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Backup Documents 09/15/2009 Item #16E 3 16E3 M MEMORANDUM DATE: September 21, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5216: "Annual Contract for Painters" Contractor: Royal Crest Builders Enclosed, please find one (1) original, referenced above (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, September 15,2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures .......-.."..~",,--- ITEM NO.: DATE RECEIVED: FILE NO.: 0 ~ ~ P IZ c - 0 ( .3 S-{ q) 16 E 3 ROUTED TO: ~ \.>..J. Z. '- 1rD ~ O~ l DO NOT WRITE ABOVE THIS LINE V; -V dJ II~ ~~ 1& ~ - 'tbt, REQUEST FOR LEGAL SERVICES ~ c,rr, ... Date: September 15,2009 S ~ 't .- a )i. To: Office of the County Attorney \. . Jeff Klatzkow ' I ' From: Lyn M. Wood, C.P.M., Contract Specialist ~r Purchasing Department, Extension 26671 i ~ r, , , I \ ' ~ t\tt ; Jj'j Re: Contract: #09-5216 "Annual Contract for Painters" I I C) . 'J!\-Djo../ Contractor: Royal Crest BUilders Ie BACKGROUND OF REQUEST: This Contract was approved by the BCC on 9/15/09, Agenda Item / 16.E.3 ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the BCC 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: Damon Gonzales, Facilities Mgmt. ,.'...........~,,~- - ...<'"~---- _~I'. .. '.'"~k.".._.. ._'~,.> RLS# O?'- ~Rt!- ()f 3S1 CHECKLIST FOR REVIEWING CONTRACTS 1 6 _ Entity Name: ;?"YAL.- (]~f~1' &mJlAN'~S. I (}.J(!, d/JJa- fotALCLMr ~UILbU~ E j Entity name correct on contract? -L Yes No - Entity registered with FL Sec. of State? ~Yes No - Insurance Insurance Certificate attached? -L Yes No - Insured registered in Florida? ~_Yes No - Contract # &/or Project referenced on Certificate? v Yes No Certificate Holder name correct (BCC)? ~Yes No - Commercial General Liability Exp. Date S- /~()I,P General Aggregate Required $ (M\L- Provided $ "Z f<A. ~ Products/CompVOp Required $ Provided $ I I Exp. Date ( I Personal & Advert Required $ Provided $ lV\(tL Exp. Date I I Each Occurrence Required $___ Provided $ I I Exp. Date L , Fire/Prop Damage Required $__ Provided $ ~()I ()tn> Exp. Date I , . Automobile Liability Exp Date JJ tz.sJ ID Bodily Inj & Prop Required $ [ M.l L- Provided $ I M II Workers Compensation J I Each accident Required $ .51~1'. Provided $ Itlf9) "O() Exp Date rz{ \3 f b(f Disease Aggregate Required $ L-cS Provided $ S""I ")(J Exp Date II Disease Each Empl Required $ pIA Provided $ t 'Cl, 1) 1(;1 Exp Date I , . Umbrella Liability Each Occurrence Provided $ ~- Exp Date Aggregate Provided $ -- Exp Date Does Umbrella sufficiently cover any underinsured portion? -- Yes No Professional Liability Each Occurrence Required $~_ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: Required $___ Provided $ Exp Date_ County required to be named as additional insured? _ ~ Yes No - County named as additional insured? ~_ Yes No - Indemnification /... Y es Does indenmification meet County standards? No Is County indenmifying other party? -- Yes ~No Performance Bond Bond requirement referenced in contract? ~. Yes No - If attached, expiration date of bond Does dollar amount match contract? --- Yes No - Agent registered in Florida? Yes No - - Signature Blocks Correct executor name in signature block? ~Yes - No Correct title of executor? ~es No - Executor authorized to sign for entity? Yes No V" Yes - Proper number of witnesses/notary? \J\~ No Authorization for executor to sign, if necessary: a/ Yes Chairman's signature block? - No Clerk's attestation signature block? ~Yes _No County Attorney's signature block? --l.L- Y es - No Attachments /Yes Are all required attachments included? No ~ Reviewer Imtials: Date: ., 04-COA-( 103 /222 "~'----"'---_."'~" ". "-"''"~--''''^-',"'-'''''',--,--,-"",-,""....,."..,,,.--,,...",,,,,-,- -""''''''''~' '-'~"o"".,."",.,._ -""'..... .....""--- MEMORANDUM 16':3 TO: Ray Carter Risk Management Department FROM: \ \) Lyn M. Wood, C.P.M., Contract Specialist ~ Purchasing Department , ". DATE: September 15,2009 RE: Review Insurance for Contract: #09-5216 "Annual Contract for Painters" Contractor: Royal Crest Builders This Contract was approved by the BCC on 9/15/09, Agenda Item 16.E.3 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, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Damon Gonzales, Facilities Mgmt. DATE RECE I VED ~ SEP , 5 2009 RISK MANAGEMENI 9/t7 joe; -,,- ."------"..~,,...-~.."',..~-~.... ---..... -- "'-- ..--."'.... -~~'"_.,., mausen_g 16 (.5 From: RaymondCarter Sent: Thursday, September 17,20091:19 PM To: LynWood Cc: GonzalesDamon; mausen_g; GazgaNorberto Subject: Contract 09-5216 "annual Contract for Painters' All, I have approved the certificate(s) of Insurance provided by Royal Crest Builders for contract 09-5216 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 - ~o",",__, .". --"'^-""'--~""- _.