Backup Documents 09/15/2009 Item #16D22 16D22
Corrected Page
MEMORANDUM
Date: September 21, 2009
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: Contract #09-5248 "General Contractors for
Rehabilitation of Residential Structures for
Neighborhood Stabilization Program"
Contractor:
Corrected Contractor: Inspired Woodworking, Inc.
Enclosed, please find one (1) original, referenced above (Agenda Item
#16D22) approved by the Board of County Commissioners on Tuesday,
September 15, 2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's.
If you should have any questions please contact me at 252-8411.
Thank you,
Enclosures
deef j(a f\JOrnbK _ 2 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Fiala, Donna Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL.COMMISSION.AUTHORITY OR COMMITTEE ON
3301 East Tamiami Trail vYH{CHISERVEISAUNITOF:
CITY COUNTY O CITY l53 COUNTY 0 OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS
September 15, 2009 ]0 ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143,Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law,a"relative"includes only the officer's father, mother,son,daughter, husband,wife,brother,sister,father-in-law,
mother-in-law, son-in-law,and daughter-in-law.A"business associate"means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above,you otherwise may participate in these matters.However,you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF.1/2000 PAGE 1
1b o 2 2
- VIP
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
i, Commissioner Donna Fiala ,hereby disclose that on September 15, 20 09
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss; •
inured to the special gain or foss of my business associate,
x inured to the special gain or loss of my relative, Todd Fiala (son) Inspired woodworking
inured to the special gain or loss of ,by
whom I am retained;or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Recommendation to award contracts for RFP 09-5248, "General Contractors
for Rehabilitation of Residential Structures for the Neighborhood
Stabilization Program" , to various firms for activities funded through
the U.S. Department of Housing and Urban Development' s Neighborhood
Stabilization Program.
5rA\r■III\OrIg )th)1 41,711141 74141.4"'
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,REPRIMAND,OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
... MEMORANDUM 16 D 2 2
DA TE: September 21, 2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5248: "General Contractors for
Rehabilitation of Residential Structures for
Neighborhood Stabilization Program"
Contractor: Royal Crest Builders
Enclosed, please find one (1) original, referenced above (Agenda Item
#16D22) approved by the Board of County Commissioners on Tuesday,
September 15,2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
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ITEM NO.: DATE REC1'ODn 2 '
FILENO.: 09-Ptc- ()f3ScJ y~" 2
ROUTED TO: )7.. L...- y.
Ov"ll 1\~
DO NOT WRITE ABOVETHIS LINE .fx. c"J ~ ~ <. ~ ~ S/l-
rt:l/~all.q!li)
REQUEST FOR LEGAL SERVICES V/",
Date: September 16,2009 c;J1 I. '
To: Office of the County Attorney ). l')' .~;
Jeff Klatzkow . , I
\
From: Lyn M. Wood, C.P.M., Contract Specialist ~ wv
Purchasing Department, Extension 2667 01'
Re: Contract: #09-5248 "General Contractors for Rehabilitation of
Residential Structures for Neighborhood Stabilization Program"
Contractor: Inspired Woodworking, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on September 15, 2009, /~
Agenda Item 16.0.22 11,M~
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the BCC for signature after approval. If there are
any questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
C: Frank Ramsey, Housing & Human Services
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RLS# 1)'1- fJ~- tJf3SD
CHECKLIST FOR REVIEWING CONTRACTS 16022
Entity Name: I tV'::; Pt Ii fb /Al"~bWNU<.'N6. I N c.,
I
Entity name correct on contract? ___lL'::Ves -- No
Entity registered with FL Sec. of State? _JL':. Yes - No
Insurance
Insurance Certificate attached? _ v Yes - No
Insured registered in Florida? ~_ Yes - No
Contract # &/or Project referenced on Certificate? Yes --.LNo
---
Certificate Holder name correct (BCC)? ~_ Yes - No
Commercial General Liability 3/18/11/
General Aggregate Required $ l MIl..- Provided $ z. M.t t... Exp. Date
Products/Compl/Op Required $ Provided $ t I Exp. Date tl
Personal & Advert Required $ Provided $ I' Exp. Date l I
Each Occurrence Required $ Provided $ II Exp. Date t,
Fire/Prop Damage Required $ Provided $ I"~ jlf)O Exp. Date t I
,
Automobile Liability Exp Date 3/1~!'{)
Bodily Inj & Prop Required $ I M.IL Provided $ 1M L L
Workers Compensation f
Each accident Required $ S O()) 0 1) 0 Provided $ H()/~o Exp Date L{/S/It?
