The URL can be used to link to this page

Backup Documents 04/14/2009 Item #16B 6 16B6 MEMORANDUM Date: August 14, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5089: Lely Golf Estates MSTU Roadway Grounds Maintenance Contractor: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. Enclosed, you will find an original contract document, referenced above, (Agenda Item #16B6) approved by the Board of County Commissioners on Tuesday, April 14, 2009. The second original will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure ". '"'--,......"'-..~,,>. .~,_.~,..._.~,_.."'-.,.....,,-'.., ~...~~. ....''"~,',_....",'~."~.".."."''-.._,,..'>'''"-,, --....". .. .......""""""""'~-,<>;,.,~..".,,." J)\U g)\Lil04 ITEM NO. 01 · ~,() \l. '1<1 11 t ) .. -.P11.J fJA TE RE~~~'r FI LE NO /) ",. + I · "..v'. fA-< 6 B 6 l 1'>'. ("., .' ROUTED TO: +}-c> 6' Sf/; I'( DO NOT WRITE ABOVE THIS LINE ~ llflll1 ,j /' \. ) REQUEST FOR LEGAL SERVICES ~ Date: August ~ 2009 To: County Attorney's Office Attention: Jeff Klatzkow - ~ T From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5089 "Lely Golf Estates MSTU Roadway Grounds Maintenance" Contractor: Florida Land Maintenance, Inc., d/b/a Commercial Land Maintenance BACKGROUND OF REQUEST: ~ This Contract was approved by the BCC on April 14, 2009; Agend~ Item 16.B.6 / This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. 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: Darryl Richard, ATM ~. '~"'_"_"'''_''.,,---~_._,..''"" " -',,--'1......'. 17" "'<1" ~ ~''''''''''''"<~d''~',...~_''',_...e..'.,'_~"''"''''''''''''...'''__,_.~.~> .... . --"..~- ~ 1686 i , MEMORANDUM TO: Ray Carter - pJ1r Risk Management Department )!~.r <.- ,. .,.(\ .'" FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist ;, -6..etA C Purchasing Department \K~ ~ DATE: August,K2009 RE: Review of Insurance for Contract: #09-5089 "lely Golf Estates MSTU Roadway Grounds Maintenance" Contractor: Florida land Maintenance, Inc., d/b/a Commercial land Maintenance This Contract was approved by the BCC on April 14, 2009; Agenda Item 16.B.6 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC C: Darryl Richard, ATM {)ATE RECEIVEO AUG 01 2009 RIS\<. MAMAGEME . ...._-, ",,,-<,,-'~"'-"" ,~,-"~__, "I "I ... -,-......_-"'_."-_...~ 16 B 6 l'1 mausen_g From: RaymondCarter Sent: Monday, August 10, 2009 2:00 PM To: Cum m ingsRhonda Cc: RichardDarryl; DeLeon Diana; mausen_g Subject: Contract 09-5089 "Lely Golf Estates MSTU Roadway Grounds Maintenance" I have approved the Certificate of Insurance (COI) provided by Florida Land Maintenance d/b/a Commercial Land Maintenance for contract 09-5089. The Contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 "..".~~~_...... .. ...,..,..<.....,--,,--.,.........,.____.._T -~_."~. ~-,-_. ..~,,-- www.sunbiz.org - Department of State 1 6 B 8ad4 I of 2 Home Contact Us E-Filing Services Document Searches Forms Help Previous Qn List Next on List ReturnTQJ..~t IEntity Name Search I;yents No Name History Submit I Detail by Entity Name Florida Profit Corporation FLORIDA LAND MAINTENANCE, INC. Filing Information Document Number P99000047430 FEI/EIN Number 650923754 Date Filed OS/20/1999 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/18/2004 Event Effective Date NONE Principal Address 3980 EXCHANGE AVE NAPLES FL 34104 Changed 04/10/2006 Mailing Address 3980 EXCHANGE AVE NAPLES FL 34104 Changed 04/10/2006 Registered Agent Name & Address KINDELAN, ROBERTO JR. 3980 EXCHANGE AVE NAPLES FL 34104 US Address Changed: 04/10/2006 Officer/Director Detail Name & Address Title PO KINDELAN, ROBERT JR. 3980 EXCHANGE AVE NAPLES FL 34104 Annual Reports Report Year Filed Date 2007 02/09/2007 2008 01/11/2008 http://www.sunbiz.org/scriptslcordet.exe?action=D ETFIL&inCL doc _ number=P9900004743... 711/2009 T'_ ..."',,.,......."~,;,~,.._.."""'"".. ;'''~ ----'~-~...".~..,.,,~ . '''",'"'''''' ~.'M_...~'~'" www.sunbiz.org - Department of State Page 2 of2 1686 1 2009 01/07/2009 Document Images 01/Q?L2QQ~=hNNUAhJiEPQRI View image in PDF format I 01/11/2008 =-ANNUAL REPORT View image in PPF format I 02/09/2007 ::ANNUAL REPORT View jmageiO PDF format I o4/J 0L:200B=-ANt\!\.J8l,.J3I;PQ R1 View imageio PDF format 01l24L2QQ_!5-- ANNUAL REEQRT View im~ge ill POF format lQ!J!312QQ4-=-R!;INST8IE MEJ'H View image in PDF .format 01/1:3/2_Q0:3. =-ANNl.JAl,.REPQRT View image in PPFJorml:jt Q2!