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Backup Documents 02/10/2009 Item #16E 6 16E 6 MEMORANDUM DATE: March 31, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5146 "Handyman and Minor Carpentry Services" Contractor: Cali & Associates Enclosed, please find one (1) original, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, February 10, 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 252-7240. Thank you, Enclosures ITEM NO.: 01. ~ILC. 0 tI'51 FILE NO.: 16E 6 DATE RECEIVED: ROUTED TO: DO NOT WRITE ABOVE THIS LINE o :~;:; :D ':":~-..!..J -<,-J , .) ~rn ~~ REQUEST FOR LEGAL SERVICES .~ Date: March 25, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist .;:/, Purchasing Department, Extension 2667 V.-ru Re: Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Cali & Assocs. BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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. ~ \ ""'!>c \a ~ o\;:... \:... 0-.0"'0<:" ~ c\..u\.~ ~o ~c:..s.:-- 16E 6 MEMORANDUM TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist \ ~,:fr..- Purchasing Department ~ . March 25, 2009 DATE: RE: Review Insurance for Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Cali & Assocs. This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 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. (; ,J~\/ ~1E RE.CO\lEU ~., ,'/)j( JofVA. MAR 2 6 2009, . "f1Arld '/ RISK l'J;NAGEl'IE.N I J www.sunbiz.org - Department of State 16 tge ] ~2 Home Contact Us E-Filing Services Document Searches Forms Help er~vj!)l.J$ onl..,i!),.t N_~~_Q!1__Wst Betyrn To List Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corporation CALI & ASSOCIATES, INC. Filing Information Document Number L85070 FEI Number 650211006 Date Filed 06/29/1990 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 01/27/1992 Event Effective Date NONE Principal Address 5056 TEAK WOOD DR. NAPLES FL 34119 Changed 04/28/2007 Mailing Address P.O. BOX 7213 NAPLES FL 34101 Changed 04/11/2002 Registered Agent Name & Address NANCY A. MCGINNIS 5056 TEAK WOOD DR NAPLES FL 34119 US Name Changed: 04/25/2008 Address Changed: 04/25/2008 Officer/Director Detail Name & Address Title PO CALI, JOSEPH 5429 GUADELOUPE WAY NAPLES FL 34119 Title VPD MCGINNIS, NANCY 5056 TEAK WOOD DR NAPLES FL 34119 US http://www.sunbiz.org/scripts/cordet.exc?action=DETFI L&in~ doc _ numbeFL85070&inq... 3/17/2009 www.sunbiz.org - Department of State Annual Reports Report Year Filed Date 2006 04/25/2006 2007 04/28/2007 2008 04/25/2008 Document Images 04/25/2008 .::.ANNUAL REPORT 04/28/2007 =-ANNUAL REPORT 04/25/2006 ,,_ANNUAL REPORT 06/.09/2.005 -- Off/Oi! B.!,sianatiQ[! 04/26/2005 =-ANNUAL REPORT 04/27/2004 =-ANNUAL REPORT 04/27/2003 =ANNUAL REPORT .04/11/2002 -- ANNUAL REPORT 05/0-.1/2001 -- ANNUAL REPORT 05/.08/2000 =-ANNUAL REPORT 05104/199.9 =-ANNUAL REPORT OQ/21/1998 -- ANNJ"Ii\L REPORT Q~/08/1997 ,- ANNU&J~.E.PO~T 05/01LL9jl6 -- ANNUAL REPORT 05/01/1995.. AN!'JJ!AL REPORT View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format VieW image in PDF format View image in PDF format Viewimage in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. I Prev:iou~_Qn List N~~LQDJ"j~t Retl!rn_T!LLis! EVEtllt~ No Name History Horn., Contact us Document Searches f-Filing Services Forms Help Copyright and Privacy Policies Copyright <S 2007 State of Florida, Department of state. Page 2 of2 16E 6 Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action= D ETFIL&inq., doc.. number= L8S070&inq... 3/17/2009 16E 6 EXECUTIVE SUMMARY Ag~nja Ilem N'J.16E6 February 10.2009 Pagel of 4 Recommendation to award Bid No. 09-5146, "Handyman and Minor Carpentry Services" to BQ Concrete LLC; OneSource Construction Company and Builders, Inc.; Homescape Construction, Inc.; Spectrum Contracting, Inc.; and Cali and Associates, Inc" for handyman and minor carpentry services for an estimated annual amount of $70,000. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid No. 09-5146, "Handyman and Minor Carpentry Services" to BO Concrete LLC; OneSource Construction Company and Builders, Inc.; Homescape Construction, Inc.; Spectrum Contracting, Inc.; and Cali and Associates, Inc., for handyman and minor carpentry services for an estimated annual amount of $70,000. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance and repair of County owned and leased buildings throughout CoHier. Outside contractors are used by the Department of Facilities Management and other County departments to provide competitive and timely work associated with buiiding maintenance repairs such as door and window replacements, counter installations, siding repairs, and many other general contractor services. On October 28, 2008, formal bid invitations were posted and distributed to 535 contractors. On November 19,2008, bids from seventeen (17) contractors were received and opened, two (2) of which were considered to be non-responsive (see attached bid tabulation sheet). - Staff is recommending a multiple award by lowest bidder which was determined by a formula that encompassed hourly rates, and mark-up(s) on material and subcontractors. Contractors are to be utilized in the following order SO Concrete LLC; OneSource Construction Company and Builders, Inc.; Homescape Construction, Inc.; Spectrum Contracting, Inc.; and Cali and Associates, Inc. Through multiple award, department's will receive competitive quotes, as well as timely service. FISCAL IMPACT: Annual expenses for Handyman and Minor Carpentry Services total an estimated $70,000. Funds are budgeted under Facilities Management's operating budget cost center 001-122240. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, Is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval. and is otherwise legally sufficient for Soard action.-SRT GROWTH MANAGEMENT IMPACT There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners awards Bid No. 09-5146 "Handyman and Minor Carpentry Services" to SO Concrete LLC; OneSource Construction Company and Builders, Inc.; Homescape Construction, Inc. Spectrum Contracting. Inc.; and Cali and Associates Inc. for handyman and minor carpentry services for an estimated annual amount of $70,000. PREPARED BY: Damon Gonzales. CFM. Facilities Manager, Department of Facilities Management 16E 6 A G R E E MEN T 09-5146 for Handvman and Minor Carpentrv Services THIS AGREEMENT is made and entered into this 10th day of February, 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 Cali & Associates, Inc., authorized to do business in the State of Florida, whose business address is P.O. Box 7213, Naples, Florida 34101, (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 February 10, 2009 and terminating February 9, 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 five (5) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For on-call repair or emergency work, Contractors shall be contacted in the following order: BQ Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction, Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc. For new work estimates, all Contractors awarded this contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. 3. THE CONTRACT SUM: For on-call repair or emergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. For new work, the Owner shall pay the Contractor for the performance of the Work Page -1- 16E 6 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: Cali & Associates, Inc. P.O. Box 7213 Naples, FL 34101 Attention: Nancy McGinnis Phone: 239-455-3478 Fax: 239-455-4232 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- 16E 6 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: / A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. / B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,09JY.OOO for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional InsUred on the Comprehensive General Liability. / Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated Insurance coverage. Page -3- 16E 6 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. Page -4- 16E 6 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 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. Page -5- 16E 6 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. 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. Page -6- 16E 6 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall notify the Contractor in writing, recommending that on the basis of his Page -7- 16E 6 observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidavit Form, attached as Exhibit "B". (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. Page -8- 16E 6 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, ITB No. 09-5146, 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. 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. Page -9- 16E 6 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. ATT"'ST' ,,~,.'.. .....' C:.' ," \ ,,,,,v "'.j':~r ight E~;~f~Ck, . 'I~i€ t;lf Courts Dated: :3 _ -f. .i8.ea.I), . Attttt II CO ~a.. "- , 11gqtn OIf~, ~(w~~/Id(~ First Witness S~l[{'('roN J/uJJ. S?1/"fi--, Type/Print Witness Name ~5-1AAcr{tL S cond Witness ~' ~ d ( I~, ~i Typ /Print Witness Namk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORI9A _ '~ .;;1;& By: Donna Fiala, Chairman Cali & Associates, Inc. ~ Contra?1or By:,j [oi A-1Vl"I -"~' Signature (\0." (' '4- 0. (Y\ ~ L ,r, rh ~) yped Signature D\..<.)ne., J \/,:J Title Page -10- 16E 6 EXHIBIT A Hourly Rates and Mark-Ups Hourly Rate/Regular Business Hours Hourly Rate/Overtime or Holidays $37.00/hour $54.00/hour Percentage Mark-Up on Parts and Materials 20% Percentage mark-Up on Subcontracted Work 15% Page -11- 16E 6 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20_, by corporation. of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -12- 16E 6 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. 