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Backup Documents 04/14/2009 Item #16B10 16810 MEMORANDUM Date: May 13, 2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5173: "Landcare Services for Road and Bridge" Contractor: Caribbean Lawn & Garden of SW Naples, FL, Inc. Enclosed is one original contract, referenced above (Agenda Item #16B10), approved by the Board of County Commissioners on Tuesday, April 14, 2009. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (1) ITEM NO.: <::51. pu.c.. FILE NO.: -.Iv\: ,/\ Dllq I. sf 0 1\\1' 41 C ~> k \J yo ~~{c-C- ~r1;f01 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SER~I~ES c; Jt Date: May 8,2009 16BI0 DATE j(~\8~l\!)~~~t. _ COUNTY L\}l \\J~\F, 1~nq ~~\~ \ \ r~ 3~ 04 p~ () ,,~ ~..y t{ - d~> W County Attorney's Office /'> . Attention: Jeff Klatzkow .,'" i 17 Rhonda Cummings, FCCN, CPPB, Contract specialis~U~ Purchasing Department, Extension 8941 To: From: Re: Contract: #09-5173 "Landcare Services for Road and Bridge" Contractor: Caribbean Lawn & Garden of SW Naples, FL, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 14, 2009; Agenda Item 16.B.10 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: Mark Rothenberger, Road & Bridge Ray Carter Risk Management Department '''\ Ii Rhonda Cummings, FCCN, CPPB, Contract specialis~ l~ Purchasing Department CJ MEMORANDUM TO: FROM: DATE: May 8, 2009 RE: 16810 Review of Insurance for Contract: #09-5173 "landcare Services for Road and Bridge" Contractor: Caribbean lawn & Garden of SW Naples, FL, Inc. This Contract was approved by the BCC on April 14, 2009; Agenda Item 16.B.10 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: Mark Rothenberger, Road & Bridge 4rJ IJArr -lVED MAY 11 2009 1%9 16 B 10 mausen_g From: Sent: To: Cc: Subject: RaymondCarter Monday, May 11,20092:03 PM CummingsRhonda mausen _g; RothenbergerMark Contract 09-5173 "Landcare Services for Road and Bridge" Rhonda, I have reviewed and approved the Certificate of Insurance provided by Caribbean Lawn & Garden of SW Naples, FL, Inc. for the above referenced contract. The contract will now be forwarded to the County Attorney's Office for their review. Thank you. ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State 16 B loge 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help PreviousQ!lL.j~ Ne1l;tQn List RElturn ToL.ist IEntity Name Search No Events No Name History Detail by Entity Name Florida Profit Corporation CARIBBEAN LAWN & GARDEN OF SW NAPLES FL., INC. Filing Information Document Number P07000036951 FEI/EIN Number 208700505 Date Filed 03/22/2007 State FL Status ACTIVE Effective Date 03/21/2007 Principal Address 3307 DESOTO BLVD. S. NAPLES FL 34117 Mailing Address 3307 DESOTO BLVD. S. NAPLES FL 34117 Registered Agent Name & Address CARAZA, MARIA C 3307 DESOTO BLVD. S. NAPLES FL 34117 Officer/Director Detail Name & Address Title P CARAZA, PABLO JR. 3307 DESOTO BLVD. S. NAPLES FL 34117 TitleVP CARAZA, MARIA C 3307 DESOTO BLVD. S. NAPLES FL 34117 Annual Reports Report Year Filed Date 2008 03/13/2008 2009 04/30/2009 Document Images http://www.sunbiz.org/scripts/cordet.exe?action= DETFIL&inCL doc _ number= P070000369... 5/11/2009 www.sunbiz.org - Department of State Page 2 of2 Note: This is not official record. See documents if question or conflict. 16 B 10 Q4/~OI2QQQ--ANNlJ At., . R E: P QRI 03/131200a--AN NlJAt., RE: PORT 03/2?120QZ-~DQmestic Profit Previous on List Next on List ftetymIQList IEntity Name Search No Events No Name History I Horne i Contact LIS I Document Searches I E..Fiiinq Services I Forms I Help I Copv1loht and F'nvacv Policies Copyriqt)t !/) 2007 Stdte of Florida, Depal-trnent of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc _ number= P070000369... 5/11/2009 16810 RLS # D1- f1R.~ - 011 C( / CHECKLIST FOR REVIEWING CONTRACTS EntityName: t3ARJB.AFAIU /.../4(.U/J ct- GI4t4..beN Of::' 5tU N~t::s, A, (/IX'!, Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ I _A I' Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ \ N\. \ \ Workers Compensation Each accident Required $ I ~^ i L Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: 'V" Yes ~Yes ~Yes ~Yes Provided $ Provided $ Provided $ Provided $ Provided $ 2. IV\( I l \ I \M.