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Backup Documents 10/08/2013 Item #16A17ORIGINAL DOCUMENTS CHECKLIST & TO ACCOMPANY ALL ORIGINAL S NT T01 6 A 17 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIC TId Routed by Purchasing Department to Office i9K Initi als Date the Followin Addressees , (In routing order) 17, 2013 Initial Applicable) 1. Risk Management Risk 4:P6 DD 2. County Attorney Office County Attorney Office n 13 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. BCC Office Board of County C, Attached Commissioners Z 4. Minutes and Records Clerk of Court's Office _?m to(2663 5. Return to Purchasing Department Purchasing NumberNendor Name Property Maint Contact: Diana DeLeon Office and all other parties except the BCC Chairman and the Clerk to the Board PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, October Phone Number 252 -8375 Purchasing Staff 17, 2013 Initial Applicable) Contact and Date Does the document require the chairman's original signature? DD Agenda Date Item was October 8, 2013 Agenda Item Number 16.A.17 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract Number of Original Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed Documents Attached PO number or account N/A Solicitation / Contract 12- 6R A &M number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's NumberNendor Name Property Maint to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Nat appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for Chairman's signature. 16A17' MEMORANDUM Date: October 29, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #12 -5886R "Right- of- Way/Median Mowing Maintenance" Contractor: A & M Property Maintenance Attached is an original of the document referenced above (Agenda Item #16A17), approved by the Board of County Commissioners on Tuesday, October 8, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252 -7240. Thank you. Attachment 16A17 A G R E E M E N T 12-5886R for Right of Way /Median Mowing Maintenance THIS AGREEMENT is made and entered into this Zfk day of (04n inn = , 2013, 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 A & M Property Maintenance as the Primary awarded contractor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 3240 Everglades Blvd. North, Naples, Florida 34120 (hereinafter referred to as the "Contractor "). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12 -5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges /fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non -bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -1- ca 16A170 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: A & M Property Maintenance, LLC 3240 Everglades Blvd. North Naples, Florida 34120 ATTN: Sylvia B. Yzaguirre, Owner Phone: (239) 503 -0303 aandmtotal @yahoo.com 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 3327 East Tamiami Trail Naples, Florida 34112 ATTN: Joanne Markiewicz Interim Purchasing /General Services Director Phone: 239 - 252 -8407 Fax: 239 - 252 -6480 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. 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. Page -2- CA 16A17 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page -3- cap 16A174 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 14. 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. 15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. 19. 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 Page -4- cA0 16.. `111 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. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items /services described in the Scope of Services. The County shall order items /services as required but makes no guarantee as to the quantity, number, type or distribution of items /services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 written Order shall be issued to document the consequences of the changes or variations. Page -5- G) 16A170 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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. 12 -5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years Page -6- CA) ibA17� 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and /or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Page -7- ca 16A17' IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ; '`^ COLLIE OUNTY, FLORIDA Dwight E,, '0rock, *ClerkQf Courts By: Georgia it r, Esq., Chairwoman Dated: LJ&Ei'%''t-126L Seal Attest as to th(Seal')* mhani, signature only. A & M Property Maintenance, LLC. Contractor By: First Witness Signatur VZQ I�McaA --quirre T Print Witness Name Typed Sign ture S d Witness Title �tln r 'A- V Type /Print Witn ss Name Approved as to form and Legality: Assistant County Aktorney Page -8- c 16A17*4 EXHIBIT A — BID SCHEDULE URBAN MOWING DESCRIPTION UNIT *QTY UNIT PRICE (All Mowing Cycles include Litter Removal and MOT URBAN - Intermediate & Small Machine Mowing Two Week Urban Cycle) Acre 1 $ 18.32 Total Bid For Urban Mowing (All Mowing Cycles include Litter Removal and MOT Litter Removal Only As needed Basis Acre 1 $ 5.00 Additional Fees/Emergency Fees/Emergency Services Supervisor/Foreman Hour 1 $ 45.00 Equipment O erator Hour 1 $ 25.00 Labor Hour 1 $ 15.00 Material Mark up (not to exceed 25 %) in unit price include your percentage (e.g., a 15% markup would be. 15 x $1,000 = $150 ) % 1000 $ 0.15 Page -9- ..l.b A L7.! ACORD" CERTIFICATE OF LIABILITY INSURANCE 103 D10/15/21512/Y013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: 239 - 354 -4053 Harbour Risk Management/Naples Fax: 239 - 354 -4058 801 Anchor Rode Dr, Suite 103 Naples, FL 34103 Scott Leamon ACT NAAMNE: PHONE FAX c A/c No): E-MAIL ADDRESS: GL6607D407141 10/1112013 10/11/2014 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers $ 300,00 MED EXP (Any one person) INSURED A &M Property Maintenance, LLC 3240 Everglades. Blvd. N INSURER B : $ 1,000,00 Naples, FL 34120 INSURER C: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC INSURER D: $ 2,000,00 INSURER E: AUTOMOBILE INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE POLICY NUMBER POLICY MPOLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR GL6607D407141 10/1112013 10/11/2014 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,00 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea ..dent $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR BINDER 10/1412013 10/14/2014 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 F (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC STATU- I JOTH- TORY LIMITS I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate is listed as an additional insured. iea.ul�L�_u� Collier County Board of Commissioners 3327Tamiami Trail Naples, FL 34103 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Leamon ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Progressive P.O. Box 94739 Cleveland, OH 44101 1- 800 - 895 -2886 Certificate of Insurance Certificate Holder Insured ................................................................... Additional Insured ............................... A & M PROPERTY COLLIER COUNTY MAINTENANCE LLC 3327 TAMIAMI TR 3240 EVERGLADES BLVD NAPLES, FL 34112 NAPLES, FL 34120 16APROME.111YE 7 Policy number. 06508598 -5 Underwritten by: Progressive Express Ins Company October 3, 2013 Pagel of 1 Agent .. ............................... PROG COMMERCIAL PO BOX 94739 CLEVELAND, OH 44101 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ........................................................................................ ............................... Policy Effective Date: Jul 14, 2013 Policy Expiration Date: Jul 14, 2014 Insurance coverage(s) Limits ....................................................................................................... ............................... Bodily Injury /Property Damage $2,000,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only ....................................................................................................... ............................... 2008 TOYOTA TUNDRA DOUBLE C 5TFRU54188X017112 ....................................................................................................... ............................... 2008 TOYOTA TUNDRA DOUBLE C 5TFRV54178X056951 Certificate number 27613TDR598 Please be advised that additional insureds and loss payees will be notified in the event of a mid -term cancellation. )Pr,",- Form 5241 (10/02) 16A17 Garage Door PROPERTY ADDRESS: WO# Fascia SIGNAGE C)MCS [344 KEY CODE: LOCKBOX: LOCATION: Soffit Utilities On? Personals? Gas: Yes / No Electric: Yes / No Water: Yes / No Yes / No INTERIOR Size /SF Bid Amt Location Major Appliances, etc. Y Fridge Stove Dishwasher Microwave A/C Handler Breaker Box Mold Y Roof Ceiling Walls Floor Sinks Other Other Items Y Missing Fixtures Exposed Wires Carpet Graffiti EXTERIOR Water Damage Y Exterior Shed? Size /SF Bid Amt Location Other(list below): Y Y Size /SF Bid Amt Location Y tvr+ /SF Rid Amt I nrntinn Door Window Screen A/C Unit Well System Fence OTHER ITEMS (LIST) Garage Door Fascia Soffit Roof Graffiti Y OTHER ITEMS (LIST) Y BID ITEMS Grass Cut Trim Shrubs Trim Trees Remove Vines Y Height Debris in the way of grass 13 -24 / 25 -36 /37-48 cut? Y Est CY: Bid Amount Y Height Total LF Total Units Location /Description /Other Bid Amount $ $ $ Nooi size Size: Treat Only: $ Pump and Treat: $ (if it cannot be pumped) Other Bid items not listed: 16 A 17 PROPERTY ADDRESS: WO# Fascia SIGNAGE []MCS [144 KEY CODE: LOCKBOX: LOCATION: Soffit Utilities On? Personals? Gas: Yes / No Electric: Yes / No Water: Yes / No Yes / No INTERIOR Size /SF Bid Amt Location Major Appliances, etc. Y Fridge Stove Dishwasher Microwave A/C Handler Breaker Box Mold Y Roof Ceiling Walls Floor Sinks Other Other Items Y Missing Fixtures Exposed Wires Carpet Graffiti EXTERIOR Exterior Shed? Size /SF Bid Amt Location Y Size /SF Bid Amt Location V ti70/SF Riel Amt I nrntinn Door Window Screen A/C Unit Well System Fence OTHER ITEMS (LIST) Garage Door Fascia Soffit Roof Graffiti Y OTHER ITEMS (LIST) Y BID ITEMS Grass Cut Trim Shrubs Trim Trees Remove Vines Y Height Debris in the way of grass 13 -24 / 25 -36 /37-48 cut? Y Est CY: Bid Amount Y Height Total LF Total Units Location /Description /Other Bid Amount $ $ $ rooi ,)ize pize: Treat omy: s Pump and Treat: $ (if it cannot be pumped) Other Bid items not listed: 16A17 ABMPROP -02 MOSA AFRO- CERTIFICATE OF LIABILITY INSURANCE DAT1012D/YYYlr7 9/110/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Automatic Data Processing Insurance Agency, Inc 1 ADP Boulevard Roseland, NJ 07068 CONTACT NAME: PHONE FAX No AIC No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 8 INSURERA:BCIC - Bnd efield Casualty In $ PREMISES Ea occurrence INSURED A&M Property Maintenance, LLC INSURER B : $ 3240 Everglades Blvd. N INSURER C : Naples, FL 34120- INSURER D : $ INSURER E : PRODUCTS - COMP /OP AGG $ INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR 3327 Tamiami Trail E POLICY NUMBER MMILDIDfYYYY MMIDD EXP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fl OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS E 1 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 0196 -30341 2/27/2013 212712014 X TORY OTH- T RY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATIAN ACORD 25 (2010105) ©198&2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of Commissioners ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples, FL 34112- AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) ©198&2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16A17 PROPERTY ADDRESS: WO# SIGNAGE ❑MCS n44 KEY CODE: LOCKBOX: LOCATION: Utilities On? Gas: Yes / No Electric: Yes / No Water: Yes / No Personals? Yes / No INTERIOR Size /SF Bid Amt Location Major Appliances, etc. Fridge Stove Dishwasher Microwave A/C Handler Breaker Box Mold Y Roof Ceiling Walls Floor Sinks Other Other Items Y Missing Fixtures Exposed Wires Carpet Graffiti EXTERIOR Exterior Shed? Size /SF Bid Amt Location Structural Damage Y Y Size /SF Bid Amt Location Y Size /SF Rid Amt I nratinn Door Window Screen A/C Unit Well System Fence OTHER ITEMS (LIST) Garage Door Fascia Soffit Roof Graffiti Y OTHER ITEMS (LIST) Y BID ITEMS Grass Cut Trim Shrubs Trim Trees Remove Vines Y Height Debris in the way of grass cut? Y Est CY: Bid Amount 13 -24 / 25 -36 /37-48 Y Height Total LF Total Units Location /Description /Other Bid Amount $ $ $ rooi Size size: Treat Only: $ Pump and Treat: $ (if it cannot be pumped) Other Bid items not listed: Routed by Purchasing Department to Office Initials Date the Following Addressees (In routing order) 16, 2013 Initial Applicable) 1. Risk Management Risk DD Agenda Date Item was October 8, 2013 Agenda Item Number 16.A.17 2. County Attorney Office County Attorney Office �yl / E Type of Document Contract Number of Original / � 3. BCC Office Board of County �- PO number or account Commissioners Solicitation / Contract l� z 4. Minutes and Records Clerk of Court's Office NumberNendor Name Hog 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon The Chairman's signature line date has been entered as the date of BCC approval of the N/A PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, October Phone Number 252 -8375 Purchasing Staff 16, 2013 Initial Applicable) Contact and Date Does the document require the chairman's original signature? DD Agenda Date Item was October 8, 2013 Agenda Item Number 16.A.17 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract Number of Original 2 Attached I Documents Attached PO number or account N/A Solicitation / Contract 12 -5886R Chuchi Bush number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's NumberNendor Name Hog to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. it 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for th ( �# Chairman's signature. 16A17 MEMORANDUM Date: October 29, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #12 -5886R "Right- of- Way/Median Mowing Maintenance" Contractor: Chuchi Bush Hog, Inc. Attached is an original of the document referenced above (Agenda Item #16A17), approved by the Board of County Commissioners on Tuesday, October 8, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252 -7240. Thank you. Attachment 16A17■ A G R E E M E N T 12-5886R for Riaht of Way /Median Mowing Maintenance THIS AGREEMENT is made and entered into this day of (' 7c-Fb b <`� , 2013, 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 Chuchi Bush Hog, Inc. as the Primary awarded vendor for Rural Mowing and the Tertiary awarded vendor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 4785 4th Avenue NE, Naples Florida 34120 (hereinafter referred to as the "Contractor "). WITNESSETH: COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12 -5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges /fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non -bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -1- 6) A 16A17t�lo 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: Chuchi Bush Hog, Inc 47864 th Avenue NE Naples, Florida 34120 ATTN: Leticia Perez, President Phone: (239) 353 -0115 Fax: (239) 353 -3635 Chuchi1717 @gmail.com 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 3327 East Tamiami Trail Naples, Florida 34112 ATTN: Joanne Markiewicz Interim Purchasing /General Services Director Phone: 239 - 252 -8407 Fax: 239 - 252 -6480 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. 