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Backup Documents 10/13/2009 Item #16E 116E1 MEMORANDUM Date: November 5, 2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Ciano's Tile & Marble, Inc. Attached is the original document, referenced above (Agenda Item #16E1) approved by the Board of County Commissioners on October 13, 2009. The second original contract will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252 -8406. Thank you. Attachment 16E1 A G R E E M E N T 09-5253 for Purchase and Installation of Floor Covering THIS AGREEMENT, made and entered into on this 131h day of October, 2009, by and between Ciano's Tile & Marble, Inc., authorized to do business in the State of Florida, whose business address is 5680 Halifax Avenue, Fort Myers, Florida 33912, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on October 13, 2009, and terminating on October 12, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide for the sale and installation of floor coverings in accordance with the terms and conditions of Bid #09 -5253 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal. A quotation will be required from one (1) vendor for work under $50,000. For all work over $50,000, quotations will be required from all contracted vendors. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Page 1 of 7 16E1 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, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. DEDUCTIONS: The County reserves the right to deduct portions of the invoiced amount for services not completed within the expressed time frame, including required deliverables, incomplete and/or deficient work. This list is not deemed to be all inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of any deficiency if the Contractor fails to correct the deficiency within the specific timeframe, these funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services and /or items necessary to correct the deficiency directly related to the Contractor's non- performance. The Contractor shall at all times keep the premises free from accumulations of waste materials or rubbish caused by his employees and at the completion of the work he shall remove all his waste, tools, equipment and materials from the structure and grounds and leave the workplace clean and ready for use. Prior to final inspection, Contractor will thoroughly clean carpet, carpet squares, vinyl and adjacent surfaces. Failure to do so may result in a two hundred dollar ($200) deduction per room plus the cost to have area(s) cleaned. If moving furniture is involved, Contractor will be required to include in their estimate a price to remove and reinstall furniture as needed. No interruption of customer operations will be allowed unless mutually agreed upon in writing with the Facilities Management Representative prior to the installation. Any equipment, tools and old or new materials left in the area being worked on after completion may result in a one hundred dollar ($100) deduction per item. Complaints from customers for poor installation of furniture or incorrect placement after floor covering installation will also result in a deduction of one hundred dollars ($100). 5. DAMAGE TO EXISTING FACILITIES: In the event that the existing building, facilities or equipment are disrupted or damaged as a result of the Contractor's operations, then the Contractor shall be responsible for the restoration to a condition equal to that existing prior to being disrupted or damaged. All such restoration shall be at the expense of the Contractor. All base board, carpet and tile installations will be professionally installed, failure to provide excellent service will result in non - payment and /or vendor(s) will be responsible for repairs or reinstallation by another vendor. 6. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent 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 Page 2 of 7 16E1 Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 7. 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. 8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ciano's Tile & Marble, Inc. 5680 Halifax Avenue Fort Myers, Florida 33912 Attention: Paul Ciano, President Telephone: 239- 267 -8453 Facsimile: 239 - 267 -6720 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 9. 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. 10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the Page 3 of 7 16E1 U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 11. 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. 12. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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. 13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 14. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include 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. Page 4 of 7 16E1 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 15. 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. 16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 17. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and Bid #09 -5253 Specifi- cations /Scope of Services. 19. 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. 20. 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 Page 5 of 7 16E1 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. 21. 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. 22. 