( L j W\.1L- I ()V, &&0 Provided $ J.1'v\ I L Provided $ Provided $ Provided $ I' t l\.\ \ L- l , Exp Date Exp Date Yes Provided $ Provided $ Required $ Provided $ County required to be named as additional insured? County named as additional insured? ~Yes Yes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ~Yes Yes Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? .J !A ...,,,/" Yes /Yes ~Yes ----\L- Y es -V- Yes -\,..L- Y es ~Yes Attachments Are all required attachments included? ~Yes c"./"'Yes ~Yes No No No _No No No Exp. Date '-t /4/2"(0 Exp. Date~{ ( Exp, Date Exp. Date Exp. Date Exp Date 10 172-jOQ ( f Exp Date Exp Date Exp Date 4 J &( IU;J ) No Exp. Date Exp. Date Exp Date_ No No No ~No Yes No Yes Yes No No No No No No No No No No \ Reviewer Initials: )1A..f~ Date: fit;}.! OC} 04-COA- 1030/222 A G R E E MEN T 09-5173 16810 for landcare Services for Road and Bridae 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 Caribbean Lawn & Garden of SW Naples, FL, Inc, authorized to do business in the State of Florida, whose business address is 3307 DeSoto Blvd. South, Naples, FL 34117 (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 upon award of contract and terminating, one year from date of award or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Landcare Services for Road and Bridge on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5173 and the Contractor's bid 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 which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non-performance. 3. THE CONTRACT SUM: 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 bid. 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. Payments 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 Page -1- 16BIO 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 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, 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: Caribbean Lawn & Garden of SW Naples, FL, Inc. 3307 DeSoto Blvd. South Naples, FL 34117 239-455-7278 Telephone 239-455-7645 Fax Maria Caraza, Vice 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. Page -2- 16B10 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: ;.' Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. A' Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. -i. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 16810 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. 12. 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. 13. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. 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". 15. 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 Page -4- 16 B 10 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. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. 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. Page -5- 16810 A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. Page -6- 16 B 10 24. 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. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. 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. 27. 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 therefore. 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 Page -7- 16810 fix the date of Substantial Completion for the entire Work (or designated portion thereof) and il1c;lljde 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 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 "B". (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. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a 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 Page -8- 16B 10 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. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Department. 30. 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. 09-5173, any addenda, Exhibits A through G, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 31.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. 32. 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. 33. 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. 34. IMMIGRATION lAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. 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. Page -9- 16810 36.0FFER 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. 