~Oj2QQ2 ~:_AN N WAl,.REPQRT View image in POFformat 0~L26/2001 -- ANNUAL RE~QRI VieW image in PDF format QQL~2!2000 n ANNUAL REPORT View image in POFJormat 09/22/199~=-Arn~Dclrnent View image in PDF format Q5/2QL1~!:)JL=J:>omel')ticPJQfit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Nex~n List RetyrnTo\...ist IEntity Name Search Events No Name History Submit I I Home i Contact us I Document Searches I E-Filing Services I Forms I Help I CoPvright and P,.ivacy Policies Copyright cg 2007 State of Flonda, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc number= P9900004 743... 711/2009 -~'.'"'-~~ . _'_"'''_.11I" ~ -._---"""'...-_'" ---_.-_..._.,----~.._--~,=----~._-"._~ ......~ RLS# {)C{- PRL - tJ'tt-B 61 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: PL.~tk..a>A J.....p.tJ7> MAIAJ7f::AJANCt... r ~,. J..( h! C4- (! OYr\.fft~<Lt A-<-- /""1\'-J1> MA j NTG.N Al\.Ccc.. J I Entity name correct on contract? V Yes No - Entity registered with FL Sec. of State? ~Yes -"- No Insurance Insurance Certificate attached? ~Yes No - Insured registered in Florida? ~Yes - No Contract # &/or Project referenced on Certificate? ~Yes - No Certificate Holder name correct (BCC)? "~Yes - No Commercial General Liability ~!, IU/() General Aggregate Required $ "ZM\(.... Provided $ ~ N\ ~ Exp. Date Products/CompVOp Required $ Provided $ I I Exp. Date II -- Personal & Advert Required $ Provided $ I Mo\L Exp. Date ~ . Each Occurrence Required $ Provided $ jl Exp. Date I I Fire/Prop Damage Required $ Provided $ 3POj '00 Exp. Date ( , Automobile Liability Exp Date ~ II ( UJ/l) Bodily Inj & Prop Required $ 2 M.IL Provided $ I ,,^-, L Workers Compensation Each accident Required $ I V"-\.lL Provided $ , ~ML Exp Date 1;)/311 (JC/ Disease Aggregate Required $ Provided $ l, Exp Date I I Disease Each Empl Required $ Provided $ I' Exp Date ,t Umbrella Liability ~tI Each Occurrence Provided $ S Iv\I L Exp Date I) Aggregate Provided $ 10 MIL Exp Date II Does Umbrella sufficiently cover any underinsured portion? ~Yes - No Professional Liability Each Occurrence Required $ Provided $ Exp. Date - Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: Required $ Provided $ Exp Date_ County required to be named as additional insured? ~Yes - No County named as additional insured? -L Yes - No Indemnification ~Yes Does indemnification meet County standards? No Is County indemnifying other party? Yes V'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 /Yes Correct executor name in signature block? - No Correct title of executor? VYes No - Executor authorized to sign for entity? V Yes - No Proper number of witnesses/notary? t\\~ ~Yes - No Authorization for executor to sign, if necessary: 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 Initials: Date: q 04-COA-0 030222 --"~."".,.,,,,.._~-- ..... ~.._,..".._-"~~.....~-_.,-,.,. ... ....... -- _7"_"_ . - ~. 16861 ACORqM CERTIFICATE OF LIABILITY INSURANCE I 08/04/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Risk Concepts Corporation HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 410 43rd Street West SUite N AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton FL, 34209 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Southern Eaole Insurance Company 1,0 Y':;>I/ Administrative Concepts Corporation INSURER B: L10yds of London AA-1122000 406 43rd Street West INSURER C: Asoen Reinsurance AA-1120337 Bradenton FL, 34209 INSURER D: Max Re Bermuda AA-3190829 INSURER E: Odvssey Re 23680 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EfFEClIVE POLICY EXPIRATION L TR INSRo TYPE OF INSURANCE POLICY NUMBER oA T1i iMM/oofYYl DATE IMM/oolYVl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ f-- UAMAljl: COMMERCVlL GENERAL LIABILITY PREMISES rEa ocwrrence) $ := tJ CLAIMS MADE DOCCUR MED EXP (Anyone person) $ PERSONAL & PDV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUClS-COMP/OP AGG $ --, ,-, PRO- r1. IPOLlCY I IJECT I (LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - ANY AUTO (Ea accident) $ - I-- ALL O\NNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- HIRED AUTOS BODILY INJURY I-- NON-O'i'MED AUTOS (Per actidenl) $ I-- f-- PROPERTY DAMAGE $ (Per aetident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONL y. AGG S EXCESs/UMBRELLA LIABILITY EACH OCURRENCE $ tJ OCCUR 0 CLAIMS MADE AGGREGATE S S ~ DEDUCTIBLE ~ S I RETENTION S -' S A w:JRKERSCOMPENSATIONAND X I WG~'Alu-:1 IOlH- / EMPLOYERS'L1ABILlTTY WC0272682-00 01/01/2009 12/31/2009 TORY LIMITS I ER /" ANY PROPRIETOR/PARINER/EXECUTIVE E.L EACH ACCIDENT S 1,000.000.00 OFFICERlMEMBER EXCLUDED? E.L OISEASE-EA EMPlOYEE $ 1.000,000 00 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT S 1,000,000.00 I UTHER . Please note that Southern Eagle Insurance Company has reinsured it's liabilities in excess of $250.000 under the policies of B C Workers Compensation Insurance listed above with the underwr~ers listed A- or beller at the time of placement of such reinsurance. Such reinsurance are subject to their own terms. condUions and limits. This is for Informationa purposes and nothing shall create any right D E Excess Coverage under such reinsurances DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Effective: 10/10/2004 022514 Coverage is extended to the leased employees of alternate employer (Florida Operations Only): Commercial land Maintenance, Inc DBA Florida Land Maintenance, Inc Conlracl#09-5D89 "LelyGol1 Estales MSTU Roadway Grounds Mainlance" DISCLAIMER: This Certificate of Insurance does not constitute a contract between the issuing insurer{s), authorized representative or producer. and the certificate holder nor does it affirmitivelv or nenativelv amend extend or alter the coveraae afforded bv the Dolicies listed thereon. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF. THE ISSUING INSURER \MLL ENDEAVOR TO MAIL~DAYS MITTEN Board of Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS CR REPRESENTATIVES. Naples FL, 34112 AUTHORIZED REPRESENTATIVE __ ~ ~ ~ Fax# _~_)<>--,~- .-'-..,,- \2~,,-.::..'Iv<>,Y-- ACORD 25 (2001/08) 444 - 20090604 @ACORD CORPORATION 1988 _,""'" _..,,'~~' ..,,_..,..:............-,:.,""_...,'. ,_,,.'W',.._ m___""~""_"'_'__~~ A G R E E MEN T 09-5089 16B6;!~ for Lely Golf Estates MSTU Roadway Grounds Maintenance THIS AGREEMENT is made and entered into this 14th day of April 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 Florida Land Maintenance, Inc., d/b/a Commercial Land Maintenance authorized to do business in the State of Florida, whose business address is 3980 Exchange Avenue, FL 34104 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one year (1) year period from the date of Notice to Proceed, with three (3) one (1) year renewal options. 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 one (1) firm to be pre- qualified and awarded a Contract to one (1) firm. The awardee will enter into an Agreement to provide complete seNices for Lelv Golf Estates MSTU Roadwav Grounds Maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5089 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed to the Contractor who will have the opportunity to submit a formal quotation for the Work. The Contractor shall respond with the information sought within seven (7) working days. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Purchasing Director and, if approved by using Department (could be contingent on funding), must be based upon South Urban Consumer Price Index (CPI) based on the previous twelve (12) months. Any upward price adjustment approved by the County shall impose upon the Contractor the requirement to advise and extend credit to the County when costs' similarly decrease. Surcharges, if applicable, Page -1- ,-..--, --....=..- -.,.--'"""",'''''..--- ""."'m_""~.____~~, .-,--- ,..~"',-~.~--,._-- -"~--'-"-- 16B6~~~ will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structures. 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: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance 3980 Exchange Avenue, Naples, FL 34104 239-643-6205 Telephone 239-643-5012 Fax Robert Kindelan, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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 Page -2- -'''''.,-'......~...... ...,_. vv __ -..rl'__."......";.,.."."""""~"','____-..,,,.."~_~_,,..,,_~__ -"""",,-._....,.,,..,.,-, '--'-'-~ "~....,."-,,~...,, "', --.~_._-- 16B6 \ '3e in violation of any federal, state, county or municipal ordinance, rule, order or regulation, ",ny governmental rule or regulation now in effect or hereafter enacted or adopted. In the ..:vent 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: / I.N/Uw.~.