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Backup Documents 09/28/2010 Item #16C 4
16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: Diversified Drilling Corporation Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: FILE NO.: I ° ROUTED TO: 16C4 6 � `t ED: 101a�,'r)31 DO NOT WRITE ABOVE THIS LINE v S REQUEST FOR LEGAL SERVICES Date: September 28, 2010 n v To: Office of the Count Attorney Y Attention: Jeff Klatzkow 1� From: Diana De Leon r Con tact 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 WellMasters Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2010; Agenda Item 16.C.4 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 RECEIVED OCT 05 2010 Board of County Corrmrssioners 16C4 CHECKLIST FOR REVIEWING CONTRACTS���el �` I Entity Name: � (' `► Fp'C on Entity name correct on contract? No Entity registered with FL Sec. of State? Yes No 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 $ \�M l 1 Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $� Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability (/ es No es No Ye No es No Provided $ 1� Provided $ Provided CI—Mi.-�L Provided $ �to ,���� Provided $_�1� L- Provided $� Provided $ jT Provided $ Provided $ Each Occurrence Provided $ i\l Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ it t t underinsured portion? Provided $_ Provided $ Required $ County required to be named as additional insured? County named as additional insured? 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? Exp. Date Exp. Date Exp. Date / Exp. Date Exp. Date Exp Date Exp Date t Exp Date I l Exp Date Exp Date q 1 Exp Date I t t Yes No Exp. Date Exp. Date Provided $ Exp Date Yes No Yes No V Yes No Yes Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? _ 1/1Qes No Correct title of executor ? es No Executor authorized to sign for entity? des No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? No Clerk's attestation signature block? Y No County Attorney's signature block? es No Attachments Are all required attachments included? Yes No Reviewer Initials: Date: 04-CO -0 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician Purchasing Department 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 WellMasters 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. ... C: Pam Libby, Water DATE REEEjft SEP 2 9 2010 16 C4 16C4 mausen_g From: RaymondCarter Sent: Thursday, September 30, 2010 2:19 PM To: DeLeonDiana Cc: libby_p; mausen _g; HerreraSandra Subject: 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 Drilling 3. WellMasters 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, tal"aa 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 UNANIMOUS WRITTEN CONSENT IN LIEU OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF 16C4 DIVERSIFIED DRILLING CORPORATION The undersigned, constituting all the members of the board of directors (the "Board ") of Diversified Drilling Corporation, a Florida Corporation (the "Corporation "), in lieu of holding the Annual Meeting of the Board, take the following action and adopt the following resolution by unanimous written consent pursuant to the bylaws of the Corporation and Section 607.0821, Florida Statutes: RESOLVED, that the following named persons are hereby nominated, elected and confirmed as the officers of the Corporation to serve in the offices shown opposite their name until?the next annual meeting of the Board of Directors and their successors shall have been duly elected and qualified: EDWIN W. FINCH, III JESSE L. ROYALL JR. C.W. `Bill' MUSSELWHITE JANET P. HAMM SHELLEY Z. OLIVER REGINA S. WOODS PRESIDENT VICE PRESIDENT VICE PRESIDENT TREASURER / CHIEF FINANCIAL OFFICER SECRETARY ASSISTANT SECRETARY WHEREAS, it is necessary for certain management personnel to execute well construction documents, including proposal bid forms, bonds, contracts, payrolls, claims, change orders, applications for payment, work change order directives and all other papers directly relating to well construction contracting; WHEREAS, the Corporation desires to give the officers of the Corporation the authority to sign such documents; THEREFORE BE IT RESOLVED, the President, Any Vice President and the Chief Financial Officer are hereby granted the authority to sign such documents in the amounts as shown below. President — Unlimited Amount With Letter from the President — Any Vice President and the Chief Financial Officer — Amounts Over $1,000,000.00 in the Amount As Stipulated. Any Vice President and the Chief Financial Officer on his own authority — Up to $1,000,000.00 RESOLVED, that this Consent may be executed in one or more counterparts (whether by facsimile or otherwise), all of which together constitute the original and no one of which need bear all ori&W signatures of the Directors. IN WITNESS WHEREOF, the undersigned have executed this JW Edwin W. Finch, III, Director Charles S. Verdery, Director Bob A. Matthews, Director day of February 2010. Unanimous Written Consent In Lieu Of The Annual Meeting Of The Board Of Directors Of DIVERSIFIED DRILLING CORPORATION Dated 01/01/2010 Page 1 of 1 Home Contact Us _ist Next on List E- Filing Services No Name History Detail by Entity Name Florida Profit Corporation DIVERSIFIED DRILLING CORPORATION Filinq Information Document Number 515779 FEI /EIN Number 591688848 Date Filed 09/29/1976 State FL Status ACTIVE Last Event MERGER Event Date Filed 11/14/2001 Event Effective Date 11/15/2001 Principal Address 8801 MAISLIN DRIVE TAMPA FL 33637 -6706 US Changed 02/04/2005 Mailing Address 8801 MAISLIN DRIVE TAMPA FL 33637 -6706 US Changed 02/04/2005 Registered Agent Name & Address FINCH, III, EDWIN W PRES. 8801 MAISLIN DRIVE TAMPA FL 33637 US Name Changed: 04/20/2007 Address Changed: 02/04/2005 Officer /Director Detail Name & Address Title S OLIVER, SHELLEY Z 8801 MAISLIN DRIVE TAMPA FL 33637 Title PD Document Searches Forms Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_ number =515779 &inq_came_from= NAMFWD... FINCH, EDWIN W III 600 TWENTIETH ST. N, #350 BIRMINGHAM AL 35203 Title D MATTHEWS, BOB A 18570 COUNCIL CREST DRIVE ODESSA FL 33556 Title VP ROYALL, JESSE L PE 8801 MAISLIN DRIVE TAMPA FL 33637 Title VP MUSSELWHITE, CHARLES W 8801 MAISLIN DRIVE TAMPA FL 33637 Title T HAMM, JANET P 8801 MAISLIN DRIVE TAMPA FL 33637 Annual Reports Report Year Filed Date 2008 04/30/2008 2009 02/19/2009 2010 02/03/2010 Document Images 16C4 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc—number--515779&inq_came—from=NAMFW'D ANNUAL REPORT View image in PDF format --ANNUAL REPORT View image in PDF format ANNUAL REPORT View image in PDF format ANNUAL REPORT L View image in PDF format LC _;ANNUAL REPORT View image in PDF format ANNUAL REPORT View image in PDF format ANNUAL REPORT View image in PDF format ANNUAL REPORT f View image in PDF format j J ANNUAL REPORT f View image in PDF format 1::3:27 -2002 ANNUAL REPORT View image in PDF format i ',4,20t� Mercier View image in PDF format j -5;23220C.,, --ANNUAL REPORT f View image in PDF format )/2M-'() Mercier View image in PDF Format ANNUAL REPORT View image in PDF format 9 3` zwi --ANNUAL REPORT f View image in PDF format ANNUAL REPORT f View image in PDF format 16C4 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc—number--515779&inq_came—from=NAMFW'D 09! 9'D7 _- ANNUAL REPORT View image in PDF format 99 - ANNUAL REPORT f View image in PDF format 19.45 - ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Next on List Return To List No Name History Hom., I Contact us I DOCUm:Pnt Searches I c- Filinq Services I Forms i Help Copv-ight!t:: and Privacy Policies State of Florida, Department of State 16C4 Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= 515779 &inq_came_ from= NAMFWD... A G RE E MEN T 10-5409 1 &C 4 for Annual Contract for Well Drilling, Testing & 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 Diversified Drilling Corporation, authorized to do business in the State of Florida, whose business address is 8801 Maislin Drive, Tampa, Florida 33637 -6706 (hereinafter referred to as the "Contractor "). WITNESSETH: 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. Diversified Drilling Corporation, 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- 16C4 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: Diversified Drilling Corporation 5620 Lee Street Lehigh Acres, FL 33971 Phone: (239) 368 -6404; Fax: (239) 368 -6716 E -mail: bmusselwhite(a�wellwater.com Attention: C.W. (Bill) Musselwhite 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- 16C4 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- 16C4 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 Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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- 16C4 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- 16C4 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 I 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- 16C4 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- 16C4 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 punchlist 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 punchlist. 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- 16C4 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 Quotation/Work 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- 16 C 4 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. Page -10- 16C4 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: Dwight E B o, k, Clerk of Courts Dated _:7 as: Julie Frame Type /Print Witness Name SiAbond Witness Jamie Amador Type /Print Witness Name Approved as to form and le cy- Scott Teac Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "� W. By: Fred W. Coyle, Chairman Diversified Drilling Corpo C.W. "Bill" Musselwhite Typed Signature Vice President Page -11- Title EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, an 16 C4 Bond No. Contract No. 10 -5409 as 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. 