Disease Aggregate Required $ Provided $, riJtP/~o Exp Date ' II
Disease Each Empl Required $__ Provided $ IHJ./Jt)o Exp Date , ,
Umbrella Liability "
Each Occurrence Provided $ Exp Date
Aggregate Provided $ Exp Date
Does Umbrella sufficiently cover any underinsured pOliion? Yes No
Professional Liability
Each Occurrence Required $ Provided $ Exp. Date
Per Aggregate Required $ Provided $ Exp. Date
Other Insurance
Each Occur Type: Required $ Provided $ Exp Date_
County required to be named as additional insured? VYes No
-
County named as additional insured? ~Yes No
Indemnification ~Yes
Does indemnification meet County standards? No
-
Is County indemnifying other party? - Yes -t.-L-No
Performance Bond
Bond requirement referenced in contract? - Yes No
-
If attached, expiration date of bond
Does dollar amount match contract? Yes No
- -
Agent registered in Florida? - Yes No
-
Signature Blocks
Correct executor name in signature block? ~Yes No
-
Correct title of executor? ~Yes No
-
Executor authorized to sign for entity? ~Yes - No
Proper number of witnesses/notary? -J.L.. Y es - No
Authorization for executor to sign, if necessary: tJ\~
Chairman's signature block? \ ~Yes No
-
Clerk's attestation signature block? ~Yes - No
County Attorney's signature block? ~Yes No
-
Attachments _~::Yes
Are all required attachments included? No ~
ReViewer ImtJals:
Date: ~~tft Pt?'
04-COA 10 /222
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16D2t
MEMORANDUM
TO: Ray Carter
Risk Management Department
1"\
FROM: Lyn M. Wood, C.P.M., Contract Specialist !~~
Purchasing Department ~
DATE: September 16, 2009
RE: Review Insurance for Contract: #09-5248 "General Contractors
for Rehabilitation of Residential Structures for Neighborhood
Stabilization Program"
Contractor: Inspired Woodworking, Inc.
This Contract was approved by the BCC on September 15, 2009, Agenda
Item 16.0.22
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: Frank Ramsey, Housing & Human Services
~
. t?r...
9Ir?/o'l
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- 16D22
mausen_9
From: RaymondCarter
Sent: Thursday, September 17, 2009 1 :25 PM
To: LynWood
Cc: mausen_g; RamseyFrank; GazgaNorberto
Subject: Contract 09-5248 "General Contractors for Rehabilitation of Residential Structures for
Neighborhood Stabilization Program"
All, I have approved the Certificate(s) of Insurance provided by Inspired Woodworking, Inc for contract 09-5248 which
will now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~ Ca.h.t.ch.
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
1
........,-'.,-,---,~ ..' .".,..,.."_....",,.....
www.sunbiz.org - Department of State 1 (jfjl~l?
.
......
Florida Profit Corporation
INSPIRED WOODWORKING, INC.
Filing Information
Document Number P04000170969 ...
FEI/EIN Number 593791917
Date Filed 12/22/2004
State FL
Status ACTIVE
Effective Date 01/01/2005
Last Event CANCEL ADM DISS/REV
Event Date Filed 10/27/2008
Event Effective Date NONE
Principal Address
2805 S HORSESHOE DR.
SUITE 3
NAPLES FL 34104
Changed 10/27/2008
Mailing Address
2805 S HORSESHOE DR.
SUITE 3
NAPLES FL 34104
Changed 10/27/2008
Registered Agent Name & Address
FIALA, TODD
2805 S HORSESHOE DRIVE
SUITE 3
NAPLES FL 34104 US
Name Changed: 10/27/2008
Address Changed: 10/27/2008
Officer/Director Detail
Name & Address
Title PSD
FIALA, TODD
112213TH ST. N.
NAPLES FL 34102
Title VTD
FRANKS, TOM
761 10TH AVE. NW.