37.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 -10- 16810 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ",.," Dwight E. ~rOCk, CJerK,(:tf Courts , . BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA ~d~ By: Caribb G--- ~ By: First Witness S~n~uffi / /YJ/hf;1f (J/ ()~/f Typed Signature 'I. (J ~ Title L.cvrVVleh ~~P:"'Q Type/Print Witness Name ~~ Second Witness ~l\e~ A. Pera Type/Print Witness Name Approved as to form and le9$;::pcp )'-~ ^S31~lc1f It County Attorney ~~~ Page -11- 16810 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 09-5173 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at _ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full fo rce. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page-12- Signed, sealed and delivered in the presence of: 168 10 PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by_ (Signature of Notary) Name: (legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -13- 16 B 10 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- 16810 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5173 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- 16810 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by ,as ,a He/She is personally known to me OR has produced did (did not) take an oath. day of of corporation, on behalf of the corporation. as identification and My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- ATTEST: SURETY: 16B10 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20____, by I as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16B10 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 20_, 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 -18- 16810 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 09-5173 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -19- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16B10 CHANGE ORDER NO. CONTRACT NO. 09-5173 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -20- 16810 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21- 16810 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RES PONS I BI L1TI ES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page -22- 16810 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -23- 168 :10 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,20_ OWNER By: Type Name and Title Page -24- "' ~ 10310 EXHIBIT G 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 guarantees 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 -25- 16810 ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE 02-16-200~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AUTOMATIC DATA PROCESSING INS AGCY ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 250717 P: (877)287-1316 F: (877)287-1315 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 308 FARMINGTON AVE INSURERS AFFORDING COVERAGE FARMINGTON CT 06032 INSURED INSURER A: Tw in City Fire Ins CO INSURER B; CARIBBEAN LAWN & GARDEN OF SW INSURER c: 3307 DESOTO BLVD. S. INSURER D: NAPLES FL 34117 INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITiONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBfR r:;.~~YME~~~J.:.~~ "gk'feY,~.lt~GJ,)~~ LIMITS LTR GENERAL LIABILITY I I EACH OCCURRENCE r $ - COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE IAnV one 'Ire) I $ I CLAIMS MADE U OCCUR j MED EX? (Anyone personl I $ I-- r PERSONAL & ADV INJURY I $ I-- I GENERAL AGGREGATE I $ GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS. COMP/OP AGG I $ II POLICY II jr8i- n LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT - $ ANY AUTO (Ea aCCident) - - ALL OWNED AUTOS I BODILY INJURY , $ SCHEDULED AUTOS (Per person) - f-- HIRED AUTOS I BODILY INJURY I $ NON-OWNED AUTOS (Per accident) I-- I PROPERTY DAMAGE I $ (Per aCCident) GARAGE LIABILITY I AUTO ONLY. EA ACCIDENT I $ ~ ANY AUTO I EA ACC I OTHER THAN $ AUTO ONLY: AGG $ ~ESS LIABILITY I EACH OCCURRENCE I $ LJ OCCUR U CLAIMS MADE I AGGREGATE 1$ I 1$ =1 DEDUCTIBLE I I $ RETENTION $ $ WORKERS COMPENSATION AND X lr~giT~~;, I IO.;r,r. A EMPLOYERS' LIABILITY 76 WEG TR4992 04/09/09 04/09/10 $1,000,000 E.L. EACH ACCIDENT I ""-..-...-. ......."..