09-5146 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive: (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -13- (Signature) DATE: (Type Name and Title) 16E 6 EXHIBIT 0 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5146 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Ag reement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <--J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -14- 16 r- ... L 6 PRODUCER (239) 337-2221 - - --------- Lott & Gaylor Inc 2120 W. First St. FAX; (239) 337-4934 OA TE (MMlOON,", 1 ' 3/20/2009 THIS CERTlFICA TE IS ISSUED AS A MATTER OF JNFORMA T10N __ _ONL-Y-__ANQ___C.Q.N.E~_.NO __ RL~l.JeotJ _THE CEBTlFICA TE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXtEt'''-~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AI;ORD_ CERTIFICATE OF LIABILITY INSURANCE Fort Myez:~ FL 33901 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Evans ton Insura.nce Co 3'>3'7~ ~ Cali & A.ssociates Inc INSURER B American Fi.re & Ca.sua.lty 24066 ;/ PO Box 7213 INSURER C INSURER () Naples FL 34101 INSURER E THE POLlCIE:::; OF ItJSURANCE LISTED BELOW HAVE BEEN ISSUeD TO THE INSURED NAMED ABovE FOR THE POLICY PERIOD Ir~DICATE() tjOT\NITHS T':'[ !ell ;':. ':'[' RE':)UIREMEtJT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME~[f WITH RESPECT TO if.MICH THIS CERTIFICATE MAY BE iSSUED ,.)P M;:, ;;:'EF'T ~ ,I, THE InSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITions '.)F Sl'CH ;:"~,v~,E:;- .:,r C,F:FGAT'" UM-ITS ~HrW1'j ,,^V '_HVr::: or:::r:tJ RFnl-lrFn ov PAlnrl ^Iuc, ___ INSR AS,~'; TYPE OF INSURANCE POLICY NUMBER Pg}+~~~r::~~VE Pg~iJl~k~~tW?N LIMITS I "or" ~C"RR"NC" I, ~~~~~~J?E~~~Pence. Is MED EXP IAno one ""fSO'" - r$ A ~NERAL LIABILITY ...!..A-AMERClAL GENERAL LiABILITY X -t----J CLAII,~S HADE ~ OCCUR /' 000 V ^^, ,,'0 1,000, 100. S 1,000, ?OOO. ?OOO, DOC' OOC' CL090202136 3/13/2009 3/13/2010 B - - ~l AGGRE,QtI,E ~~~ A~ES PER X I POLICY I I JEer I I LOC ~UTOMOBILE LiABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS L HIRED AUTOS ~ NON.OWNED AUTOS GENERAL AGGREGATE ODe O.9~ 000 PRODUCTS" COMPIOf' AGG $ COMBINED SiNGLE LIMIT (Eaaccidenl) 1,000 DOC / BAA53655440 10/13/2008 10/13/2009 800IL Y INJURY (Per person) BODILY INJURY (Peraccidenl) !-- PROPERTY DAMAGE (Peracciclenl) ~RAGE LIABILITY iANYAUTO AUTO ONL Y - €.A. ACCIDENT $ OTHER THAN AUTO ONL Y €.A.ACC:$ Ar..r-~I=GATI= AGG $ , , , , $ ~ESSJUMBRELLA LIABILITY ~ OCCUR 0 CLAIMS MADE 'OEDUCTlBLE '] ~ETENTION ~ !WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ItyasCle"'f1bauna.1f SPECIAL PROVISIONS belo'N I OTHER i OESCRIPTlON Of OPERATIONSILOCA T10NSNEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENT/SPEC!AL PROVISIONS .- 10~DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM, IN ACCORDANCE WITH GOVERNI~STATUTES FLORIDA. ./ COLLIER COUNTY IS NAMED AS AN ADDITIONAL INSURED FOR GENERAL LIABILITY COVERAGES. BID- 09-5146 / HANDYMAN AND MINOR CARPENTRY SERVICES. c^ I I T"XfdT~.T,~-<: I IOJ~. EL. €.A.CH ACCIDENT E.L. DIS€.A.SE - EA EMPLOYE $ f..L. DIS€.A.SE - POLICY LIMIT 1 OF THE STATE OF CERTIFICATE HOLDER (239)732-0844 ATTN: DAMON GONZALEZ, COLLIER COtJNTY BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRL NAPLES, FL 34112 CANCELLA TlON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL to 30 DAYS WRITTEN NonCE TO THE CERTIFfCATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABrUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEHTA TWE ~~ ~~(' David Maxwell/KBW ACORD 25 (2001/08) ~ACORD CORPORATION 1988 IIJ <::n?" ,"'''0' "O~ A CORD,. CERTIFICATE OF LIABILITY INSURANCE r DATE (MMIDDfYYVY) 3/25/2009 PRODUCER Phone: 239-643-5502 Fax: 239-643-2466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tim Shaw Insurance Group Inc. ONLY AND CONFERS NO RIGHTS UPON THE CER!~~~~A~; _jofnl m:J? _IHlS__CERTlE1CAII= nnF~_...N.a.T AMFNn EXI 33Tinrporc purlJ:f1g-Rd-- ______n_ ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW. Naples FL 34104 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Michiaan Construction Industrv Il>>iNr< / Cali & Associates, Inc. POBox 7213 INSURERS: Naples FL 34116 INSURER C; INSURER D: INSURER E: 16E 6 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. IN:~ ~.l:!.'2.'~ _u____ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE , COMMERCIAL GENERAL LIABILITY ~~~C~~~OE~~~J~~ncel , 1 CLAIMS MADE D OCCUR MED EXP (Anyone person) , - PERSONAL & ADV INJURY , - GENERAL AGGREGATE , ~'LAGG~EnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG , POLICY ~~9,: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO (Eaaccident) - ~ ALL OWNED AUTOS BODILY INJURY (Per person) , ~ SCHEDULED AUTOS - HIRED AUTOS BQDIL Y INJURY , - NON-OWNED AUTOS (Peraccidenl) PROPERTY DAMAGE , {Per accident) ~RAGE LIABILITY AUTO ONLY EAACCIDENT , ANY AUTO OTHER THAN EAACC , AUTO ONL V: AGG , ~~SS/UMBRELLA LIABILITY EACH OCCURRENCE , OCCUR D CLAIMS MADE AGGREGATE , , R DEDUCTIBLE , RETENTION , , A WORKERS COMPENSATION AND We100 0010655 2008A 6/8/2008 6/8/2009 X 1-rV'j,C ,~TATU-~ I I OJ~- V EMPLOYERS' LIABILITY OOO/' ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $I 000 OFFICER/MEMBER EXCLUDED? EL DISEASE EA EMPLOYEE 'I 000 000 If yes, describe under E.L. DISEASE POLICY LIMIT $I 000 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS laID, 09-5146 / Handyman and Minor Carpentry Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier County Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 3301 East Tamiami Trail CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Naples FL 34112 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIYE,':') ,,5;f'(!/ C/~-7.{OC-L." .{.i!7Ll,'L ACORD 25 (2001/08) @ACORDCORPORATlON1988 16F 6 MEMORANDUM DATE: March 26, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #09-5146 "Handyman and Minor Carpentry Services" Contractor: OneSource Construction Enclosed, please find an original, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, February 10,2009. 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 252-7240. Thank you, Enclosures 16E 6 MEMORANDUM TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist J Purchasing Department ~ March 20, 2009 DATE: RE: Review Insurance for Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: OneSource Construction This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 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. OATE RECEIVED MAR 2 3 2009 RISK MANAGEMENT ~!(!l ~yc.:J ( '5 f7A {(! 1 16E 6 A G R E E MEN T 09-5146 for Handyman and Minor Carpentry Services THIS AGREEMENT is made and entered into this 10th day of February, 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 OneSource Construction Company and Builders, Inc., authorized to do business in the State of Florida, whose business address is 6325 President Court, Suite 3, Fort Myers, Florida 33919 (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 February 10, 2009 and terminating February 9,2011. 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 five (5) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For on-call repair or emergency work, Contractors shall be contacted in the following order: BQ Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction, Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc. For new work estimates, all Contractors awarded this contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. 3. THE CONTRACT SUM: For on-call repair or emergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. For new work, the Owner shall pay the Contractor for the performance of the Work Page -1- 16E 6 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: OneSource Construction Company & Builders, Inc. 6325 Presidential Court, Suite 3 Fort Myers, Florida 33919 Attention: George K. Chauvin, Jr. Phone: 239-415-8300 Fax: 239-415-8304 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- 16E 6 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 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. Page -3- 16E 6 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. Page -4- 16E 6 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 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. Page -5- 16f 6 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. 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. Page -6- 16E 6 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall notify the Contractor in writing, recommending that on the basis of his Page -7- ----""""',-~, 16E 6 observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidavit Form, attached as Exhibit "B". (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. Page -8- 16E 6 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, ITB No. 09-5146, 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. 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. Page -9- 16E 6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .,,' :0).;,. Dwi ht Efif.ock, Glerk'htcourts ;~ Attest as ~,.~~ , \ 19naturtOllI- Dated: ~ ype/ rint I ness Name ~a.~ Second Witness ~ .JUf)/Tf/ 1/, FENTLEY Type/Print Witness Name Approved as to form and le~~;cR j~1 Assistant County Attorney - 5~1J f( Print Name ~4~L , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: (' Jffi~. C\-'G\ )\11 (\ Typed Signature \fP3\A<?rrt Title Page -10- 16E 6 EXHIBIT A Hourly Rates and Mark-Ups Hourly Rate/Regular Business Hours Hourly Rate/Overtime or Holidays $30.00/hour $45.00/hour Percentage Mark-Up on Parts and Materials Percentage mark-Up on Subcontracted Work 5% 5% Page-11- 16E 6 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,20_, by day of of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the corporation. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -12- 16E 6 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. 09-5146 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amou nt $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER): (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professionai : Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATiON is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATiON is approved: By OWNER'S Project Manager Page -13- (Signature) DATE: (Type Name and Title) 16E 6 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5146 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be pertormed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, If any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -14- 16E 6 DATE iMWDD/YYY\ ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID MJ ONESO-4 03/11/09 :rHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 'JNU ll.ND CONFERS NO RIGHTS UPON THE CERTIFICATE etOLDE:" THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4..l TEP T HE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER oswald Trippe and Company, Inc p, O. Box 6013g Ft Myers FL 33906-6139 Phone: 239-433-4535 Fax:239-433-4148 oneS9urce Construction Co. & BU1.1ders Inc 6325 Presidential ct #3 Fort Myers FL 33917 INSUREP S AFfORDING COVERAGE ttid-continent Casua Essex Insurance Co, _;~~~~~_9'_",_':l___s:ons tructlon NAJC= J1SURe::. 