~._,' www.sunbiz.org - Department of State Page 1 of2 16t=~ Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Ne)ttQn List Return To L..l$J IEntity Name Search ~vents No Name History Submit I Detail by Entity Name Florida Profit Corporation ROYAL CREST COMPANIES, INC. Filing Information Document Number P02000023388 FEIIEIN Number 030469806 Date Filed 03/04/2002 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/22/2004 Event Effective Date NONE Principal Address 12510 STRATMORE LOOP FT. MYERS FL 33912 Mailing Address 12510 STRATMORE LOOP FT. MYERS FL 33912 Registered Agent Name & Address GEORGE, ANDREW N 12510 STRATMORE LOOP FT. MYERS FL 33912 US Officer/Director Detail Name & Address Title PSTD GEORGE, ANDREW N 12510 STRATHMORE LOOP FT. MYERS FL 33912 Title V JEYATHEVA,SELVARAJAH 12510 STRATHMORE LOOP FT. MYERS FL 33912 Annual Reports Report Year Filed Date 2007 03/20/2007 2008 02/05/2008 http://www.sunbiz.org/scripts/cordet.exe?action=DETFI L&in'L doc _ number= P02000023 3... 8/12/2009 ..".." ~..-........," -..''''''-_.....,^ ,,--,- -",,-,,_.,,~~_.. -'''''''"-''''''''~.'';; ~ ....__.,._>...".. 'm _,",,__, www.sunbiz.org - Department of State Page 2 of2 161: ~ 2009 01/19/2009 Document Images Q1L1g/ZQQ9 =-,lI.NN~AL Ri:: E'illU View image in POF format 02/05/2008 =-ANNUAL REPORT View imagE! in POF forrTlat 03/20/2007 =-ANNUAL REPORT View image in PDF format QJI2<412QQp=ANNUAl"RI;PQRI View imagE! inpDF format 02/14!2QQQ=-,lI.N N UAL RI;PORT Viewirnagein POF format Q3/2:2!2QQ4=-Am~nciment ViewirTlage inppF forrTlat Q3JO!:l12004=-,lI.NNl..JAl., RI;PQRI View image in POF fo~mat QIIJG/2QQ3=-ANNU,ll.L REPORT Viewirnage in PDFformat 03/04/2002 - Dome$liGProfit VieW image inpOF format 'Note: This is not official record. See documents if question or conflict. I Previous on List N~)(lJm Lis! Return TQJ...ist IEntity Name Search Ev~nts No Name History Submit , I Home I Contact us I Document Searches I E-Fillng Services I Forms I Help I Copynght and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL& inq_ doc _ num ber= P02000023 3... 8/12/2009 '_"_~-,q,,~..,.-." " --..op,........".- .._v_.__ -~.._~~-"'-- "".'.~... ,~_..,,- A G R E E MEN T 09-5216 16El '.,~ . for Annual Contract for Painters THIS AGREEMENT is made and entered into this 15th day of September, 2009, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Royal Crest Companies, Inc. d/b/a Royal Crest Builders, authorized to do business in the State of Florida, whose business address is 12510 Strathmore Loop, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on September 15, 2009 and terminating September 14, 2011. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two firms to be pre- qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for Painting work on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5216 and the Contractor's proposal, which is incorporated herein 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 obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement. For work with a value of less than fifty thousand dollars ($50,000), one (1) quote will be required. For work with a value of more than fifty thousand dollars ($50,000), all Contractors awarded an Agreement shall be quoted. The County reserves the right to bid work in excess of fifty thousand dollars ($50,000). The Contractor shall provide written "not to exceed" estimates on all projects except on emergencies and on-call repairs. This estimate shall either include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and number of calendar days required or lump sum amount for project completion. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Contractor shall apply for all permits within five (5) working days from the date the Purchase Order issued. Page -1- _...._,.__'..._~O'__"""..""."M.<_'""..._. """_~"_.__"~_ "-"_l<OlWI,_~.",* "......_,._- A" ~...... , ~~ ___..._.__,...._._ 16E3 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. 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: Andrew George, President Royal Crest Builders 12510 Strathmore Loop Fort Myers, Florida 33912 Telephone: 239-768-9888 Facsimile: 239-768-0338 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. Page -2- - ----~-j '<1.1 III ~ - .........,,-,~,~'"',-_. --,..,-'-, ..-._._.,....-~.-...._, , 16E3 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- -"-~,-----'-"...._._...,~,._... _.,~~ .1iI - - ~'-~-- 16E3 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days. Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." 13. PAYMENTS WITHHELD. Owner 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 Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. Page -4- -_.~~--'" '1'1 'IlIA ~-,-_. ..... .".,"'~~.~ 15. CONTRACT TIME AND TIME EXTENSIONS. 16 r ~.~ A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. Page -5- ~,._"~--, ... -"",,"'~',',' -----'--'--" ~ ",,,,'.",,",,,,,,.,,.",,~~,.,......-_._-,,,,,,""_._...,.,.. _....~---~-'>' .... . . - -~ -, . 16r=~ 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Page -6- --.......T ,,_..~.u,"k """--~""'---"-;~'--"'--'''-- --""~'-'--' 16E: c. Contractor shall not disturb any benchmark established by the Owner with respect to the - Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner review the Work. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall so advise Contractor in writing and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall approve Contractor's final invoice. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the Purchase Order date. Contractor shall commence the work within five (5) calendar days from the Purchase Order date. No Work shall be performed at the Project site prior to the Purchase Order date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not finally completed within the time specified in the Request for Quotation. Should Contractor fail to finally complete the Work within Page -7- . _ ~""'e~q_,."''''''''''''''''''''''>" Jo "'... .~I!''''''' ",.,,,,,,~,,c",~,~,";,,<,_,__,_,,_, 16E3 the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until final completion is achieved. The Project shall be deemed to be finally completed on the date the Owner approves the Contractor's final invoice. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to finally complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5216, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page -8- ..... ...' .......; ~~~..,__"~.". ._",.._o~."'".' '!If ~""""""","....",,,".."".,'_" r'lll' _"':U""""'''''~''''''''"''''''_~'''_ ~ n "'~ --- ,16 E 3 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA (jJ '. ,.- /J By: th-r~ c:;;:J; ~J:,(/ Donna Fiala, Chairman Dated : '..'I}(.....,.. . loA" "l''' ,f"1"". , ll1....t... I)lf:,' Royal Crest Companies, Inc. d/b/a Roy I Crest Builders ontractor c:?' _ Pa--. ~~ Vl^ . ~ First Witness Signature ~N./JfiG'~ Jl/. C:GOR4 " Typed Signature "R-..es /deY'l I- / 0 ~n eK. - TWe 1114 r / '- AI/ 4fv t Q y<< :y 2.. (.) Type/Print Witness Name Approved as to form and tSfR/~ L A55i&tdM County Attorney t)., I'~ ~u71 /2~t1&~L Print Name Page -9- J .'" '"<r-W-- ,.. ..~....,"", '-,,,.,,,...,,,,_____ From: Tiffany Qurollo At: Olin Hill & Associates FaxlD To: Royal Crest Builders Inc. Date: 6/3012009 11:46 Al Po 1 3 ACORD~ CERTIFICATE OF LIABILITY INSURANCE OPID T DATE (MMJDDIYYYY) RO~AL-7 06/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Olin Hill & Associates Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2804 Del Prado Blvd. #107 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cape Coral FL 33904 i Phone: 239-945-1900 Fax:239-94S-3163 i INSURERS AFFORDING COVERAGE NAIC# , INSURED ! :~JSURER A So\.tth"X'n O>..mars Insurance Co. 02954 I ihiSLRER B .--~.~_.- "~'_------,_..-_.._--'-'--------- -- RoSal Crest Builders Inc. !-;~3URER c - 12 10 strathmore Loop ~ISURER D I Fort Myers FL 33912 -~-'------ ! J'.i3URER E COVERAGES THE POliCiES OF iNSuRANCE L1ST=:D 8EL~)W HAve. 8EE~ iSSUED TC Th=: ,1\SURc:.D NAlvlED ABOVE rot=< TrlE ?OLlCY FERI(,D :NO:CATE:::. ~~OTVV:T~STAN)I.\IG ANY REQUIREIvIENT TERM OR CONDITION OF N!'( CONT~Acr OR OTHER DOCUMENT WITH RESPECT ,0 WHICH THIS CERTIF'CATE MAY 3E ISSUED OR MAY PERTAIN, THE INSURA~CE AFORDED 3Y THE POLClES DESCRI3ED HERE::,IIS :3,IB.IEcr TO ALL THE TERMS EX':LJS10I,!S .AI\D C~",DIT;O:',S OF SUCH POLICES AGSREGATE LiMITS SHOVvN rvtA.Y ~lA\!E BEE\I REDUCC:D BY F'.AID CLNMS LTR NSRQ TYPE OF INSURAI'ICE POLICY HUMBER DATE (MMIDDIYY) :DATE'(MMIDDIYY) LIMITS ~NERAL LIABILITY ' EACH O:CU~RENCE $ 1000000 A Ix COMwlERCIAL GE',ERAL LIABILiTY 20696681 05/30/09 05/30/10 ~;::~:F\l.;rC I u :CI~ ,cu $ 300000 PREMISES (Ea occlIrelxe) c- D CLAI~jS "AftDE 0 OCCUR I MED EXP (Anyone :Jerscn) ! 10000 i-- r------.. -'- I PERSOI,AL & ADV II,!JURY f 1000000 I--- I GEI~ERAL AGGqEGA fE 'i 2000000 I-- , GEN'l AGGREGATE LIMIT A?PliES PER PRODUCTS, COMPJOP AGG .,2000000 1'1 II PRO- n POLlC Y JECT LOC AUTOMOBILE LIABILITY COMBI,ED SII'IGLE liMIT I- $ A\N AUTO I (Ea ar;r:iden:) I-- ALL I)WNED ,AUTOS 30DIL Y INJURY - $ f- SC'iEDULED AUTOS (Pe" person) HIRED AUTOS ~ 600 L Y INJURY $ NO'I,OW'IW AUTOS (Per eccIClenl) PROPERTY DAMAGE ; ! (;:)<:if ac~:i(ient) GARAGE LIABILITY , I A.u~O O~'II_ y ~ EA ACCiDEI\;T ,~ f-----, i-I-\I'Whi...L_) i OTHER 'HN~ EA ACe , " I '~'OL , AGG l:l EXCESSJUMBRELLA LIABILITY EACrl OCCURRENCE $ ~ OCCUR o CLAIVlS MADE AGGREGATE :I , $ --. - -- ~ DEDUCTIBLE '~ i RETEi\ TIU, :I i :I WORKERS COMPENSATION AND .~JTC'~YLIGI'TS ! [UER- EMPLOYERS' LIABILITY ANY PROPRIETOR'PARTNERJEXECUTIVE E L EACH ACCIDENT '$ 0F'FICER/MEM8ER E;(CLUDED? I E L CISEASE - EA E'APLOYEE :I Ir yes. clescnl)€' lFlcler --~-_.__._--_._~._----_._._..~ ---~ ---- --"~ SPECIAL PROV1SIO!\IS o81ow E.c. DISEASE, ?OL.CY LIMiT :I OTHER I I I < i . 'DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY EHDORSEMENT I SPECIAL PROVISIONS Collier County is added as Additional Insured. ITB#09 - 5";<JGr Annual Contract for I?ainters CERTIFICATE HOLDER CANCELLATION COLLI02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIHG INSURER WILL EHDEAVOR TO MAIL 30 DAYS WRITTEN - Collier County Board of County I'IOTICE TO THE CERTIFICATE HOLDER 'lAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Commissioners IMPOSE NO OBUGATIOH OR UABILlW OF MIY Kltm UPON THE INSURER, ITS AGEI'ITS OR 3301 E. Tamiami Trail REPRESENTATIVES. Naples FL 34112 AU EPR~SCO ~ ,. /' ......