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. 23. 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. 24. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 25. 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. Page 6 of 7 16E1 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. 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., ..: w DwigHt I Br6g]�,-Qcwk of Courts By.'� Dated: 1 First Witness Nl u , < TTy rint fitness n meT Secon (vwitness ecl TType /pri t witness nameT Approved as to form and legal sufficiency: A sistafit County Attorney N v �// 42 7" e- Print Name BOARD OF COUNTY COMMISSIONERS COLLIER CC)VNTY, FLORIDA By: Donna Fiala, Chairman Ciano's Tile & Marble Inc. Contractor,. By: t 6 i ature Page 7 of 7 Mary Kay Sablotny, Vice President Typed signature and title Rem # ll Aj,enda Dale.? Date j Rec'd V Deputy Clerk Fram:ALAN WILLIAMS ASSOC 239 418 1219 08/04/2009 14;35 #80 P.001/001 1 ACORq CERTIFICATE OF LIABILITY INSURANCE DATE (MMID 'Vy"l 09/04/2009 )DANCER (239)418 -1100 FAX (239)418 -1164 1 THIS CERTIFICATE IS ISSUED AS A MATTER?* 1NI9KDYATar%U Alan Williams & Associates Inc. fl ONLY AND CONFERS NO RIGHTS UPON THE CERi1FIGATE 13700 -1 Ben C. Pratt/ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Six Mile Cypress Pkwy Ft .Myers, FL 33912 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: FCCI Commercial Ins. Company #10178 Ciano's Tile & Marble, Inc. INSURER B: 5680 Halifax Avenue INSURER C: Fort Myers, FL 33912 INSURER D: 231 267 -6720 Joyce INSURER E: COVFRAnFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N TYPE OF INSURANCE POLICY NUMBER DATE M E p M LIMITS GENERAL LIABILITY 01/01/2009 01/01/2010 EACH OCCURRENCE _ 3 1.000.000. X COMMERCIAL GENERAL LIABILITY CPP0006934 -01 REMI S Es occurrence 1 100,000 CLAIMS MADE XI OCCUR MED EXP A X erson (Arty — p) $ 5,00( PERSONAL s ADV INJURY S 1 000 X Contractual GENERAL AGGREGATE $ 2,000,00( GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 1 2,000,00( POLICY X PRO- JECT LOC AUTOMOB" LIABILITY 01/01/2009 01/01/2010 ANY AUTO CA00083SO -01 COMBINED SINGLE LIMIT (Es accident) 3 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per Perron) X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 ANY AUTO i OTHER THAN EA ACC $ S AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY UMB0004904 -01 01/01/2009 01/01/2010 EACH OCCURRENCE $ 2,000.000 X OCCUR CLAIMS MADE AGGREGATE S A X 1 2,000 00 DEDUCTIBLE 3 X RETENTION S 10,000 1 WORKERS COMPENSATION WC08A -57319 01/01/2009 01/01/20167"'' X TORY LMAITS ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT 1 1 00 A ANY PROPRIETOR/PARTNER/EXECUTTVED OFFICERIM EMBER EXCLUDED? u E.L. DISEASE - EA EMPLOYEEI 1 1,000,000 (Mandatory in NH) S describe under E.L. DISEASE - POLICY.L"Tj 1 1,000,0 SPcw PROVISIONS below INCL OWNERS & OFFICERS n and Marine 01/01/2009 01/01/2010 Installation Floater $10,000 A CPP0006934 -01 PER SCHEDULE WITH COMPANY BESCRWTION OF OPERATIONS / LOCATIONS / vEHK:LES /EXCLUSIONS ADDED BY ENDORSEMENT I SPEGAL PROVISIONS Contract 109 -SZS3 Purchase & Installation of Floor Covering: Collier County Board of County ommissioners is named as certificate holder and Additional Insured with respect to general liability and work performed by the named insured. Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 V/,n VLLV�. own SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Willi The ACORD name and logo are registered marks of ACORD 16E1 MEMORANDUM Date: November 10, 2009 To: Lyn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Wayne Wiles Floorcoverings, Inc. Attached is the original document, referenced above (Agenda Item #16E1) approved by the Board of County Commissioners on October 13, 2009. The second original contract will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252 -8406. Thank you. Attachment ITEM NO.: FILE NO.: ROUTED TO: 0q- - Pet - 0/38-7 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 13, 2009 To: Office of the County Attorney Jeff Klatzkow From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 DATE , C2 jV Re: Contract: #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Wayne Wiles Floorcoverings, Inc. BACKGROUND OF REQUEST: \ This Contract was approved by the BCC on October 13, 2009, Agend Item 16.E.1 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Damon Gonzales, Facilities Mgmt. MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: October 13, 2009 RE: Review Insurance for Contract: #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Wayne Wiles Floorcoverings, Inc. This Contract was approved by the BCC on October 13, 2009, Agenda Item 16.E.1 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Damon Gonzales, Facilities Mgmt. DATE RECETVfc, OCT 14 2009 RISK ►IWNAamw 16E1 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: _ rL00J2C✓cxw,> C/ 16E I Entity name correct on contract? VYes No Entity registered with FL Sec. of State? -t-Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $_ Products /Compl /Op Required $_ Personal & Advert Required $ Each Occurrence Required $ Fire /Prop Damage Required $_ Automobile Liability Bodily Inj & Prop Required $( N I L- Workers Compensation Each accident Required $ I UAt I Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability t/ Yes No Exp. Date I/- Yes No Per Aggregate Required $ Provided $ 1 /Yes __No —IzYes ----No {� Provided $ Z Vtit I_ Exp. Date