23418 )1508 "'oue" 'UMaF" _M-:-:; GENERN.. LlAeII.,.T' 1 ,:.CC ],J C A X A U".F;~ 04GL0006i8619 Of ,- 3 06/25/0:1 i 100, OCC' x X Contractual Liabili , 1 oec, ':'J': , 2 000 DOC 2 00(' OO( ~\JT':)~(;BIi_E i..;ABI:...'T, t 1 000 OOC A X 04 GLO 0 0 6 7 8 619- Of, :2 ~l 8 06/25/09 ~. .. G.oF(1.GE L1AB"_!;, EJ::(ESSiUMBREli..;' LIABIUn B .. XMR29163 DE .2 ~, 8 06/25/09 1 000 c ....\)RV=~S (;OMPE~jS':'T1('N :">./C' EMP", >YEP5' :..t,l.BIUTY WCI00001216920Q9A fJ /29 9 03/29/10 000 000 000 000 DESCRIPTION OF" OPERATIONS i LOCATIONS I VEHICLES! ExCLUSIONS ADDEO 8\ EN6GR5~-:S';'F(J4: o,~1SI0NS Project: ITB #09-5146 Handyman and Minor Carpentry Ser'/ices Certificate bolder is named as additional lnsured w1th respects to General Liability only per Blanket Additional Insured Endorsement. *10 days notice of cancellation for non-payment of premlum CERTIFICATE HOLDER CANCELLATION collier County Board of county Commissioners 3301 East Tamiami Trail Naples FL 34112 COL33-0 1 "HCU,L,".' Of THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EXPIRAT10N :.,':'TE ~HF.""fOF, THE ISSU!NG INSURER '....ill ENDEAVOR TO MAil 30 * DMS ';','RITTEN n,)T(F'" "HE CERTIFICATE HOLOFR NAMED T) THE lEFT. Bur FAJlURE TO DO SO SHALL MF"/,f 'I J6L1GATlON OR UABILlT', :>F At.);. hiND UI"ON THE INSURER i-rs AGENTS OR qE~R!'i;;F -". ACORD 25 /2001108} @ ACORD CORPORATION 1988 .- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25(2001108) 16E6 MEMORANDUM DATE: April 3, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5146 "Handyman and Minor Carpentry Services" Contractor: Spectrum Contracting Enclosed, please find one (1) original, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, February 10,2009. 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.: 01. .....ptc.. - OIISL.- FILE NO.: DATE nr~- 'n .- \,i,: I ,-":'~- RECEIVED16 [ 6 ROUTED TO: '..-.J DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 26, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist ~ Purchasing Department, Extension 2667 U"V' ~ Re: Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Spectrum Contracting BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: ." ) Please forw rd...to.~~jgJ:Aignature after approval. If there are any questions concernin e do nt, please contact me. Purchasing would appreciate notification when the documents exit your office, Thank you. C: Damon Gonzales, Facilities Mgmt. ~. j 4/1/q ~ ~ ~ 4- (, lri( . ( MEMORANDUM 16f6 TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist ;I.)~ Purchasing Department 'Jr~' March 26, 2009 FROM: DATE: RE: Review Insurance for Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Spectrum Contracting This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 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 RECEIVE] MAR ~2 i 2009 "-4;':~~~.'~.r at? ~dz ;~i"7 C: Damon Gonzales, Facilities Mgmt. vYww,sunbiz,org - Department of State Page 1 oJ. 6 [ 6 Home Contact Us E-Filing Services Document Searches Forms Help Pr~yious on List Next onList Return To List Eyents N~meHJstory Entity N~me Search Detail by Entity Name Florida Profit Corporation SPECTRUM CONTRACTING, INC. Filing Information Document Number K51040 FEI Number 650425707 D~te Filed 12/13/1988 St~te F L Status ACTIVE L~st Event AMENDMENT Event D~te 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 VALENTINE, ROBERT D 3530 KRAFT ROAD SUITE 100 NAPLES, FL 34105 US Name Changed: 04/18/2008 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/scripts/cordet.exe?action= DETFIL&inCL doc _ number= K51 040&in... 3/17/2009 v,ww,sunbiz,org - Department of State VALENTINE, ROBERT D 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Title V WILSON, TERRY M 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 US Title V SPADORCIA, JAMES 3530 KRAFT ROAD SUITE 100 NAPLES FL 34105 Title V BALDI, RICHARD 3530 KRAFT ROAD SU ITE 100 NAPLES FL 34105 Annual Reports Report Year Filed Date 2008 03/03/2008 2008 04/18/2008 2008 12/22/2008 Document Images 12/22/2008 ~ ANNUAL REPORT 04/18/2008 -- ANNUAL REPORT 03/03/2008 -- ANNUAL REPORT 06/21/2007 -- ANNUAL REPORT 04/07/2006 -- ANNUAL REPORT 03/25/2005 -- ANNUAL REPORT 08/11/2004 -- Amendment 04/02/2004 -- ANNUAL REPORT 03/06/2003 -- ANNUAL REPORT 08/20/2002 -- NameCh.nge OS/23/2002 -- ANNUAL REPORT 03j2Q/20Ql,~ANN UAL_REPORT 01129L200Q" ANNUAU~_EPORT 02/20/199_9_,- ANI\iJ,J1\l_REPORT 02/24/199l)-",_ANNIJAL_ REPQIU 0:3/06/1997-= ANNW\L REpORJ 04/24/1996" ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT Page20f3 16 6 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. Pr~yJ9JULQrLL.1$_t Ne~lpn__l",l$t Return To List http://www,sunbiz.org/scripts/cordet.exe?actiOlFDETFIL&inCL doc __ number=K51040&in... 3/17/2009 ',ww,sunbiz,org - Department of State Page 3 of3 Events N~me History 16E6 E:nlity NameS~arch I Horne Contact us Document Searches E~Flling Services forms Help Copyriqht and Privacy Policies Copyright (F) 2007 State of f'larida, Depart'nellt of Stale. http://www,sunbiz,org/scripts/cordet.exe?action=D ETFIL&inCL doc _ number=K51 040&in,.. 3/17/2009 for 16f6 A G R E E MEN T 09-5146 Handvman and Minor Carpentry Services THIS AGREEMENT is made and entered into this 10th day of February, 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 1 00, 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 February 10, 2009 and terminating February 9, 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 five (5) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For on-call repair or emergency work, Contractors shall be contacted in the following order: BQ Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction, Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc. For new work estimates, all Contractors awarded this contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. 3. THE CONTRACT SUM: For on-call repair or emergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. For new work, the Owner shall pay the Contractor for the performance of the Work Page -1- 16[6 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: Spectrum Contracting, Inc. 3530 Kraft Road, Suite 100 Naples, FL 34105 Attention: Brian Weber Phone: 239-643-2772 Fax: 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- 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person~o ~!n6,y 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10, INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B, Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. 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. Page -3- 16E6 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 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- 15. CONTRACT TIME AND TIME EXTENSIONS. 16f6 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 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. Page -5- 16f6 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. 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. Page -6- 16f6 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall notify the Contractor in writing, recommending that on the basis of his Page -7- observations and inspections, and the Contractor's certification that the completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: Work ~l~'n6 (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidavit Form, attached as Exhibit "B". (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. Page -8- 16E6 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, ITB No. 09-5146, 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. 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. Page -9- 16[6 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. ",:\rr'r, '. . \'.~. 'I' ~:..I t;J'f.- ." ,,; .' .' "., ,,;<~, ATTEST: .; . ..,.~'~., DWi9htE.,:arQ(:k;'~I,er~;" ,,' f : Ci',' ourt\. (.\ ,L ,,. , , r?\ . ,;, (fuJ~ ,~ C , f;> CL9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By (#,-- d,,~ Don a Fiala, Chairman Dated: Seal) Attest as to I.h41rll4ll , t11J1l1ttn 0111' ~d I First Witness - Spectrum Contracting, Inc. Contractor By: ~,Pv6~- L Signature . Terrv M. Wj.lson T~nt W~tnes~Jme " YAJ!;{ Second Witness Robert D. Valentine Typed Signature Executive Vice President Title JlmlS 12, to /C':';(fV] Type/Print Witness Name Approve legal su ney ~. ~ '1h I Item# lbE~ Page -10- EXHIBIT A Hourlv Rates and Mark-Ups 16E6 Hourly Rate/Regular Business Hours Hourly Rate/Overtime or Holidays $38.00/hour $57.00/hour Percentage Mark-Up on Parts and Materials 12% Percentage mark-Up on Subcontracted Work 5% Page -11- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16[6 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seall STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,20_, by day of of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the corporation. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -12- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16E6 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE Bid No 09-5146 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due: (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -13- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16E6 CHANGE ORDER NO. CONTRACT NO. 09-5146 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly. the Contract Time is now L-..J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be periormed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein. including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -14- ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOrYYYYj 11/19/2008 FRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION Tanenbaum-Harber Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7108 Fairway Drive, Suite 310 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach Gardens, FL 33418 516-799-1337 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Old Republic General Insurance Corp. ::1,4-11,4 Spectrum Contracting, Inc. INSURERB: Everest National Insurance Company liJl1-D 3530 Kraft Road INSURER c: Suite 100 INSURER 0: . Naples, FL 34105 INSURERE Client#' 30183 KRAFTCONS 16E6 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. TYPE OF INSURANCE POLICY NUMBER PoOA~~~ri~f6WJli\E POLICY EXPIRATION LIMITS "" NSR DATE MMIDDIYY A ~NERAL LIABILITY A2CG41 040806 06/01/08 06/01109 EACH OCCURRENCE $2 000 000 / 2L OMERC1AL GENERAL LIABILITY DAMAFE I9r::~ENT~D n~\ '100 000 - CLAIMS MADE ~ OCCUR MED EXP (Anyone person) '5000 - PERSONAL /l, AOV INJURY .2000 000 - GENERAL AGGREGATE ,4 000 000 ~'L AGG:ErilE LIMIT AP~SIPER: PRODUCTS. COMPIOP