41 Page -12- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16 C 4 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: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 by as of Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- 16C4 He /She is personally known who did (did not) take an EXHIBIT A -2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and executors, 16 C4 Bond No. Contract No. 10 -5409 as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20 Oblige for day of ourselves, our heirs, 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- 16C4 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of _ 20 , as of ,a He /She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) corporation, on (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- behalf of the corporation. as identification and 16C4 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact Witnesses (Attach Power of Attorney) (Business Address) (Printed Name) STATE OF (Telephone Number) COUNTY OF The foregoing instrument was acknowledged before me this day of 20 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and 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 STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by day of 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. [Corporate Seal] My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) 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: 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 $ Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: 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: Project Name) 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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 20 CONTRACT NO. 10 -5409 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: 120 CONTRACTOR: By: By: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16 C4 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- 16C4 The responsibilities between COUNTY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: COUNTY: CONTRACTOR: Fhe 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 Type Name and Title Page -22- 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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: Executed by Design Professional on EXHIBIT G Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Final Completion on 20 COUNTY Type Name and Title Page -24- 20 16 C4 16C4 EXHIBIT G WARRANTY In consideration of ten 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- _ 16C4 A °® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 08,0 /2 0 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Alabama, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Diversified Drilling Corporation 8801 Tampa, F L Mais 33637 lin Drive Tampa INSURERA:Hartford Accident & Indemnity Company 22357 -001 INSURERB:Hartford Underwriters Insurance Company 30104 -001 INSURERC: Hartford Casualty Insurance Company 29424 -001 INSURER D: A INSURER E: GENERAL LIABILITY CnVFRA(ZFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRE TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE DATE (MWDDrrrM POLICY EXPIRATION DATE MMID LIMITS A X GENERAL LIABILITY 22UUVUB9275 4/9/2010 4/9/2011 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence I $ 300,000 CLAIMSMADE EXI OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 POLICY X PR LOC B AUTOMOBILE X LIABILITY ANY AUTO 22UEVUD0584 4/9/2010 4/9/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ ri GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG C EXCESS I UMBRELLA LIABILITY 22RHVTB1871 4/9/2010 4/9/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 51000,000 X OCCUR F-1 CLAIMS MADE $ H DEDUCTIBLE $ X RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Contract 10 -5409 Annual Contract for Well Drilling, Testing & Maintenance Services It is agreed that BOCC of Collier County, Florida; A Political Subdivision is included as an Additional Insured as respects to General Liability if required by written contract. CFRTIFICATF I-Inl nFR CANCFI I ATInW ,,, 11l,UKL1 La ILUUa/UTJ Coll:3Utl7LUO - ipi:iU73iuz Cert:1j14tl93 91955 -ZUU9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN BOCC of Collier County, Florida; NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL A Political Subdivision Attn: Stephen Y Carnell, Purchasing/ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR General Services Director REPRESENTATIVES. A T E EP SENT IVE 3301 East Tamiami Trail, Bldg G, Purchasing Dept Naples, FL 34112 11l,UKL1 La ILUUa/UTJ Coll:3Utl7LUO - ipi:iU73iuz Cert:1j14tl93 91955 -ZUU9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 IMPORTANT 16C4 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 This Certificate of Insurance 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 (2009/01) Co11:3087205 Tp1:1073182 Cert:14524893 16C4 A`� °® CERTIFICATE OF LIABILITY INSURANCE 8/3/2010 ) PRODUCER (863) 646 -3332 FAX: (863) 646 -5004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Advanced Comp ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2525 Drane Field Road, Ste . 3 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lakeland FL 33811 INSURED Diversified Drilling Corp 8801 Maislin Drive INSURERS AFFORDING COVERAGE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAIC # INSURER A: FOCI — T70 INSURER a: POLICY NUMBER POLICY EFFECTIVE INSURER C: LIMITS LIABILITY INSURER D: Tampa FL 33637 INSURER E: rnVFRArFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OISUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR WDD'� R - - N POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABILITY EACH OCCURRENCE $ _GENERAL GENERAL DAMAGE TO I IzU PREMISES EaEoccurrence _ $ COMMERCIAL LIABILITY �] _ CLAIMS MADE OCCUR MED EXP (Any one person) $_ PERSONAL & ADV INJURY GENERAL AGGREGATE i$ PRODUCTS - COMP /OP AGG $ N'L AGGREGATE LIMIT APP_ LIES PER: - r " POLICY PRO- jFrT LOC �- AUTOMOBILE LIABILITY 1. COMBINED SINGLE LIMIT $ '- ANY AUTO (Ea accident) BODILY INJURY ALL OWNED AUTOS L- _ , SCHEDULED AUTOS (Per person) $ - -- HIRED AUTOS BODILY INJURY � $ NON -OWNED AUTOS (Per accident) — PROPERTY DAMAGE $ (Per accident) G_ ARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/ UMBRELLA LIABILITY !, EACH OCCURRENCE $ _ _.. OCCUR CLAIMS MADE AGGREGATE$ -i --- $ - - -. -- - - -- $ ' _DEDUCTIBLE -- - _ -- $ RETENTION $ A WORKERS COMPENSATION X WCSTATU- 1 OTH- TORY LIMITS I AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT Is 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) 001 -WC10A -64064 4/1/2010 4/1/2011 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Contract 10 -5409 Annual Contract for Well Drilling, Testing & Maintenance Services rFRTIFIrATF I-IAI nFR CANCELLATION ACORD 25 (2009/01) W 19SS -2UU9 AGUKD COKPUKATION. All rignts reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BOCC of Collier County, Florida; DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN A Political Subdivision Attn: Stephen Carnell /Purchasing NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 East Tamlaml Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Building G, Purchasing Dept REPRESENTATIVES. AUTHORIZED REPRESENTATIVE l Fielding Dickey /JODY Naples, FL 34112 ACORD 25 (2009/01) W 19SS -2UU9 AGUKD COKPUKATION. All rignts reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD 16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: All Webbs Enterprises, Inc. Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment 16C4 ITEM NO.: ail iEIVED: FILE NO.: /��: �� /� � � S�P 31 AM 0 vt ROUTEDZ. If DO NOT WRITE ABOVE THIS LINE V REQUEST FOR LEGAL SERVICES LY Date: September 28, 2010 �✓ C� b To: Office of the County Attorney Attention: Jeff Klatzkow From: Diana De Leon, Contract Technician d VV Purchasing Department, Extension 8375 l Re: Contract: #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractors: VAII Webbs Diversified Drilling LaBelle Well Drilling WellMasters Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2010; Agenda Item 16.C.4 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 kn�S 411, RECEIVED OCT 0 h 2010 Board of County Commissioners 16C4 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician Purchasing Department 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 WellMasters Southeast Drilling Youngquist Bros. DATE RECEIVED SEP 2 9 2010 RISK NWORM 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. r r:.:i C: Pam Libby, Water 16C4 mausen_g From: RaymondCarter Sent: Thursday, September 30, 2010 2:19 PM To: DeLeonDiana Cc: libby_p; mausen_g; HerreraSandra Subject: Contract 10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" All, I have approved th certificate(s) of insurance provided for contract 10 -5409 for the following vendors: 1. All Webbs 2. Diversified Drilling 3. WellMasters 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, a 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 'www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation ALL WEBBS ENTERPRISES, INC. Filing Information Document Number G53896 FEI /EIN Number 592418764 Date Filed 08/11/1983 State FL Status ACTIVE Principal Address 309 COMMERCE WAY JUPITER FL 33458 Changed 03/11/1988 Mailing Address 309 COMMERCE WAY JUPITER FL 33458 Changed 03/11/1988 Registered Agent Name & Address WEBB, DAVID W. 902 DOLPHIN DRIVE JUPITER FL 33458 Name Changed: 06/29/1984 Address Changed: 02/07/1991 Officer /Director Detail Name & Address Title P WEBB, DAVID W. 902 DOLPHIN DRIVE JUPITER FL 33458 US Title ST WEBB, DEBORAH C. 902 DOLPHIN DRIVE JUPITER FL 33458 US Title VP WEBB, DAVID W. JR 2961 E. COMMUNITY DRIVE 6P� l� of 2 4 Document Searches Forms Help Entity Name Search Submit http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= G53896 &in... 7/21/2010 • www.sunbiz.org - Department of State l 6aG 4f 2 JUPITER FL 33458 US Annual Reports Report Year Filed Date 2008 01/25/2008 2009 04/16/2009 2010 02/16/2010 Document Images 05/06/1999 -- ANNUAL REPORT 04/08/1998 -- ANNUAL REPORT 04/09/1997 -- ANNUAL REPORT View image in PDF format 02/07/1996 -- ANNUAL REPORT View ir�age in PbF format 01/20/1995 -- ANNUAL REPORT Viewlimage in.PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit I Home I Contact us I Document Searches I E- Filino Services I Forms I Help Copvrioht© and Privacv Policies State of Florida, Department of State http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= G53896 &in... 7/21/2010 LL RLS # ?ZO. (11L§ - CHECKLIST FOR REVIEWING CONTRACTS Entity Name: P IP) be. r. C1Dr L �e 5 - -1--o% Entity name correct on contract? 