La �Q9 � Provided $ i t Exp. Date I r �VJ Provided $ �.I,q I L- Exp. Date t I/ Yes Provided $ —L— Exp. Date t i County named as additional insured? Provided $ ,5 pC, [r,2 Exp. Date No Provided $ _ t VU 1 L. Exp Date f 8 t ^% Provided $ 'a gt t t_ Exp Date �y /)r Does indemnification meet County standards? Provided $ t I __ Exp Date No Provided $ t, Exp Date _,Yes Yes 1L No Each Occurrence Provided $ 2 PnAL=- Aggregate Provided $_ tt Does Umbrella sufficiently cover any underinsured portion? Professional Liability Exp Date 17 Exp Date t c. V/Yes No Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type:__ Required $ _ Provided S---- _ Exp Date County required to be named as additional insured? I/ Yes No County named as additional insured? _Yes No Indemnification Does indemnification meet County standards? No Is County indemnifying other party? _,Yes Yes 1L No Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond Does dollar amount match contract? No Agent registered in Florida? ___Yes Yes No Signature Blocks Correct executor name in signature block? Yes No Correct title of executor? 7Yes No Executor authorized to sign for entity? Yes No Proper number of witnesses /notary? _�_ _ t%Yes No Authorization for executor to sign, if necessary: Cl\� Chairman's signature block? Yes No Clerk's attestation signature block? V Yes No County Attorney's signature block? Dyes No Attachments Are all required attachments included? —ZYcs No Reviewer Initials: Date: 04 -COA-0 030/2 2 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Profit Corporation WAYNE WILES FLOORCOVERINGS, INC. Filina Information Document Number P08000068562 FEI /EIN Number 263122709 Date Filed 07/21/2008 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/28/2008 Event Effective Date NONE Princival Address 7851 SUPPLY DRIVE FORT MYERS FL 33912 Mailing Address 7851 SUPPLY DRIVE FORT MYERS FL 33912 Reaistered Aaent Name & Address WILES, MARK T 7851 SUPPLY DRIVE FORT MYERS FL 33912 US Officer /Director Detail Name & Address Title P/D WILES, MARK T 7851 SUPPLY DRIVE FORT MYERS FL 33912 Title VP FAGAN, KIRK J 2143 GROVE DRIVE NAPLES FL 34120 Title SIT WILES, JOHN W 3709 SE 3RD PLACE CAPE CORAL FL 33904 Annual Reports Document Searches IP6Eo 1 Forms Help Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_ doc_ number= P080000685... 7/27/2009 www.sunbiz.org - Department of State Report Year Filed Date 2009 04/07/2009 2009 05/1212009 Document Images 05/12/2009 -- ANNUAL REPORT View image. in PDF format 04107/2009 -- ANNUAL REPORT View image in PDF format 07/28 /2008.- -_Name Change View image. in PDF format 07/2112008_ -- Domestic Profit View image. in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events Name. History 16EI Page 2 of 2 I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Entity Name Search Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number— PO80000685... 7/27/2009 16E1 AGREEMENT 09 -5253 for Purchase and Installation of Floor Covering THIS AGREEMENT, made and entered into on this 13t" day of October, 2009, by and between Wayne Wiles Floorcoverings, Inc., authorized to do business in the State of Florida, whose business address is 7851 Supply Drive, Fort Myers, Florida 33912, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on October 13, 2009, and terminating on October 12, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide for the sale and installation of floor coverings in accordance with the terms and conditions of Bid #09 -5253 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal. A quotation will be required from one (1) vendor for work under $50,000. For all work over $50,000, quotations will be required from all contracted vendors. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Pa etof7 16E1 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, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. DEDUCTIONS: The County reserves the right to deduct portions of the invoiced amount for services not completed within the expressed time frame, including required deliverables, incomplete and /or deficient work. This list is not deemed to be all inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of any deficiency if the Contractor fails to correct the deficiency within the specific timeframe, these funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services and /or items necessary to correct the deficiency directly related to the Contractor's non- performance. The Contractor shall at all times keep the premises free from accumulations of waste materials or rubbish caused by his employees and at the completion of the work he shall remove all his waste, tools, equipment and materials from the structure and grounds and leave the workplace clean and ready for use. Prior to final inspection, Contractor will thoroughly clean carpet, carpet squares, vinyl and adjacent surfaces. Failure to do so may result in a two hundred dollar ($200) deduction per room plus the cost to have area(s) cleaned. If moving furniture is involved, Contractor will be required to include in their estimate a price to remove and reinstall furniture as needed. No interruption of customer operations will be allowed unless mutually agreed upon in writing with the Facilities Management Representative prior to the installation. Any equipment, tools and old or new materials left in the area being worked on after completion may result in a one hundred dollar ($100) deduction per item. Complaints from customers for poor installation of furniture or incorrect placement after floor covering installation will also result in a deduction of one hundred dollars ($100). 