AGG '4000000 POLICY X ~~gT X laC A ~TOMOBILE LIABILITY A2CA41 040806 06101/08 06/01/09 COMBINED SINGLE LIMIT ,/ ;2L ANY AUTO (Ea a~~idenl) '1,000,000 >- ALL OWNED AUTOs BODILY INJURY . SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BODilY INJURY (Peraccidenl) $ 2<- NON"OWNED AUTOS PROPERTY DAMAGE . (Peraccidanl) ==r~GE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAAGC . AUTO ONLY: AGG , B ~~SSIUMBRELLA LIABILITY 71R4000186081 06/01108 06/01109 EACH OCCURRENCE '10000000 X OCCUR 0 CLAIMS MADE AGGREGATE .10000000 $ =1 ~EDUCTlBlE , RETENTION $ . $ A WORKERS COMPENSATION AND A2CW41040805 06/01108 06/01/09 X 1_ WC STATU., j IOJ~ EMPLOYERS' LIABILITY ,1,000,000 ./ ANY PROPRIETORJPARTNERIEXECUTIVE E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED" E.L.DISEASE- EA EMPLOYEE .1,000,000 If yes, descfibeullder .1,000,000 SPECIAL PROVISIONS below E.L.DISEASE . POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADOeD BY ENDORSEMENT I SPECIAL PROVISIONS Bid No 09-5146, "Handyman and Minor Carpentry Services", Collier County Board of County Commissioners is included as an Additional Insured as required by written contract. Indemnification: To the maximum extent permitted by Florida Law, The ContractorNendorfConsultant shall indemnify (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County - , DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ...3JL DAYS WRITTEN Board of County Commissioners NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples, FL 34112 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~ y1~ ACORD 25 (2001/0B) 1 of 3 #S96536/M70599 T4109 @ ACORD CORPORATION 1988 i6f6 IMPORTANT , , If the certificate holder is an ADDITIONAL INSURED, the poJicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). jf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the cDverage ,afforded by the policies listed thereon. ACORD 25~S (2001108) 2 of 3 #S96536/M70599 16!E6 - DESCRIPTIONS (Continued from Page 1) ao.,d hold hannless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, Including, but not limited to, reasonable attorneys fees and paralegals fees to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. AMS 25.3 (2001/08) 3 of 3 #S96536/M70599 Patricia L. Morgan 16t:.O From: Sent: To: Cc: Subject: Attachments: DeLeonDiana [DianaDeLeon@colliergov.nel] Tuesday, October 05, 2010 2: 11 PM Patricia L Morgan Wood, Lyn FW: 09-5146 Handyman & Minor Carpentry 09-5146 Handyman #1 (Speclrum)pdf; 09-5146 Handyman #1 (BO Concrete).pdf Pat, please see attached two amendments. Thanks, DD From: DeLeon Diana Sent: Tuesday, October 05, 2010 1: 17 PM To: LinguidiDennis Cc: LynWood; ReavesBrenda; Bonnie L Baer; erickson_becky Subject: 09-5146 Handyman & Minor Carpentry Dennis, Attached is Mod 1, Amend 1, to the contract with Spectrum & BQ Concrete. Thanks, Diana De Leon Purchasing Dept (239)252-8375 'i',.:I"': r:klrkia tel\". ,-,-1110i, dddres~;<"> .lIf' jJulJlic IP(:OI(js if YOli du 1101 Vidll( \i<)W t'11:d :Jddress 1,:ILil"t'J ill WSporh8 10 d public f,~C()I'd~; requ(-::,,1 ;j,) i!,\1 ',d1(i elt:(;11CPIC nnii 10 trw, entity. Instead (,jrlli-JC! nils uftice by :e:,;;ph<iiJ(! 1)1 ,I: \;iii!lnq 16E b CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Handyman and Minor Carpentry Services PROJECT #: N/A_ PROJECT MANAGER:_Damon Gonzales_ BIDIRFP #: 09-5146 MOD#: 1 PO#:_N/A WORK ORDER #:_N/A DEPARTMENT: Facilities I-Original Contract'Amou-nt";"" I Current BCC Approved Amount: __~ONTBA~I()R1FIRM ~",E:Spe<:tr~",c;,,~tr'!C.!inJlL!n~:_ $ N/A (Starting Point) $ NIA (last Total Amount Approved by the BCC) Current Contract Amount: $ NIA (Including All Changes Prior To This Modification) Change Amount: $ N/A Revised ContractIWork Order Amount: $ N/A (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ N/A Date of Last BCC Approval_2/1 0/09 Agenda Item # _16E6 Percentage of the change over/under current contract amount_O Formula: (Revised Amount I last BCC approved amount)-1 % CURRENT COMPLETION DATE (S): ORIGINAL: 2/9/11 CURRENT: 2/9/11 This change order will: 0 Add a new Task for $ o Increase Task Number by $ Other Describe the change(s):_Amend the contract so that only one contractor must be quoted per job and limit jobs to $50,000 or less. Specify the reasons for the change(s) x 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: _Since projects are limited to $50,000, it is unreasonable to require quotes from more than one contractor. This change was requested by: nContractorlConsultant x Owner rl Using Department r CDES LOesign Professional nRegulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: X Yes r No This form is to be signed and dated. APPROVED By-~4Y#:?lty:7 RroI"'~","O' ,t' REVIEWED BY: " '-.c y\ i,l t.!, I pecialist Date: /{l~~~~ / t/$fC" I Date: Revised 6 18 09 EXHiBIT A~l Contract Amendment 1 09~51"6 ~ UHnnclyman and Minor Carf)entry Services" This amendment, dated __,_",,~~ ) -<:'_'~'"i- t i ~, ,". ~ 2009 to tile referenced agreement shall be by and between the parties to the original Agreement, Spectrum Contracting, Inc. (to bc referred to as "Contractor") find Colher County, Florida, (to be referred to as "Owner"), 16E6 Statement of Understanding RE: Contract # 09-5146 - "Hand)'man and Minor Carpentry Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: Wnrding.dclctcti nr~ shows as struck H'H'O~h..~.oI!.!.!.ng,lldtied is shown f1':U.l!!gcdinco. ~~.':ti.,?~~ ~~ "S~a.l.~n}~_I~!OJ W (I~~ ,p,~~flg~~pl"\.~" ,s~~.1.l. ~,?" ~h~~g~_~_ ~,~ .r~!lo~y'~: ,,_ [Deteted.1 ~ for new work eSlimatc~.. ~;oullty dcpnrt!I.1~n~~ -'Q2-f\'y ~hy r!{,:ht t~ 9,~!!!jf!,_gJ\9!~~)19m o0:'?~ I) or mar$... tha!LillW" of the a\\'[lrd~(tClli:l1rm;,tQI~".N() slnl1lc lob Ul~xcce~Iu't): thollsund dollRli($20 OOO:.Q.Q) The Owner shall provide a summary of Work to be performed which will afford the Contractorls} the opportlmity to submit u formal q\lotation for the new work. The Contractor(sj shall respond with the information sought within seven (7) working days, A purc1mse order will be awarded to the lowest, responsive and responsible quater. . [D~"i;t;;d:^ all Contractors Iwardw thi, .C_o.l(t~~~l will be qUOl~ , All other lerms and conditions of the agreement shall remain in force, IN WITNESS WHEREOF, the Contmctor and the County have each. respectively, by an authorized person or agent, hereunder set their hands Ell\d seals on the date(s) indicated below. Accepted: 'Ypf!"qe,/~e If" _.2009 B)':.I5')/~ OWNER: BOARD OF COUNTY COMMISSIONERS OF COLI:['R COUNT~Y/L .IUDA.. ,4 ~ B)': 1/" j' ..7.z:"'",~/fz:_ Damon Gonzales, hOjec Manar . CONTRACTOR: Spectrum Contl'acting, Inc. \~(?'2, \/r." ~N..:t::r 1'1 C Type Name and Title VP DEP^.I~..EN"(lIRECTOR B)':b~..~~~ - :skipCm p CONTRACT SPECIALIST B)'-c.ci<,,, jli fe: ,:'1[r\ L)'n ";I'Wood . , 09-5146 - Amendment #1 16E6 MEMORANDUM DATE: April 21, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #09-5146 "Handyman and Minor Carpentry Services" Contractor: B.Q. Concrete, LLC Enclosed is an original contract, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, February 10,2009. The Minutes & Records Department has held an original copy for the Board's record. If you should have any questions, please contact me at 252-8406. Thank you, Enclosure (1) ITEM NO.: Dq /.p~- {){ /ld;/ 'll",.n:'A"1'" A._ \.)1 I 't"'! '~.R'A'rE'.TT- .. L .L ..1'...)<. JJ tL>>\ Ii : : I - 'LELQ FILE NO.: :--: : 6 r, -~- : (j 2 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 13, 2009 To: From: Office of the County Attorney Jeff Klatzkow Lyn M. Wood, C.P.M., Contract Specialist /::1 Purchasing Department, Extension 2667 (~ Re: Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: BQ Concrete BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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. 4 [I f f1 ~. 1",,~ Jc.'IiIt ('c::," __. 16 E 6 ('\")/ ' .' !\(!-: ~:,'t.\rFlr:: MEMORANDUM . ^ TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist )/.. Purchasing Department U~ FROM: DATE: April 13, 2009 RE: Review Insurance for Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: BQ Concrete This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 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 APR 1 4 2009 RISK MANJlPEM9<< .1 IPr/N< ~~. t, ~y 1;/:}1 RLS# CHECKLIS FOR REVIEWING CONTRACTS ~, I) . l11"\.( "t-t. Entity Name: ; Entity name correct on contract? Entity regi,tered with FL Sec. of State" '.~~J-' . ,,:kt " Insurance Insurance Certificate attached? In>ured regi'tered in Florida? Contract # &Ior Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $__ Products/Compl/Op Required $__ ___ Perwnal & Advert Required $ Each Occurrence Required $Ji.j[:'_~_~~ Fire/Prop Damage Required $ _____. Automobile Liability . ) Bodily lnj & Prop Required $J.:wd._ _. Provided $ I r.l'v;jJ Workers Compensation Each accident SL.- Required $J,..~'l !)3L Di,ea,e Aggregate Required $_~__ Di,ea,e Each Empl Requirr,d $ Umbrella Liability . ^ Each Occurrence \ I r+- Provided $ _ _ ___ Aggregate ~. Provided $______. ____ Doe, Umbrella ,ufficiently cover!any underi ,ured portion? Professional Liability ,~ Each Occurrence Required $ ! Ii Per Aggregate Require $ Other Insurance I I 4- Each Occur Type: . I' Provided $ Provided $ Provided $ Provided $ Provided $ f I"U Provided $ (; c'?/!! [)2J~ Provided $ I {>'!'."> ~'}i7; Provided $ (,oj' .:?/~" ! Provided $___ ____ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party" Performance Bond .. Bond requirement referenced in con~ract? .. i1.,. If attached, expiration date of bond _L Does dollar amount match contract? Agent registered in Florida? I Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number ofwitnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney', ,ignature block? .._~:~ // t Yes ---:7"- Ye, -----f- ;./ Ye, ",/ Yes Exp. Exp. Exp. Exp. Exp. Exp Date Exp Date Exp Date Exp Date Exp Date ____ __ Exp Date _____ Ye, Exp. Date Exp. Date Provided $ Yes Ye, Ye, Ye, Ye, Ye, Ye, Ye, Ye, Ye, Ye, Attachments Are all required attachments included? Ye, Ye, Yes Ye, No No No No No No Date Date Date Date Date ,- 7,!7l'l( c>7 Ie lj 6)/!z&/L' No 16E6 Exp Date_ No No ---------,L-No No No No No No No No No No No No No Reviewer Initials Date: 04-COA-O I 030/222 viww.sunbiz.org - Department of State p:r6 !2 6 Home Contact Us E-Filing Services Document Searches Forms Help Previ.Q1,.!