- , ACORD 25 (2001/08) @ACORDCORPORATION1988 .,--"""",,, ---",",-,.-",~..." lr ,~ ...""-.....-~--~.. 4"~"Iit ~~._,..-,---_.,--"""'---_...,.,_.._"""'.....,;.----_.._.,.~',. &.I&;;;LV;;) II'4;;)Ut<ANl;E COMPANY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 16!:: INFORMA TION PAGE Issued December 12,2008 Standard The Insured's Name and Mailing Address: NCCI Carrier Code: 30732 Royal Crest Companies, Inc. Policy Number: FCD0013643-0:1 12510 Strathmore Loop Renewal of Policv: Fort Myers, FL33912-4682 Rewrite of Policy: Fein # 030469806 Risk 10 # DBA Name: SIC CODE: 1721 Type of entity: Corporation Other work place not shown above: See Attached Location Schedule 2. The policy period is from 12/13/2008 to 12/13/2009 [12.01 AM Standard Time] at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of this policy applies to the Workers Compensation Law of the states listed here: FLORIDA B. Employers liability Insurance: Part Two of this policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 100,000 each accident Bodily Injury by Disease: $ 500,000 policy limit Bodily Injury by Disease: $ 100,000 each employee C. Other States Insurance: Part Three of this policy applies to the states, if any, listed here: D. This policy includes these endorsements and schedules: See Attached Schedule of Schedules and Endorsements 4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All Information required is subject to verification and change by audit. I Code No. I Premium Basis Total I I Estimated Annual Estimated Annual Rate per $100 of Premium Classifications Remuneration (Prorated) Remuneration (Prorated) See Attached Schedule of Classification and Premium Detail Premium for Increased Limits Part Two, if applicable $0.00 Total Premium Subject to Experience Modification $1,168.00 Total Estimated Standard Premium $1,168.00 Premium Discount, jf applicable $0.00 Expense Constant Charge $200.00 , Terrorism Risk Insurance Act $2.00 I Total Estimated Annual Premium $1,370.00 Minimum Premium: $ 930.00 Producer: Florida Direct Insurance Agency Countersigned By: Servicing Office: FirstComp Underwriters Group gh&.-'~35 -.2~" 7. (888) 500-3344 Date: 12/12/2008 Central Park Plaza, 222 South 15th Street, Suite 1500N Omaha, NE 68102-1680 THIS INFORMATION PAGE WITH THE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY AND ENDORSEMENTS, IF ANYfSSUED TO FORM A PART THEREOF, COMPLETES THE ABOVE NUMBERED POLICY NCOOOOO1A III~III ~I~III~ j~~ ~JIIIIII"'IIIIII ~III /111I1111111111 11/1111111 1111111I 1 of 23 / rllllll 1111111111 fill 11I1111I1111", 11111 I1111 11111 Jill 1111I1 111111111 111I 001490-003504,16880646-12122008 FCDOO 13643-01 c _'Al.._'_'''_'"-''_"'~_''"''''''''_"''''_'''"''''_''''_'' -- EXTENSION OF INFORMATION PAGE 16E: Worker's Compensation and Employer's Liability Policy SCHEDULE OF CLASSIFICA nON AND PREMIUM DETAIL Issued to: Royal Crest Companies, Inc. Carrier Code: 30732 Effective Date: 12/13/2008 - 12/1312009 Premium Basis Estimated Total Rate Per Annual Code Classification Estimated Annual $100 of Premium Remuneration Remuneration 5474 Painting Noc & Drivers $12,000.00 9.730 $1,168.00 Manual Premium $1,168.00 Subject Premium $1,168.00 Total Subject Premium $1,168.00 Modified Premium $1,168.00 Standard Premium $1,168.00 900 Expense Constant $200.00 9740 Terrorism 0.020 $2.00 Estimated Annual Premium $1,370.00 WCOOOOO1A 2 of 23 '""........ I , _.'-'" '"'......~,"'-'..."'.......---.....,..,... "W~ GEICO TEL: 1-800-841-3000 ~(7~) Policy Number: 4110-50-07-92 geico.com , '" GEICO GENERAL INSURANCE COMPANY ~ ~ co ONE GEICO PLAZA, WASHINGTON, DC 20076-0001 N '" N '" This is a description of your coverage. Please keep for your records. '" FAMIL Y AUTOMOBILE POLICY RENEWAL DECLARATIONS '" '" N '" ~ '" Item 1: Named Insured and Address '" cO '" M ANDREW N GEORGE AND PATRICIA L ;; M WIENCEK ~ '" 12510 STRATHMORE LOOP '" .,. FORT MYERS FL 33912-4682 , E-Mail Address: andrew--.-Qeorge@dell.com Date Issued: 02-16.09 Policy Period From 04-01-09 to 10-01-09 12:01 a.m. Local time at the address of the named insured. The insured vehicle(s) will be regularly garaged in the town and state shown in Item 1, except as noted in the Vehicle Segment. Contract Type: A30FL CONTRACT AMENDMENTS: ALL VEHICLES - A200FL A30FL A54FL UNIT ENDORSEMENTS: UE30A (VEH 2); A 115 (VEH 1,2); A 180H (VEH 2); A239 (VEH 1,2); A431 (VEH 1,2); UE316 (VEH 2) I IMPORT ANT MESSAGES -Please review the reverse side of this page for coverage and discount information. -As your vehicle ages, the Multi-Risk Coverage you carry becomes nearly impossible to replace. Renew your policy today and enjoy continuous coverage against costly mechanical breakdowns. -Reminder - Physical damage coverage will not cover loss for custom optiohS on an owned auto, including equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to us, Please call us at 1-800-841-3000 if you have any questions or wish to purchase additional coverage for customized equipment not included above. -This policy includes an emergency assessment for the Florida Hurricane Catastrophe Fund in the amount of $7.96. This assessment has been mandated by the Florida State Board of Administration. The state has required that this assessment be collected directly from policyholders. -Confirmation of coverage has been sent to your lienholder and/or additional insured. Countersigned by Authorized Representative ~b~ INSURED COPY PAGE 1 TURN OVER ",=- ...... '""'Vo/'I' "l _......,'_.,~..,"~'^.