5. DAMAGE TO EXISTING FACILITIES: In the event that the existing building, facilities or equipment are disrupted or damaged as a result of the Contractor's operations, then the Contractor shall be responsible for the restoration to a condition equal to that existing prior to being disrupted or damaged. All such restoration shall be at the expense of the Contractor. All base board, carpet and tile installations will be professionally installed, failure to provide excellent service will result in non - payment and /or vendor(s) will be responsible for repairs or reinstallation by another vendor. 6. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent 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 Page 2 of 16E1 Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 7. 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. 8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Wayne Wiles Floorcoverings, Inc. 7851 Supply Drive Fort Myers, Florida 33912 Attention: Mark T. Wiles, President Telephone: 239 - 267 -7600 Facsimile: 239 - 267 -9644 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239 - 252 -8371 Facsimile: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 9. 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. 10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the Page 3 of 7 16E1 U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 11. 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. 12. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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. 13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 14. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include 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. Page 4 of 7 16E1 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 15. 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. 16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 17. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and Bid #09 -5253 Specifi- cations /Scope of Services. 19. 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. 20. 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 Page 5 of 7 16E1 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. 21. 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. 22. 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. 23. 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. 24. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 25. 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. Page 6 of 7 16. 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. 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; t,W,; , Dwi01'Brock, Clerk of Courts r By: 3AAAIL rl c Dated: hriaAEWD x ;> re seta. First Witness TTypee /print witness nameT ^ P07V Second Witness TType /print witness nameT Approved as to form and legal sufficiency: 2 _ A&4si County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: r Donna Fiala, Chairman Wayne Wiles Floorcoverings, Inc. Contractor By: MA�V1.^— J Signature Page 7 of 7 Typed signature and tit e Item #1 Agenda to -j?, Date Date DeputyUerk rli.Mft, AArnA WAVWI G "- V_ T1 4., r 1 -- ACORD- CERTIFICATE OF LIABILITY INSURANCE �� 0913012009 PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road North Naples, FL 34103 -3303 239 261 -3646 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Wayne Wiles Floorcoverings, Inc. 7851 Supply Drive Fort Myers, FL 33912 INSURER A, Cincinnati Insurance Company EXPIFZA POATE MM/O TION INSURER B. A INSURER C: GENERAL LIABILITY INSURER O: 10/01109 INSURER E: EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDO nVE EXPIFZA POATE MM/O TION LIMITS A GENERAL LIABILITY _ CPP3661631 10/01109 10101110 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY E — DAMAGE TO RENTED 1� $500 1 00O CLAIMS MADE Fx_] OCCUR MED EXP (Any one person) $10,000 PERSONAL BAOV INJURY $1j)00,000 X PD Ded:1,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $2000000 POLICY X jFCT LOC A AUTOMOBILE LIABILITY ANY AUTO CPP3661631 10/01/09 10/01/10 COMBINED SINGLE LIMIT (Ea amcisat) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peramd.nU $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Perecadent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO A EXCESS /UMBRELLA LIABILITY CPP3661631 1010110 10101110 EACH OCCURRENCE $2000000 Al OCCUR 171 CLAIMS MADE AGGREGATE s2,00-0,00-0- $ DEDUCTIBLE $ X RETENTION $ O WORKERS COMPENSATION AND WC STATU- OTH- ?QRY_LIMlL4 _FR EMYLDYERS' LIABILITY ANV E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ CEIRMEETORI EXCLUDE/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Complete Named Insured: Wayne Wiles Floorcoverings, Inc., Wayne T. Wiles dba Wayne Wiles Floor Coverings, and Wiles $ Wiles Investments, LLC Bid: ITB#09 -5253 - Purchase and Installation of Floor Covering Collier County Board of County Commissioners is Named as an Additional Insured on a primary basis as (See Attached Descriptions) Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _in_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 3 #S378996/M378963 SJH o ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) 1 V C 1 respects to General