NAPLES FL 34120
http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc _ number=P04000 1709... 7/27/2009
""" -<~,-,,_.. _11.';'_ ~~"_.,..,'" .",~",'-,.,." r~.. "~ ..... ..=----'''''-----~"
A G R E E MEN T 09-5248 1602 2 1
for
General Contractors for Rehabilitation of Residential Structures for Neiahborhood
Stabilization Proaram
THIS AGREEMENT is made and entered into this 15th day of September, 2009, by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Inspired Woodworking, Inc.,
authorized to do business in the State of Florida, whose business address is 2805 S. Horseshoe
Drive, Suite 3, Naples, Florida 34104 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on September
15, 2009 and terminating September 14, 2010. This contract shall have two (2) one (1) year
renewals, renewable annually. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed twenty-two primary firms
and ten (10) alternate firms to be pre-qualified and awarded an Agreement to each firm. Inspired
Wordworking, Inc. has been awarded an Agreement as a Primary contractor. Each awardee will
enter into an Agreement to provide complete services for General Contractor work in connection
with the Neighborhood Stabilization Program on an as-needed basis as may be required by the
Owner in accordance with the terms and conditions of RFP #09-5248 and the Contractor's
proposal, which is incorporated herein by reference and made an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the
Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for
Owner pursuant to this Agreement.
In the sole discretion of Owner, primary firms' Agreements may be suspended for reasons to
include, but not be limited to, the following:
a. Failure to respond to three (3) separate requests for quotes
b. Submittals to three (3) separate requests for quotes are deemed non-responsive
c. Non-performance of or deficient work
d. Non-payment of subcontractors
The Contractor shall be notified in writing that its Agreement has been suspended for the duration
of the contract term and that the contract shall not be renewed. At that time, the next alternate
firm, in order of ranking, as shown on Exhibit A attached hereto and incorporated herein, will be
advised in writing that they have become a primary firm and will be sent requests for quotes.
For estimates, all Contractors awarded a primary contract will be quoted. The Owner shall
provide a summary of Work to be performed which will afford the Contractors the opportunity to
submit a formal quotation for the new work. The Contractors shall respond with the information
Page -1-
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16022
sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive....
and responsible quoter.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
The Contractor shall apply for all permits within five (5) working days from the date the Purchase
Order issued.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant
to the quoted price offered by the Contractor in his response to a specific Request for Quotation.
Any County agency may utilize the services offered under this contract, provided sufficient funds
are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Todd Fiala, President
Inspired Woodworking, Inc.
2805 S. Horseshoe Drive, Suite 3
Naples, Florida 34104
Telephone: 239-430-7899
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
Page -2-
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responsible for paying for permits issued by Collier County, but is responsible ~o~l!ir~ ,
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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 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.
Page -3-
"",.""",... . "-.>'" ~' .. . -"~~, ,..-
Current, valid insurance policies meeting the requirement herein identified sha~ b? mgnt~ne?
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.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person described
in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days.
Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the
"Local Government Prompt Payment Act."
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of prod ucts/materials from
specifications shall be approved in writing by Owner in advance.
Page -4-
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15. CONTRACT TIME AND TIME EXTENSIONS. 16D2l
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or
changed work orally. Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
Page -5-
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1602 2
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any
part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all
of the obligations and responsibilities that Contractor has assumed toward Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified,
and that all Work shall be of good quality, free from all defects and in conformance with the
Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled
as a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
Page -6-
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C. Contractor shall not disturb any benchmark established by the Owner with ~egeQ tgh2
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner review the Work. Within a
reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or
designated portion thereof) to determine the status of completion. If Owner does not consider
the Work (or designated portion) substantially complete, the Owner shall notify Contractor in
writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall so
advise Contractor in writing and include a tentative punch list of items to be completed or
corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall issue a Certificate of Final Completion. Final payment shall not become
due and payable until Contractor submits a final invoice accompanied by a Certificate of Final
Completion.
26. L1QUIDA TED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
Page -7-
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16022
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not finally completed within the time
specified in the Request for Quotation. Should Contractor fail to finally complete the Work within
the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a
penalty, the amount specified in the Request for Quotation for each calendar day thereafter until
final completion is achieved.
The Project shall be deemed to be finally completed on the date the Owner issues a Certificate
of Final Completion. Contractor hereby expressly waives and relinquishes any right which it may
have to seek to characterize the above noted liquidated damages as a penalty, which the parties
agree represents a fair and reasonable estimate of the Owner's actual damages at the time of
contracting if Contractor fails to finally complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Housing and Human Services Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5248, any
Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Purchase Orders.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
32. IMMIGRA TION 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
Page -8-
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16022
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
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
A TTESJ;:.., COLLIER CO TY, FLORIDA
DW~' . . 'E:.:Brb~ Clerk of Courts f
I
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. !i'lt..... 011. Inspired Woodworking, Inc.