~ '"""'__ , _'_'"'.;~_''~"''' ...._." __ ,_,,~,~__,__,~,'~_"'_<""___'__,,"_'~__n'c GEICO GENERAL INSURANCE COMPANY Policy Number: 411()'50-07.~ I Date Issued: 02-16-09 T-2 VEHICLE RA TED LOCA liON CLASS 1 04 FORD 1 FTSW31 P04ED56817 FORT MYERS FL 33912 A -N -30-49 -S 2 08 LEXS JTHBJ46G582203322 FORT MYERS FL 33912 A -N- -S COVERAGES LIMITS OR PREMIUMS Coverage applies where a premium or 0.00 is shown for the vehicle. DEDUCTIBLES Vehicle 1 Vehicle 2 Vehicle BODILY INJURY LIABILITY EACH PERSON/EACH OCCURRENCE $100,000/$300,000 99.80 68.50 PROPERTY DAMAGE LIABILITY $50,000 71.00 39.20 PERSONAL INJURY PROTECTION NON-DEO/INSO&REL 31.40 33.90 UNINSURED MOTORIST/NONSTACKED EACH PERSON/EACH OCCURRENCE $25.000/$50,000 49.90 49.90 COMPREHENSIVE $500 OED 42.60 COLLISION $500 OED 116.10 EMERGENCY ROAD SERVICE FULL 9.40 6.60 RENTAL REIMBURSEMENT $20 PER DAY 7.80 7.80 $600 MAX MULTI-RISK INCLUDES: COMPREHENSIVE $500 OED 29.20 COLUSION $500 OED 98.00 MECHANICAL BREAKDOWN $250 OED 34.70 SIX MONTH PREMIUM PER VEHICLE: $ 428.00 $ 367.80 If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. Premiums for these vehicles are based on the following Discounts and/or Surcharges: DISCOUNTS NEW CAR (VEH 2); SEATBEL T (VEH 1,2); MULTI-CAR (VEH 1,2); ANTI-LOCK BRAKES (VEH 1,2); ANTI-THEFT DEVICE (VEH 1,2); 5 YEAR GOOD DRIVING (VEH 1,2); PASSIVE RESTRAINT/AIR BAG (VEH 1,2) Lienholder Vehicle Lienholder Vehicle 2 Lienholder Vehicle USB LEASING L T INSURED COPY PAGE 02 "'-"""" ...,..... -.....,...."...._,~.,-"._~ , 'lII1><l'll IT ~;'_Ullil.. OIl .. '_""_'_""_~',,_,;,"H.. ,."."",,~ .,_.-..~~ 16E3 GEICO'S PERSONAL UMBRELLA POLICY GOVERNMENT EMPLOYEES INSURANCE COMPANY ONE GEICO PLAZA WASHINGTON, D.C. 20076 1-800-841 ~3000 Auto Policy Number: 4110500792 INSURED Ne..ME AND AD)lRESS ANDREW N GEORGE AND PATRICIA L WIENCEK 12510 STRATHMORE LOOP FORT MYERS, FL 33912 I. LIMIT OF LIABILITY $1,000,000 n. RET AINED LIMIT $500 Ill. MINIMUM REQUIRED LIMITS OF PRIMARY INSURANCE AUTOMOBILE $300,000/$300,000/$100,000 PRIMARY RESIDENCE $300,000 BOAT $300,000 IV. TOT AJ__ PREMIUM $330.27 POLICY # P6283677 EFFECTIVE DATES 08/25/09-08/25/10 ".,,~ . liIl '.1l...."'1___,,_.___""____..,.,."__,.,~.......~ ---, _'_,~".,'_m.. I Date g /;;)1/ 2009 1.6E3 a rest Number of pages including cover sheet.' ;2 FAX' ,..J'-' ~~.J......-,,..,,~~- -~M'_-,,_ ~ ~---B~ U I L 0 E R S--'" FROM: Andrew George TO: ~ ~ 12510 Strathmore "- ~.. U~ ~e>7t- Loop Fort Myers FL - 33912 Phone ;} S;? - '8 3. 7~- ;< .:s~ d. k - 7 Cell (239) 81 0 - 2942 Fax Phone Phone (239) 768 - 9888 I cc: Fax Phone 239 768.. 0338 REMARKS: o Urgent D For your review o Reply ASAP o Plea.se Comment d~ . ~ o;f ~Lu~o- ~ ~ ~ ~. . J.- ~ ~oC. ~d" ~ ~ ~ 60z rn~, ~O~.r.. I' . ~ .' ~~ -(;f () 7 ~ ;;-d / ~ pp-,,~~ J" .,... '.........4 I ~ iI ij 1 JIr" ""-'-lI"'iilll._"'_''''''"'''''''''''''''< ~.,""'-- ,.,. ~,~"." .-. MEMORANDUM DATE: October 5, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5216: "Annual Contract for Painters" Contractor: Spectrum Contracting, Inc. 16f3 Enclosed, please find one (1) original, referenced above (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, September 15,2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures G'~ ~~lE RECEIVED: 16 E ~ o-Y\,~ ~3)J~?~' ~ r:;; l3 (blU.- IV I s DO NOT WRITE ABOVE THIS LINE ~ ',. REQUEST FOR LEGAL SERVICES ~ j ,-, Date: Septembe.':J.B':'2009 S~ 3c,. }'-"4 ), ~> t... .....~ To: Office of the County Attorney ~. Jeff Klatzkow 1.' From: Lyn M. Wood, C.P.M., Contract Specialist / ~~ rr/t8/p1 ~ Purchasing Department, Extension 2667 ]1 0 5P J pJ'l fW: ,~~. Re: Contract: #09-5216 "Annual Contract for Painters" cy ~ ~/ Contractor: Spectrum Contracting, Inc. ("- '--..., -r' BACKGROUND OF REQUEST: I: / ~; ~t This Contract was approved by the BCC on 9/15/09, Agenda Item !z 4 .- 16.E.3 ~ This item has not been previously submitted, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the BCC 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: Damon Gonzales, Facilities Mgmt. .'_'-"""__~'q_',,-_,___,,"_,_w_,.,.. .....~...___,.__ '" ,___,_~",._._" __ ". .. ""__;,._.""...._"'__...,_=-" ..,._.