- $1, 000, 00-0 E.L. DISEASE. EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 lom~ I I _I I DESCRIPTION OF OPERATlONS/LOCATlONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. Lie # CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Collier County 3301 Tamiami Trl. E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORI D E ~IVE 7 tJ-dL~ ,. ACORD CORPORATION 1988 ACORD 25-S (7/97) 05-01-2009 01:04pm From-PE4982 T-030 POOl/DOl F-060 CERTIFICATE OF INSURANCE 16 B 10 SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DeSCRIBED BELOW. This certifies that: t8J STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ,or o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the fallowing Named Insured as shown below: NAMED INSURED: CARraSEAN LAWN & GARDEN ADDRESS OF NAMED INSURED: PO BOX 990a66, NAPLES. E'L 34116-6046 POLICY NUMBER 482 0632-F25-59A 666 6442-D03-59 640 3292-022-596 EFFECTIVE DATE OF POLICY 12/25/08-06/25/09 04/03/09-10/03/09 04/22/09-10/22/09 DESCRIPTION OF FLl!:ET (5 05 FORD VEHICLE (Including VIN) VEHICL&:S) RANGER LIABILITY COVERAGE C8I YES DNO t81 YES DNO [8J YES DNO DYES DNO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident 2 M.M CSL 1 MM CSL 2 MM CSL b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE 181 YES DNO [8J YES DNO 181 YES ONO DYES DNO COVERAGES a. Comprehensive $ 500 Deductible $ 500 Deductible $ 500 Deductible $ Deductible I:8J YES DNO [81 YES ONO t2J YES DNO DYES DNO b. Collision $ 500 Deductible $ 500 Deductible $ 500 Deductible $ Deductible EMPLOYERS NON.OWNED DYES ~NO DYES DNO DYES DNO DYES DNO CAR UABILllY COVERAGE HIRED CAR LIABILITY DYES r8I NO DYES DNO DYES DNO DYES ONO COVERAGE FLEET - COVERAGE FOR ALL. Q'NNED AND LICENSED f2J YES DNO I8l YES DNO DYES DNO DYES DNO MOTOR VEHICLES itrtfxA/l nldvr Signature of Authorized Representative Name and Address of Certificate Holder COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E N~PLES, FLORIDA 34112 AGENT 2598 TIIIB Agent's Coda Number Name and Address of Agent aRIAN A. GLAESER 7385 RADIO RD suITE l04A NAPLES, FL 3410~ 05/01/2009 Date INTERNAL STATE FARM USE ONLY: 181 Request permanent Certificate of Insurance for liability coverage. 1224211.2 ~BV 08-10-2004 181 Request CMlOcatB Holder to be added as an Additional Insured. Ma~ 08 2009 9:38AM 16 B 1.0 CARIBBEAN LAWN & GARDEN 239-455-7645 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DA.TE (M/M)llIVYY'I) 517/2009 PROOUCER Phone: 239-939-1010 FaKI 239-939-7172 THIS CEATtFICATE tS ISSUED AS A MAlTER OF INFORMATION Tim Shaw Insurance Group Inc. ONL Y AND CONFeRS NO RIGHTS UPON THE CERTIFICATE email: certificates@timshaw.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4091 Colonial Blvd ALTER THE COVERAOE AFFORCeO BY iHE POLICIES BELOW. Fort Myers FL 33966 INSURERS AFFOROING COVERAGE NAIC ff / INSUFlcD It-lSURERA:t\lort.h Pn; "t-"" Tnsu ranee Co. 7740,r Caribbean Lawn & Garden of SW Naples, Ine INSURERB: PO Eox ~90866 Naples :TL 34115 INSUAERC: INSURER 0: INSURERE: COVERAGES THE FOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE rNSURED NAM~D ~BOVB FOR THE FOLICY PERIOD rND:CATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRF.CT OR OTHER DOCUMENT WITH RESP~CT TO WHICH THIS C~RTIFICATE ~~y BE ISSUED OR MAY PERIhI~, THE INSURANCE AT~ORDED BY THE POLICIES oESCRrBED H~REIN IS SU~JECr ro ALL THE TEl':MS, EXCLUSIONS AND CONDITIONS OF SUCR POLICIES. AGGREGATE LIMITS SHOWN MAY HkVE BEEN REDUCED BY PArD CLAIMS. '~~: ::::::: POUCYNUMlt'" POllC\'EFFECTIVf POLIC,{EXPI~A"J10~ UNITS A ~EN(flALLIAIllUTY 30 93C0027 9 4/4/20C9 4/4/2010 EACHOCCURA~NCE s1.nnno[')0 ~ ~MEACI!<.L GENERAL UABlLITY PAE'MISEa E",,,,,,,,,,,,,,,,' $100 000 r-- CUllLlSIllAOE [i] OCCUR MED E)(P (Any llfB Il8r"'ll $50ClO r-- PERSON....L & ADl/ItlJURV S 1 nno 000 GENERALAGOAEQATf $2 000 000 GEN1.AGG~EnILfMIT An PER: PRODUCTS. COMP.opAGG $2 000 noo -;l f'OUCV P,tg: lOG ~oMoBlLe UABlllTV COMBINED SINGLE U~T $ ANVAUTO (E a lICdd&~ I I-- f- ALL OMifOAUTOl:l BOOll,( IN.tJR'I $ SCHBlULEOAUTOS (Per P""!iOfI) r-- H1REDAUTOS BOO" Y INJURV I-- $ NON.