.' . Contractor
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Signature
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Typed Signature
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Sec itness Title
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Type/ rint Witnes Name
App ed aSpl and L ~ z.2-
I al suffic'en :
Item # .,
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County Attorney Date
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Print Name
Page -9-
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EXHIBIT A 1602 2 I
Alternate Firms
1. Construction Professionals
2. South Florida Millworks
3. N. Square Inc.
4. R K General Contractors
5. Florida West Construction
6. Deerbrook
7. Jim Duffy Construction
8. D. Stefano Building
9. Tyler Construction
10. E.O. Kogh Construction
Page -10-
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EXHIBIT B 16022
CERTIFICATE OF FINAL COMPLETION
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER AND CONTRACTOR, and that Work is hereby declared to be finally complete in accordance
with the contract documents on:
DATE OF FINAL COMPLETION
CONNTRACTOR accepts this Certificate of Final Completion on ,
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on ,
20
-
OWNER
By:
Type Name and Title
Page -11-
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AUG-17-2009 15:31 FROM:LEMASTER INSURANCE (239) 597-6307 TO: 2526592 1 (r.[) 2 2
~.
CERTIFICATE OF INSURANCE
The company indicated below certifies that the insurance afforded by the policy or policies numbered and
described below is in force as of the effective date of this certificate. This Certificate of Insurance
does not amend, extend, or otherw1se alter the Terms and Conditions of Insurance coverage contained in any
policy numbered and described below.
CERTIFICATE HOLDER: INSURED:
COLLIER COUNTY BOARD OF INSPIRED WOODWORKING INC
COUNTY COMMISSIONERS 2805 HORSESHOE DR S UNIT 3
FAX 252-6592 NAPLES, FL 34104-6161
ATTN BRENDA REAVES
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112-4961
I I POLICY NUMBER I POLICY I POLICY I LIMITS OF LIABILITY I
I TYPE OF INSURANCE I & ISSUING CO. JEFF. DATE IEXP. DATE I (*LIMITS AT INCEPTION) I
I LIABI LITY I 77-AC-4B3868-3001 I 03-18-09 I 03-18-10 I I
I [X] Li abil ity and I NATIONWIDE I I I AnyOne Occurrence... ..... $ 2,000,000 I
I Medical Expense I MUTUAL FIRE I I I I
I [X] Personal and I INSURANCE CO. I I l Any One Person/Org ....... $ 2,000.000 I
I Advertising Injury I I I I 1
I [X] Medical Expenses I I I I ANY ONE PERSON ........... $ 5.000 I
I [X] Fi re Legal I I I I Any One Fire or Explosion $ 100,000 I
I Liabll ity I I I I I
I I I I I General Aggregate* ....... $ 2.000,000 I
I I I I I Prod/Comp Ops Aggregate* . $ 2.000.000 I
I [ ] Other liability I I I 1 I
I I
I AUTOMOBILE LIABILITY I 77-BA-483868-300Z I 03-18-09 I 03-1S-10 I I
I [X] BUSINESS AUTO I NATIONWIDE I I I Bodily Injury I
I I MUTUAL FIRE I I I (Each Person) .......... $ I
I [X] owned I InSURANCE co. I I I (Each Accident) -....... $ I
I [X] Hired I I I I Property Damage I
1 (X] Non-Owned I I I I (EachAccident)........$ I
I 1 I I I Combined Single Limit .... $ 1.000,000 I
1 I I I I Each Occurrence ..... ..... $ ~
I EXCESS LIABILITY I
I I I I I Prod/Camp Ops/Disease I
I [ ] Umbre 11 a Form I I I I Aggregate* ............. $ 1
I I I I I STATUTORY LIMITS I
I I BODILY INJURY/ACCIDENT .., $ 1
I [ J Workers' I I I \
I I I Bodily Injury by Disease
I Compensation I I EACH EMPLOYEE ... ....... $ I
I and I I I I
I I I Bodily Injury by Disease
I [ ] Employers' I POLICY LIMIT ........... $ I
I Liability I I I I I
I DESCRIPTION OF OPERATIONS/LOCATIONS
VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CARPENTRY . INTERIOR.
SAME & TEMPORARY WORKSITES
ELSEWHERE IN THE STATE OF FL.