~_QnJ"I$J Next on List Return To_ List IOvents No Name History Entity Name Search Detail by Entity Name Florida Limited Liability Company BQ CONCRETE, L.L.C. Filing Information Document Number L05000073794 FEI Number 203251088 Date Filed 07/27/2005 State F L Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/30/2006 Event Effective Date NONE Principal Address 48 WICKLIFFE DRIVE NAPLES FL34110 us Mailing Address 48 WICKLIFFE DRIVE NAPLES FL 34110 US Registered Agent Name & Address QUARLES, BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Manager/Member Detail Name & Address Title MGRM QUARLES. BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Annual Reports Report Year Filed Date 2006 11/30/2006 2007 07/16/2007 2008 01/24/2008 Document Images 01/24/2008 -- ANNUAL REPORT View image in PDF format http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=L05000073 7... 3/17/2009 www.sunbiz.org - Department of State Page 2 01'2 16E6 07/16/2007 -- ANNUAL REPORT 11/30/2006 -- REINSTATEMENT 07/27/2005 -- Florida Limited Liability View image in PDF format View image in PDF format View image inPDF format II Note: This is not official record. See documents if question or conflict. I Previoul>.Qn_bi~t l'l..!'xt on Lilit BeJum ToJ,llit Ev.!'.otli No Name History Entity Name Search Home Contact us Document Searches E-Filing Services Forms Help CODVri9ht and Privacy Policies Copyright Ii) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc.. number=L05000073 7... 3/I 7/2009 A G R E E MEN T 09-5146 16E6 for Handvman and Minor Carpentrv Services THIS AGREEMENT is made and entered into this 10th day of February, 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 B.Q. Concrete, LLC, authorized to do business in the State of Florida, whose business address is 48 Wickliffe Drive, Naples, Florida 34110, (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 February 10, 2009 and terminating February 9, 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 five (5) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For on-call repair or emergency work, Contractors shall be contacted in the following order: BQ Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction, Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc. For new work estimates, all Contractors awarded this contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. 3. THE CONTRACT SUM: For on-call repair or emergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. For new work, the Owner shall pay the Contractor for the performance of the Work Page-1- 16E6 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: B.Q. Concrete, LLC 48 Wickliffe Drive Naples, FL 34110 Attention: Buddy Quarles Phone: 239-272-7320 Fax: 239-594-5351 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- 16E6 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 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. Page -3- 16E6 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount: (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. Page -4- 16E6 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 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. Page -5- 16E6 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. 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. Page -6- 16E6 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall notify the Contractor in writing, recommending that on the basis of his Page -7- 16E6 observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidavit Form, attached as Exhibit "B". (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. Page -8- 16E6 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, ITB No. 09-5146, 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. 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. Page -9- 16E6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts il!!LL~ By: ,;' J ". " OL. Dated: ~yt:''U';'' ~ ..(Silo.... i . AtU"'" " '.. .\' ,... ,t.. ~..~.:.; C :;i 1\1\ 1\.Jt'1 L4ILHIl _ ({ i. tfJ,~jJ_e.V First Witness . M(\(I~J{ M. UU(H les Type/prt Wit'(es,s Name ~~ ~1\Yii,1\ / Se. nd Witn~ !, 1\ - ~ ,,' tv~ (ceer,liVlQ Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER C~NTY, FLORIDA III J - ;,~~ c:::;1; 4 ~ Donna Fiala, Chairman By. B.Q. Concrete, L Contractor By: 81\CIct'l J - Q/.,\(lr Ie s Typed Signature Pr{Stc\eVl+ Title Page -10- Item# I (" ~(p Agenda '1 r' f\ -r-a Date ~\ 16E6 EXHIBIT A Hourlv Rates and Mark-Ups Hourly Rate/Regular Business Hours Hourly Rate/Overtime or Holidays $17.50/hour $26.25 /hour Percentage Mark-Up on Parts and Materials Percentage mark-Up on Subcontracted Work 15% 10% Page -11- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16E6 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,20_, by of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the corporation. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page-12- 16E6 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE Bid No. 09-5146 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _0/0 after [insert date] $ Percent Work compieted to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive: (2) titie to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER): (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shail, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved By OWNER'S Project Manager: Page -13- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16E6 CHANGE ORDER NO. CONTRACT NO. 09-5146 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly. the Contract Time is now (-> calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page-14- Mar.31. 2009 12:WM PARLIN INS AGENCY 239-263-8696 Policy Numbe" 8090002256 No. 56151 ~ 112"1 L Data E"re~5"'/W, CERTIFICATE OF LIABILITY INSURANCE I DATi; (1I'l"'/I)I)NYYY) 3/31/2009 PItODUC~Ft. PArlin Insurance Ageney THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PO aox 366697 Bonita Springs, I'L 34136 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 24520 Production Cr., #4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENll OR Bonita Springs, rL 34135 ALTER THE COVERAGE AFFORDED BY THE POLICII:S BELOW. Phon.: (239)263-3141 Fax: (239) 263-8696 INSURERS AFFORDING COVERAGE NAIC# IfIISUA.f:O BQ CONCRETE INC. IN$IJRER A:NOR'rHPOINTEl INS. CO. BUDDY QUARLES INSURER B: 48 WICKLIFFE DR. INSURER c: NArLES, I'L 34110 INSURER 0; ..L INSURER E: COVERAGES THE POLICIES OF INSUR.A.NCE LISTED BELOW !-lAVE BEEN ISSUED TO THE INSURED NAMEDABOVI?: I=OR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOITrON OF ANY CONTRACT OR OTHER, DOCUMENT WITH RESPf:CI 'TO WHICH THIS CERTfFICA.TE MAY BE ISSUED OR MA.Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER!::IN IS SUBJECT TO A1.L THE TERMS, EXCLUSIONS AND CONDITIONs OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INliI~ ADD' f'OLICYE f1iCTNi POLICY IiKPJftATlON POLICY NUMIU!R LfMlT5 1lII'N.ERAl UAIULITY EACH OCCURRliNCE $1,000,000 A X Xl. COMMER.CIAL GENERAL LIABILITY 8090002256 3/28/2009 31'8/2010 AM'- E RENTED $100,000 ~enCll I CLAIMS MADE [2{1 OCCUR MEOEX:p(Anyonepersonl ,5,000 2S, LIMITS ARE AS PERSONAL & ADV INJuRY ,1,000.000 OF INCEPTION UENERALAGGREGATE .,2,000,000 r- ,$2,000,000 ~'L AeO~ne: LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY ~~2,: n lOC AUTOh'lOBILE lIA!llllT'f COMBINE.D SINGLE LIMrr r , ANY AlfTD (EQ~Id"nO - - ALL OWNED ,AUTOS 130DILYINJURV (Perp!HS,;m) , - 8CHEDULEDAUlOS - HIRED AUTOS flODILYINJURY N(JN-OWNi:D AUroS {P"'(ilccid"'lll} . - - F'ROPEfHY DAMAGE , (Pl'lraccldMtj GARAGE!.llAlIllITY AUTO ONLY. EA ACCIDENT , R AJo.JY AUTO OTHER THAN EAACC , 11IJTO ONLY; AGO . EXCESS / UMaRELLA UAElILlTY EAOH OCCURRENCE ;l{OOO,OOO A ~ OCCUR 0 CLAIMS MADE 09-0128 2/20/2009 3/28/2010 AGGRE.GATE , . 8DEDUen"'E , RETENTION . . WORKERS COMPENSATIOJr.! I we SrATU.J... ~OJ~- ANb liiMPLOl'liiifl8" LIABII-I'rY VIN ANY f'RQJ>R1ETORJPAArNEIVEXIO.ClJTlVS 0 H. E.ACH A.CCIDE.fIlT . OFFICER/MEMBER EXCLUDED? (lI'hmctllllry rn NH) E.L. DISEASE - EA EMPLOYEE , ~~~lit&~~~Vl~1b~S below E.L. DISEASE: _ POLICY LIMIT , O'rliE:R DiSCRIPTlON OF OPIiRATJDNJ I LOCATIOHSJ ViHICLES I iXCl.U9rONJ ADDED BY I!.NDORSI!MHNT J SP.ECIAl PROVISIONS CONCRETE CONSTRUCTION, MASONRY " FENCE ERECTION ADDITION~ ~NSURED: COLLIER COUNTY BOARD OF COMMISSIONERS r CERTIFICATE HOLOER CANCELLATION \ CQLL71ilR COWl"TY IilQARD 01i' C(R.WISSIONli:as eHOU'. ""y OF T." AOOV6 DE'CRT~ OE CANCElLED ..PORE TNE EXproAllON 3301 TAMIAMI TRAIL E_ CATE: THEREOF, THE IS5UlNCJ INSURER LL END~VOR TO MAJ~ bAYS W~ITTI!!N MOTICi TO THil CERTIFICATE HOLDER N ED TO THE!.lI!PT, BUT I"AJLUftl! TO bO so a...,ALl NAPLES, M.. 33957 II!!> NO. 085080 IMPOSE NO OBUGATJON OR LIAEllllTV OF Y KI~D UPON THE IN6lJRER. ITa MENTS OR FAX:252-6597 ATTN: DIANNA REPReSENTATNE& ~ AUTHORlll:ED REPRi5Ii.N~~ 0- , \" \ _7""- ....L DEEDRA WILLIAM ACORO 25 (2009/01) @1888-2008'AC RD CORPORATION. All right. ro..rv.d. The ACORD name and logo are registered marks of ACORD P(OduCMu~;ng FO<<rl$ Bo~s Plus BOI'tw.af/!l. .www.FolmsBCltsa.t.Ofr.I; lfr'lpre~!!;v'e Publi!!lling 600-208.1877 7f 4/112009 17:01 Lion Insurance LION INSURANCE COMPANY-+BQ CONCRETE16 E 16 [);Jt~ CERTIFICATE OF LIABILITY INSURANCE 4/1/2009 Producer: Lion Insurance Company This Certificate Is Issued as a matter of Information onlv and confers no rights 2739 U.S. Highway 19 N. upon the CertifIcate Holder. This Certificate does not amend, extend or alter Holiday, FL 34691 the coverage afforded by the policies below. 727 -938-5562 Insurers Affording Coverage NArC # Insured: South East Personnel Leasing, Inc Insurer A: Uon InsulClnce Company 11075 2739 U.S. Highway 19 N. InsurerS: Holiday, FL 34691 lnsurerC: InsurerD: lnsurerE: Coverages The policies of insurance listed below have been issued to lI'e Insured ~amej aboYefort~e policypenod indicated NotNi\l1standing anyr8quiremenl, term or concltlo, of any contract or othe.. document with respect to which th s certifiulle may be issued or may pwtain, the insurance 2ffordsd by the p:>licies descnbed hweill is suoject to all th~ !erms, eKclusions, and ,ondl:lons 01 SUetl poliues Aggregate limits shown mayhil'ie been re,juced by paldclalllls INSR A~DL Policy Nunber Policy Effective Policy Expiration Date Limits LTR I~SRD Type of Insurance Date (MM/OOIYY) (MMIDOIYY) ~ENERAL UABILlTY E:achOccurrence , L- D~mercial General Liability DamagE to'ented premises (EA L- Claims Made 0 Occur occurrenco) $ I- MedE.;p $ L- Personal Adv Injury $ General aggregate limit applies per: b Poicy 0 Project 0 LOC ':;eneraIAggregal8 $ Prodlcts - Comp/Op Agg $ IAUTOMOBILE LIABILITY '~Ollblne(j ;':;lrI]le _Imlt I- F.Ah_,;aJent) $ Arr-jAuto I- B(',dl~' IntUry AIIOwned,~utos L- (PerP~rson) $ Sc~",duled Autos I- Hired Autoc, BoJlylnJury L- !l'erACCld8r,t) $ L- NO'l--Own8dAutos I- PropelTyDarrage !PorACCldort) , EXCESS/UMBRELLA LIABILITY Eacl10ccurrcnco Rocm DClaillSMade Aggr8gate Deduchble A Workers Compensation and WC 71949 01/0112009 01101/2010 xlWCStatu- I 10TH- Employers' liability torvLimits ER Any proprietor/partner/executive officer/member E.L. Each Accident $l,OJO,OOO excluded? E.L. Disease - Ea Employee $1,OJ0,OO0 If Yes, describe under special provisions below. EL Disease - Policy Limits $1,().10,CiCiO Othe, lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operatlons/LocatlonslVehlcles/Excluslons added by Endorsement/Special Provisions: ClientID: 41-65-750 Coverage only applies to active employee(s) of Soutn East Personnel Leasing, InL that are leased to and working for the following "Client Company": B.Q. Concrete, L.L.C. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. REF BID # 09-5146, COLLIER COUNTY. FL' FAX: 239-252.6593 /ISSUE 04-01-09 (SO) B in Date 3 29 '2007 CERTIFICATE HOL.DER CANCEL.L.ATION COLLIER COUNTY Shouldanyofthe abo'ie described ~olicios be cancolled beforetlle expiration date thoreof. tte issuirtg IrtsurerwllI ertdeavorto ma 130 days wnnen notICe to tho cortJficate Mlder named to the left, bJ! failure to do so ~h311 impose r(I BOARD OF COUNTY COMMISIONERS ot;llgJUonorIIJbllltyofanyklnjuponth8msurN,115C1gontsorr0presenta~v8S 3301 TAMIAMI TRAIL &// ../~ NAPLES FL 34112 ~ 04/10/2009 14:44 3054431315 BORBOLLA INSURANCE 16A[ 6/02 CERTIFICATE OF INSURANCE XX AUSTA1& INSURANCE collllPAt.ly DAUSTATEINDEMNrfY COMPANY C1Al-LSTATE TEXAS LLOYD'S THIS CERTIFICATE 1$ ISSUED AS A M/&.TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEfI'., THIS cf!RTIFICATE DoES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEl,OW. CERTIFICATE HOLDER Name and AddresB of PartVtQ \M1om 1hi~ CertlflCl!lte is Issued Collier County Board of Commissioners Reference Bid No. 08-5080 NAMEDIN$UR~D Name and AddrMS of Im.ured BQ Concrete LLC 48 Wickliffe Dr. Naples, FL 34110-1332 TMi Is \Q lOeftify thllt plUclli!B of IMUrartce listed below hllve been Issued to I~ Insured named above $UbJE!CI: to tn. explrolltion dl!ll8 Indicated b&1oW. notwltttstendlng any raqulremen~ taml or condll:lon of any contract or other documBr'lt With respect to WI'1iCh thlij cl!!rtffica18 may be 19&~d or may pertain. the insurance Qfforded by thl!! pOlide$ described hBl"Bin is s\Jbject to all the tenn9, exclusions, and conditions or such pOIIOl.S. TYPE OF INSURANCE AND UMIT$ COMMERCIAL GENERAL lI^BILITY Polley Effeethr'e e~p1rf,lltlon Number Dale Date Limit Amount GENERAL AGGREGATE liMIT (OlhGr~n Products - Completed operaoons) $ PRODUCTS - cOMPL.r.:TED OPERATtONS AGGREGATE LIMIT $ p'RSONALANC AOVERTISING INJURY LIMIT S eACH occu~RENCE LIMIT S PHYSICAL DAMAGE LIMIT S ANY ONE lOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON wORKl!R:S' COMPENSATlON & POlie)l Effec~~ Expiration EMPLOYERS' LIABILITY Number Date Dati:! Cove' . Limits WORKERS' COMPENSATION STATUTORY - a liesonl InthE!fOIlO'Nln states: eMPLOYERS' BODIt.Y INJURY BY ACCIDENT $ EACH ACCIDENT LIABILITY BODIl.Y INJURY BY DISEASE I $ EACH EM'lOYEE eoolL.,Y INJURY BYCISEASE $ poLlCY LIMIT AUTOMOBILE uA91LITY Poliey Effeotlvo E~p\rlilUon Nl,lmber 048912427 0... 7/23/08 Date 7/23/09 Cover e Buls Limits CI ANY AUTO X O\'\INED AUTOS HIRl:O AUTOS C(]mbll"l@~ Single limit ofLlablUty BODILY INJURY & PROPERTY DAMAGE I $ 1 000 000 1 EACH ACCIDENT Cl SPECIFIED AUTOS NON.OVllNED AUTOS .s ItLlabfll UmHs Bodll 1 1.1 "'ro e Camill e Eac" o owNEO PRIVATE PASSeNGER AUTOS . PERSON D OI,NNED AUTOS OTHER lllAN PRIVATE PASSENGER S . I ACCIOE!ttr UMSREI..l-A LIABILITY Policy E'ft'ective Expiration Number Dote [I3te EACH OCCURRENCE GENERALAGGAEGATE T pF(O~UCTS - COMPLeTED OPERA TlONS AGGRE~ATE . $ . OTHER ($tlOW Polley Effective E.Xplr.t!tlon l'VI'III"ofPolI Number Detl!l Date DESCRIPTIO'fII;l OF OPERATlONSIlOGAiIONSNEHIClESfRESTRICTIONS/Sf)ECIAL ITEMS Collier County Board of Commissioners- Reference Bid No. 0'1- for..." CANCELLAT10N ;...PA ^. . I r..",,--- Q '" Nw'nw Dr days notii;O 3. 4/10109 V m g,,~"O'lzed ~t"."l:S. ) O.te Shol,lld any of the ~bovE! de&el'ibet;S po1~e6 bi!! cancelled beforn tt'le expiration , ttle I$!l.ulnll ny will ~~ m~n wl~hln the number of dayg er'l'lmlct ~bove, written notlCi:! IPthe ol!!llrtlflcme hokiBr named ~bo\le. B\J1: f.1l1ure Ia mail such notice shall imoose no Qbllaation or lIabllltv ofal'lv kind uncn the campen Its anenlB Of rAfltaSef'lta1Ive8. U10523.2 Patricia L. Morgan ~ I From: Sent: To: Cc: Subject: Attachments: DeLeonDiana [DianaDeLeon@colliergov.net] Tuesday, October 05, 2010 211 PM Patricia L. Morgan Wood, Lyn FW: 09-5146 Handyman & Minor Carpentry 09-5146 Handyman #1 (Spectrum).pdf; 09-5146 Handyman #1 (BQ Concrete).pdf Pat, please see attached two amendments. Thanks, DD From: DeLeonDiana Sent: Tuesday, October 05,20101:17 PM To: LinguidiDennis Cc: LynWood; ReavesBrenda; Bonnie L. Baer; erickson_becky Subject: 09-5146 Handyman & Minor Carpentry Dennis, Attached is Mod 1, Amend 1, to the contract with Spectrum & BQ Concrete, Thanks, Diana De Leon Purchasing Dept (239)252-8375 Undur 1"-'11(1:1 Ld\N, ",.II1;1,! ;;d(j;e~<;;e:; puLlic 11,:'i:onh :1 you do i)UtI/d':! y;)U(" 'l1wi :>l(iress lpb,lSt'"j !!1 resp:)ll~,:(' l(';J VI!;!:', !,[i.)I\L; 't"F,';~~l do 11[;i q:,r:(' c;k~(:!j(iI;i! Ii:dd Ie !!W,; l:':1l:iy, ''1'J,;~,~d ( }!It-wi il:.:;; unity telephone or ii) Wi:tinc 16E6 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Handyman and Minor Carpentry Services PROJECT #: NfA_ PROJECT MANAGER:_Damon Gonzales_ BIDfRFP #: 09.5146 MOD#: 1 PO#:_NIA WORK ORDER #:_N/A DEPARTMENT: Facilities Original Contract Amount: CONTRACTOR/FIRM NAME:B.Q. Concrete llC $ NJA (Starting Point) Current BCC Approved Amount: $ N/A (last Total Amount Approved by the BCC) Current Contract Amount: $ N/A (Including All Changes Prior To This Modification) Change Amount: $ NfA Revised ContractIWork Order Amount: $ NJA (Including This Change Order) l Cumulative Dollar Value of Changes to this ContracllWork Order: $ NfA --_._.._~~.- - "-"'_._--_._~--~~~_....~ Date of last BCC Approval_2/10/09 Agenda Item # _16E6__ Percentage of the change over/under current contract amount__O Formula: (Revised Amount I Last BCC approved amount)-1 ,~ % CURRENT COMPLETION OATE (5): ORIGINAL: 219/11 CURRENT: 219111 This change order will: 0 Add a new Task for $ D Increase Task Number by $ Other Describe the change(s):_Amend the contract so that only one contractor must be quoted per job and limit jobs to $50,000 or less. Specify the reasons for the change(s) x 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity Adjustments r 4. Correction of Errors (Plans, Specifications or Scope of Work) r 5. Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: _Since projects are limited to $50,000, it is unreasonable to require quotes from more than one contractor. This change was requested by: r1ContractorfConsultant x Owner rI Using Department C CDES CDesign Professional r1Regulatory Agency (Specify) rother (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: x Yes r No Date /L"/;;5c:/{) . REVIEWED BY: ( Date: Il/.:;I/{~ F ' Revised 6 18 09 16E 6 .. EXHIBIT A-I Contract Amendment I 09-5146 - "Handyman and Millor Carpentry Services" This amendment, dated S .-yi- I !;- .. ___.2009 to the referenced agreement shall be by and between the parties to the original Agreement, B.Q. Concrete, LLC (to be referred to as Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 09-5146 - "Handyman and Minor Carpentry Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: Wording deleted are sho:ws <!Jj_~.lLl19k tJlro_~!..Y"Y,S219jnu added is sho\~Jl as Ul19SJ'lineQ, Section 2, Statement of Work, paragraph 3 shall be changed as follows: For new work estimates, all Con/meters almrded thLi e8Rtraet wili be 'l"oted County dcpaI1menL' reserve the right. to obtain auotes from one ('1) or morc.JhanslD..$;..l-_..9Lthe awarded Contractors._J~.,Q single io!:> may exceed fiftv thQ!lli.m1d dollars ($50,000.00) The Owner shall provide a summary of Work to be performed which will afford thc Contractor{s} the opportunity to submit a formal quotation for the new work. The Contractor{s} shail respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quater. All other terms and conditions ofthe agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, rcspectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: September 15 ,2009 CONTRACTOR: B.Q, Concrete, LLC OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ,-lj9------. 'I ~ tA' (j, / ,/ .'- ( //. By: A'f:lAtf/1'x I/)t;z~-:- Damon Gonzales, Projei.:t Ma . g~r Buddy J. Quarles, President DEPARTMENT DIRECTOR By:(~_~7/!?~7 ~;~' 09-5146 - Amendment # 1 CONTRACT SPECIALIST By~~0\ )1) I~I) /&J 16E6 MEMORANDUM DATE: April 27, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #09-5146 "Handyman & Minor Carpentry Services" Contractor: Homescape Construction Enclosed is an original contract, referenced above (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, February 10, 2009. The Minutes & Records Department has held an original copy for the Board's record. If you should have any questions, please contact me at 252-8406. Thank you, Enclosure (I) ITEM NO.: ~~ A' 2 O1-,?~o~ntflri"f IVf1 4;7tp {)G~rJl ~ . ~V\.\} c.. L V'r~ ". .., c,/. ") , / d' fb '3'')-../ I, ~ s /)>1 I ~ 1 DO NOT WRITE ABOVE THIS LINE ~ } . tJ '1\A.L y. 2.:S' dI ...j;;0 IWf1;~ ~~EfiJ.':E 6 C:')}lif'),!y i\'" 1,- FILE NO.: ROUTED TO: REQUEST FOR LEGAL SERVICES Date: April 13, 2009 To: Office of the County Attorney Jeff Klatzkow From: drll., Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Homescape Construction BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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. 