(l WNED AUTOS (Pel aocld:>rt) I-- '-1 PROPERTY DAMAGE S IP'" aooklert) ",,.,RAGEUIIIBIUTV AUTO ONLY. EAACCIOENT $ ~ JIJ'lYAUTO OTHER THAi-l EAACC $ AUTOONl V: AGO $ pESSlUM.REl.lA UABI L1TY EACH OCCURRENCE $ OCCUR D ClAI ~ts MADE AGGREGATE $ ,: q oeOUCTleIl.E $ RETENTION $ $ WOIlKEIISCOMPENSAnONMlD I T~~TeTh!;, I IOJ.t' EIIIPlOYERill'llA.llUTY EL. EACHACCIDENT $ mVPRDPRIETORiPARTNEWEXE CUTIIIE OFACERlMEM8ER EXCLUDED? E. L DISEASE. Ell. EMPtOYEE $ ~m~~~NSb8_ E. L 0 SEASE. POlICV lI~T $ OiliEA OESCFlIPTIONOFOI'EIlATlONS I LOCATIONS IVEHICL,.ES J I!lCCllISIOHS A.DOED IV ENOORSEIr1EHT ISPECIAL PROVISIONS ~i(a 09-5L73 ERTIFICATE SOLDER IS INCLUDgD AS ADOITIONAL INSURED WITH R~GARDS TO THE GENERAL Ll~BILITY COVERAGE SHOWN ABOVE; FOR ~NY WORK PERTORMED BY THE NAMED INSURZD AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD AKY OF TaE ABOVE DESCRIBED POLICIES EE CANCELLED of BEFORE ~HE EXFIRATION DATE TliEREOF, THE ISSO LNG INSURE;R Collier Country Board County 'tilLL ~NDE:^VOR TO MAIL 1J DAYS tIRITTEN" NOTICE TO THE CommiS3ioners CERTIFICATE HOLDER NAM~D TO TH& LEFT, BUT F7ULURB TO 00 SO 3301 Tamiami TC'ail ~- SHALL IMEOSE NO OBLIGATION OR LIABILITY OF ANY XINe OFON Naples FL 34112 TElE; INSURER, ITS AGE~TS OR REPRESENTATIVLS. 4UTHOFl14EO REP RiS ENTATIVE ,.......-, <-'11/" '. ~:';''''''<-:'..(~ "f......",. ACORD 25 (2001/08) <<:l ACORD CORPORATION 1988 Ma~ 08 2009 9:38AM CARIBBEAN LAWN ~ GARDEN 239-455-764516 Bl P2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Itau of sLlch endorsemenl(s). If SUBROGATION IS WAIVED, subject to the terms and conditions 01 the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to 1he certifrcate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies fisted thereon. l"';i:~ ';,.' ..:> r'~ ' , . '". ~ '",."j' '..,~'<SJ ".~' '. . . . ~I.'"tliwt~~ 16B10 MEMORANDUM Date: June 22, 2009 To: Dianna Perryman, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract: #09-5173: "Landcare Services for Road and Bridge" Contractor: Eden Landscaping, Inc. Attached please find one (1) original document of each amendment, as referenced above, (Agenda Item #16B10), approved by the Board of County Commissioners on Tuesday, April 14, 2009. An original has been retained in the Minutes and Records Department and for the Board's official records. If you should have any questions, please contact me at 252-7240. Thank you. Attachments 16810 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Of1iee. The completed routing slip and original documents arc to be forwarded to the Board Offiee only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Scott R. Teach, Deputy County Attorney County Attorney SRT 06-19-09 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Scott R. Teach Phone Number 252-8400 Contact Agenda Date Item was 04-14-09 Agenda Item Number 16.B.1O Approved by the BCC Type of Document Agreement 09-5173 Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the-BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 04-14-09 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. Yes (Initial) SRT N/A (Not A licable) 2. 3. 4. 5. 6. SRT SRT SRT SRT SRT I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 09-PRC-O I 228/3 A G R E E MEN T 09-5173 16 8 10 ~ for landcare Services for Road and Bridae 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 Eden Landscaping, Inc., authorized to do business in the State of Florida, whose business address is 15804 Brothers Court, Suite 7, Fort Myers, Florida 33912 (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 upon award of contract and terminating, one year from date of award or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Landcare Services for Road and Bridge on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5173 and the Contractor's bid 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 which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non-performance. 3. THE CONTRACT SUM: 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 bid. 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. Payments 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 Page -1- 16810 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 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, 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: Eden Landscaping, Inc. 15804 Brothers Court, Suite 7 Fort Myers, FL 33912 239-482-3929 Telephone 239-590-0609 Fax Morgan Halle, 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. Page -2- 16 B 10 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 seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be, no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1 ,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated Insurance coverage. Page -3- 16 B 10 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. 