Liability Only as needed by contract, per form GA 233 02 07, including Waiver of subrogation under General Liability in favor of Certificate Holder. Excess Liability is above primary - policies - Auto policy. AMS 25.3 (2001/08) 3 of 3 #S378996/M378963 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend, or alter the coverage afforded by the policies described herein. Named Insured(s): TriNet HR Corporation Gevity HR, Inc and all its affiliates & subsidiaries' Wayne Wiles Floorcoverings Inc (Endorsed as alternate employer) 9000 Town Center Parkway Bradenton, FL 34202 Insurer Affording Coverage (A) Commerce & Industry Ins Co (B) Illinois National Ins Co (C) Ins Co of the State of Pennsylvania (D) National Union Fire Ins Cc of Pittsburgh PA (E) New Hampshire Ins Cc 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 the Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. Type of Insurance Insurer Policy Number State Effective Date Expiration Date Limits XI WC Statutory Limits Workrs' (A) 023259191 FL 07 -01 -2009 07 -01 -2010 Employers Liability Compensation Bodily Injury By Accident $ 2,000,000 Each Accident Bodily Injury By Disease $2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person Other: Client Number 75290 The above referenced workers' compensation policies provide statutory benefits only to the employees of the Named Insured(s) on such policies, not to the employees of any other employer. * Gevity HR, Inc; Gevity HR, LP; Gevity HR II, LP; Gevity HR III, LP; Gevity HR IV, LP; Gevity HR V, LP; Gevity HR VI, LP; Gevity HR VII, LP; Gevity HR VIII, LP; Gevity HR IX, LP; Gevity HR X, LP; Gevity HR XI, LLC; Gevity HR XII Corp.; Gevity XIV, LLC Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. Certificate Holder Collier County Government 3301 Tamiami Trl E Naples, FL 34112 -4961 IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII 043955 AON Risk Services Northeast, Inc. AON Risk Services Northeast, Inc. Authorized Representative of AON Risk Services (866) 443 -8489 09/16/2009 Phone Date Issued 16E1 MEMORANDUM DATE: November 17, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09 -5253: "Purchase and Installation of Floor Covering" Contractor: Acousti Engineering Company of Florida Enclosed, please find one (1) original, referenced above (Agenda Item #16E1) approved by the Board of County Commissioners on Tuesday, October 13, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252 -8411. Thank you, Enclosures ITEM NO.: FILE NO.: ROUTED TO: Og -ARC 013ga- 16 E 1 &,ft ojer, r, ;, DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 13, 2009 To: Office of the County Attorney Jeff Klatzkow fr / 1) S6o44 Tea ck- % C /off From: Lyn M. Wood, C.P.M., Contract Specialist s Purchasing Department, Extension 2667 � Re: Contract: #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Acousti Engineering Company of Florida BACKGROUND OF REQUEST: f This Contract was approved by the BCC on October 13, 2009, Agent / Item 16.E.1 `]� This item has not been previously submitted. ACTION REQUESTED: �1 Contract review and approval. OTHER COMMENTS: \\V-1 0 Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Damon Gonzales, Facilities Mgmt. coq RLs # ()I_ CHECKLIST FOR REVIEWING CONTRACTS Entity Name: /TluGSIl /t i�rlN; -- —tetnm Entity name correct on contract? Yes _ No Entity registered with FL Sec. of State? -A/ _Yes No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ � C� O,,re Products /Compl/Op Required $,_ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 1 ttl i L Workers Compensation Each accident Required $ Disease Aggregate Required $ _ Disease Each Empl Required $_ Umbrella Liability ✓Yes No Yes No Yes V'No Yes __No Provided $_Z.AALl__ Exp. Date \ �L' Provided $ 1 ___ Exp. Date _ Provided $ ( 1 t L_ Exp. Date Provided $ Lt Exp. Date _. t t Provided $ 3 ND. CPD Exp. Date _ t i Provided $ 1 utiq ( L Provided $ p,,, I I Provided $ r r Provided $ t r Each Occurrence Provided $ —ZD An.t L Aggregate Provided $ t c Does Umbrella sufficiently cover any underinsured portion? Professional Liability Exp Date Exp Date Exp Date �, r Exp Date I r Exp Date \ I l l t p Exp Date JZYes No %/u' illlyv Each Occurrence Required $_ Provided $ Exp. Date Per Aggregate Required $_ Provided $ _ _ Exp. Date Otherinsurance Each Occur Type: _ Required $_ Provided $_ Exp Date County required to be named as additional insured? Yes No County named as additional insured? /Yes No Indemnification Does indemnification meet County standards'? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? s,�Yes No __Yes —LZ_No __Yes No / c No Yes No a B ,p��U�'') 5 I - -Yes �o '� �° ) 6r`� Yes ZXNo `c —Yes No _Yes o Yes No _ V Yes Yes No No Reviewer Initials: Date. 1� 04 -COA -01 302 2 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ,.xr DATE: October 13, 2009 16E1 RE: Review Insurance for Contract: #09 -5253 "Purchase and Installation of Floor Covering" Contractor: Acousti Engineering Company of Florida This Contract was approved by the BCC on October 13, 2009, Agenda Item 16.E.1 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod /LMW C: Damon Gonzales, Facilities Mgmt. DATE RECEIVED OCT 14 2009 www.sunbiz.org - Department o1 -State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation ACOUSTI ENGINEERING COMPANY OF FLORIDA Filing Information Document Number 145836 FEI /EIN Number 590543535 Date Filed 02112/1946 