(f,. A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; I ndependent contractors; Products and Completed operation~~ Cont~actual Liability. &of tt,.Wlt.. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include 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 ,0.9!l,000 for each accident. Special Requirements: Collier County Board of Co nty Commissioners shall be listed as the Certificate Holder and included as an Addition Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and Page -3- "_"__'~'""""4,.,._____g .,-'_.----------~_....._-,. "-~.,,.,-,..,---,~._--._-_.-. ,.'-,.-p,"_.-' employees from any and all liabilities, damages, losses and costs, including, 1t ~ot~mged ;0, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractoror anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work. Subcontractors will not be allowed in this contract. 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 Page -4- --... ,,,,.-,,.--- ......-. ..".....,-"". .- ...q- ,. 1686 I delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "C" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17.COMPLlANCE 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. 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 Page -5- , '" -__"" u_ .^-""......_- r-- . 'Ii '. .~. ~.".""~.,,,..._,. .,'"^ v'_ ____,,~..._'K""'.__ . 1686 i , and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. S. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, 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 Page -6- _._-~ .. ... ,-".--.,--_.~,"~..,~,,- .-. .._- .~~".,,"-~,~--".~"...__. , or loss. Contractor shall give the Owner written notice within forty-eightl4~ h~U~ 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 issue a Certificate of Substantial Completion. 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 prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1 ) The Release and Affidavit in the form attached as Exhibit "8". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) Page -7- ~~~--.. .- -- "'."_.-......'..,., ..,."-......,'.---.."'.,..."...., , .~,-~---_...._"-- -,~- calendar days from the Commencement Date. No Work shall be performed J.t~ AQt st prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5089, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work 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. Page -8- ~"'-~-,~,-- . ~- ....".- ~l' ~ 1;1 """'''...-,.,'....-..''. ,.. .-- " -'-- r_..."...."."...,"--'......-'''''.--'..-" <.."__~m",~_...,,_. .30. SUBJECT TO APPROPRIATION. 1686 f It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immed iately. 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. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. . . . . . . . . . . . . . . . . . Page -9- -..-.-- ....... ~ ..;~.,."..._.'~,...;.,"~,_..',.,,',,--- _.~,'^m" .-.-.-.""",- 1686 i IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COU ifY, FLORIDA Dw~."Br~~" k,~I~;'~OfCourts ~ dL'- By: '~. By: :. . f'.; ~..."."',< ':i', '. '-;'. " Donna Fiala, Chairman Dated, ", .. . ". . - ',"' , . .. S ". .:.. ,--..; . .' ..( eal).< ';~. ", ". '.41 ,..)> . .1IM. .'.... , ~:......,~. .1. .I.M..... .,.~,;"s- . d''r.;;n-'' Florida land Maintenance. Inc. d/b/a Commercial land Maintenance Contractor . '..J i//P/ /l Lr- By ~ /(vi/A First ness Sig"nature / ,,,) \v\. '-:Torr ~ Ju tv", '! ~) l'vl).6L,,1^--' Type/Print Witness Name Typed Signature /) - " )- L u (j...U J J.. (j {} '-UJ l{ .c-r I /) c./\.." I Second Witness Title Q '" Il/rJ..j f i/ Ii rJ.' Type/Print Witness Name County Attorney bt,..+aJ S ~.tf R. ""7i~ ~ L, Pnnt Name ltem# ~ Agenda t1~ Date ...L.Ll-V l Date ~_HL.N:::I Rec'd Ll.IJL \ ~ Page -10- ".,,~,~..~~__,_... ...,-.".,...._.,.__ T "'., .._.,..-.0.____ ..,. "--"""'-"'_..,,,_.'..''''''''_'''-"'--<, EXHIBIT A 1686 RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1 ) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 _' by , as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. . My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -11- ,,~=.. . "_,~,"_h'~""~ -'..^.,^".~",...' .. _._"'" 1686 EXHIBIT B FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 09-5089 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -12- "~--~, .- 11 _....,"......"'~""..- ""._~"",.;_"'"'_..."'..._oIi/O"._ ---.... --~'- ,-~-_..,..._.~."".