12. 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. 13. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. 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". 15. 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 Page -4- 16 E 10 prosecution of the Work by the Contractor; or (g) any other material breach of the :;ontract 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. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. 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. Page -5- 168 10 A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. 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. 20. 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. 21.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. 22. 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. 23.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. Page -6- 16810 24. 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. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. 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. 27. 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 therefore. 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 Page -7- 16810 fix the date of Substantial Completion for the entire Work (or designated portion ther'80t) 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 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. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereot) 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 Page -8- 16B10 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Department. 30. 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. 09-5173, any addenda, Exhibits A through G, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 31.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. 32. 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 Comm issioners. 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. 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. Page -9- 16810 36.0FFER 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. 37.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 -10- 16810 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hefelmder set their hands and seals on the date and year first above written. I . !."li' ATTEST 'r;. '..', . . ~'~',,,,,,':' 0 _ ", "'-~,' Dwight E..~k;'Clerk:afCouff~ B.--:-~\ ,"'/ / i,~;, . / .'. y: J :\ivv.; !t' .' Dated: \ " 't'\:e.: I,. j ; .- ~.t_t~,..' IftIIWt',.." . J)~it~ U t ~..JJA '=?~\( }1AJ Type/Print Witness Name !3~~ ttuAL Y Second Witness ~ VC!f1da. '1{eA VI!- ~ Type/Print Witness Name ~~" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. r& ~ . ~" c=- Donn iala, C1iairman Eden Landscaping, Inc. BY.-& LL ~nature ~J\ ')~.'3t.VJ ~ tJ.t, Typed Signature ~S~U Title Page -11- 16810 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 09-5173 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -12- Signed, sealed and delivered in the presence of: 16810 PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by_ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -13- 16810 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -14- 168 10 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5173 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- 16Blr This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. day of of corporation, on behalf of the corporation. as identification and My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 16810 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20____, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- EXHIBIT B RELEASE AND AFFIDAVIT FORM 161JJ 1'0 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 20_, 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 -18- l'~l@ EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 09-5173 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Type