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 Page -2- G 16A170 operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement Page -3- 0 16A17 until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 14. 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. 15. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. Page -4- ON(, 16A17 19. 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. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items /services described in the Scope of Services. The County shall order items /services as required but makes no guarantee as to the quantity, number, type or distribution of items /services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 written Order shall be issued to document the consequences of the changes or variations. Page -5- CA 16A17 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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. 12 -6886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be Page -6- CAO 16A17" required to maintain records on each employee and make them available to the County for at least four (4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and /or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. *** ** * * * * * * * * * * * * * * * * * * * *** * * * * * ** *Remainder of page intentionally left blank******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Page -7- cn) 16A17 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 ,BrtK *"Clerk of Courts By: Dated: Attest 06 ciAN6 signature only 6 t fitness Type /Pri tness Na, Second Witness P", I Re -r z Type /Print Witness Name Approved as to form and Le lity: County Attorney .�'r t BOARVO�i`CgUUY COMMISSIONERS COLLIER O J N , FLORIDA Ged`4a A. Hiller, Esq., Chairwoman Chuchi Bush Hog, Inc. Contrac By: Signature Typed Signature Title Page -8- OAQ 16A17 EXHIBIT A — BID SCHEDULE RURAL & URBAN MOWING DESCRIPTION UNIT *QTY UNIT PRICE RURAL - Large Machine Mowing Acre 1 $ 15.00 Total Bid For Rural Mowing (All Mowing Cycles include Litter Removal and MOT URBAN - Intermediate & Small Machine Mowing Two Week Urban Cycle) Acre 1 $ 50.00 Total Bid For Urban Mowing (All Mowing Cycles include Litter Removal and MOT Litter Removal Only As needed Basis Acre 1 $ 6.00 Additional Fees/Emergency Fees/Emergency Services Supervisor/Foreman Hour 1 $ 45.00 Equipment O erator Hour 1 $ 40.00 Labor Hour 1 $ 32.00 Material Mark up (not to exceed 25 %) in unit price include your percentage (e.g., a 15% markup would be. 15 x $1,000 = $150) % 1000 $ 0.15 Page -9- rao 21 2013 3:42PM Chuchi Bushhog 2393533635 page 1 16 A 1 CERTIFICATE OF LL4131 TY INSURANCE 1a�o/�013 NC T188 X�JtT1RCA NOT AFFIRMATfVlLY OR Mg"T111&y AWND, WM ON ALWA 6MRMF- B � CERflPICA1E eftiow. TNS TB OR MURAh1 M Cif NOT C�ifiitTii A EiCit OT d MEN iWA "M iNoi�� -LOW. OR p"DUCK& AND 0lNti1�GA11� IiOL�€R� _ � _ - -• - - - -� . - - __.. ■PORTANT: It COWCOM hoklW16 rut , MM IMMUR 1 INP6 yliii .ffiW " Via -and of " polbt►, 0"Wa pond" wey oWN sa iiidew wfiL A si fit 0 M � ftr� fry F � i 8 e�caa h der rlw Of sum wddws," i - 'liDlns RM kwuraw 13M.iOW NCO PKUVYa1�11 ,- -- -- Fa1,Myels,FL3391 1 Ai?1i�7>illf�6 8L__— .---- - -- -•- ..��. C chi Bush Hog Inc. __ -- 47 5 4th Ave NE N les, FL 34120 .._k - �p, N CERTIFICATE MA EXCLUSIONS YrPe A X GBYLAOOREC+A BE ISSUED OF! MAY WED DrrkM OF SUCH pQ610EM cal u r AOE (y'1 OCCUR - - PttCAlN 11 ; fhl9 iNNNNWfJR WNITS e�Hf1MAU Irti4Y filler i N R€ 2761841 i1FIEii ,� ®Y i�kl 10/10/13 �4t;Rii#d 111 : 10/10/14 fi 8 _ �__..._____..._ . ___.. __ - - -. L _.. - - - --- - - - - - - -- - feF,ilt�3iJe_.... 11..1,00. OOQ._— 000 —..- - i_1.404�404. -- - - - gfAE1- Ifi�li��'iF - -- __ AUT01 06" LM AWAUrO I RJTV AUi'F7S ^ -- JPROOFOPU CCCUK A710N erg cuslve � wiA OF 1tC1I/ 1 IACA1NIWf / Y NCLt! (AIi�MI ACOMD *i AddN" IVlifi�i �iMMul4 M ifilfi i/iGll Ile F f�l Certit"icate h der is an additional insured under the commercial general liability policy . i#1 AiW.6 Nt A§M MMflif fl%ff (qALk SE W C LLIER COUNTY fW9 AAf�ilYtiitilBA < h9f 3 7 TAMIAMI TRAIL EAST _ PLES, FL 34112..— f y 8tr� At3 N. All flit" fimfm ACORD 25 ( ? TM AOOKO flM# &w lVa drd fdgistarad � Ad®itb rn 0 0 0 N 0 e-1 Co rn w t` N 0 0 0 0 ic ibAl� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE IN INFORMATION PAGE INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY NCCI Company Number: 10456 AUDIT PERIOD: ANNUAL POLICY EFFECTIVE DATE: 01/24/13 POLICY EXPIRATION DATE: 01/24/14 Policy Number: 76 WEG ES4901 Endorsement Number: 01 HOUSING CODE: 76 EffectiveDate: 09/12/13 Effective hour is the same as stated in the Information Page of the policy. Named Insured and Address: CHUCHI BUSH HOG INC 4785 4TH AVE NE NAPLES, FL 34120 FEIN Nurnber: 264694617 PRO RATA FACTOR: .367 PRODUCERS: NAME: PAYCHEX INSURANCE AGENCY INC PRODUCER CODE:210705 It is agreed that the policy is amended as follows: ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $100 IT IS AGREED THAT: (A) PO4ICY IS AMENDED TO CHANGE THE LIMITS OF OUR LIABILITY UNDER PART TWO TO: $1,000,000 EACH ACCIDENT $1,000000 POLICY LIMIT $1,000„000 EACH EMPLOYEE Countersigned by Form WC 09 00 06 A (1) Printed in U.S.A. Process Dete: 09/12/13 ORIGINAL Authorized Representative Page 1 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 01/24/14 ACORbr %M''' CERTIFICATE OF LIABILITY INSURANCE R054 09_12 2013 THIS CERTIFIC4TEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder; in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC 210705 P:(' )- F: ($$$) 443 -6112 PO BOX 3 3 015 SAN ANTONIO TX 78265 CONTACT NAME: PHONE Ext: 877- 287 -1316 ac No): 888 443 -611 E -MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC N INSURER A : Hartford Underwriters Ins Co 30104 AYSIMFD CHUCHI BUS.$ HOG INC 4785 4TH AVE NE NAPLES FL 34120 INSURER B INSURER C INSURER D EACH OCCURRENCE INSURER E INSURER F 8 COVERAGES CFRTIFICOTr MI IWIRFR• THIS IS TO CERTI THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE ANS(MANLE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE COLLIER COUNTY POLICY NUAWR /MM/DD/YYYY) IAM400MVW) LAMS 7Q2. GEAEAAL LIABKITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE EACH OCCURRENCE $ PREMISES Ea occurrence 8 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ L AGGR ! PRO_ PLI PER: POLICY pR0 LOC PRODUCTS - COMP/OP AGG $ $ AUTOAKWAE L/ABAI[TY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS, NON -OWNED AUTOS 11 F1 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 6 0110 L A LL46 EXCESSLU9 HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DE RETE ION $ $ A WOIit MM COAIPf TJOIY AND EMPLOYERS' LIA9Y?Y Y/ N ANY PROPRIETORR//FF1�4RTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? If yes, describe ib AN) ' If yes, describe wider DESCRIPTION OF ORERAT10NS below AI /A 76 WEG ES4901 01/24/2013 01/24/2014 WC STATU OTH- X T Y - ER E.L. EACH ACCIDENT $ 1 000, 0 0 0 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 8 1 , 0 0 0 10 0 0 El DESCRIPTION OF OPERA 7700S / LOCAT IONS / VEIRCLES (A Hach ACORD 101, Ada)bbnd Remarks Sche&*, If nwm q see b -W' ft l) Those usual to the Insured's Operations. 