1, Yes No Entity registered with FL Sec. of State? es No 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 $ m Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 5 uo Workers Compensation Each accident Required $� Disease Aggregate Required $ Disease Each Empl Required $ 71 Umbrella Liability s No �s No No Yes No Provided $ � ` Provided $ Provided $ `rn; \ Provided Provided $ —z Provided $ Provided $ Provided $ Provided $ —� Each Occurrence Provided $ 10' mi \ Exp Date �, 2 D Aggregate Provided $ 1 i I i Exp Date t t i / Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance 41�10 Each Occur Type:�k XWi �1ORequired $ Provided $ Exp Date County required to be named as additions insured? No County named as additional insured? Yes No Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Exp Date Z Exp Date Exp Date ! Exp Date 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? Yes Yes No Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? )�Es No Correct title of executor? (/ es No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? s No County Attorney's signature block? Yes No Attachments Are all required attachments included? JZYes No Reviewer Initials: / }1 Date: U 04 -COA- 220/ 22 16C4 A G RE E MEN T 10-5409 for Annual Contract for Well Drilling, Testing & 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 All Webbs Enterprises, Inc. (AWE), authorized to do business in the State of Florida, whose business address is 309 Commerce Way, Jupiter, Florida 33458 (hereinafter referred to as the "Contractor "). WITNESSETH: 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. All Webbs Enterprises, 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 3— Testing of Aquifer Storage and Recovery (ASR) Wells Category 4— Maintenance and Testing of ASR and Injection Disposal Wells 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 Page -1- 16C4 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 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: All Webbs Enterprises, Inc. (AWE) 309 Commerce Way Jupiter, FL 33458 Phone: (561) 746 -2079; Fax: (561) 746 -4199 E -mail: allwebbsCa-)allwebbs.com Attention: David W. Webb 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- 16C4 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- 16 Goa 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 Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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- 16C4 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- 16 C4 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- 16C4 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. 26 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. 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 punchlist 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 punchlist. 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- 16C4 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 Quotation/Work 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- 16C4 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. Page -10- 16C4 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: Dwight E. Brock, CIrk.gf Qourts By. 1 .ia F` J ~�� C • Dated: Ji III `• - t , First Witness L W—elk Type /Print Witness Name Second Witness /IV/ I a Au f 0/ Type /Print Witness Name Approved as to and le s ffi ien y: '�'V Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. W. Fred W. Coyle, Chairman All Webbs Enterprises, Inc. C actor By: Signature 1r, Typed Signature ro V `ca- ���st 4'y'�4 Title Page -11- EXHIBIT A 16C4 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 day of 20_, with Oblige for 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 body. 20 , the name of under - signed representative, pursuant to authority of its governing Page -12- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: — Name: Its: 16C4 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: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) E Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- 16C4 He /She is personally known who did (did not) take an 16C4 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 bonc executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 Oblige for ourselves, our heirs, 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 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: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) / 1 � 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- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and 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. CV ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 20_, by of a President [Corporate Seal] day of as 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: NAME: (Signature of Notary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -18- 16C4 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: RE: Original Contract Time: Revised Contract Time: (Contractor's Representative) (Contractor's Name) (Contractor's Address) 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 Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: 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: (Project Name) 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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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. DATE: PROJECT NAME: PROJECT NO.: CONTRACT NO. 10 -5409 16C4 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: $ ($ 1 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: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16C4 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- 16C4 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 Design Professional Type Name and Title 20_ CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on ,20 COUNTY Type Name and Title Page -22- 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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: Executed by Design Professional on CVUImIT f% Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Final Completion on 20_ IS COUNTY Type Name and Title Page -24- 20_ 16C4 16C4 EXHIBIT G WARRANTY In consideration of ten 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- 16C4 ACORN CERTIFICATE OF LIABILITY INSURANCE `-� DATE (MM /DD/Y 7/28/2010 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT NAME: Weekes & Callaway, Inc. 3945 West Atlantic Avenue Delray Beach, FL 33445 -3902 EA /JC PHONE E, (561)278 -0448 p/C No: 1561)278 -2391 fA/C_ No E -MAIL ADDRESS: PRODUCER M INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Travelers Ind Co of America INSURERB:Travelers Pro Cas CO of 1/02/2009 All Enterprises, Inc. 309 Commerce Way Commerce INSURERC:FCCI Insurance Company $ 1,000,000 INSURER D: X COMMERCIAL GENERAL LIABILITY INSURER E: Jupiter FL 33458 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBRI WV POLICY NUMBER M POLICY EFF POLICY LIMITS GENERAL LIABILITY 0- 1735P699- TIA -09 1/02/2009 11/02/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A YOCCUR MED EXP Any one person) $ 10,000 CLAIMS -MADE PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2, 000, 000 POLICY X PRO- T LOC $ AUTOMOBILE LIABILITY - 1735P699- TIA -09 1/02/2009 1/02/2010 COMBINED SINGLE LIMIT X (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS • PROPERTY DAMAGE (Per accident) $ HIRED AUTOS • NON -OWNED AUTOS - $ X Comp. Ded $1,000 $ UMBRELLA LIAR X OCCUR UP- 173BP699- TIL -09 11/02/2009 1/02/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ B X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 01 -WC1OA -63415 1/08/2010 1/08/2011 WCSTATU- OT'_ T I Y YIN ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ 500,000 Mandatory in NH) I yes, er if d cribe und E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT Is 500,000 DESCRIPesTION OF OPERATIONS below A Installation Floater 0- 1735P699- TIA -09 11/02/200911/02 /2010 $500,000 Instllation Floater $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County is named as Additional Insured with respects to the General Liability when required by written contract with the Named Insured per the policy terms and conditions. *Ten (10) Day Notice of Cancellation applies in the event of non payment of premium.* Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 Af'nDn Oe )Annlnn� vein vr=w� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e McEwen , �G � ----I -- --- - - vTatsts -ZUUV ACUKU CORPORATION. All rights reserved. INS02512oo9o9i The ACORD name and logo are registered marks of ACORD 16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: WellMasters, Inc. Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.: % FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: September 28, 2010 To: Office of the County Attorney Attention: Jeff Klatzkow From: Diana De Leon, Contract Technician Purchasing Department, Extension 8375 16C4 ltl� DATE REC6(( A , TORND CiJ�J �U Y ,D�KI,D 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.C.4 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 16C4 RLS# CHECKLIST FOR REVIEWING CONTRACTS Entity Name: Entity name correct on contract? !/ No Entity registered with FL Sec. of State? Yes No Insurance Exp. Date ►jJ ► 1 Insurance Certificate attached? s Insured registered in Florida? Contract # & /or Project referenced on Certificate? Y -5 Certificate Holder name correct (BCC)? Yes Commercial General Liability General Aggregate Required $ Provided $ Products /Compl/Op Required $� Provided $ Personal & Advert Required $ Provided $ Each Occurrence Required $� Provided $ [ [ Fire /Prop Damage Required $ Provided $ Automobile Liability ��// Bodily Inj & Prop Required $� _I Provided $ Workers Compensation Each accident Required $ 1 Provided $ Disease Aggregate Required $ Disease Each Empl Required $ Provided $ Provided $ Umbrella Liability Each Occurrence Provided $�� Aggregate Provided $ !t Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance Each Occur Type: � Required County required to be named as additional insured? County named as additional insured? 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? No No No No �� Exp. Date Exp. Date 1 [ Exp. Date Exp. Date 1_� t Exp Date "� D Exp Date t X 1 Exp Date Exp Date Exp Date 1(� I () Exp Date t.t i [ Yes o Exp. Date Exp. Date Provided $ r (� �Y Yes Yes Yes // Exp Date l� O No No No 0 Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? s No Correct title of executor? e No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Ye No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? s No County Attorney's signature block? OYes No Attachments 5A, Are all required attachments included? Yes No Reviewer Initials: Date: 04- COA-OIO 0/2 2 Exp. Date ►jJ ► 1 Exp Date 1(� I () Exp Date t.t i [ Yes o Exp. Date Exp. Date Provided $ r (� �Y Yes Yes Yes // Exp Date l� O No No No 0 Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? s No Correct title of executor? e No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Ye No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? s No County Attorney's signature block? OYes No Attachments 5A, Are all required attachments included? Yes No Reviewer Initials: Date: 04- COA-OIO 0/2 2 w-,-rw.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History 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 FL 33860 US Mailing Address 1635 INDUSTRIAL PARK ROAD MULBERRY FL 33860 US Registered Agent Name & Address SULLIVAN, JOHN D 1635 INDUSTRIAL PARK ROAD MULBERRY FL 33860 US Officer /Director Detail Name & Address Title PRES SULLIVAN, BARBARA J 1635 INDUSTRIAL PARK DR. MULBERR7FE- W07J5-- Title VP SULLIVAN, JOHN D 1635 INDUSTRIAL PARK DR. MULBERRY FL 33860 US Annual Reports Report Year Filed Date 2008 04/28/2008 2009 04/30/2009 Document Searches jP& colu Forms Help Entity Name Search Submit http: / /www. sunbiz. org /scripts /cordet. exe? action= DETFIL &inq_doc_ number= PO6000 l 169... 7/21/2010 www.sunbiz.org - Department of State 2010 02/17/2010 Document Imaaes 02/17/2010 --ANNUAL REPORT View �mag;an PDF format 04/30/2009 -- ANNUAL REPORT View image in PDF format 04/28/2008 -- ANNUAL REPORT UI4Wmagtl,in PDF;format 03/23/2007 -- ANNUAL REPORT View image in PDF format', 09/18/2006 -- Amendment and Name Change View image 'in PDF format 09/11/2006 -- Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events Name History 16C4Page 2 of 2 I Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copyright © and Privacy Policies State of Florida, Department of State Entity Name Search Submit. http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P06000l 169... 7/21/2010 16C4 HerreraSandra From: DeLeonDiana Sent: Friday, October 01, 2010 3:47 PM To: HerreraSandra Subject: RE: Annual Contract for Well Drilling contractors: WeIlMasters Sandra, I called WeIlMasters... yes, it is one and the same. DD From: HerreraSandra Sent: Friday, October 01, 2010 3:37 PM To: DeLeonDiana Subject: Annual Contract for Well Drilling contractors: WeIlMasters << 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 Sandraherrerana,collier ov.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. 0 MEMORANDUM TO: Ray Carter Risk Management Department t� FROM: Diana De Leon, Contract Technician Purchasing Department DATE: September 28, 2010 RJ ,, RE: Review of Insurance for Contract: #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractors: All Webbs Diversified Drilling LaBelle Well Drilling WellMasters 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. WT OEM" SEP 2 9 2010 RISK VAM lift T ... C: Pam Libby, Water y %�' bC4 From: RaymondCarter Sent: Thursday, September 30, 2010 2:19 PM To: DeLeonDiana Cc: libby_p; mausen_g; HerreraSandra Subject: 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 Drill* g 3. WellMasters 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, RALV_ Orgy 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. A G R E E M E N T 10-5409 16C4 for Annual Contract for Well Drilling, Testing & 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 WeIlMasters, 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 "). WITNESSETH: 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. WeIlMasters, 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- 16C4 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: 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- 16C4 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- 16C4 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- 16C4 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- 16C4 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- 16C4 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- 16C4 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 punchlist 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 punchlist. 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 Quotation/Work 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- 16C4 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. Page -10- 16C4 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Courts By, By. Fred W. Coyle, Chairman Dated: - IU First itn C,h S S-A P IPi l6 Ty�e/P nt Wi it/tness Nam Secozkl`Witness Type /Print Witness Name Approved as to form and legal fficiency- i � it -�-•., Scott Teach Deputy County Attorney WellMasters, Inc. Co tractor By: Signature ---i . Suit; v to f� Typed Signature Title Page -11- EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and h .L t) Bond No. Contract No. 10 -5409 as , as Surety, located at (Business Address) are eld 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 day of , 20_, with Oblige for 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: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16C4 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: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) lV Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- 16C4 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 executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20 Oblige for day of ourselves, our heirs, 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- 16C4 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 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: (AFFIX OFFICIAL SEAL) day of of on behalf of the corporation. as identification and corporation, (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- 16C4 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and 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. M ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this day of ,20 ,by ,as corporation President [Corporate Seal] of , a corporation, on behalf of the He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- 16C) 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) Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ 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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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. DATE CONTRACT NO. 10 -5409 16C4 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: By: By: DESIGN PROFESSIONAL: By COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16C4 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- 16C4 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 Design Professional Type Name and Title 20_ 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- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To COUNTY And To 16C4 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- 16C4 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- 16C4 EXHIBIT G WARRANTY In consideration of ten 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 07/23/2010 11:38 8634250049 From:Sherry McIver FaxID:863- 967 -7592 Page 1 of 2 WELLMASTERS w Date:0723/1012 a w� !?T /�- /� CERTIFICATE CF LIABILITY INSURANCE O3 uAIt tMMIUUIYYYY) ►vV /A1�/ 5 07/23/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mulling Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 308 208 E Park Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Auburndale FL 33823 -0308 GENERAL LIABILITY Phone:863- 967 -4454 Fax:863- 967 -7592 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A'. Auto- Owners