following vendors: 1. All Webbs 2. Diversified DrilljPg 3. WellMasters .;/ 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, 1la.g. Ca.rd.eh. Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1