Name & Title) By OWNER'S Project Manager: Page -19- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16,9Iin CHANGE ORDER NO. CONTRACT NO. 09-5173 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -20- 16B10 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -21- 161fJ ,1 co The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page -22- 16810 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -23- 16;B 1(0 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,20_ OWNER By: Type Name and Title Page -24- 16W ]JD EXHIBIT G 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 guarantees 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 -25- 1.6 B 'l~ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) TM 05/15/2009 PRODUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alan Williams & Associates Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 13700-1 Ben C. Pratt/ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Six Mile Cypress Pkwy Ft.Myers, FL 33912 INSURERS AFFORDING COVERAGE NAIC# INSURED Eden Landscaping, Inc. INSURER A: Montgomery 67887 15804 Brothers Ct Ste 7 INSURER B: Bridgefield ESI 10701 Fort Myers, FL 33912 INSURER c: Ohio Casualty Ins. Co. 09385 239 590-0609 J/D INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ",DD~i TYPE OF INSURANCE POLICY NUMBER &ffJ~~~f66~ b~~:frMi.~b~ LIMITS LTR NSR GENERAL LIABILITY BL053471333 03/16/2009 03/16/2010 EACH OCCURRENCE $ 1,000,00C e-- ~~~~~~J?E~~~J~r?ence , X COMMERCIAL GENERAL LIABILITY $ 300,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,00C A X X Contractual PERSONAL & ADV INJURY $ 1,000,00C e-- 2,000,00C GENERAL AGGREGATE $ f--- 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 POLICY !Xl ffg-i .. n LOC AUTOMOBILE LIABILITY BA053471333 03/16/2009 03/16/2010 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) C - X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) '-- '-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R - ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ tKJESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,00(] X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,00(] A X US053471333 03/16/2009 03/16/2010 $ M DEDUCTIBLE $ X RETENTION $ 10,00(] $ WORKERS COMPENSATION 830-36937 09/18/2008 09/18/2009 I T~~JI~Ns I X I OJ~- AND EMPLOYERS' LIABILITY Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1,000,OO(] (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER BM053471333 03/16/2009 03/16/2010 Per Policy Inland Marine A pDESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: # 09-5173 Landcare Service for Road & Bridge Collier County Board of County Commissioners is named as certificate holder and additional insured with respect to general liability for any and all work performed on behalf of Collier County by the named insured. RESENT 6/1612009 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Board of County Commissioners REPRESENTATIVES. 3301 East Tamiami Trail AUTHORIZED REPRESENTATIVE ~~ Na~les, FL 34112 Jeff Williams/CLIO ACORD 25 (2009/01) FAX: 252.2469 @1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1681n 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) Florida Department of Financial Services Page 3 of 5 16910 Company Directory: Search Results This ill/ormatioll is curreflt as of 6/18/1009 OHIO CASUALTY INSURANCE COMPANY FEIN Florida Company Co NAIC Company Code Company Type Home State Web Site Authorization Ty Authorization Stat IFirst Licensed in Florida Datel 31-0396250 09385 24074 PROPERTY AND CASUAU'Y INSURER OB I BE R1YMUrU A LAGENCYMAR KET'S.COtvI CERTIFICATE OF AUTIIORITY ACTIVE 1111511940 Add resses Type I Address II I.hone I 9450 SE\VARD RD. ADMINISTRA TIVE FAIRFIELD. OH 45014-5412 (513) 603-2400 UNITED STATES I I 9450 SEW ARD ROAD, I I HOME FAIRFIELD. OB 45014 UNITED STATES I I 175 BERKELEY ST. MAILING BOST'ON. MA 021 16-5066 (617) 357-9500 x44393 UNITED ST A'rES 175 BERKELEY STREET, POLICY HOLDER RELATIONS BOSTON, rvIA 02116 (513) 603-2400 UNITED ST ArES 17S BERKELEY STREE'I', LOCATION OF RECORDS BOSTON, MA 021 16 (617) 357-9500 UNITED STArES Authorized Lines of Business http://W\Vw.no;r.com/companyscarch/cach comp.asp?P REDA '{ =6~'1J2 F I 8~,'02F2()09+&IR,.. 6/19/2009