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/13/1981 Event Effective Date NONE Principal Address 4656 S.W. 34TH STREET ORLANDO FL 32811 Changed 03/03/2009 Mailing Address 4656 S.W. 34TH STREET ORLANDO FL 32811 Changed 03103/2009 Registered Agent Name & Address VERNER, JAMES R 4656 S.W. 34TH STREET ORLANDO FL 32811 US Name Changed: 06 /12/1996 Address Changed: 03/03/2009 Officer /Director Detail Name & Address Title SVP TERRANOVA, R R 4656 S.W. 34TH STREET ORLANDO FL 32811 Title VPT CROZIER, ROBERT 4656 S.W. 34TH STREET ORLANDO FL 32811 Pagel oC3 16E1 Document Searches Forms Help Entity Name Search Submit littp: / /www.suiibiz.org /scripts /cordct.exc ?action DETFIL &irnq_doc_ number= 145836 &inq... 8/18/2009 www.sunbiz.org - Department of State Page 2 of 3 View image in PDF format 16Ej View image in PDF format >. Title P View image in PDF format VERNER, JAMES R View image in PDF format 4656 S.W. 34TH STREET View image in PDF. format ORLANDO FL 32811 View image in PDF format Title VP View image in PDF format DUNKLEY, BARRY View image. in PDF format 4656 S.W. 34TH STREET View image in PDF format ORLANDO FL 32811 View image in PDF format Title VPS View image in PDF format VERNER, JAMES R JR View image in PDF format 4656 S.W. 34TH STREET View image in PDF format 9 ORLANDO FL 32811 View image in PDF format I Title VP View image in PDF format JUDY, JAY 4656 S.W. 34TH STREET ORLANDO FL 32811 Annual Reports Report Year Filed Date 2007 03/16/2007 2008 04/28/2008 2009 03/03/2009 Document Images 0310312009 ANNUAL REPORT View image in PDF format 04/28 /2008,,_ ANNUAL REPORT View image in PDF format >. 03/16/2007 ANNUAL REPORT View image in PDF format 01/30/2006 ANNUAL REPORT View image in PDF format 03/10/2005 ANNUAL REPORT_ View image in PDF. format 02/03/2004 ANNUAL REPORT View image in PDF format 02/1012003 ANNUAL REPORT View image in PDF format 01/31/2002 ANNUAL REPORT View image. in PDF format 02/13/2001 --ANNUAL REPORT View image in PDF format 01/19/2000 ANNUAL REPORT View image in PDF format 03/04/1999 ANNUAL REPORT View image in PDF format 02/13/1998 -- ANNUAL REPORT View image in PDF format 01/15/1997 -- ANNUAL REPORT View image in PDF format 9 06/12/1996 — ANNUAL REPORT View image in PDF format I 01/26/1995 -- ANNUAL REPORT. View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search _Events No Name History Submit I Home I Contact us I DO, one t Saar(hes I F- Filing Servi(es I For is I Help I littp:Hwww.sunbiz.org /scripts /cordet.cxe? action= D1'`ITIf, &iiiq doc_ number- 145836 &inq... 8 /18/2009 www.sunbiz.org - Department of State Page 3 of 3 Copyright and Privacy Polities 16 Copyright © 2007 State of Florida, Department of State, http: / /www.sunbiz.org /scripts /cordet.cxc? action= I)F?TF1F, &iiiq doc_number= 145836 &inq... 8/18/2009 I ®ACOLISTI ENGINEERING COMPANY OF FLORIDA cc-c02o791 - INTERIOR CONSTRUCTION SYSTEMS - CEILINGS WALLS FLOORS State of FLORIDA 4656 34th St. S. W., Orlando, FL 32811 P. O. Box 618146, Orlando, FL 32861 Authorization by Corporation to Execute Subcontracts, Change Orders & Purchase Orders County of ORANGE 16EI www.ACOUSTI.com SINCE 1946 PH: (407) 425 -3467 FAX: (407) 422 -6502 ACOUSTI ENGINEERING COMPANY OF FLORIDA, a corporation through its VICE PRESIDENT hereby authorizes GEORGE ESTES to execute subcontracts, change orders, purchase orders, final releases, warranties and partial releases on behalf of the corporation in favor of Collier County Board of County Commissioners for the project known as PURCHASE AND INSTALLATION OF FLOOR COVERING. This authorization sliall remain in effect until cancelled by the corporation in writing and delivered to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Acousti En nnecrin , Company of Florida (Print or Type name of Corporation) R.A. Crozier, Vice President (Print or Type name of Corporate Officer Signing) t �f: - - -- (Signatur "f C orporate Officer) Dated this 5th day of November, 2009 Sworn to and subscribed before me this 5th day of November, 2009 /1 l' dYCOdM SSiOIJsrD 9irwA l av"4 -z 1 RPtR6S.0oc nber 13 7013 Nota - Public �R .? Bw dThmNv,., uo�cumitxdt, .0 CLFAR',7ATER COOOA IT 'IYER"; t:AINLSVILLI JA( M 11AVII I r, PIMMI OfRtANDO PENSACOLA TALLAHASSEI TAMPA WEST PALM RFACII iKXJSTON. TX HASHVII.t E, IN ('AARLOTT, NC PALEICH, NC 16F1 A G R E E M E N T 09-5253 for Purchase and Installation of Floor Covering THIS AGREEMENT, made and entered into on this 1311, day of October, 2009, by and between Acousti Engineering Company of Florida, authorized to do business in the State of Florida, whose business address is 4656 -3411~ Street S.W., Orlando, Florida 32811, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on October 13, 2009, and terminating on October 12, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide for the sale and installation of floor coverings in accordance with the terms and conditions of Bid #09 -5253 and the Contractor's proposal referred to herein and made an integral part of this agreement. 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 the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal. A quotation will be required from one (1) vendor for work under $50,000. For all work over $50,000, quotations will be required from all contracted vendors. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Page 1 of 16E1 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, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act ". 