16E6 MEMORANDUM TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist ~~_ Purchasing Department . liJV- April 13, 2009 DATE: RE: Review Insurance for Contract: 09-5146 "Handyman and Minor Carpentry Services" Contractor: Homescape Construction This Contract was approved by the BCC on February 10, 2009, Agenda Item 16.E.6 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 DATE RECEIVED APR t 4 2009 RISK MANAGEMENT .1_ . - /-t..C'cl ,IJfJfT/, /7 / / /J ! i"~ If lcP/ff 7:" (/Lj;Ld C: Damon Gonzales, Facilities Mgmt. www.sunbiz.org - Department of State Pl6 Of 6 ~ ~ Home Contact Us E-Filing Services Document Searches Forms Help er.e_vi.Qu$ on LisJ N_e~tQn_l"l~t Return To List No Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corporation HOMESCAPE CONSTRUCTION, INC. Filing Information Document Number P06000146511 FEI Number 208097107 Date Filed 11/22/2006 State FL Status ACTIVE Effective Date 11/22/2006 Principal Address 8294 KEY ROYAL CIRCLE UNIT 1622 NAPLES FL34119 Mailing Address 8294 KEY ROYAL CIRCLE UNIT 1622 NAPLES FL 34119 Registered Agent Name & Address CAVERO,CARLA 8294 KEY ROYAL CIRCLE UNIT 1622 NAPLES FL34119 US Officer/Director Detail Name & Address Title P CAVERO, CARLA 8294 KEY ROYAL CIRCLE, UNIT 1622 NAPLES FL 34119 TitleVP CAVERO, CARLOS 8294 KEY ROYAL CIRCLE, UNIT 1622 NAPLES FL 34119 Annual Reports Report Year Filed Date 2007 02/27/2007 2008 04/29/2008 http://www.sunbiz.org/scripts/cordet.exe?action= DETFIL&inCL doc_ number=P06000 1465... 3/17/2009 << www.sunbiz.org - Department of State Page 2 01'2 16E6 Document Images 11/22/2006.. Domestic Profit Vi~wimage in PDF format Vi~wimage in pDFformal View image in PDF formal 04/29/2008.. ANNUAL REPORT 02/27/2007 ANNUAL REPORT I Note: This is not official record. See documents if question or conflict. I Previous on List NJ~)~;LQJLW~j RetumTQ LIst No Events No Name History Entity Name Search Home Contact us Document Searches E-Filing Services Forms Help CODyright and Privacy Policies Copyright ((I 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inq.. doc _ number=P06000 I 465... 3/ I 7/2009 RLS# 0]- P/(,('.- Ol/f)/f 16 E 6 CHECKLIST FOR REVIEWING CONTRACTS it"MY's UUd flOP' 1.A.Jc", -LYes ~Yes 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 $ i "^ ( L- Products/Compi/Op Required $___ Personal & Advert Required $ Each Occurrence Required $_~ Fire/Prop Damage Required $__ Automobile Liability Bodily Inj & Prop Required $ l l\,\ I,,, Workers Compensation Each accident Required $ I V.t I L Disease Aggregate Required $ Disease Each EmpI Required $___ Umbrella Liability Each Occurrence Provided $__ Aggregate Provided $. Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $___ Per Aggregate Required $_" Other Insurance Each Occur Type: Entity Nume: 11t7YJt f " (' ItIJ f.. Entity name correct on contract? Entity registered with FL Sec. of State? .y/ Yes ~Yes ....v_Yes ~J.L'. Yes Provided $ -2..M ( L Provided $ ~'--- Provided $__L.M~ Provided $ _---''---~ Provided $ i ~(), oN) " , Provided $ ~lIA I L- Provided $~._ Provided $___ Provided $ No No No _No No No Exp. Date ~hfi/IO c" D>> / ~ Exp" Date Exp. Date _ _ Exp. Date _'_ Exp Date &,I,ti /0"1 I I Ff)f:.tA nf./VIt~'111(tf'i'P Exp Date Exp Date Exp Date Exp Date ~._ Exp Date ___~_ Yes Provided $__ Provided $ -- Required $_. Provided $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indenmifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity'? Proper number of witnesses/notary? Authorization for executor to sign, ifnecessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? /Yes ~Yes VYes Yes rJl~ c/'" Yes 1../ Yes -lL"_ Yes "-LYes .--v- Yes ..JYes .-'L'. Yes ~LYes No Exp. Date__ Exp. Date__ Exp Date _~_ No No .._No -V"-No Yes ~No Yes Yes No No No No No No No No No No . Rc~i;;wer Inilials.: -L Datc- _ ."F? 04-COA- 103 /222 A G R E E MEN T 09-5146 16E6 for Handvman and Minor Carpentry Services THIS AGREEMENT is made and entered into this 10th day of February, 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 Homescape Construction, Inc., authorized to do business in the State of Florida, whose business address is 8294 Key Royal Circle, Suite 1622, Naples, Florida 34119 (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 February 10, 2009 and terminating February 9, 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 five (5) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Handyman and Minor Carpentry Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #09-5146 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. For on-call repair or emergency work, Contractors shall be contacted in the following order: BQ Concrete LLC, OneSource Construction Company & Builders, Inc., Homescape Construction, Inc., Spectrum Contracting, Inc., and Cali and Associates, Inc. For new work estimates, all Contractors awarded this contract will be quoted. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the new work. The Contractors shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. 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. 3. THE CONTRACT SUM: For on-call repair or emergency work, the Contractor will be paid on a time and material basis in accordance with Exhibit "A", attached hereto and made an integral part hereof. For new work, the Owner shall pay the Contractor for the performance of the Work Page -1- 16E6 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: Homescape Construction, Inc. 8294 Key Royal Circle, Suite 1622 Naples, FL 34119 Attention: Carla Cavero Phone: 239-601-0122 Fax: 239-348-8913 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- 16E6 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 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. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 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. Page -3- Contractor shall insure that all subcontractors comply with the SlPi~u~nce requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 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- 16E6 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 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. Page -5- 16E6 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. 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. Page -6- 16E6 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 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 written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall notify the Contractor in writing, recommending that on the basis of his Page -7- 16E6 observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Form of Contract Application for Payment in the form attached as Exhibit "C" for payment upon completion. If multiple payments are made, the Release and Affidavit Form, attached as Exhibit "B". (2) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to the Contractor pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. Page -8- 16E6 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, ITB No. 09-5146, 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. 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. Page -9- 16E6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, qerkof Courts " . "r'.t" -'. :, ''''',' 'r . ~.m'L By:' , .' . Dated: . .' -r' . "'," '.1.... . *' ..~~. , "P ...0i.1f ' 'I; .;:i:.) ~w~:~-- Type/Print Witness Name ('ifu., G1 Jc..5Lv Second ~itn~ i\ '" \J" -----, \ Type/Print Witness Name Approved as to form and legal sufficiency: r;~ If (j)k~c L AMi:stant County Attorney i~-" ~ J''*7 Sc/+ 12. l...rrcL Print Name - BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA ~ o?'i~~ By: Donna Fiala, Chairman Homescape Construction, Inc. Contractor ~ By: a~:.p~ (\ S~nature \h;rto.. lJAlf .e,VD Typed Signature ~kn-r Title Item # \10 ~ ~:da 2--t'l)-cff Date ll-'l II J\C, Rec'd T.vT l) I Page -10- 16E6 EXHIBIT A Hourlv Rates and Mark-Ups Hourly Rate/Regular Business Hours Hourly Rate/Overtime or Holidays $40.00/hour $47.00/hour Percentage Mark-Up on Parts and Materials 15% Percentage mark-Up on Subcontracted Work 12% Page -11- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16E6 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is 9iven in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,20_, by corporation. of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -12- 16E6 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE Bid No. 09.5146 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _0/0 after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shail be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager Page -13- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16E6 CHANGE ORDER NO. CONTRACT NO. 09.5146 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-l calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be pertormed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -14- 16E 6 ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID MD I DATE (MMIDDNYVY) HOMES-1 04/20/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gulf Coast Insurance, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7795 Davis Blvd Suite., 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Naples FL 34104 Phone: 239-352-5514 Fax:239-352-5516 INSURERS AFFORDING COVERAGE NAIC# INSLRED INSURERA .._~~!._~~~~i~ ty_~n.uanc. Co. 1~"3'7 ---.---- INSLJRFRR Homescape construction, Inc. INSURERC Carla Cavero 8294 Ke~Ro{al Circle Unit 162 INSURER D Naples 3 119 -- INSURER E COVERAGES TH~ POLICIES OF INSURANCE LISTED BELOW HA'vE BEEN ISSUED TO THE INSU"ED NAMED ABOVE ,.-OR THE POLICY PERIOD INDICATED NOTWiTHSTMJDING ANY REOLIREMENT, TERM OR cor..WIT:ON OF ANY CONTRACT JR OTHER DOCUME~H WITH RESPF.CT '0 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT~O ALL THE TERMS, EXCLUS!O\JS AND CONOIT'ONS OF SUCH POLICIES AGGREGATE LIMITS SHOVlN MAY HAVE BEEN REDUCED BY I"AD CLAIMS FF TYPE OF INSURANCE I POLICY NUMBER P09..~~J~8J~ Pgk~CJf~~%~J~N LIMITS I ~NERAL LIABILITY ! EACH OCCURRENCE $1,000,000. A i X X COMMER"" GE'CCAl L1'BILlTI I OP1000341. 04/18/09 04/18/10 ~~~;s~~ (E~t:~~~~r~nc"J $ 100,000. I ~:!J CLAIMS MADE D OCCUR ME,~ EXP (Anyone oerson) $ 5,000. PERSONAL & ADI/ iNJURY $1,000,000. i- - ------- G[~I:RALAG3REGATE $ 2, 000, 000. e- _____u_ I I GEN'I_ AGGREGATE LIMIT APPLIES PER PROnUCTS- r;OMPIOPAGG _!...?L~O~,L2_~~ n POUCY n j'r8T i-'I LOC n_ --~ - ! ; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ C- , (E"accldentJ >------- ANY AUra i f- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (p~r person) - ---- HIRED AUTOS BODILY INJURY ~- $ NON-OWNeD AUTOS (per accident) . .