Insurance Co. 09703 INSURER B'. smthem Omer. Insurance Co. 10190 We1lMasters, Inc. INSURER nichigarn Coaarcial Ina Mutual 10998 JD and Barbara Sullivan 1635 Industrial Park Rd. Mulberry FL 33860 INSURER D. $ 10000 INSURER E. I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRN TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YYYY) DATE (MMODIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 B X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I—XI OCCUR 72389307 10/17/09 10/17/10 PREMISES (Ea occurence) $ 300000 MED EXP (Any one person) $ 10000 B X CG Plus End PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2000000 POLICY JEa LOC A AUTOMOBILE X LIABILITY ANY AUTO 4699321400 10/17/09 10/17/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ A A X X HIRED AUTOS NON -OWNED AUTOS 4699321400 4699321400 10/17/09 10/17/09 10/17/10 10/17/10 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS I UMBRELLA LIABILITY X OCCUR F-1 CLAIMSMADE 4699321401 10/17/09 10/17/10 EACH OCCURRENCE $2000000 AGGREGATE $ 2000000 PR /CO Ops $2000000 DEDUCTIBLE X RETENTION $ 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE F-1 OFFICER(MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under WC10000129482009A 01/01/10 01/01/11 X TORY LIMITS ER E. L. EACH ACCIDENT $ 1000000 E . DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE- POLICYLIMIT $1000000 SPECIAL PROVISIONS below OTHER B Equipment Floater 72389307 10/17/09 10/17/10 Rent /leas 50000 Died 1000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS PC- Contractors Permanent *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 Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLCCU DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County REPRESENTATIVES. 3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE a les FL 34112 ACORD 25 (2009101) 9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: LaBelle Well Drilling & Water Systems, Inc. Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment �- 16 C4 ITEM NO.: DA�)I�' FILE NO.: — �`-7/ j J AN ROUTED TO: n DO NOT WRITE ABOVE THIS LINE V REQUEST FOR LEGAL SERVICES Date: September 28, 2010 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 WellMasters Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2010; Agenda Item 16.C.4 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 VUv \Y RECEIVED OCT 05 2010 '?Oard of Countv Commissioners I'LL RLS # r),,I CHECKLIST FOR REVIEWING CONTRACTS Entity Name: S JZ4 C Entity name correct on contract? lz<Q No Entity registered with FL Sec. of State? es No Insurance Exp Date Insurance Certificate attached? �TT� es Insured registered in Florida? Correct title of executor? esKes Contract # & /or Project referenced on Certificate? Executor authorized to sign for entity? Certificate Holder name correct (BCC)? Proper number of witnesses /notary? Commercial General Liability General Aggregate Required $ Provided $2A-n� Products /Compl/Op Required $ � Provided $ it es No Personal & Advert Required $ Provided $ 1 M; 1 No ��7 Each Occurrence Required $— Provided $ ti es No Fire/Prop Damage Required $ Provided $ Automobile Liability Bodily Inj & Prop Required $ ����. 1 Provided $ 1 11 Workers Compensation Are all required attachments included? Zes No Each accident Required $ \m . l� Provided $ Reviewer Initials: Disease Aggregate Required $ Disease Each Empl Required Provided $ Provided $ –� Date: Umbrella Liability 04 -00 Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification m 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? No No No No Exp. Date Exp Date Exp. Date �TT� Exp. Date l Exp. Date Exp. Exp Date Date i Exp Date 1 III Exp Date Exp Date Exp Date Exp Date Yes No Exp. Date Exp. Date ) I Provided $ Exp Date V es No Yes No Yes No Yes Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? s No Correct title of executor? es No Executor authorized to sign for entity? s No Proper number of witnesses /notary? Ye No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? No ��7 County Attorney's signature block? es No Attachments Are all required attachments included? Zes No sit Reviewer Initials: Date: U 04 -00 -Olo 0/2 16,,C4 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician w Purchasing Department 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 WellMasters 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. .•• C: Pam Libby, Water SEP 2 9 MID 16 C4 mausen_g From: RaymondCarter Sent: Friday, October 01, 2010 9:04 AM To: DeLeonDiana Cc: mausen_g; HerreraSandra; libby_p Subject: Contract 10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" All, I have approved the certificate of insurance provided for contract 10 -5409 by LaBelle Well Drilling. The contract will now be forwarded to the county attorney's office for their review. Thank you, 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. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation LABELLE WELL DRILLING & WATER SYSTEMS INC Filing Information Document Number P05000160563 FEI /EIN Number 203901295 Date Filed 12/08/2005 State FL Status ACTIVE Effective Date 12/08/2005 Principal Address 575 SABAL PALM CT LABELLE FL 33935 Changed 01/06/2009 Mailing Address PO BOX 545 ALVA FL 33920 Registered Agent Name & Address FICHTER, GLENN 575 SABAL PALM CT LABELLE FL 33935 US Address Changed: 01/06/200 Officer /Director Deta I Name & Address Title P FICHTER, GLENN 575 SABEL PALM CT LABELLE FL 33935 Annual Reports Report Year Filed Date 2008 01/24/2008 2009 01/06/2009 2010 01/07/2010 Document Images Document Searches 16 &41 of Forms Help Entity Name Search! Submit http: / /www. sunbiz. org /scripts /cordet. exe? action= DETFIL &inq_doc_ number = PO50001605... 7/21/2010 www.sunbiz.org - Department of State 01107/2010 -- ANNUAL REPORT View image, in PDF format I 01/06/2009 -- ANNUAL REPORT View image, in PDF format 01124/2008 -- ANNUAL REPORT View image in PDF format 01/25/2007 -- ANNUAL REPORT View image, in PDF format 07/10/2006 -- ANNUAL REPORT View Jmage in PDF format 12/08/2005 -- Domestic Profit r, ' View image in PDF format Note: This is not official record. See documents if question or conflict. 16C4Page 2 of 2 Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit' Home I Contact us I Document Searches I E- Filing Services i Forms I Help Copyright© and Privacv Policies State of Florida, Department of State http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P050001605... 7/21/2010 16C4 A G RE E MEN T 10-5409 for Annual Contract for Well Drilling, Testing & 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 LaBelle Well Drilling & Water Systems, Inc., authorized to do business in the State of Florida, whose business address is 575 Sabal Palm Court, LaBelle, Florida 33935 (hereinafter referred to as the "Contractor "). WITNESSETH: 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. LaBelle Well Drilling & Water Systems, 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 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 Work; the Contractor shall respond with the information sought within seven (7) working days. Page -1- 16C4 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: LaBelle Well Drilling & Water Systems, Inc. P.O. Box 545 Alva, FL 33920 Phone: (239) 694 -5759; Fax: (239) 694 -5214 E -mail: label lewel l(a')-aol. com Attention: Glenn Fichter, 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- 16-C4 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: 16C4 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 Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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- 16C4 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- 16C4 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. STANDARDSOF 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- 16C4 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 punchlist 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 punchlist. 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- 16C4 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 Quotation/Work 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- 16 C4 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. 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: ° "V` M.r Dwight. Brock,�Cle`* of Courts ^. x, Dated. i mot, 'First V Atnesso Type/Prifit Wit ss Name Second Witness le,ePL/ P Type /P int Witness Name Approved as to form and lega iciency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: "-�L`- W Fred W. Coyle, Chairman LaBelle Well Drilling & Water Systems, Inc. Contractor By: ez—" Signature Glenf, V, r \-\� Typed Signature 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 instrumenthis day of 20 , the name of under - signed representative, pursuant to auth rity of its governing body. Page -12- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16C4 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: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) f.90 6 C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- EXHIBIT A -2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and executors, 16C4 Bond No. Contract No. 10 -5409 as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20 Oblige for day of ourselves, our heirs, 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- 16C4 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- 16C4 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and 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. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20_, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- 16C4 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) Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ 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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional (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: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 20 CONTRACT NO. 10 -5409 16C4 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: By: By: DESIGN PROFESSIONAL: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 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- 16C4 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 Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on 20_ CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on , 20 COUNTY Type Name and Title Page -22- 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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 WE 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- 16C4 16C4 EXHIBIT G V _::_► I In consideration of ten 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- 4 Lp ''rRE LOT-F"' CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) F09/30/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Blackadar Insurance Agency CONTACT Patti Tommaso NAME: AJCN Ext:407.831.3832 FAX No: 407.830.4681 ADDRESS: 1436 N. Ronald Reagan Blvd. PRODUCER CUSTOMER ID M. Longwood, FL 32750 Patti Tonmaso INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: United Fire & Casualty Company Labelle Well Drilling & Water Systems, Inc INSURER B: Employers Preferred Insurance P.O. BOX 545 INSURER C: Alva, FL 33920 INSURER D: MED EXP (Any one person) INSURER E: PERSONAL & ADV INJURY $ 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 10 /11 WC incr limits REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY 6039424 07/01/2010 0710112011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR _ - - -- $ 100,000 DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY ECT LOC $ AUTOMOBILE X LIABILITY ANY AUTO 6039424 07/0112010 0710112011 CO BINEDt) accident) LIMIT (Ea $ 1 000 000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS i BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N YIN WCV800159802 07/01/2010 07/01/2011 TV OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 B E PROPRIETORIPARTNE OFFICER/ME BER EXCLUDD ECUTIVE �f NIA E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DR RIPTION OF OPERATIONS/ LOCPTIOryS/ V HIC E (Attach A O 191, Ad ' Tonal Remarks hetiul if more space is required) o ier County BOCC is inc ucfec� as Additional Insuregcwit�l respect to the General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County BOCC Purchasing Dept 3301 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sissy Beery /PLT ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD A CORQ AGENCY CUSTOMER ID: I IN (! I1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Blackadar Insurance Agency NAMED INSURED Labelle Well Drilling & Water Systems, Inc Alva, FL 33920 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORMTITLE: ACORD Certificate of Liability Insurance Garage Liability INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICY NUMBER DATE (MMIDDNY) DATE (MMIDDNY) LIMITS AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ Automobile Liability INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICY NUMBER DATE (MMIDDNY) DATE (MMIDDNY) A Excess /Umbrella Liability INSR POLICY EXPIRATION PDATE INSRD POLICY NUMBER AE (MMIDDNY) (MMIDDIY LIMITS Other Liability INSR PDATE POLICY NUMBER DATE (MMIDDNY) (MMIDDNY) LIMITS ACORD 101 (2008/01) © 2008 ACORD The ACORD name and logo are registered marks of ACORD reserved. A CORQ AGENCY CUSTOMER ID: I IN (! I1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Blackadar Insurance Agency NAMED INSURED Labelle Well Drilling & Water Systems, Inc Alva, FL 33920 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORMTITLE: ACORD Certificate of Liability Insurance Garage Liability INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICY NUMBER DATE (MMIDDNY) DATE (MMIDDNY) LIMITS AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ Automobile Liability INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICY NUMBER DATE (MMIDDNY) DATE (MMIDDNY) A Excess /Umbrella Liability INSR POLICY EXPIRATION PDATE INSRD POLICY NUMBER AE (MMIDDNY) (MMIDDIY LIMITS Other Liability INSR PDATE POLICY NUMBER DATE (MMIDDNY) (MMIDDNY) LIMITS ACORD 101 (2008/01) © 2008 ACORD The ACORD name and logo are registered marks of ACORD reserved. 16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: Southeast Drilling Services, Inc. Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment 16C4 ITEM NO.: DATF4-- &E9�lY p: ' "CUN1Y ATl `NEFILE NO.: 1171,7 ROUTED TO: l lA 3 I AN (' 0 DO NOT WRITE ABOVE THIS LINE nn I� REQUEST FOR LEGAL SERVICES Date: September 28, 2010 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 WellMasters Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2 ; Agenda Item 16.C.4 2� 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. RECEIVED OCT 05 2010 C: Pam Libby, Water Board of County Commissioners �al��l0 16C4 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: i Entity name correct on contract? No Entity registered with FL Sec. of State? es No 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 $ 1 Personal & Advert Required $ Each Occurrence Required $ ;1 l Fire /Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $� Workers Compensation ,-'?es No �es No No S;-�Yes � jNo Provided $� Exp. Date r1 ►1 I l Provided $ Exp. Date Provided $ u Exp. Date Provided $ Exp. Date Provided $ Exp. Date Provided $r_ Exp Date Each accident Required $_/1�,� tr, Provided $ �D y Exp Date . t Disease Aggregate Required $ Yp`o "��I Provided $ Exp Date 11 Disease Each Empl Required $ �!i' Provided $ Exp Date Umbrella Liability Each Occurrence Provided $ Exp Date ► t Aggregate Provided $ rr t Exp Date it Does Umbrella sufficiently cover any underinsured portion? _Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: Required $ Provided $ Exp Date County required to be named as additional insured? County named as additional insured? 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? Y No Yes No t, Yes No Yes 6-G o Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? es No Correct title of executor? es No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? No County Attorney's signature block? Yes No Attachments Are all required attachments included? Yes No Reviewer Initial , Dat?40 04- C MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician^r''� Purchasing Department 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 WellMasters DATE RMEIWO Southeast Drilling Youngquist Bros. SEP 2 9 2010 RISK SENT 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. m.. C: Pam Libby, Water 16C4 mausen_g From: RaymondCarter Sent: Thursday, September 30, 2010 2:19 PM To: DeLeonDiana Cc: libby_p; mausen_g; HerreraSandra Subject: 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 Drilling 3. WellMasters 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, iirr.c a 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 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation SOUTHEAST DRILLING SERVICES, INC. Filing Information Document Number P94000051306 FEI /EIN Number 593252801 Date Filed 06127/1994 State FL Status ACTIVE Effective Date 06/24/1 Principal Address 1930 LAND O LAKES BLVD SUITE #15 LUTZ FL 33549 Changed 02/14/2006 Mailing Address P.O. BOX 2764 LUTZ FL 33548 Changed 02/08/2007 Registered Agent Name & Address ZIEGLER, WILLIAM B PRES 1930 LAND O' LAKES BLVD SUITE #15 LUTZ FL 33549 US Name Changed: 02/14/2006 Address Changed: 02/14/2006 Officer /Director Detail Name & Address Title PTCM ZIEGLER, WILLIAM B PRES 1930 LAND O LAKES BLVD LUTZ FL 33549 Title SD ZIEGLER, SONYA P 1930 LAND O LAKES BLVD LUTZ FL 33549 Document Searches ib C� Forms Help Entity Name Search Suj:gnit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P940000513... 7/21/2010 www.sunbiz.org - Department of State Page 2 of 2 Title VD 1 16C4 http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P940000513 ... 7/21/2010 A G R E E M E N T 10-5409 for Annual Contract for Well Drilling, Testing & 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 Southeast Drilling Services, Inc., authorized to do business in the State of Florida, whose business address is 1930 Land O Lakes Boulevard, Suite 15, Lutz, Florida 33549 (hereinafter referred to as the "Contractor "). WITNESSETH: 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. Southeast Drilling Services, 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: Southeast Drilling Services, Inc. P.O. Box 2764 Lutz, FL 33549 Phone: (813) 968 -7277; Fax: (813) 948 -1406 E -mail: sonyaziegler(D_tampabay.rncom Attention: William B. Ziegler, P.E., 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- 16C4 Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, FL 34112 Attention: Stephen Y. Carvell 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- 16C4 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- 16C4 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- 16C4 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- 16C4 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 punchlist 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 punchlist. 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- 16C4 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 Quotation/Work 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- 16C4 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. 