~-" EXHIBIT C 1686 , CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5089 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ ) Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-> calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -13- ~_'~_"M'_" ... ..... """_'__',",~O ''''-'-''''''- .~'".,.~.~ ~....--. ~,_...~-^ 1686 EXHIBIT D WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -14- "-,",,,,,,>~_.... - - ",.,..."",",.,,~",'-' ""~."'~'''''.. .-"",._...',,,,-----"'.- ,,"'... ".. , _._-,.- 1686 AC~@ CERTIFICA TE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) ~' 8 6 2009 PRODUCER Phone: 239-262-5143 Fax: 239-261-8265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 999 Vanderbilt Beach Road, #507 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Naples FL 34108-3507 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A FCC I Commercial Insurance Commercial Land Maintenance INSURER B:Na t ional Trust Insur Florida Land Maintenance, Inc. dba 3980 Exchange Avenue INSURER CNorth Ri vel:'. Ins. Co, Naples FL 34104 INSURER D I I INSURER E: I 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 DOCill4ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . I~~~ ~~~~ POLICY NUMBER .;2}JCY EFFECTIVE POLICY EXPIRATION LIMITS ""'-~ A X ~ERAL LIABILITY GLOO074082 7/1/2009 7/1/2010 EACH OCCURRENCE S 1 GOO 000 '" L :5~ERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~~nce S300 000 - CU'JMS MADE EJ OCCUR MED EXP (Anv one oarsonl S 10 000___ ~ PERSONAL & ADV INJURY $ 1 000 000 f------ GENERAL AGGREGATE $ 2 000 000 ~r AGG~E~Ti L1MI: APFxlS PER: J:RODUCTS . COM PlOP AGG $ 2 000 000 POLICY X ~~RT X LOC I AI' B I ~TOMOBILE LIABILITY CAOO11222 7/1/2009 7/1/2010 ..., /' , COMBINED SINGLE LIMIT $1,000,000......... L ANY AUTO (Ea acdden) --- - ALL OVIINED AUTOS BODILY INJURY S - SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY $ NON.QIMJED AUTOS (Per acddent) - - ,-- PROPERTY DAMAGE $ i (Per acddent) =rAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S C :5ESS f UMBRELLA LIABILITY 5530925385 17/1/2009 7/1/2010 EACH OCCURRENCE 5.5000000 ,,/ OCCUR D CLAIMS MADE AGGREGATE 51000.0000 S 8 DEDUCTIBLE S X RETENTION SO S WORKERS COMPENSA TlON I T~~Tf:T.~~ I 10J~' AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORlPARTNERJEXECUTIVE D E.L. EACH ACCOENT S OFFICERIMEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE S (Mandatory In NH) -~-- ~~~MtS~Rb~~~1~~s below E.L. DISEASE. POLICY LIMIT $ OTHER I DESCRIPTION OF OPERA TIONS I LDCA TlONS I VEHICLES I EXCLU SIONS ADDED ZORSEMENT I SPECIAL PROVISIONS andscaping Contractor. *10 Days Notice Given for Non-Payment of Premium. ertificate Holder is included as additional insu ed per form n CGL021 (04-03) - Additional Insured - Owners, essees, or Contractors - Scheduled Person or Organization when required under a written contract or agreement. ~laiver ~f Subrogation applies when required under written contract per form # CGL004 (02-08)General Liability Advantage ndorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *45 DAYS ~IRITTEN NOTICE TO THE Collier County Board of County CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Commissioners SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 3301 East Tamiami !rail THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples FL 34112 AUTHORIZED REPRESENTATIVE I ill"" 1.',,;;..,,;'''5 ACORD 25 (2009/01) @1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -._.,,,",,,-- --. ~'.-~__ 1 ~ -_."..,,~-~..>., _"~O~""._._ "~-~'........--- 1686 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 This Certificate of Insurance 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 (2009/01) ,~_._~, "_. . ... Iii"''''''__~'~' ,,"__",.,. "~"~"''''""",,,,,____,,,_,,,,,,,,,,,,_,,,,,,_,,,,,~",,''''r.._,,..<._ ~,,_... ---~.._,- ~--_.-~---_.. ---.-------------1-6-8-6- COMMERCIAL GENERAL LIABILITY CGL 021 (0403) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for wh ich coverage is sought. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to your negligent actions which cause liability to be imposed on such person or organization without fault on the part of said person or organization, as a result of "your work" performed for that insured. CGL 021 (0403) Includes copyrighted malerial of ISO Properties. Inc.. with Its permission. Page 1 of 1 '_''''~~'''____ I . -. -, ....,--""~"..- ._.-.-..~...'_,~.""'_,'_.,A> -~.--- -..-.-