- P"OPERTY OAM,I\':;E , (Per.1CCldentj i~GE LIABILITY AUTO ONLY - EA ACCIDENT , I -~_._. ANY AUTO OTlleR THAN EAACC , ---- t,UTO ONLY AGG $ ! EXCESSlUMBRELLA LIABILITY EACH OCCJRRE~<CE $ =:J OCCUR o CLAIM S MADE AGGREGATE $ I $ ! ~n ~. i==l ~ECUCTIBLE $ -. .. : R[T[NTlON , I 'M:IRKERS COMPENSATION AND IT~'<Y -L1MI~S I _l'!.i EMPLOYERS' LIABILITY ^-,~ ANY PROPRIETOR/PARTNERIEXFCUTIVF , Fl fACHACCiOENT , Uf'FICERIM EMBER EXCLUDED? i i I::.L UI5EASE .EA EMPLOYEE $ !,fyes,deHriheunder --,- -- I SPECIAL PROVISIONS helJw L:.L UISEAS" POLiCY L!MIT $ i OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Handyman Renewal / Contract# 09-5146 / Col.lier County Board of county COnmisioners are listed as "Additionally Insured" in respects to General Liabili ty CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 11-IE ABOVE DeSCRIBED POLICIES BE CANCELLED BEFORE 11-IE EXPIRATION DAle THEREOF, THE ISSUING INSlRER VIJILL EI\DEAVOR TOMAIL 30 DAYS'M"l.ITTEN Coll.ier County Board of NOllCE TOTHE CERTIFICATE HOLDER NAMED TO 11-IE LEFT, BUT FAILURE TO DO SO SHALL County CoImDissioners purchasing Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON lHE INSURER, ITS AGENTS OR 3301 T ami ami Trail. E. Bldg. G REPRESENTATIVES Naples FL 34112 AUlHORIZEO REPRESENTATIVE Mario Doria ACORD 25 (2001108) @ACORD CORPORATION 1 16E6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policY(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) r Nav ),2008 12:45PM ALLSTATElNSURANCE Na,418) P 1-.. , ~c~i:'___ CERTIFIC'.&TE O~L1~~~LITY INSU~~_E._..__ __'_ .lD~1~~_ .J rllODucl!R G & P 11lllJGnca Inc. I THIS CERTIfIICATE IS I&....ED AS A MATTE~ 0iilN~&i)- I . OIIL Y AND CONFERS llIO RIGHTS UPON 'Ill!! Cl!R,TIFlCATE I . 4930 Cioldell Gete PI(wy HOLDeR. THIS CERTlFICA TE DOES NOT "MEND, EXTEWD OR; i Napleo, FI. 34116 TI!lI THE COYI!IlAGE AE~.!!Y..TJ:i5J'.!lk.ICIES Rb9!!Y.., _ __"j' .__..!'.!'one (239)353-3500 ..____ Fox (239)35:l..~' __._ INSURI!R.S"FF~I!!G_~'Y~Pt:... ___... --.-l-~~#-..-.-...., INSURER A: . I --"~A_I.ISI8te_"" _'" _- '_- '_-"'''' -... ---'--'---, .. '..n.. ... ,,-,-.- -- i I U .... .... ...__ "._. '__".'___._n_ 1 IN lJR,ERO. ._....__.._...... ~.._..__.._...._.. ...j INSU.~g!tg...____..,,_~_..... .... ....__...__._... .._.__.. ~ COVERAGES INSURER F: . I 1'HI POlIClES OF INliuA.<NCE LISTED HAVE BEEN ISSUID TO THE NSUREO NAMED ABOVE FOR THE PiiUcv ;;..,'RiOii-iNoiCiITEii. . "01WlTHSTANDING ----.---, ANY REOUIRIMENT. TER:I.C O~ CONDfTION OF AllY COHTRACT OR OTHIIIt DOCUMENT WITH RESPECT TO WHfCH THIS CERTIFICATE W\Y 8E ISSUED OR i MAY PERTAIN. THE NSI)eANCE AfFOI\DEO BY lltE POUCIES OESC-RISED HEREIN IS SUBJECT TO AU THE TEFMS, E>:ClUSION$ ANO CO"'011'1ONS .:'>f SUCH I POLlCIES. AGGfIEG.\TE LMITS SHOWN MAY HAVE BEEN REDUCED I\'( PAlO Cl.AII4S. I INSR ADD'L lVPEOfIHSUMNCE POllCYNUNBeFl POUQYIfF~ ==~?Nr' .... .. --"-"~;MI~" .._____.u on ------"'1 ~=~::U:N=L~IU1Y _u_____ ~ --- -r~:~:~~~=:'~':-=~~~:.j l."gg~~9!'!~_. . _____ j o go ClAIMS >MOE 0 OCCUR ~~;~r;\~~~~ _ . '==~q J ~N'LAGiaReoo.TE LIMIT A_""ER f;ri~~j~~~~f- "=~--:':~.I o POLiC'!' c: "~OJecr 0 Loo .____. _...__.__ ....._....._ _+_. ....._u ...__. ._____-1 A.UTOII03lLE ..JAB1UlY ~ CC-MBINED SINGLE LIMIT : ~ =~~DAUTOS 981048122 06119100 06/19109 f;:~::~R~ ---.-.....t- "--;o-;;-~I BOB ~=:;:~;ums ! ::~~;;;;;~.._.._._+_....~.~~~ o NON OV/fl-EO AUTOS i (Per acCIdMt) ~ ~ o ----- PR(;;'Em-oMiAGE-"'~'--- "l ------ ----. ______~J~~~~...- .-.-+....-.. '1 ~2~0...L:....~2~~i- - --"--1 . OTHE~THAN .MACe ---.-- -" --1 ~--- _.H,__..n -- ----..:;~;~~.~~RREN~~~__ ~_--=~-=~.~-'~J ~ A~.~_T!i __ _ ----f _ _____ _~ tl -. . -" --- - ----i-..... ---- ~ :--. .....----.'1'---'..1 -- -I a' -" t"i- ~-LrOiH~- -- - --1 tE~L:T~M:L--::...Q!!. .-. - ..... . ~ ~~~;!'LOYjE ~:=~_=--:=-.. i __.".' .._"__. ___ _ _+E.~, ~1~.~~_".~l!~':_~1M!T ___ _____ . 1 , . i j.__._ _L.._ ...... ...__ .___J.__... DESCI\IPlION OF OPIJW1:lH8/I.OCATlONS I VEHICL6lII UC\._ AIlllED IIY ENDORSEMENT I spaCIAl. P'.OVlSIONS Listed as addltlonallns'Jred lNSURllD Cana Ca_" 8294 Key Rcysl Cir Naples, FI )4119 GARAGe ~lAIlf,.lTY o 0 AN) AIIT'J o EXcuafJIIBPau.. LIl.llIUTY o OCCUR 0 ClAIMS MADE o o o DEDUCT ~ RETEN""'" S ~iiiiAii)- eMPLO'YI!IlS' UlIIlU1Y ANY PROPRtE1"OR I P".RTNER {EXEClTTlVE OFFICER I MEMBaR !XCLUDED? If yea, dHcriblllQ<< SPECIAl OTHI!R -..I CERTIFICATE HOllll!ft CANCELl.ATlOII Colier Coun1y IIoard of COI.l1\y Commis.lonef$ Aln:Pu''''asing Oept 3301 EM\ Tamiami Trail N.p..... =L 34112 I ACOlUl 2.!1 (2OD1108) ~ -.---.. ---..-... ...-.-...-----.........1 IHOULD Nf'( OF THE ABOVE DeSCRIBED POUCIES BE e.AHC!!u.ED BEFORE THe I' EXPIRATION DAn TH!RI!OF, THE USIUING INSURER WlL1. ENDEAVOR TO MAIl 30 OATS WlIITT!N NOTICE TO THE CERTlFIeATI! HOLDIR NAMED TO ' 1'Hf'tl'h, BUT FM.~. TO DO so SItlLL IMPOllE NO OB~T1ON OR L1,UIUTY OF NfY KIND UPON THIINSURIR,ITS AOENTS OR ~EPRElIENTAm'l!ll. AUTHOIUZl!O rATiV'! --....-. ,. ....-...- 0 ".-. - .------- . ..~ i I I - -.-....@lCORDCORPOAAnON1988-. ~~ . STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION 03-30-200916 E 6 ALEX SINK CHIEF FINANCIAL OFFICER This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation iaw. EFFECTIVE DATE: 03/30/2009 EXPIRATION DATE: 03/30/2011 CARLA PERSON: CAVERO FEIN: 208097107 BUSINESS NAME AND ADDRESS: HOMESCAPE CONSTRUCTION INC 8294 KEY ROYAL CIRCLE UNIT 1622 NAPLES FL 34119 SCOPES OF BUSINESS OR TRADE: 1- CERTIFIEO GENERAL CONTRACTOR IMPORTANT: PoulI.nl 10 Ch,pler 440 . 05(14), F.S., In ollleer 01 It corponlion who elecll exemption hom IMs chapter by filing I certificate 01 eleclion under this section may not recower belleWs or compenSllion under IlIls chapler. Pllrsl/lnl 10 Chapler 440.05f121. F.S., CerllliCltes 01 eleclion to be exempt.. .pply only within the scope 01 the bl/sinen or Irede listed on Ibe nolic& of election to be exempt. Pursu.nt 10 Chapter 440.05(13). F.S., Notices 01 election 10 be uempl Ind terlifiClles of election to be exempt shill be subject 10 revDution if, I' 'IIY time .lter the tiling 01 the nolice or the issuance 01 the cerliticate. the person nlmed 011 the nolice or ceuiliUle no longef meets the requirements of Ihis section lor issDlnee of a certillcale The departmenl shall revoke a certlltcale at any lime lor failure of the person nlmed nn Ihe cerlllieate 10 meel the requiremenls 01 this section. QUESTIONS? (8501 413~ 160 OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVIS EO 09~06 -- ..~~.? STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION 03-30-2009 ALEX SINK CHIEF FINANCIAL OFFICER This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 03/30/2009 PERSON: CAVERO FEIN: 208097107 BUSINESS NAME AND ADDRESS: HOMESCAPE CONSTRUCTION INC 8294 KEY ROYAL CIRCLE UNIT 1622 NAPLES FL 34119 EXPIRATION DATE: 03/30/2011 CARl..OS SCOPES OF BUSINESS OR TRADE: 1- CERTIFIEO GENERAL CONTRACTOR IMPORTANT: Purstllal to Chlpler 440 . 05(141, f.S., In oUker of a corporation who elects exemption from this chapter by filing I certificate of election under this section mly nOI recover benefits Of compensltion under this cllapter. Pursuant 10 tlllpter 440.05(121, F.S., tertifiutes. 01 election to be exemp!... Ipply only within the scope of the businns or trlde listed on the notice of electioll to be exempt. Pursulnt to Chapter 440.06(13), F.S., Notices of elecllon to be exempt .nd cerli!ic.ates of eleclion 10 be exempt shltt be subject to revoulion if, It IllY Ume after lite Wing 01 Ihe notice or the issuance of Ihe cerlifJule, the person named on the nolice or cenilicllle no longer m,e1s the requirements of this section for issuance of 8 certificate. The department shill revo~e a cerlificlte II Iny time lor failure of the person named on lhe certificale 10 meet the requiremenls 01 Ihis section. QUESTIONS? (850) 413~ 161 Patricia L. Mor~an l~ I ,{,~ f'? .' :.." ' ,;1' c"., LJo E I' '"\. \ - "'=- '" ~' From: Sent: To: Cc: Subject: Attachments: DeLeon Diana [DianaDeLeon@colliergov.net] Friday, August 28, 2009 12:26 PM Patricia L. Morgan Wood, Lyn 09-5146 Handyman and Minor Carpentry 09-5146 Handyman #1 (OneSource).pdf Trish, Please see attached amendment. The original contract went to the BCC 2/10/09, agenda item 16.E.6. Thanks, Diana De Leon Purchasing Dept (239)252-8375 l6E6 EXHIBIT A-I Contract Amendment 1 09-5146 - "Handyman and Minor Carpentry Services" This amendment, dated . ;16 , 2009 to the referenced agreement shall be by and between the parties to the ori 1 al Agreement, OneSource Construction Company and Builders, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 09-5146 - "Handyman and Minor Carpentry Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: Wording deleted are shows as struck tkrol:lgh, wording added is shown as underlined. Section 2, Statement of Work, paragraph 3 shall be changed as follows: For new work estimates, all COAtraetors awarded this eOHtraet will be quoted County departments reserve the right to obtain quotes from one (I) or more than one, of the awarded Contractors. No single iob may exceed fifty thousand dollars ($50,000.00) The Owner shall provide a summary of Work to be performed which will afford the Contractor{s} the opportunity to submit a formal quotation for the new work. The Contractor{s} shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. Accepted: d..u.F<Jr/ ;:; (., , 2009 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BYDa~~,~ager CONTRACTOR: ~:~Jl;ionf]:::5,'n'. ~. C~~\(\. ~M pc Name and Title DEPARTMENT DIRECTOR BY:~ amp DIVISION ADMINISTRATOR By: ~, 8/25 /C17 09-5146 - Amendment # I , " 16E6 EXHIBIT A-I Contract Amendment 1 09-5146 - "Handyman and Minor Carpentry Services" This amendment, dated ;16, 2009 to the referenced agreement shall be by and bctween the parties to the ori ' al Agreement, OneSource Construction Company and Builders, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 09-5146 - "Handyman and Minor Carpentry Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: Wording deleted are shows as struck tHTel:lgA, wording added is shown as underlined. Section 2, Statement of Work, paragraph 3 shall be changed as follows: For new work estimates, all COHtmetors av.<arded tkis 60l'ltraet will be qliotecJ County departments reserve the right to obtain quotes from one (I) or more than one, of the awarded Contractors. No single job may exceed fifty thousand dollars ($50,000.00) The Owner shall provide a summary of Work to be performed which will afford the Contractor{s} the opportunity to submit a fonnal quotation for the new work. The Contractor!s) shall respond with the information sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive and responsible quoter. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. Accepted: durr/::;<-. ,2009 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:D~~,~ag" CONTRACTOR: ::,eSJl;;on{l:::5'lnc. CYnrf- era N\(\ . \b,~n\ pe Name and TItle By.~R amp DIVISION ADMINISTRATOR 09-5146 - Amendment # 1 By ~dida p~ Len Go en-Price 8/25 JCf7