1 UUU -201 O ACORD CORPORATION. All rights reserved. ACORD 25 (2010/061) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE COLLIER COUNTY DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A"11OftfiW REPRESBNTATM 3299 TAMIAMIL TRL E NAPLES, FL 34112 7Q2. 1 UUU -201 O ACORD CORPORATION. All rights reserved. ACORD 25 (2010/061) The ACORD name and logo are registered marks of ACORD OCT. 4. 2013 4:42PM 4 a VEHICLE 71MB CER M ISSUED AS A 1 CNC icAIE 000 NOT APPEiMA711 NL.OW. TWS TE OF RISC REPRESa1TA E OR PRODUCLiR, AN This loon is use to report ow s"" p provided to mwd k vabiCNe under a si PIgOYC�t f8fit11 RW" AWd 7 Walt 20 Avenue Suite 8 ' Ka*h, Flaida 33010 044pt BUSH HOG INC 47804TH AVE NE NARLES FL 34120097 r.�rrr�r. r.1 -cn � *� •.:r�T� No. :16A17! t EQUIPMENT CERTIFICATE OF INSURANCE I 1 3 TIER OF MIFOREATION ONLY AND CONFERS NO RIGMTS UPON TIME CE iTWICATE MOLDER TNI6 Y OR NEGA71VELY AMA E1Ci M OR ALTER THE ©OVERAGE AFFOR = BY THE POLICIES NCE DOES NOT CONSTITUTE A CONTRACT BETWM THE MSU1NG *MURIA$), AIIrNORIZED HE CERTIFICATE HOLDER Idled to a sinpb sPsafiC vshicb Or equiprrrerlt Do not use thb form to Ieport WIRY CWWp e po ft. Use ACORD 25 for that puMosa. Perm MAW Autanobila 108000008 — YEAR 199® — — 1MAMUFACIURER -- C 0W C1 MODEL eooYTrPE PIU VE1ECLawDaI CAT10rrrNMeaR 1GCEC14W9XE215m p OF allCH POLICYpES)• SINAL NursEle I�IMK!e�/S =! I f!SOT. AT WVY w- W�mwl rllrtlCK' THIS 6 TO TMAT THE POLIC1f(IE OF INSURANCE LIffTED BELOW HASIHAVE BEEN ISSUED TO THE INSURED NAMED AIM FOR THE POLICY PERIOD(S7 TED, NOTWiIHST ANY RROUIREJW:NT. TOM OR CONDITION OF ANY CONTRACT OR OTHER WM RESPECTTO VYFICH THIS FIGTE MAY BE ISSU OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY(IES) DE$CRISED HEREIN I81ARE SUIJWT TO ALL THE TERM ' EKCLUSIOW AND CONDMTKM OF allCH POLICYpES)• NqR an I IRMA= DOOMPMUGFURAOOnrorALrrsElte4T ADOnIORALeIeJ" LOeI<PAVES NUKAROA0WM6 ,AOOn10WLMTEREST Collin in Cou* Admistrative Division Purd*ft LENDERS WSSfAraM 33271famiwni Trail Fist qpa LOAW/LEAN POLICY NlpreER oA D (111E Y q uwm cOrresaED81r1Gt6WMr s 917 1- F10 -60A 09110/2013 12/1012013 0WLY INAAy IPx P&W) s 1.000,000.00 BMKY PW MddWo s 1,000,000.00 PROP& rY OAYAQG s 1.000.000.00 slraRAL epc►+ oxuasNCa s OCCUM RENCE QN6PALAGWAUTE s w�DE s No Lm pc=T ErveOm�rt roueY m4"rm VR r" or MIRAM POLIO MUSIaR DATE (MWDOrY M DANOWDIVft ) Lana /ocorrChltll X VlH LU3MLOSS 917 1f10.69A 06/1012013 12N02013 M ACV ❑ AOREEDAMT s Lmr E3 O $TATEO AW s =.DO an v8r, P LJ VIM OTC 917 1- F10 -59A o9/1o/Z019 1?J1aT2013 p ACV p AWMDAUT s uwT Q p trATED Arrr : Spp,00 MID C3 ACV ❑ AMIDAUT OROAD p RC 0 STATEDAYT s raw G $ o� REMARIO(MICLYDIIe OoronrorslowraR ws• enAOOlto, a,Ars�R..raare.aMwwow.w�.dro++N Conbad S 12.5880 -RVA of WgAlll Ian Maintesnanoe ". FIN I`I1 lI`i'.!,' ieiW one of the f SHOULD ANY OF THE ADM DESCRIBED POLICIEa EE CANCELL[D )( Tin moor molt w color Mt Boon b ne porLy(bh dfbOlnroln br Pah m.+bor(s). BEFORIi TIES gJUVIATION DATE THEIIBOF, NOIN:ETALL LIE A rrNUp rNr own wsae me asBllenol rrrnu ewmbra orlon b tw v rf W DEL*VW IN ACCORDANCE WITH TM FOLW PROYMIONi. VE=AId&AVsl T Llum I IRMA= DOOMPMUGFURAOOnrorALrrsElte4T ADOnIORALeIeJ" LOeI<PAVES NUKAROA0WM6 ,AOOn10WLMTEREST Collin in Cou* Admistrative Division Purd*ft LENDERS WSSfAraM 33271famiwni Trail Fist LOAW/LEAN Naplsp. Florids 34112 AUMOMID REPgpiTAtME R ' ® I WT- TION. AN fool r"WOM ACORD 23 (2 "G) The ACORD name and logo are regietared marks of ACORD 1004391 142072 01-29-2013 ut I. 4. to I i 4:41YM NO. 459 165A 1T' VEHICLE Oft EQUIPMENT CERTIFICATE OF INSURANCE , NOVA" TIM IS ISSUED A$ A R OF INPORMATWN ONLY AND CONFERS NO RiGHT3 UPON THE CERTIFICATE HOLDER. THIS caknpICATE NOT APFMM Y OR NEWA11VELY AMEND UTIM OR ALTER THE COVERAGE APPORDED BY TIE POLICM BELOW- Tm FICATE OF 0018 NOT CONSTITIIll A CONTRACT S TVMEN THE tSSUNG INSURER 4 AUTHORIZED REPRB A OR PRODUCER, AND CHIMPICATE HOLDER. .This form We woo is report warmses to a skgb specAo vehicle or equipn *K Do not uss this form to report Nsbft oo mp pmww fa velnoles Under s sirple poky. Use ACORD 26 for that purpose. PRODUCER Re Dien SLINFOM RaybazAgot 3OM234204 P 305686•ti174 ieW M$t 20 Avenue sure • FGakok Florida 33016 IHl.00MM �Cl.IWY.!! AN /f01G� WM� Pane MutWW ALAI Mob& Namnae CNWW BUSH HOG MC 47804TH AVE NE MAOLM FL 34120 -9087 1.1 2,3«-l1-lA Ti ^re''ATi TEAn 2010 /MNWFACIUW Fad F36® I WOOL aDD rm TSD PIU v9N ICIA M ICAM MINIrNLR 1FTVVVY30F JUM1814 DSaCrinm OF SUCH POLICY(IES). soW►L NWAM �A - r-, -i1 11_7VIllfT THM IS TO CE THAT THE POLICY OF INSURANCE LISTED BELOW FIASIH VE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIODS) TEO NOTVNTHS7ANDINORNY REQUIREMENT, TERM OR CONDITION OF ANY OONTRACT OR OTiIFJi DOCUMENT VYrT H RESPECT TO MICH THIS MAM MAYBE ISSUE OR MAY PERTAIN, THE INSURANCE AFFORDED BY T M POUCYOES) DESCRIBED HEREW MARE SUBJECT TO AU. THE EXCLUSIONS AND OF SUCH POLICY(IES). WIN AM 11 I F*=w*GCMM pammm"m "unum POL16Y NYMIO[R DAM PONO ( OWW" UNM Zi UAWtY comomoSwr, SwwT s e00u.Y INA0Ry Fur 0w) i 1000,000.00 810 1 -014li9A 1W14lZ013 OM14R014 SOWLY WARY F W W OOMq s 1 000,00 PROMYY DAMA89 s 1.000.000.00 BsMpIAL mAm 0CCuAft= S OCCL"ENCB IS cLruLG LA�DC s acme L,m Lora PAVU Tmop oisuRa S MLICT NUMM POLICY Apf6=n RAU 0lWOarrTTf Pmov MOM=" OAussuoD1 mm uwrs r DSal Tvu X vm us" LOW 9107651-01449A 10110413 04/142014 d ACV p AGRROAMT s LOW ❑ Q STATED AMT $x.00 am VLF/ ViiNOTG 910 1- n14�BA 10M412013 ou14l2ou ® ACV 13 AOFAWAMT S LNW Cl ❑ STATAD AMP $500.00 MD PROPERTY!' ❑ ACV ❑ AAREEDAMT MW MAD ❑ Rc ❑ STATED AMY i WAIT sit ❑ s otrD IIEMAtoa:pNOwoIMR; oOMaTNOMs/ODM- YWASACON W%AOeM"Xmwmft2obftU%NM.r..rmwb ph 4 S888p Coftw 912 'RW of WWIMedian Ma(nbnanw. ADDITKNiAL I R 1 I CANCELLATION aska a" of plc SHOULD ANY OF TW AYOME DESCRBED POLIO W CANCELL® Tm atl w"m i ouMw.o oaia" �. m M pew(" wu wain ty p� mil. SWORE THE 9XPUa>noN DATE THMEW. NOTICE WMALL W - --- -n Ne sASeltt aesNlM- Imm stdowd"obelaw ee or powdo DELNEW 0 ACCORDANCE WAIN 11% POLM PkOMSKM vENSOIt /SQIIIrIIS►rr T! wASSO mum D!' G10IfIDILOMTLIlAOOnIDNALNNraI�ET M WAMM RlSS oDDW4WU.WiW W x AoOnpwncAWRID NASSWiSE COIF Cour ty Administrative 8 Wass Division PwrtdWVvV ULgDln LOSS MIIR 3327 lTamiami Trail East N DAN / L&M WJ a NAP10, RWO 34112 AUTHo DREPREEWTALl" 01 SID 10 ACORD CORPORATION. AN rl" rsssrvsd. ACORD 23 (2016" The ACORD name and logo are regh 11 I msriNs of ACORD 1004381 142147.2 01282013 OCT. 4. 2;013 4:43PM NU, 459 IF-6 A 17 I cad' VEHICLE 02 EQUIPMENT CERTIFICATE OF INSURANCE THIS TE IS ISSUED AS A OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C®ITIFICAT! FOLDER THIS CERTIFICATE NOT AFNRMA Y OR NEGATRIELY AMEND\ WEND OR ALTER THE COVERAGE AFFORDED N1f THE POLICIES 8EI.0W. THIS _ YE OF INS DOER NOT CONBT� = A CONTRACT ffiETWM THE MUM MSURMM, AUTHOPUM RMRESENTA OR PRODUCER AND ALDER Do not tMie fhfs form to rsPm This form is m aav� P*�d to a sinols specific vehicle of NPAPObMtf. provided to vehiOlss tnrdw a skqb poNcy. Use ACORD 25 for thin purpose. Ray s0o110ER I APP 305423-4= S � X568.6174 �FaM Rey Dies 760 What 20 Av"W Sube S 1 WmW* Fbddo 33016 rtAld:s NElRiD A: Stm Farm m" mw mobft tnw moe Company 26178 CMUCHI BUSH HOG INC s' 4755 4TH AVE NE N#PLES FL 34120.9087 VOM NNOIYANM\ACTU M 1995 Forth iB�ifOrr THIS IS TO C T1FY TMAT THE Fix PER100(Si TED. NOTWITHS WIHICH THIS �I1TE MAY BE ALL THE EXCLUSIONS_AW mom ow TYPE IJTA TRK UTIL TRK ANY REWIIIid MNT. TERM OR CONDITION OF ANY CONTRACT O OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCY(E 11ONS OF SUCH POLICY POLICYEPPl0r1YE POUCrdcdPrRATroR Poucy Ntlmak W►11lfrwioemYY� OATt(wMIC01Y y" 078 6793-011- G ultncs MG MAN E OF INSURANCE I rOUGY mumBut 00 LOON LM 078 793A114W E;=p WE" OTC 078070"11-M ry c n eROAo 1(M112013 1 py11/2014 POUCYEPPEam 10/11/2013 10films 04/1112014 04/11/2014 reMU►RNS sPECU►L COND110610MR /Aar AOOM,Ot, Aawa\.I Retails Sabel %In\b\e.