__ MEMORANDUM 16E3 TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., contractSpeCialist~~ Purchasing Department ) . DATE: September 15, 2009 RE: Review Insurance for Contract: #09-5216 "Annual Contract for Painters" Contractor: Spectrum Contracting, Inc. This Contract was approved by the BCC on 9/15/09, Agenda Item 16.E.3 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, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Damon Gonzales, Facilities Mgmt. DATE RECEIVED lc& SEP , 5 2009 F: I SK M/~NAGEMENT q11010~ '>.'..,--.-. ".."~'_.__.~---'" l>' ....~-,'''"'.,"'^~.~..> '_.~--~----"',...".~'";~, -- . 16[3 mausen_9 From: Raym ondCarter Sent: Thursday, September 17, 2009 1:17 PM To: LynWood Cc: GonzalesDamon; mausen_g; GazgaNorberto Subject: Contract 09-5216 "Annual Contract for Painters" All, I have approved the certificate(s) of insurance provided by Spectrum Contracting, Inc. for contract 09-5216 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Cah.t:.c.h. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 .'-- ~,'-~"..'" ...._~c.,~ '-'.,," 1!;f1lll' www.sunbiz.org - Department of State Page 1 of2 1 3 Home Contact Us E-Filing Services Document Searches Forms Help Previous on LlsJ Ne~t~n List RetMrrlTo List IEntity Name Search J;vents N~mEtlii~toa Submit I Detail by Entity Name Florida Profit Corporation SPECTRUM CONTRACTING, INC. Filing Information Document Number K51040 FEIIEIN Number 650425707 Date Filed 12/13/1988 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/11/2004 Event Effective Date NONE Principal Address 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Changed 06/21/2007 Mailing Address 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Changed 06/21/2007 Registered Agent Name & Address SCHALLERT, JOHN B.C. 3530 KRAFT ROAD SUITE 100 NAPLES, FL 34105 US Name Changed: 03/20/2009 Address Changed: 06/21/2007 Officer/Director Detail Name & Address Title CEO SCHALLERT, JOHN B.C. 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Title EVP http://www.sunbiz.org/scriptslcordct.exe?action=D ETFI L&in~ doc _l1umber=K51 040&inq... 8/6/2009 ",~..._,_.._... ."'~""""""""'-""'''--''- 'MW . ..._.... ... . _';'-"e."'__,'''~'w""",< ~,. ..,_~~_~,....__", , ". _.,,~---~--..... - www.sunbiz.org - Department of State Page2of2 VALENTINE, ROBERT D 16E 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Title V WILSON, TERRY M 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Annual Reports Report Year Filed Date 2008 12/22/2008 2009 03/20/2009 2009 04/21/2009 Document Images 04121!2009=-ANNUAL REF'QRT View image in PDF format 03/20/2009=Al\!tiUAL REPORI Viewimage in PDF format 12/22/2008 ~-_ANJ"'UALR EPORI View image in PDF format 04/18>/20Q8~::ANNLJAL..REPORT View image in PDFformat Q3/Q3J2QQ8::::_ANI\LLJl\L REE0RI View image in PDFformat Q6/21!20QZ=ANNUAL REPORT View image in PDFf(jrmat 04/07/2006 =ANNUAL REPORT View image in PDF format I Q3/25/20Q5::::ANNUAL REPORT View image in PDF format I 08/11/2004 -~Amen<:lmeDt View image in PDF format I 04/02/2004 = ANNUAL REPORT View image lr, PDF format I 03/06/2003 = ANNUAL REPORT View image in PDF format I 08/20/2002::~ Name Change View image in PDF format I Q5J23/20Q2::::ANNLJAL REPORT View image in PDF format I Q3/201.29(H-=ANNLJAL REPORT View image in PDFformat I 01/29J200Q= ANI\!UAL REPORT View image in PDF format I 02t;2_0J1999=AN NLJALRE PORT View image in PDFformat I 02124/1998>::::ANN UAL REEQRT View image in PDF format I 03106/J 997::~ANNLJAL"RE PO RT View image in PDF format I 04/24lJ996::::..AN N LJA.LJ~I=J'Q R T View image in PDF format I 05/01/1995.::_:_ANNLJALREJ'QRT View image in PDF format J Note: This is not official record. See documents if question or conflict. er~Jlious Q!l List N~tQn I,.il)t RetYII'lTo List IEntity Name Search J;",~nts Name H il:.tory Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyn,lht and Privacy Policies Copyngllt 7'007 SI ate of Flonda, nepartlllent of State. http://www.sunbiz.org/scripts/cordct.exe?action=D ETFIL&inq_ doc _llumbeF-'K51 040&inq... 8/6/2009 "-~'-'-."" "'~"~"'___.'~~>O_~__"'~_'--""-' l' ~-"-,-."".,._-~,.."~,..,......-._,.."",,,;---,..._..-..~_..."'-'"--- RLS# ~?- fJRt.- 6'13$3 i 6 E-3" CHECKLIST FOR REVIEWING CONTRACTS 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 $ ("" f L. Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage equired $ Automob' iability Bodily Inj & P p Required $ l M l (.... Wor ers Compensation Each accident Required $ ..G'(./l:(. Disease Aggregate Required $ p""11~ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ If) Mt L Aggregate Provided $ I t Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Entity Name: SfJee.lituM Entity name correct on contract? Entity registered with FL Sec, of State? 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? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? [hN7A..{J,{!:t"fIJ6 ) (AJ e 1-3-( 6 AJ cI,o..~ ~ No j) t~~t "",.,~ fAbtC.. No Yes -L Yes ~Yes v'" Yes ~Yes ~Yes No No No No Provided $ ~ M.~L Provided $ I I Provided $ I 1V\1t... Provided $ Z. M.~ L Provided $ 1001 DD 0 Exp. Date f, It III; Exp. Date tl Exp. Date t( Exp. Date (,.