4. DEDUCTIONS: The County reserves the right to deduct portions of the invoiced amount for services not completed within the expressed time frame, including required deliverables, incomplete and /or deficient work. This list is not deemed to be all inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of any deficiency if the Contractor fails to correct the deficiency within the specific timeframe, these funds would be forfeited by the Contractor. The County may also deduct or charge the Contractor for services and /or items necessary to correct the deficiency directly related to the Contractor's non- performance. The Contractor shall at all times keep the premises free from accumulations of waste materials or rubbish caused by his employees and at the completion of the work he shall remove all his waste, tools, equipment and materials from the structure and grounds and leave the workplace clean and ready for use. Prior to final inspection, Contractor will thoroughly clean carpet, carpet squares, vinyl and adjacent surfaces. Failure to do so may result in a two hundred dollar ($200) deduction per room plus the cost to have area(s) cleaned. If moving furniture is involved, Contractor will be required to include in their estimate a price to remove and reinstall furniture as needed. No interruption of customer operations will be allowed unless mutually agreed upon in writing with the Facilities Management Representative prior to the installation. Any equipment, tools and old or new materials left in the area being worked on after completion may result in a one hundred dollar ($100) deduction per item. Complaints from customers for poor installation of furniture or incorrect placement after floor covering installation will also result in a deduction of one hundred dollars ($100). 5. DAMAGE TO EXISTING FACILITIES: In the event that the existing building, facilities or equipment are disrupted or damaged as a result of the Contractor's operations, then the Contractor shall be responsible for the restoration to a condition equal to that existing prior to being disrupted or damaged. All such restoration shall be at the expense of the Contractor. All base board, carpet and tile installations will be professionally installed, failure to provide excellent service will result in non - payment and /or vendor(s) will be responsible for repairs or reinstallation by another vendor. 6. SUBSTITUTE PERFORMANCE: In the event the Contractor fails to perform any required service within the time schedule under the subsequent 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 Page 2 of I6t 1 Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. 7. 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. 8. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Acousti Engineering Company of Florida 3610 Work Drive Fort Myers, Florida 33916 Attention: James R. Verner, President Telephone: 407- 425 -3467 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 9. 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. 10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. All non- County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply Page 3 of 7 16E1 with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 11. 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. 12. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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. 13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 14. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include 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. Page 4 of 7 16EI Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 15. 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. 16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 17. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 18. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and Bid #09 -5253 Specifi- cations /Scope of Services. 19. 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. 20. 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 Paee 5 of 7 16EI 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. 21. 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. 22. 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. 23. 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. 24. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 25. 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. Page 6 of 7 16EI 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. 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:;; Dwi&44. Brock, Clerk a� Courts y *66k " iii ,Me rru" I signature n'.— First Witness Carl Needham TType /print witness nameT Second Wil6ess TType /print witness nameT Approved as to form and legal sufficiency: C L Assisttt County Attorney a� e� Print Name BOARD OF COUNTY COMMISSIONERS COLLIER C0,1ONTY, FLORIDA By «. Donna Fiala, Chairman Acousti Engineering Company of Florida Page 7 of 7 George A. Estes, Vice President Typed signature and title Item # j Agenda t � js gq Date _fJiL.F.�'j ��1 , Ii"VVed' I 16EI ACORD CERTIFICATE OF LIABILITY INSURANCE iM °ATE(MMDDI Y, _ 3131,2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lassiter -Ware Insurance ONLY ,AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4401 W. Kennedy Blvd. Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ GL2048301 01/01/2009 101/01/2010 EACH OCCURRENCE S 1,000,001) Tampa, FL 33609 (813).282 -1965 .fax: (888)883-8680 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA -. Amerisure Insurance Company ACOUSti Engineering Company Of Florida 3610 Work Drive Ft. Myers, FL 33916 - -- (INSURERB Amerisure Mutual Insurance Co. INSURERC American Guarantee & Liability _ _— _ _ PREMISESn cej $ ,NSURER D. Midwest Employers Casualty Co__ -1 — 1 INSURER B A CnVFRAnFS 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 RESPEC T TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' - POLICY EFFECTIVE ' PDATE (I XPIRATION LTR NSRD I POLICY NUMBER DATE MMIDD Y DATE MM DD LIMITS _ GENERAL LIABILITY _ GL2048301 01/01/2009 101/01/2010 EACH OCCURRENCE S 1,000,001) X DAINJI II RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISESn cej $ CLAIMS MADE [Xcl OCCUR MFIDESP(Acycrepresend $ 10,000 A X Contractual : PERSONAL R ADV INJURY S 1,000,000 X XCU included G E DERAIL AGGREGATE I$ 2,000,000 GEN'L AGGREGATE L IMITAPPLIES PER' PRODUCT COMPIOPAGG $ 2,000,000 S - - -�� PRO- POLICY X (, POLICY LO LIABILITY CA2048300 1 01/01/2009 01/01/2010 COMBINEDSINGLE LIMIT accident) 31,000,000 X ANY AUTO i(Ea ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B X HIREDAUTOS BODILY INJURY $ X NON- OWNEDAUTOS (Perar,,deni) XHired Car Physical PROPERTY DAMAGE S (Per awldent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANYAUTO OTHERTHAN - EAACC $ $ AUTO ONLY. AGG EXCESSIUMBRELLALIABILITY IAUC594500400 01/01/2009 101/01/2010 EACH OCCURRENCE is 20,000,000 X OCCUR CLAIMS MADE 'PER PROJECT AGGREGATE AGGREGATE 15 20 000,000 c is _ DEDUCTIBLE $ X RETENTION $ 0 SIX WORKERS COMPENSATION AND TILL WC 6HIMT OR EWC007399 01/01/2009 01/01/2010 TORY LIMITS - ER_y_ EMPLOYERS' LIABILITY FL EACHACCIDENT $1,000,000 D ANY P RO PR I ETORIPARTN ER1EXFCU I IVE I OFFIC EWMEMBER EXCLUD ED? EL. DISEASE FAEMPLOYEEL$ 1,000,000 Ifyes describe under __ -- SPECIAL PROVISIONS below E.L. DISEASE- POLICVLIMIT $ 1,000,000 OTHER i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT( SPECIAL PROVISIONS Collier County Government is named as additional insured with respect to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. Tamiami Trail REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE _ Kirk Eramlett.1 AGUH12 5 (20U1 /U8) 9 ACORU COKI'OKA I ION 1936 16EI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 16Fl Certificate issued for Acousti Engineering Company of Florida Lassiter -Ware Insurance 01/01/2009 Certificate Notes for Policy Term: January 1, 2009 to January 1, 2010 I. Blanket Additional Insureds as required by written contract as respects General Liabilit y, including Products & Completed Operations per Form #CG7048 (03/04) and Form #CG2037 (07/04). 2. General Liability Blanket Additional insured Form #CG7048 (03/04) will (11/85) if specifically required by written contract, convert to Form #C(;2010 3. Blanket Additional Insureds as required by written contract as respects Automobile Advantage Commercial Automobile Broad Form Endorsement, Form # CAMS (12105). Liability per 4. Blanket Additional Insureds as required by written contract as respects Umbrella Liabilit follows form over the General Liability and Automobile Liability policies. Y. Umbrella 5. Blanket Waiver of Subrogation as required by written contract as respects General Liability per Contractors General Liability Extension Endorsement, Form # CG7049 (03/04). 6. Blanket Waiver of Subrogation as required by written contract as respects Automobile Liabilit y Per Advantage Commercial Automobile Broad Form Endorsement, Form #CA7115 (12/05). 7. Blanket Waiver of Subrogation as required by written contract as respects Workers' Compensation per Florida Form #IO -30 (1/93). 8. Blanket Waiver of Subrogation as required by written contract as respects Workers' Compensation for all other States per Form #WC000313 (4/84). 9. The General Liability Insurance shall be primary and non - contributory, but only to t:he extent_ required by written contract, per Form #CG7048 (03/04). 10. Workers' Compensation and Automobile Liability are always primary and non- contributory. 11. General Liability Per Project Aggregate per Form #CG7049 (03/04). 12. Umbrella Liability Per Project Aggregate 13. Workers' Compensation includes coverage for all employees including owners & officers. 14. Workers' Compensation provides coverage for the Workers' Compensation benefits of the State where the project is located. L5. Umbrella follows form over Employers' Liability. L6. The General Liability, Automobile and Umbrella Liability policies all contain a Severability of Interest Provision. 17. Exception to Notice of Cancellation - 10 Days for Non - Payment of Premium. 1LL COVERAGE IS SUBJECT TO THE POLICY TERMS, CONDITI "ONS AND EXCLUSIONS. Waiver of Subrogation The last paragraph (Recovery From Others) is deleted from Part One of the Policy. The last Paragraph (Recovery From Others) is deleted from Part Two of the policy. As required by written contract Endorsement Effective: 01/01/2009 Policy No.: EWC007399 Named Insured: Acoustl Engineering Company of Florida Countersigned MIDWEST EMPLOYERS CASUALTY C,O'MPAN /Y Authorized RePiawntativa Secrets Q �' President Thia endamement fortes part of the policy to which attached, effective on the Inception date of the pollCy Unless athewnae staled heroin. 10 -30 (1 -93) Date Printed; 12JI812008