►. A r Coebad 0124MR "Right of Way/Median �Ms�tteamnoe "• Shcm ore ar ow"Norrug. X Tho laetanod damwd .r Wow has bow to ra ►oll *0 raw mwaby POKY wnerp> Alogikltlw rlanMlMdlDiddUllall0lYellrllnl dMQaMdbtbwlpMrOrq(aiI VfBddeLE f NITNtEiT: IiASEO PiNANOED NArM1A1O O►AOOrAONMLEflERlST Coturiy Adm{nid Milla Servioda Diet PwM+"W 3827 Tmni*6 TMN Emd lorida NApift F 34112 ACORD 23 ( M v�scLE roadllncitTroR Rurrnit AS30� SBWL WAO R M6URE0 NAMED ABOVE FOR THE POLICY t O7THM DOCUMENT WITH RESPECTTO 1 DESCRIEED HEREN ISM SUBJECT TO WETS OOWA040 ZW= urT s YOOIa l"W f "mm) $ 1.000,000.00 e00M.Y "JURY iP.roo "m s 1.000.000.00 ►RoPFrm DNA#M s 1 000go.00 CACM occuRoM s GEGMLAOOREQATE s s uMr>SdoBOUCnw.E © ACV ❑ AGREEOAW S UWT C3 p srAMAW a 500.00 0® p Acv p AGIMOAMT s Low ❑ ❑ STATO"T S 5" ow — C3 ACV D AGREEDAMT S LAW ❑ RC ❑ STATW AMR S D® SHOULD ANY OF THE ABOVE DWtRIBED POUCW 10 CANCELLED BEFORE THE EXIMIRAT10N DATE THEREOF, NOTICEMIR.L BE DELIVfRRD M ACCORfaaANCfi Yrrril THE PONCY PROVISIONS. OF�pol/TION OP THE AppngNAta►TjlliST X AOpfl KU nodal® LOW PAM t.;; Lm PAVEE LOAN /r131►yENt mm 019l7t10 ACOW.XORPOMTKM All nW= rWMVp. The ACORD r*Me and logo W* mglaerod n &ft of ACORD 1004361 142967.2 01- 28-2013 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO - " ; F f- THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG�A 14.- 1 1 , i�•, _1k,. Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 1'"� /1//, 2. County Attorney Office County Attorney Office (o n , ,�/f f I 3. BCC Office Board of County �� V1V Commissioners /S/ `1lV"k `l� 4. Minutes and Records Clerk of Court's Office -r --- (1 ()-0 (k_5 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, October Phone Number 252-8375 Purchasing Staff .isr,2013 Contact and Date o� Agenda Date Item was October 8,2013✓ Agenda Item Number 16.A.17I, Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 12-5886R Caribbean number if document is Number/Vendor Name Lawn to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready fort e Chairman's signature. / 16A17 ' MEMORANDUM Date: November 22, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5886R "ROW/Median Mowing Maintenance" Contractor: Caribbean Lawn & Garden of SW Naples, FL Inc. Attached is an original copy of the contract referenced above, (Item #16A17) approved by the Board of County Commissioners on October 8, 2013. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment AGREEMENT 12-5886R 16A17 4 for Right of Way/Median Mowing Maintenance THIS AGREEMENT is made and entered into this ' day of ( c.4-o6— , 2013, 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 Caribbean Lawn & Garden as the Secondary awarded vendor for Rural Mowing, authorized to do business in the State of Florida, whose business address is 3307 DeSoto Blvd. South, Naples, Florida 34117 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -1- (71 ) 16 " 7 . 4 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: Caribbean Lawn &Garden 3307 DeSoto Blvd. So. Naples, Florida 34117 ATTN: Maria Caraza, Vice President Phone: (239) 455-7278 Fax: (239) 455-7645 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 3327 East Tamiami Trail Naples, Florida 34112 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 Fax: 239-252-6480 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. 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 Page -2- CA 16A17 *01 operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement Page -3- cA 16A17 until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. 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. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. Page -4- CA 16A17 19. 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. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 written Order shall be issued to document the consequences of the changes or variations. Page -5- 16A17 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. 24. CONTRACT ADMINISTRATION,. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be Page -6- CA O 16A17 required to maintain records on each employee and make them available to the County for at least four (4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank*************************************** Page -7- CA 16A17 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF •UNTY COMMISSIONERS ATTEST: COLLIER •U TY, FLORIDA Dwight E Brock,:CIerl of Courts • `y, /WO • C By Geor•TrA . Hiller, Esq., Chairwoman Dated: • • i Attest aiirman's signature only. Caribb- awn & Garden Co / -to By: �?� �---- st Witness Signatur 27 Type/P '-•Witness Name Typed Signature fr ) , Second Witness Title Ca 2/ 09 Pak-c„ Type/Print Witness Name Approved as to form and Lee ality: • A _ _ ka:17,• ssistant ••unty k ttorney Item* EdC1-` Agenda LO:-.1S3 Date Date `l- Rec d Dep 0:'5-7 Page -8- rn 16A17 EXHIBIT A— BID SCHEDULE Rural Mowing DESCRIPTION UNIT *QTY UNIT PRICE Rural - Large Machine Mowing Acre 1 $ 17.00 (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 7.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ 65.00 Equipment Operator Hour 1 $ 55.00 Labor Hour 1 $ 50.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) % 1,000 $ 0.25 Page -9- 16A17 ACORO DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Diana L. Hatton, AAI NAME: Herndon Carr & Company (PHONE No.Eat)), (239)939-1996 FAC,No):(239)275-0277 10501 Six Mile Cypress Pkwy. E-MAIL diana@herndoncarr.com Yp ress ADDRESS: Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Fort Myers FL 33966-6400 INSURERA:Scottsdale Insurance Company INSURED INSURER B: Caribbean Lawn and Garden of SW Naples FL Inc INSURERC: P 0 Box 990866 INSURERD: INSURER E: Naples FL 34116 INSURER F: COVERAGES CERTIFICATE NUMBERMaster 2013-2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL B POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS (MMIDD/YYYY) {MM/DD/YYYY] GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR X CPS1722273 4/10/2013 4/10/2014 MEDEXP(Any one person) _ $ 55,000, PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ IFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) — X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE A113723 10/30/213 04/04/2014 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is listed as additional insured with regard to general liability per attached CG2010. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3327 E Tamiami Trail AUTHORIZED REPRESENTATIVE Naples, FL 34112 Reed Herndon/DIANA //2,2,4,4 �ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/2nlnnRi m Thos Arc In l nnmos nnrt Innn pros rosnictosrosrl mnrkc of Af'CIPfl 16A17 POLICY NUMBER: CPS1722273 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Oganization(s) Location(s)of Covered Operations COLLIER COUNTY BOARD OF COUNTY 3307 DESOTO BOULEVARD S. COMMISSIONERS NAPLE, FL 34117 2800 N. HORSESHOE DRIVE NAPLE, FL 33942 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured the person(s)or or- ditional insureds, the following additional exclu- ganization(s) shown in the Schedule, but only with sions apply: respect to liability for"bodily injury", "property dam- This insurance does not apply to "bodily injury" age"or"personal and advertising injury"caused, in pp Y Y 1 ry" or "property damage"occurring after: whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainte- behalf; nance or repairs)to be performed by or on be- in the performance of your ongoing operations for half of the additional insured(s) at the location the additional insured(s) at the location(s) desig- of the covered operations has been com- nated above. pleted; or 2. That portion of"your work"out of which the in- jury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 GENERAL AGENT 10-29-2013 11:56am From-PE4982 11 1 6 PA/1 7-354 AC[7►J14D J, ll j• DATE(MMroomYYf ACC CERTIFICATE OF LIABILITY INSURANCE I 10/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION ION 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 Iiou of such endorsement(s). PRODUCER Brian Glaeser Insurance •r` NAI,IE PHONE FAX 3765 Airport Pulling Rd N Ste 101 AJC-xo.FxU:239-774-0665 tAIC,Na);239_Z74-5581 Naples FL 34105 ADDRESS; _ INSURER(S)AFFORDING COVERAGE _ NAIC n INSURER A: INSURED CARIBBEAN LAWN &GARDEN TL INSURERS; PO BOX 990866 INSURER C: _ - NAPLES FL 34116 INSURER D: _ INSURER 5; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR "ADD hvgg ___ L • TYPE OF INSURANCE • , POLICY NUMBER M OD MUJO. ExP LIMITS GENERAL LIABILITY EACH OCCURREnn;[: $ COMMERCIAL GENERAL LIA91LITY • I31=10 RENT:D _elEMISES(He omarencol s CLAIMS-MADE IM I OGGVR MED IDCP(Any um par,on) $ -'-- PERSONAL IL ADV INJURY $ GENERAL AGGREC IATE $ GEN'L AGGREGATE LIMIT APPLIES PER; POLICY PR.- LOC PRODUCTS-COMIYOPAGG S AUTOMOBILE UAU $ ■ •MFINED I L LIMN' ILITY _.(Ea accident/ $ Z,000,000 - ANY AUTO 4820632 06/25/2013 12/2512013 BODII Y INJURY(P,.r pefaon) $ X ALL OWNED III SCHEDULED _ AUTOS AUTOS BODILY INJURY(Pi(acGtlen0 y HIRED AUTOS NONE WNED PROPERTY DAMAC•E_ --- AUTOS _(Par 9•SJdenl) f UMBRELLA LIAR ■ OCCUR I■ . — EACH OCCURREN(:E $ EXCESS LAD _ GLAIMS-MADE - • • ■RETENTIpNf AGGREGATE -_ $ I WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY ■ VYC STATU- pTH- ANY PR OPRIETO7)PARTNER/FJ(ECLJTIV✓:tY I N QRY•AC FR OFFICE/MEMBER EXCLUDED? N!A �, E.L.EACH ACCIDENT $ (Mandatory In NH) if sec,aeca,be unEcr E.L.DISEASE-EA EMPLOYEE f 1 • • • • • •�" EL DISEASE-POLICY LIMIT $ ^^■ fill DESCRIPTION OF OPERA110N5 I LOCATIONS J VEHICLES(Attach ACORD 101,Addliional Remarks SCI WOUIQ,It more apace IB required) CERTIFICATE HOLDER CANCELLATION Collier County BCC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 E.Tamiami Trail ACCORDANCE WITH THE POLICY PROVIS• 'S. Naples, FL 34112 , NV ri I�*, AUTHORIZED REPRESENTATIVE E)1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 16A17 ° DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 10/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doug Jones do Artex Risk Solutions,Inc. PHONE 480 951 4177 FAX 4 (A/C.No.Ertl; ( ) (A/c No): ( 80)951-4266 8800 E.Chaparral Rd,Suite 230 E-MAIL Scottsdale,AZ 85250 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: American Zurich Insurance Company 40142 _ INSURED INSURER B: Oasis Acquistion, Inc Alt.Emp:CARIBBEAN LAWN/GARDEN OF SW INSURER C: NAPLES FL INC dba:CARIBBEAN LAWN/GARDEN OF SW NAPLES FL - INC INSURER D: 2054 Vista Parkway Suite 300 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 13FL075824158 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP-w LIMITS LTR INSR VD POLICY NUMBER JM )J M/DD/YYYYMM/DD/YYYYL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ • PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 'r LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ _ _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ' DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A OFFICER/MEM ER/EXCLUDED?ECUTIVE Y/N N/A WC 29-38-687-11 06/01/2013 06/01/2014 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 06/01/2013 06/01/2014 Client# 50083-FL DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CARIBBEAN LAWN/GARDEN OF SW NAPLES FL INC Coverage is provided for dba:CARIBBEAN LAWN/GARDEN OF SW NAPLES FL only those employees INC leased to but not subcontractors of: 3307 DESOTO BLVD S NAPLES,FL 34117 CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 E Tamiami Trail THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Naples,FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO.:.,, ;, 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 1'1 Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk //Sly 2. County Attorney Office County Attorney Office ! agI 3. BCC Office Board of County l Commissioners \`f\t 4. Minutes and Records Clerk of Court's Office ,t 12o I15 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, Phone Number 252-8375 Purchasing Staff October 24,2013 Contact and Date Agenda Date Item was October 8,2013✓ Agenda Item Number 16.A.17 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 12-5886R Superior number if document is NumberNendor Name Landscaping to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �,�o�j C by the Office of the County Attorney. `�`^"� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for ,he Chairman's signature. 16A17 MEMORANDUM Date: November 22, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5886R "ROW/Median Mowing Maintenance" Contractor: Superior Landscaping & Lawn Service, Inc. Attached is an original copy of the contract referenced above, (Item #16A17) approved by the Board of County Commissioners on October 8, 2013. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A » AGREEMENT 12-5886R for Right of Way/Median Mowing Maintenance THIS AGREEMENT is made and entered into this �� ` day of O 6,2r , 2013, 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 Superior Landscaping & Lawn Service, Inc. as the Tertiary awarded vendor for Rural Mowing, authorized to do business in the State of Florida, whose business address is 5740 Zip Drive, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -1- Ap 16A17 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: Superior Landscaping & Lawn Care, Inc. 5740 Zip Drive Fort Myers, Florida 33905 ATTN: Orlando Otero, President Phone: (305) 634-0717 Fax: (305) 634-0744 superlandscape @Bellsouth.net 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 3327 East Tamiami Trail Naples, Florida 34112 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 Fax: 239-252-6480 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. 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 Page -2- 0 16A17 operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement Page -3- cA 16A17 until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. 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. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. Page -4- 16A17 19. 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. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 written Order shall be issued to document the consequences of the changes or variations. Page -5- CA 16A17 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be Page -6- CA 16A17 required to maintain records on each employee and make them available to the County for at least four (4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank*************************************** Page -7- CA 16A17 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF 0 NTY CO∎' MISSIONERS ATTEST: COLLIER OW/TY FL* -IDA Dwight E. Brock, Clerk of Courts By: 1. : A . _r�.N ' r By: At 0411 . ; , Geor' �A. Hiller, Esq., Chairwoman Dated: I i i.