( Exp. Date L, Exp Date 6 It (Jl' Exp Date C. ! I lit) Exp Date Lf Exp Date I , Provided $ I ~ I L- Provided $ Provided $ Provided $ I l\I\l L L I 1 , Exp Date 61, l'" Exp Date " ~Yes No Provided $ Provided $ Exp. Date Exp. Date Provided $ Exp Date_ ~Yes ~Yes No No /Yes No - Yes ,/No - Yes No - Yes No - Yes No ~Yes No ~~y -LYes No \/'Yes No ~\~ _LL._yes No Mf~ ~Yes No \/Yes - No vi Yes No ~Yes No ~ RevIewer ImlIa]s: Date: II r 04-COA-0 0301 22 Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? RLS# O'f- fJ~e.- 6'f3S3 1.6E3 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: SfJEe- l iluIU [bNTR..M"rfPc, ) (AJ(!, ~ ,...r( 6 ~1J..'i- Entity name correct on contract? Yes ~No j)1~~~t"fJ~ fAVfC.. Entity registered with FL Sec. of State? .~Yes - No Insurance Insurance Certificate attached? ~Yes - No Insured registered in Florida? /Yes - No Contract # &/or Project referenced on Certificate? .-J/_Yes - No Certificate Holder name correct (BCC)? ~Yes - No Commercial General Liability Provided $ ~ MtL bit 11f) General Aggregate Required $ I MIL- Exp. Date Products/CompVOp Required $ Provided $ II Exp. Date t/ Personal & Advert Required $ Provided $ I IV\L l.. Exp. Date 1./ Each Occurrence Required $__ Provided $ Z. Mol L. Exp. Date L.r Fire/Prop Damage equired $ Provided $ tOO) DDO Exp. Date L, Automob. iability 'It rID Bodily Inj & P p Required $ lMIL.- Provided$~~ Exp Date Wor ers Compensation Exp Date C. /1 ! I~ Each accident Required $ .ff(/t:(. Provided $ 1 MlL Disease Aggregate .Required $ L\""lt~ Provided $ L I Exp Date ~ / ~. ~ . - $ , , Exp Date I , ~)~/3-)17J lL Exp Date 6/, /'" Exp Date " _~ Yes No b 4~1~ $ Exp. Date $ -~~- Exp. Date ::;;~= Provided $ Exp Date_ ---L Yes - No cJ-. ~ tJVl. /~ ICL(sC i ~Yes - No ~ /Yes No Yes ~No j) {;U~ vU~ t?YJ Yes - No cXM2~~~~k - -- Yes - No -- Yes No ~} .~~V#OI- vU1~ r:jj.L ~ --L Yes No ~~~ -L Yes No vU~ t?)1 ~ r yiW- v_ Yes - No ~Yes No ~~ ~, .... ~_ Yes - No V Yes No ( v-Yes - No ~~ ~Yes No ~ Reviewer Initials: Dale: 8 if 04-COA-O 0301 22 -. ----.,,~. - -- A G R E E MEN T 09-5216 16E3 for Annual Contract for Painters THIS AGREEMENT is made and entered into this 15th day of September, 2009, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Spectrum Contracting, Inc., authorized to do business in the State of Florida, whose business address is 3530 Kraft Road, Suite 100, Naples, Florida 34105 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on September 15, 2009 and terminating September 14, 2011. This contract shall have two (2) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two firms to be pre- qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to provide complete services for Painting work on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5216 and the Contractor's proposal, which is incorporated herein 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 obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement. For work with a value of less than fifty thousand dollars ($50,000), one (1) quote will be required. For work with a value of more than fifty thousand dollars ($50,000), all Contractors awarded an Agreement shall be quoted. The County reserves the right to bid work in excess of fifty thousand dollars ($50,000). The Contractor shall provide written "not to exceed" estimates on all projects except on emergencies and on-call repairs. This estimate shall either include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and number of calendar days required or lump sum amount for project completion. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Contractor shall apply for all permits within five (5) working days from the date the Purchase Order issued. Page -1- - 0' ~_,. .__..~~__. _.~".~.",..._-"-,--.... ....-...-.-. _M"'.',__, .,..._",.... .__,_.."_~._.m.~..'..._,.._"...,"___ 16E3 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. 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: Robert D. Valentine, Executive Vice President Spectrum Contracting, Inc. 3530 Kraft Road, Suite 100 Naples, Florida 34105 Telephone: 239-643-2772 Facsimile: 239-643-0693 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. Page -2- .-- ----_._..~,._;..~,..."-----"..,"'".,------, --- ~'"'-_.~,,,..,,-~- " -'_.'--","--'~"'.,,~-~ 16E3 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -3- ~,. .........-, ...~-,. ._.. """-'-"-'-~-",,,.~ '\iIiIlr 1IIl1"illl"'" "_...-',....".~",..~",,."..,~.,,~---.... --";,,,~-~,",--...- ..-"'......,.'"__..~,.__. _....________.u.,_'"'_,.""_.,'"~_~____~...=. 16E3 ~ 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days. Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." 13. PAYMENTS WITHHELD. Owner 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 Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. Page -4- .........,...-."._._'u..."_x_.,,.""_~.._~"^.,._'" .""- _""__,..-_,,,..,-.-_" - -___...._,._.~_".,."..~_"_.n...~'__.'_~__,..__... 15. CONTRACT TIME AND TIME EXTENSIONS. 16f3 A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. Page -5- 15. CONTRACT TIME AND TIME EXTENSIONS. 