03-18-2.009 Authorized Representative: LEMASTER AGENCY 597-290B
Effective Date of Certificate: 9331 N TAMIAMI TR #2.3
I Date Certificate Issued: 08-17-Z009 Countersigned at: NAPLES. FL 34108
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RUG-17-2009 15'31 FROM,LEMRSTER INSURANCE (239) 597-6307 TO' 2525592 16 0'2 2
COMMERCIAL POLICY CHANGE REQUEST PAGE: 1
POLICY NUMBER: 77 AC483868-3001 CHANGE EFFECTIVE DATE: 08/17/09
POLICYHOLDER NAME: INSPIREO WOODWORKING INC POLICY EFFECTIVE DATE: 03/18/09
POLICY EXPIRATION DATE: 03/18/10
THIRD PARTY CHANGES:
ADDED ADDITIONAL INSURED: TYPE: OWNERS. LESSEES OR CONTRACTORS
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
3301 TAMIAMI TRL E
NAPLES. FL 34112-4961
Q
Q .
Q DEAR POLICYHOLDER. Q
· THIS IS A COpy OF THE COMPANY RECORD OF YOUR RECENT REQUEST TO CHANGE YOUR INSURANCE. :
: IT PROVIDES yOU WITH TEMPORARY EVIDENCE THAT TIll: MATIER IS BEING HANDLED. THE EN~~R~~~~LE ·
Q CHANGING YOUR POLICY AND ANY PREMIUM ADJUSTMENT WILL BE SENT TO YOU JUST !>S SOON . ·
: ~ctd /(. ';;/f)cUdVl-kf
. AGENT: MI CHAEL R. LEMASTER ' :
.
.
DATE COMPLETED 08/17/09
!
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Paychex, Inc 8/18/2009 1:26:52 PM PAGE 3/003 Fax Server
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PAYCHEX INSURANCE AGENCY, INC. ~~f~~~~~HIS CERTIFICATE DOES, ~~TT~~~~~'I~@I!~~ ~~.
150 SAWGRASS DRIVE
ROCHESTER, NY 14620 COMPANIES AFFORDING COVERAGE
COMPANY
A ZENITH INSURANCE COMPANY
INSURED COMPANY
INSPIRED WOODWORKING, INC. B
2805 SOUTH HORSESHOE DRIVE 3
NAPLES, FL 34104- COMPANY
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COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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.
co TYPE OF INSURANCE POLICY NUMBER POll CY EFFECTI VE POLICY EXPIRATION LIMITS
LTR DATE (MMlDDIYY) DATE (MMlDDIYV)
~ERAL LIABILITY GENERAL AGGREGATE $
= COMMERCIAL GENERAL LIABILITY PRCXJUCTS - COMP/OP AGG $
= DLAIMS MADE ~CCUR PERSONAL 8. ADV INJURY $
= OWNER'S 8. CONTRACTOR'S PROT EACH OCCURRENCE $
= FI RE DAMAGE (Anyone 11re I $
L-- MED EXP (Anyone person) $
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
!== ANY AUTO
~ ALL OWNED AUTOS ,
SCHEDULED AUTOS BCXJIL Y INJURY $
!== (Per person)
HIRED AUTOS
~ BCXJIL Y INJURY $
!== NON-OWNED AUTOS (Per accident)
1== PROPERTY DAMAGE $
~RAGE LIABILITY AUTO ONLY -EAACCIDEm $
= ANY AUTO OTHER THAN AUTO ONLY:
= EACH ACCIDEm $
- AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
a:UMBR8..LA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKER'S COMPENSATION AND .-x..l ~;p~T ~;r,y~. I I ~-:'H.
A EMPLOYERS' LIABILITY
EL EACH ACCIDENT $ 100,000.00
THE PROPRIETOR; DINCL Z069010003 04/05/09 04/05/10
PARTNERi'EXECUTIVE EL DISEASE - POLICY LIMIT $ 500,000.00
OFFICERS ARE W EXCL EL DISEASE - EA EMPLOYEE $ 100,000.00
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESiSPECIAL ITEMS
:::CER:i1FiCATE:HiOtDl:!il:::;:::;::::::::::::::::::::::::::::;:::::::::::;::::::::::::::::::::::::::::;:::::::::::::::::;:::::::::::::::::::CAN.CEmlAl10N:::::::::::::;:::::::;:::::;:::::::::;:::::::::::::;:::::::::::;::::::::;:::::::::::;:::;:::::::;:::::::::::::::::;:::::::::::;:;:::::::;:::::::::::::::
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EXPIRATION DATE nlEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
3301 TAMIAMl TRAIL EAST ~ DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMEDTO THE LEFT,
NAPLES, FL 34112 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
~D REPRESEN~
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