�:; ?tat, Attest (Seal teliair s;'% signature oniy:-;ja‘ ° w : :-,- Superior Landscaping & Lan wService, Inc. Contractor I1E -� By: _. Fi_ iWi ne `- Signature Vil it - , , 0✓IGndo Qk,v T p- Tint if - Typed Signature Secon• Witness Title Cet/ atAp ild Type/Print Witness Name Approved as to form and Legality: AkA - - -...Alb./ .I Assistant ount Attorney `g.". Item# ... -n Agenda 1,.1., Date �1 -- Date t','0-1� Recd I I eputy Clerk Page -8- CO 16A17 4 EXHIBIT A— BID SCHEDULE RURAL MOWING DESCRIPTION UNIT *QTY UNIT PRICE RURAL - Large Machine Mowing Acre 1 $ 26.00 Total Bid For Rural Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 10.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $ 35.00 Equipment Operator Hour 1 $ 38.00 Labor Hour 1 $ 28.00 Material Mark up (not to exceed 25%) in unit price include your percentage (e.g., a 15% markup would be .15 x $1,000 = $150) ok 1,000 $ 0.20 Page -9- CA ----� ® AA2 ,1 6 A CERTIFICATE OF LIABILITY INSURANCE 10/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Fortun Insurance FAX (A/C.No.EXtr305-445-3535 (A/C,No):866-415-0825 365 Palermo Ave. E-MAIL Coral Gables FL 33134-6607 ADDRESS:mail @fortuninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:St. Paul Guardian Ins Co. INSURED 51999 INSURER B:Phoenix Insurance Co Superior Landscaping&Lawn Service, Inc. INSURER C:Travelers Insurance Co. (CL) 2200 NW 23rd Avenue INSURER D: Miami FL 33142 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:74899968 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y Y GL08102620 11/7/2012 11/7/2013 EACH OCCURRENCE $1000000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 PRO- -1 POLICY JECT LOC _ $ B AUTOMOBILE LIABILITY Y Y BA-399M500A-11 11/7/2012 11/7/2013 COMBINED SINGLE LIMIT 1000000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ C X UMBRELLA LIAB OCCUR QK06804776 11/7/2012 11/7/2013 EACH OCCURRENCE $4000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4000000 DED X RETENTION$10000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Collier County Board of County Commissioners named as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 East Tamiami Trail Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16Ak7M \R A mvY) CERTIFICATE OF LIABILITY INSURANCE 10/23/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305-442-9507 CONTACT Insurance Marketers,Inc. 305-447-8527 PHONE FAX 2600 Douglas Road Suite 712 =NIL.Ext): (A/C,No): Coral Gables,FL 33134 E-MAIL ADDRESS: Evarist Milian,Jr. PRODUCER SUPER-8 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Superior Landscaping&Lawn INSURER A:Twin City Fire Ins.Co. 29459 Service,Inc. INSURER B: P.O.Box 35-0095 INSURER C: Miami,FL 33135 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR, VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED 7 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) _ $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY jECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT --- (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS --- PROPERTY DAMAGE $ __ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _$ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 21WBN01877 12/01/12 12/01/13 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Landscape Gardening Contractor-Coverage is subject to terms,conditions, deductible and exclusions as shown in the policy. CERTIFICATE HOLDER CANCELLATION COLLIE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3327 East Tamiami Trail AUTHORIZED REPRESENTATIVE Naples,FL 34112 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP - TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO jfi A 1 ? THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA f1 Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk d p i f r y ff 2. County Attorney Office County Attorney Office / 3. BCC Office Board of County GEC ,Lt\f‘\( 1\1131t3 Commissioners // tr1\c \3 4. Minutes and Records Clerk of Court's Office --IC I I \W(15 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, October Phone Number 252-8375 Purchasing Staff 15,2013 Contact and Date Agenda Date Item was October 8,2013 V Agenda Item Number 16.A.17 L/ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 12-5886R Everything number if document is Number/Vendor Name Green to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for he Chairman's signature. 16A1 / MEMORANDUM Date: November 22, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12-5886R "ROW/Median Mowing Maintenance" Contractor: Everything Green Lawn & Tree Service, LLC Attached is an original copy of the contract referenced above, (Item #16A17) approved by the Board of County Commissioners on October 8, 2013. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment AGREEMENTI2-5886R 16 Al7 for Right of Way/Median Mowing Maintenance •THIS AGREEMENT is made and entered into this day of Oc- b — , 2013, 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 Everything Green Lawn &Tree Service, LLC as the Secondary awarded contractor for Urban Mowing, authorized to do business in the State of Florida, whose business address is 1322 Orange Street South, Immokalee, Florida 34142 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period starting from the date of Board of County Commissioners award. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments based on CPI Index and are dependent upon budget availability and program manager approval. 2. STATEMENT OF WORK: The Contractor shall provide mowing services for the Collier County Road Maintenance Department in accordance with the terms and conditions of Bid #12-5886R and the Contractor's proposal referred to herein and made an integral part of this agreement. Additional mowing projects or additional services outside of the routine maintenance may be required. These new landscape maintenance projects may be quoted as a portion of this contract, or, a separate solicitation may be issued. The award of this contract was made on a Primary/Secondary/Tertiary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary Contractor may be utilized, and then Tertiary. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Page -1- 16A17 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: Everything Green Lawn &Tree Service, LLC 1322 Orange Street South Immokalee, Florida 34142 ATTN: Rogelio Cantu,Jr., President Phone: (239) 503-9133 Fax: (239) 657-6967 Martha_Cantu_@hotmail.com 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 3327 East Tamiami Trail Naples, Florida 34112 ATTN: Joanne Markiewicz Interim Purchasing/General Services Director Phone: 239-252-8407 Fax: 239-252-6480 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. 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 Page -2- 16A17 operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement Page -3- CA 16A17 until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, 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. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. 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. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Policy. 16. 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, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. Page -4- �q 16 A 17 19. 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. 20. 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. 21. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. 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 written Order shall be issued to document the consequences of the changes or variations. Page -5- c,� 16A17 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. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance Department. 25. 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. 