16[3 A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. Page -5- ,_._, "_"<eM_~_',____,_ ,i t; 1:- 3 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. S. 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. Page -6- >,.~--,.-_._-..,-,-" - ._ .__,".,__~..,.. ,~~..c.,~~....,",~.~~.....~__"~""",,~_~~' .- -.-..... .~--._"~~- 16E3 c. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner review the Work. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall so advise Contractor in writing and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall approve Contractor's final invoice. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the Purchase Order date. Contractor shall commence the work within five (5) calendar days from the Purchase Order date. No Work shall be performed at the Project site prior to the Purchase Order date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not finally completed within the time specified in the Request for Quotation. Should Contractor fail to finally complete the Work within Page -7- .~-.'-"-~ - , ~ . -""~""""-"""" '."''''.''''.'~'''' " " ~,___"~_w"".__ the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until final completion is achieved. The Project shall be deemed to be finally completed on the date the Owner approves the Contractor's final invoice. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to finally complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5216, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page -8- ..~..~ -_.",-~_..~" ,""_,._"~~'",,,""...~~-".~',.,"-;.<..~-,,,.... ,--",~_.,-_...-~---,.,>"- ".-.'",.-..;".---- 16E3 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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 C9jNTY, FLORID~ Dwig -E. Brocl{', (;1 k of Courts . ,-.' k I~ " I., ... _I ' - I, -. , By: f~- '::://d.l:k. y. I <Q},' Donna Fiala, Chairman Dated: .' It1;fs.\J(~~J Ch. tr'MII , .1...... .., Spectrum Contracting, Inc. Contractor BY:~~ Signature Qu6+ .D. VQ\~-\\{\(u me Typed Signature r:=X:e~A.l~\J~/ \./tCC) Pre~~'lclt.d- S cond Witness Title zA0 firrz~ Type/Print Witness Name Approved as to form and Ie ,-en?~.l "'-.' County Attorney Iten, # lto 6"3 bel' SGfJII /? I~ ~'.,j:,{;.ja Q), )/P1 Print Name ' 'lie: I ~ Deputy Clerk Page -9- _'~':IIl/l.lL_' .;;Or ---_.,..~-_.".~.,-_.._..._.....~ 'I' ~'_'-"~'-""'~-. "'...--- 1 t r: ~~ i\_~i L ACORD~ CERTIFICATE OF LIABILITY INSURANCE 'U'~F~~l 08 14 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rooney Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5601 S. 122nd E. Ave" ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74146 Phone: 918 - 582 - 0565 Fax: 918 - 878 -33 88 , INSURERS AFFORDING COVERAGE ~-- -,~-~,,~~'------'--'-"---~ _._--_.._~-_._._~-_.~--_._~--~-_._- INSURED t~~URER A: ~_l~__~epuh~i~Gen.ra.~,_ Ins Corp 1~_~~RE~~~~~emnit~ Insurance~_ Spectrum Contracting, Inc. INSURER C: 3530 Kraft Road, SUJ.te 100 INSURERD: Naples FL 34105 --~-- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I L TR NSR[ TYPE OF INSURANCE POLl~;-NUMB~- -r~'i,;!~~ri~rJ'cf~E P8k~Cl(~*1;h'1t~N ' LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 2, 0 0 0 , 0 0 0 e-- LJAMAG~ 10 R~N A X COMMERCIAL GENERAL LIABILITY A2CG41040907 06/01/09 06/01/10 PREMISES(Eao~~':;~nce) $ 100,000 :=0 CLAIMS MADE ~ OCCUR - MED EXP (Anyone person) $ 5 , 000 PERSONAL &ADV INJURY $ 1,000,000 I--- --- e-- ~RALAGGREGATE ' $ 4,000,000 GEN'L AGGR:_EFxlGATE- LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 , 000, 000 ----, PRO- n I POLICY X JECT LOC ~TDMOBILE LIABILITY i COMBINED SINGLE LIMIT A X ANY AUTO A2CA41040907 06/01/09 06/01/10 (Eaaccldent) $1,000,000 r=----- e-- ALL OWNED AUTOS I BODILY INJURY $ X SCHEDULED AUTOS ' (Per person) r=- I f--- ~ HIRED AUTOS BODILY INJURY '. $ X NON-OWNED AUTOS (Per accident) I r=- ~ i PROPERTY DAMAGE $ i (Per accident) i GARAGE LIABILITY I: AUTO ONLY - EA ACCIDENT $ I ANY AUTO 'i OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE $ 10, 000 , 000 B ~ OCCUR D CLAIMS MADE 71CH000043 - 091 06/01/09 06/01/10 AGGREGATE $ 10,000,000 I - , $ I DEDUCTIBLE $ I RETENTION $ $ ,I w<.;srA1LJ- I 10TH- WORKERS COMPENSATION AND X ITORY LIMITS I ER EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE A2DW41 0 40906 06/01/09 I 06/01/10 EL EACH ACCIDENT $ 1, 000 , 000 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEEi $ 1, 000 , 000 : If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ 1, 000 , 000 OTHER ' I i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Contract #09-5216 "Annual Contract for Painters" Certificate Holder is included as an Additional Insured as required by executed contract CERTIFICATE HOLDER CANCELLATION COLL I ER SHOULD ANY OF THE ABOVE DESCRIBED PDLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board of County Commissioners Purchasing Dept/Admin Serv Div 3301 Tamiami Trail East Naples FL 34112 ACORD 25 (2001/08) @ACORD CORPORATION 1988 -"->._.~,..,~~..,, ~,.._""".~-'~'"'-"--"'-