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: Dwight E. 1` h4 Dated: °lerk`of Courts P°10 C C L First itness Sonya P. Ziegler Type /Print Witness Name Second Witness Michael J. Whitman Type /Print Witness Name Approv as to form and leg s iciency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA y Fred W. Coyle, Chairman Southeast Drilling Services, Inc. Contractor By: /"�j f—�- L 91 a.15�1 W. Ziegler Typed Signature Vice President Title Page -11- 16C4 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 day of , 20_, with Oblige for 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 body. 20 , the name of under - signed representative, pursuant to authority of its governing Page -12- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16C4 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: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of - Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) e Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- 16C4 He /She is personally known who did (did not) take an EXHIBIT A -2 PUBLIC PERFORMANCE BOND 16 C4 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 executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 Oblige for ourselves, our heirs, 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- 16Cli 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 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: day of of corporation, on behalf of the corporation. as identification and (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 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- 16C4 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ . paid, ( "Contractor') releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and 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. al ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 20_, by of a President [Corporate Seal] day of , as 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: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- 16C4 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) Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: RE: (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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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. II to] DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 20_ CONTRACT NO. 10 -5409 16C4 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 U 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: By: By: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16C4 This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: W 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- 16C4 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 LM- Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on 20 COUNTY Type Name and Title Page -22- 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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: Executed by Design Professional on EXHIBIT G Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Final Completion on 20 COUNTY Type Name and Title Page -24- 20 16C4 16C4 EXHIBIT G WARRANTY In consideration of ten 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- 16C4 ACORD DATE (MWDD/YYYY) TM. CERTIFICATE OF LIABILITY INSURANCE I 07/2712010 PRODUCER Phone: (813) 988 -1234 Fax: 813988-0989 ASSOCIATES AGENCY, INC. PO BOX 16190 11470 N. 53RD ST. 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 V AFFORDED Y THE POLICIES TEMPLE TERRACE FL 33687 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDDrM INSURERS AFFORDING COVERAGE NAIC # Agency Lit#: R001766 GENERAL LIABILITY INSURED INSURER A: OWNERS INSURANCE CO. 32700 SOUTHEAST DRILLING SERVICES INC. P.O. BOX 2764 LUTZ FL 33548 INSURER B: AUTO OWNERS INSURANCE CO. 18988 INSURER C: $ 300,000 INSURER D: COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR INSURER E: %1w THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR I�t TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDDrM LIMITS AUTHORIZED REPRESENTATIVE or GENERAL LIABILITY 20709632 __DATE(MMIDDIM 07/01/10 07/01/11 EACH OCCURRENCE $ 1,000,000 X PREMISES BET Eaa RENTED ce $ 300,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED. EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 1,000,000 GEITL AGGREGATE LIMIT APPLIES PER POLICY PRO LOC PRODUCTS- COMP /OP AGG. $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO 4142994900 07101/10 07/01/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY B SCHEDULED AUTOS HIRED AUTOS (Per person) $ X NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY ALTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS / UMBRELLA LIABILITY X OCCUR CLAIMS MADE 4346231701 07/01/10 07/01/11 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS'UABIUTY 20640738 07/01/10 07/01111 TAT- X I TORY LIMTS OTHER E. L EACH ACCIDENT Is 500000 B ANY PROPRIETOR/PARTNERIEXECUTNE OFFICER cribs u R EXCLUDED? R yes, describe under SPECIAL PROVISIONS bel— E.L. DISEASE -EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY UK T $ 500,000 OTHER: DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Collier County is an additional insured. CFOTICIr`ATC LJr%1 nCO - --• - -• - _ -- --- Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchasing Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 3301 Tamiami Trail East WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS Naples, FI 34112 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE or Attention: 4 11s �� Arnon �� ronn. u,o� Mike R rs 2 01 unwio rr 4v ,3cOI © ACORD CORPORATION 1988 16C4 MEMORANDUM Date: October 5, 2010 To: Diana DeLeon Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractor: Youngquist Brothers, Inc. Attached, is an original contract document, as referenced above, (Item #16C4) approved by the Board of County Commissioners September 28, 2010. The second original will be held on file in the Minutes and Record's Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment 16C4 ITEM NO.: , '-�r" TEr.. I CEIVED: FILE NO.: ROUTED TO: �'1i 9 DO NOT WRITE ABOVE THIS LINE v t" REQUEST FOR LEGAL SERVICES t V � i Date: September 28, 2010 To: Office of the County Attorney Attention: Jeff Klatzkow 1 D From: Diana De Leon, Contract Technician l Purchasing Department, Extension 8375 Re: Contract: #10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Contractors: All Webbs Diversified Drilling LaBelle Well Drilling WellMasters ,Southeast Drilling Youngquist Bros. BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 28, 2010 Agenda Item 16.C.4 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. RECEIVED C: Pam Libby, Water OCT 0 5 2010 Board of 00111 % Commissioners �b 1 O V r+ RLS # ) n PEO, • (-)17 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: Entity name correct on contract? s No Entity registered with FL Sec. of State? Yes No Insurance Insurance Certificate attached? es No Insured registered in Florida? tt// No Contract # & /or Project referenced on Certificate? Y No Certificate Holder name correct (BCC)? es No Commercial General Liability General Aggregate Required $ Provided $ Exp. Date 11 1 Products /CompUOp Required $ Provided $ Exp. Date Personal & Advert Required $ Provided $ Exp. Date Each Occurrence Required $ \m, Provided $ Exp. Date Fire/Prop Damage Required $ Provided $ Exp. Date Automobile Liability Bodily Inj & Prop Required $ —`66 Provided $ m t `1 I Workers Compensation Each accident Required $� Provided $ 1 I Disease Aggregate Required $D" rovided $ I Disease Each Empl Required $�� rovided $ �, rYl i � L I Umbrella Liability t Each Occurrence Provided $ �! IExp Date Aggregate Provided $� Exp Date Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date / u 9 Other Insurance I Each Occur Type: e0f*Ta&6�•--sw �Required $ Provided $ Exp Date °� J `� 1 ` County required to be named Waditional insured? Yes No County named as additional insured? 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? Yes No Yes No Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? s No Correct title of executor? e No Executor authorized to sign for entity? ��,Ss No Proper number of witnesses /notary? Ye No Authorization for executor to sign, if necessary: Chairman's signature block? es No Clerk's attestation signature block? s No County Attorney's signature block? Yes No Attachments Are all required attachments included? Yes No Reviewer Initials: Date: 04 -COA 1 3 / 2 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician 'fil Purchasing Department 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 WellMasters 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. am IMIVM SEP 2 9 2010 **NPENT no C: Pam Libby, Water M 16C4 16G4 mausen From: RaymondCarter Sent: Thursday, September 30, 2010 4:14 PM To: DeLeonDiana Cc: libby_p; mausen _g; HerreraSandra Subject: FW: Contract 10 -5409 "Annual Contract for Well Drilling, Testing & Maintenance Services" Update Youngquist Bros. has been approved for contract 10 -5409 as well which will now be forwarded to the county attorney's office. RMV From: RaymonclCarter Sent: Thursday, September 30, 2010 2:19 PM To: DeLeonDiana Cc: libby_p; mausen_g; HerreraSandra Subject: 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 Drilling 3. WellMasters 4. Southeast Drilling These contracts will now be forwarded to the county attorney's office for their review. Thank you, 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. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation YOUNGQUIST BROTHERS, INC. Filing Information Document Number 527821 FEI /EIN Number 591836961 Date Filed 03/15/1977 State FL Status ACTIVE Principal Address 15465 PINE RIDGE ROAD FT MYERS FL 33908 Changed 02/15/1991 Mailing Address 15465 PINE RIDGE ROAD FT MYERS FL 33908 Changed 02/15/1991 Registered Agent Name & Address SCHOENFELD, LOWELL 1380 ROYAL PALM SQ BLVD FORT MYERS FL 33919 US Name Changed: 02/16/2007 Address Changed: 02/16/2007 Officer /Director Detail Name & Address Title PSD YOUNGQUIST, TIM 15465 PINE RIDGE ROAD FT. MYERS FL 33908 Title V BRANTLEY, JAMES F 15465 PINE RIDGE ROAD FT. MYERS FL 33908 Title D YOUNGQUIST, HARVEY 15465 PINE RIDGE ROAD Document Searches 16CFwze I of 2 Forms Help Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= 527821 &inq... 7/21/2010 www.sunbiz.org - Department of State 16 C gage 2 of 2 FT. MYERS FL 33908 Title T YOUNGQUIST, HARVEY 15465 PINE RIDGE ROAD FT MYERS FL 33908 Title V YOUNGQUIST, BRETT 15465 PINE RIDGE RD FT MYERS FL 33908 Annual Reports Report Year Filed Date 2008 02/22/2008 2009 03/19/2009 2010 02/15/2010 Document Images 02/15/2010 --ANNUAL REPORT °. ° View image in PDF format 08/24/2009 -- Off /Dir Resignation View image in PIDF format 03/19/2009 -- ANNUAL REPORT View ifnage,in PDF format 02/22 /2008 -- ANNUAL REPORT View imagA -"" PDF format, 02/16/2007 --ANNUAL REPORT 01 /05/2006 -- ANNUAL REPORT View image in PDF format 01/05/2005 —ANNUAL REPORT,-, View image in PDF format 01/12/2004 -- ANNUAL REPORT View image in PDF format 01/29/2003 —ANNUAL REPORT „F V q image in PDF format 02/10/2002 -- ANNUAL REPORT View image n PDF f ©rmat 03/19/2001 --ANNUAL REPORT. ,.;, V1igW image in PDF format 03/30/2000 -- ANNUAL REPORT ' View image in PDF format 03/10/1999 --ANNUAL REPORT View image in PDF format 02/03/1998 -- ANNUAL REPORT View image in PDF format 05/09/1997 -- ANNUAL REPORT = View image in PDF format 05/01/1996 -- ANNUAL REPORT � -.: View image in PDF k(mat 05/01/1995 -- ANNUAL REPORT View image in P.DF i6rmat Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit Home I Contact us I Document Searches i E- Filing Services I Forms I Help Coovright© and Privacv Policies State of Florida, Department of State http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= 527821 &inq... 7/21/2010 16C4 4 A G RE E MEN T 10-5409 for Annual Contract for Well Drilling, Testing & 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 Youngquist Brothers, Inc., authorized to do business in the State of Florida, whose business address is 15465 Pine Ridge Road, Fort Myers, Florida 33908 (hereinafter referred to as the "Contractor "). WITNESSETH: 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. Youngquist Brothers, Inc., has been awarded a contract in the following categories: Category 3— Testing of Aquifer Storage and Recovery (ASR) Wells Category 4— Maintenance and Testing of ASR and Injection Disposal 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 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 Page -1- 1604 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: Youngquist Brothers, Inc. 15465 Pine Ridge Road Ft. Myers, FL 33908 Phone: (239) 489 -4444; Fax: (239) 489 -4545 E -mail: edmc _youngguistbrothers.com Attention: Brett Youngquist, 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- 16C4 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: 16C4 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 Contractor/Vendor /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 Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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- 16C4 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- 16C4 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 punchlist 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 punchlist. 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- 16C4 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 Quotation/Work 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- 16C4 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. 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: Dwight E. Brock,,Q)p-k of Courts Dated. , i.,�.414 - First Witness lelir /ewe // Type /P int Witness Name i Second Witness (2#1e lS7 iiU E 191, (Lt -cL A /'�- -- Type/Print Witness Name Approved as to form and le ffici nc . colt Teac Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: `i/ W. Fred W. Coyle, Chairman Youngquist Brothers, Inc. Contractor ��.. M I-E Yo L&In ac LA I i Vice- Typed Signa ure Title Page -11- 16C4 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: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: r 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: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) m Page -13- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- He /She is personally known who did (did not) take an 16C4 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 executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 Oblige for ourselves, our heirs, 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- 16T114- 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 : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- ATTEST: SURETY: 16 C4 Witness as to Surety Witnesses STATE OF _ COUNTY OF (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) 16C4 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. M ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 20_, by of a President [Corporate Seal] day of as 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: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -18- 16C4 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: 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 $ Bid No. 10 -5409 Project No. Application Date Payment Application No. for Work accomplished through the Date: 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: _(Project Name) 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) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (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: DATE CONTRACT NO. 10 -5409 16C4 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: By: DESIGN PROFESSIONAL: By: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -20- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16C4 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- 1604 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 Design Professional Type Name and Title 20_ CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on , 20 COUNTY Type Name and Title Page -22- A v v -r 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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- 1604 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- 7GnJ. 16C4 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25- 16C4 ACORD.. CERTIFICATE OF LIABILITY INSURANCE F DA7E(htAUDOTYYYY) PRODUCER 03/08/2010 (40) 43 1120 FAX 40 }843 -5772 T IS CERT FIC TE IS ISSU6o AS A MATTER DF INFORMA 10 e• Johnson & Company ONLY AND CONFER$ NO RIQHTS UPON THE CERTIFICATE 801 N Orange Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THI: POLICIES BELOW. Suite 53,0 Orlando, FL 32803 INSURERS AFFORDING COVERAGE NAIC:I INSURED YOUNGQ f Eft , INC. INSURER R. Zurich Altlerican insurance Co 16535 YOUNGQUIST BROTHERS ROCK INSURER B: Aaterican Guaranies Lia ility 26247 15465 PINE RIDGE ROAM INSURERO National Union Fire ins. Co. 19445 FORT MYERS, FL 33908 INSURER X Qaal I fled 5el f insured INsumm Firemans Fund insurance j 21873 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THU POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RFOUIRGMIINT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAYPERTAtN 'rHE INSURANCE ArFORDED BY THE POLICIrs DESCRIBED HEREIN IS SUDJT:CT TO ALL THE TERMS, EXCLUSIONS AND 000ITIONS OF SUCH POLICIES, A0611WATE LIMITS 8I10WN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANOE POLICY NUMBER 7EO LIMITS GENERAL LIABILITY GL 04275188 -05 11 0 00 1 /01/2010 EAAccHoccURIa:NCS s 3T 0001000 X COMMERCIALGENERALMAOILITY pRGl 19E (,oc41111) cc S 3OO UOD CLAU,iS MADE Q A OCCUR MEO LXP (Art ono pe(agt) $ 10.000 PERSONAL &ADVINJUItY S 1,ODO,Do( k ' 'GONERAL'AGOREGATE S 2 DOD, DO GENY. AGGREGATE LIMITAPPLIESPER., PR PRODUCTS•COIMIOPAGG S 2 000 DOD POLICY X LOC T MOntimLIABILITY BAP 9377305 -06 3,1,/01./2009 11/01/2.010 X COAIBINIasINGLEIIMI, S "flCHOnI} 1 Ob0 D00 ALLOWNEDAU103 D SCHL•DULEDAUiOS BODILY INJURY (pp�pQf6q,l S X MAWAUTOS X NON- OWNEDAUTOS BODILYINJUII $ lPmeccMonU \ PRONERTYOAMAGE $ {Por nccldonQ 0ARA13%LIABILITY V� AUTO ONLY -EA ACCIDENT S aNYAUTO OTHERTFIAN EAACC S AUUTTOONIY: AGO S BXCESSI UMBRELLA LIADILITY BE 4 1/01/2009 —11/01/2010 EAOI IOCCURRENCB S 10,000,000 X OCCUR EI CLAIMS MACE. AGGREGATE 3 C & x.0,000,000 OSOUIB C7LE RETENBON S 10,00 S WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY ANYPROPIiIETORIPppRTNER/EXECUWE� D SEE BELOW X . , ,,:.. E ; . L.._I E.L. EACHACCIQENT S 11000100-" ��OFFICERIMEMBERGXCLUDF-DT Npp �nIon�cribaunldor E,L.DISEASL-EAEMPLOYE S 1 00 SPECIAL PROVISXINS 1�alaw rho ractors MXI9300T381 'r G.l aISBARE -POLICY LIMIT S Equipimnt C 5/22/2010 1 5/22/2011 All Risk Broad Form Leased and !tented - $400,000 �s Deductible: .$10,OD0 r 217P RFG�Af T17�0 /1�Ot CE�t Y � PE SATION,A�QUiV�QI??T [3RUIHEf�S I NCslor 5 A QUALiFiEU SEf.r�TNSURED WITH THE TDEEAii DEPARTMENT OF LABOR WITH A REVIEW DATE OF 11/01./2010, iER COUNTY GOVERNMENT IS ADDED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 711 E ABOVE DESCRIBED POLICIES BE CANCELLED pEFORE THE BXPIRA710N Collier CoQnty BCC 3301 DATETHERtOP, THEI SSUINGINSURORWILL 9- NOEAVORTOtNUL 3a DAYSWRITTEN 11071,00TOTHECORTIFICATENOLDEIINAMED70THBLUrr BUTYAILVIIETODOSOSIIALL E. Tamiami Trail, Naples FL 34112 IMPOSHNOOBLIGATIONORLIABILITY OFANYKINDUPONTHEINQURER ,ITSAGENTSOR 114PRO8ENTATIVES. r AUTFIORIZEOREPRESENTATIVE r Todd i„ hnson !1RILES ACORD 26 {200gl01) JoO 1900 -2009 ACORD CORPORATION, All YTghts Poselved. The ACORD name end logo are reglstored Tnorks of ACORD