12-5886R solicitation, Exhibit A — Bid Schedule and any addenda, etc, made or issued pursuant to this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records: Contractor shall be Page -6- cy 16A17 required to maintain records on each employee and make them available to the County for at least four(4) years 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB and/or the Contractor's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the ITB and the Contractor's Proposal, the language in the ITB would take precedence. 36. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. ***********************************Remainder of page intentionally left blank***""t*****'"'*************'`'`** ****** * Page -7- cq 16A17 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: }kr}.t COLLIER COU , FLORID Dwight E. Brgok, CIe(k.Qf courts By: 1 c� .`:� • • By Georgia A. iller, Esq., Chairwoman Dated: s 1 : attest as to C a t Plan's_. signature only.; Everything Green Lawn & Tree Service, LLC. YIAA-(1 Contractor ,,. By:First Witness • Type/Print Witness Name Typed Signature i Second itness Title Type/Pr. t Witness Name Approved as to form and Legality: DIY Assistant iri•unty Attorney Item# Ik ( Agenda 0'-I 3 Date ta �Q Date I 3 Recd tI � ieputy'm'�� Page -8- c� 16A17 EXHIBIT A— BID SCHEDULE URBAN MOWING DESCRIPTION UNIT *QTY UNIT PRICES (All Mowing Cycles include Litter Removal and MOT) Intermediate & Small Machine Mowing (Two Week Urban Cycle) Acre 1 $22.00 TotalyBud_Fon/rban Mowing (All Mowing Cycles include Litter Removal and MOT) Litter Removal Only (As needed Basis) Acre 1 $ 5.00 Additional Fees/Emergency Services Supervisor/Foreman Hour 1 $35.00 Equipment Operator Hour 1 $35.00 Labor Hour 1 $30.00 Material Mark up (not to exceed 25%) in unit price include your percentage(e.g., a 15% markup would be .15 x$1,000 = $150) 1000 $ 0.01 Page -9- A 13-11-08 14:50 .-- HOME 2396576967 >> 2392528048 CERTIFICATE OF LIABILITY. INSURANCE 1. 6 11 1 „ II:712013 P 1/ (7C,Rfjr VAS IZERTSICATE M*S-L.T: AS-A MATTOR-DE 0*---Pv..rski—o.•140*.„-Y Nal ozoire'es-No Rows UPON THE COMMA-Mt:tiOLMR,.T.Hfej :14T 149WTY6.-Z.: ": A-VACATE DOES NOT AERRATATAIELY OR fOC4ATWELY-ANI.EINO EXTEND- OR ALMA-we 0YEAtAGE AffORDED BY THE .AOT=ES ., ELMAF.. TWA IFTWICATE:OF-WSIMANc._ DOES tanT If.:70W'Tf rpm- A..4"-`-. 15n'-sETwts--st 1.1-4,E giskAaia REPAESEMATNE CR PROAASR,ANWA TASZ COT' AE_ .1,01,00L, ,...,....• - - _- . -.-- -- : _ -- . _. -- .. . - .- ... ..-.- . -. . 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'rn-'1: ":: :, . ,.:::: Ifj....a.....t..i.,-EA NWI..-af„-='..T.,:: .V. 11?, .7,4"04` . . . .. .. . :...--QEir :V.T,',1;14 CR:,',IW:+:A;,i;fttqf' .bee:.*,-....... ,- :: ... :i : 1"5:24.,M:r:•-KR.0.1,1, ..._...... -. ..-•.•;: ..._ . :.:, . _...._ -.:•.- • • .... ..----..-....__._ . . .. . ---- . . , . . . , . 1 . . ._. . .n-E-5.-C.F21-W--7:40N Car-5P55F-4-2,n0g5 .Wq.'5.725:5.---,-!-i.-E-;,,5:55.5-: 'A,C.-rj.4.*-,-.V.:Adit':Qii: ,-Km:-.,074$:--541?. ?4,-;,.,,,,I.,,-4to•1'0-01.40:WO.4,v.a,r,'74W.4',K*.Wieed -aa.:•-a:$:-s ;14o.wig '',..12:1.11er Coun.ty _Board 1.- cotalty- .Cazroblosiorters _axe- nezes as Ackli.ti-orrati. , Insureds on both of these -pOI1O14-$: -.. CERT::+7.C4E. H ,a.F.A. .cA-••:7jsc.,: „1. A1104,4 .. -. .... .... . .. ,....„T., Coll-iocr.' Co Bogo,..-d ot...-x. Co Cmumit..-g--.;topers 1 g ---s...,•...taiw AMY-OF-T7..4"E.-.44-,_,A0v.S....DEK.Rgaz:-..,1.1-pouctE,s.ez-ok,44-aeaso st-7.-.F.c.A.1,7-7, il 3227 T41,10A1“. Trail. East 1 THE Erefe,AT-kw DATE -mER..F..-o-F NOTICE. tA4-Til, ES_ tVLIVEMI W. -'.i lf,-a-p-I0.5-, •-.EL. 341.12 :=; f_441.7tC-IVITA-1 -.'4,-,A,TH THE pr„„).licy PHOOSVINiS. gTAN-Ss-E,4,0:41. ,...• '-' .-1/1,- 1e. -,- „- t •.- 4.-: • - t..r...„,./...:- : . ... , ,,.,,.. ..-.•....--.....0-,,..c.-..„ .• -• ••:------:: . --:. ..-.... -• -•-•• . -- c•:=..-4.;•,..4,.....,,,..,-.14:._A-z•:-:,-tt.A.,.,0.,§.,,,,,,,d.. .4,_. -Tha-Acge.,0-osrre ard?pg-am Telistem.d malts.L'$AORZ- _ ......._..._. • --.—____.....,........ . ._.....„... .,., „.. . _.._ -.-- ...„...._._....._.__.._... .. CERTIFICATE OF LIABILITY INSURANCE I 0i 2013 Producer: Lion Insurance Company This Certificate is issued as a matter of I 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 polides below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A. Lion Insurance Company 11075 2739 U.S. Highway 19 N. insurer B: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages The policies of insurance fisted below have been issued to the insured named above for the porky penod indicated.Notwithstanding any requremerrt,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insuarce afforded by the policies described herein is subject to all the terms,exclusion,and coalitions of urn policies.Aggregate limits shown may have been reduced by paid claims. NSR ADDL Policy Effective Policy Expiration Date Limits LTR MSRD Type of Insurance Policy Number Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence $ Commercial General Liability Damage to rented premises(EA Claims Made Occur mince) $ MedEp $ Personal Adv Injury $ General aggregate limit applies per. — General Aggregate $ J Policy ❑Project ❑ LOC Products-Comp/Op Agg $ AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Aura aomfiy lazy AI Owned Autos (Per Person) $ Scheduled Autos Hired Autos Boairy li ry MN Non-Owned As (Per Accident)Non-Owned Property Damage (Per Accident) $ EXCESS/UMBRELLA LIABILITY Each Occurrence ROcar ❑Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2013 01/01/2014 X I WC Statu- I I OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 51,000,000 Other Lion Insurance Company is A.M.Best Company rated A-(Excellent). AMB#12616 Descriptions of Operations/LocationsNehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 91-67-338 Coverage only applies to active employee(s)of South East Employee Leasing Services,Inc.that are leased to the following'Gent Company": Everything Green Lawn&Tree Service,LLC Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s) ,while working in:FL 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. Project Name: ISSUE 10-07-13(EP) Begin Date:7/3/2013 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Should any of the above described policies be cancelled before the eibiration date thereof,the issring irsurerwill endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or lability of any kind upon the insurer,its agents or representatives. 3327 TAMIAMI TRAIL EAST NAPLES, FL 34112 o' , Fax Server 10/22/2013 10: 48 : 03 AM PAGE 2/002 Fax Server 16A17 PRtifiREEFIVE GREAT FLA INS/FM-1 4901 PALM BEACH#390 FT MYERS,FL 33905 1-239-694-2886 Policy number. 02458411-0 Underwritten by: PROGRESSIVE EXPRESS INS COMPANY October 22,2013 Page 1 of 1 Certificate of Insurance Certificate Holder Inured Agent Additional Insured EVERYTHING GREEN LAWN AND GREAT FLA INSIFM-1 COLLIER COUNTY BOAR TREE SERVICE LLC 4901 PALM BEACH#390 3327 E TAMI TRL 1322 ORANGE ST FT MYERS,FL 33905 NAPLES,FL 341120000 IMMOKALEE,FL 34142 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. Policy Effective Date: Oct 21,2013 Policy Expiration Date: Oct 21,2014 Insurance coveragels) Liens BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT PERSONAL INJURY PROTECTION $10,000 W/$0 DED-NAMED INSD&RELATIVE Description of Location/Vehicles/Special Items Scheduled autos only 2002 FORD EXCURSION 1 FMNU43522EB87693 COMPREHENSIVE $500 DED COLLISION $500 DED Certificate number 29513NET411 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. )c:=9,41L Fowl 5241(10)07)