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Backup Documents 03/24/2009 Item #16B 6 MEMORANDUM Date: April 21, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5194: "Collier County Right-of-Ways and Medians Mowing and Maintenance Annual Contract" Contractor: Big Tree, Inc. Enclosed please find an original contract, referenced above (Agenda Item #16B6), approved by the Board of County Commissioners on Tuesday, March 24, 2009. The second original will be held for the Board's record in the Minutes and Records Department. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure (1) 16B6 ITEM NO.: Q1rptc- 0//&1 DAT~ ~.ffiq: r J. UJI/J,fO-.; ir (HE " if ,',?~/C:l _, ,/ ii"~ r 16 ['AI I, . So FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 13, 2009 To: County Attorney's Office Attention: Jeff Klatzkow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5194 "Collier County Right-of-Ways and Medians Mowing and Maintenance Annual Contract" Contractor: Big Tree, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on March 24, 2009; Agenda Item 16.B.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: 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: Liz De Leon, ATM '1/16/9 \~~ . ~W~Ss~ J TO: FROM: DATE: RE: 1686 MEMORANDUM Ray Carter Risk Management Department Rhonda Cummings, F~CCN cpp. B, Contra tfpecial~J Purchasing Departmen ,. . r / ~ April 13, 2009 Review of Insurance for Contract: #09-5194 "Collier County of-Ways and Medians Mowing and Maintenance Annual Contract" Contractor: Big Tree, Inc. This Contract was approved by the BCC on March 24, 2009; Agenda Item 16.B.6 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC C: Liz De Leon, ATM OATE RECEIVED APR 1 4 2009 RISK N~// If!~/{/'r Entity Name: RLS# CHECKLIST FOR REVIEWING CONTRACTS E/~,-;;t?r; il-1-. 1686 Entity name correct on contract? Entity registered with FL Sec. of State? '/yes ;'::7Yes No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? . _ If. /' Commercial General Liability l4!f-I+><hul,. (\ . , I I General Aggregate Required $~:i\~ Provided $~'L~_~ Products/Compl/Op Required $ --'-.'-"'-~ Provided $ ! I ",'-L .._ Personal & Advert Required $ '7 ,vl'~, Provided $J.Jltil ' Each Occurrence Required $ _2..;" of Provided $ .i!"c:.:t__ __ Fire/Prop Damage Required $ Provided $_._.___~ ./Automobile Liability c., ;,dl( i~W--r, Bodily Inj & Prop Required $ 2~vd. Provided $ /1>cJ___ Worker.'l Compen.'lation ft;Tfr7U;oll-v 1:--( [U.l rs V : Each accident!ft-, Required $./;;1,/ Provided $ / IA'~ Disease Aggregate Required $ _ Provided $ Disease Each Empl Required $___ Provided $ ____~ Umbrella Liability Each Occurrence Aggregate Provided $ ) !Hi f Does Umbrella sufficiently cover any underi7J.red portion? Professional Liability , ( 1/1 Each Occurrence Required $-J~ IL Provided $___~ Per AggregateR~u!red $--'-_:_____ ProVided $__ Other Insurance - II Each Occur Type:___ rT Required $__ Provided $ -4es v Yes Yes _LYes No No ----v'No No Exp. Date. 2-/,0 Exp. Date _21L~ Exp. Date __ ~I ilJ Exp. Date ___.!if U Exp. Date_ Exp Date z/n --~,..- /. c? Exp Date I 1." r Exp Date Exp Date Provided $ 2 nv,J) Exp Date _______ Exp Date _______. Yes No Exp. Date Exp. Date Exp Date County required to be named as additional insured? County named as additional insured? Ves ~/ Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? V Ves Ves No """"'--'No Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? J+ Yes No Ves Ves No No 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? Yes Ves Yes Yes No No No No Yes Yes Ves No No No Attachments Are all required attachments included? Yes No Rt:vit:wcr Initials: *1u{J Date" 4"'-1!.<~;;V 04.COA-OI030/222 www.sunbiz.org - Department of State Home Contact Us E-Filing Services Preyious 9" List 1686 Page 1 of2 Document Searches Forms Help Ev~nt~ No Name History tfext p"- List R~turn 10 List Detail by Entity Name Florida Profit Corporation BIG TREE, INC. Filing Information Document Number P96000104288 FEI/EIN Number 650728828 Date Filed 12/23/1996 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/28/2001 Event Effective Date NONE Principal Address 5175 COUNTRY LAKES FT MYERS FL 33905 US Changed 03/01/1999 Mailing Address 5175 COUNTRY LAKES FT MYERS FL 33905 US Changed 03/01/1999 Registered Agent Name & Address BOCK. KIT 5175 COUNTRY LAKES DRIVE FT MYERS FL 33905 Name Changed: 03/01/1999 Address Changed: 03/01/1999 Officer/Director Detail Name & Address Title DPS BOECK, KIT M 8450 AQUA COVE LN NORTH FT MYERS FL 33903 Title P BOCK. KIT 5175 COUNTRY LAKES DRIVE FT MYERS FL 33905 IEntity Name Search Submit I http://www.sunbiz.org/scripts/cordct.exc?action=DETFI L&in~ doc number=P96000 1 0428... 4/1/2009 www.sunbiz.org - Department of State Page 2 of2 Title D BOCK, KRISTEN 5175 COUNTRY LAKES DRIVE FT MYERS FL 33905 1686 I Annual Reports Report Year Filed Date 2006 04/27/2006 2007 04/25/2007 2008 04/24/2008 Document Images 04L24/20Qscc ANNLJALREPORJ Q4/25/20Jll -- .6NNLJ&.REf'QRT 04/27/2006-. ANNLJAL PEf'ORT Q4!J:)!20Q!L" AN.NUAU,.I;:PQPT 04/27/2004,-6.N1'JUIl,LRI;:f'QRT 04/17/2003 -- ANNLJAL REPORT 04/1Q/2002 ,- ANNLJAL REPORT 04/24/2001-,ANNLJAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 0.3/28/2001 -- Amendment 05/05/2000 =ANNUAL REPORT 03/01/1999 -- ANNUAL REPORT 02/04/1998 -- ANNUAL REPORT 02/27L1997 =.t\NNUAL B.El'ORJ 12/23/1996.- DOCUMENTS PRIOR TO 1997 12/23/1996 -,_Domestic Profit Articles f Note: This is not official record. See documents if question or conflict. [ ereviQJLli_on List Nl!xtoll_bist RI!1JJrnJo Li!;l Events No Name History !Entity Name Search Submit I , Home I Contact us I DoclIment Searches I [-Filing Services I forms I Help I Copyright ,md Privacy Policies Copyright @ 2007 Slate of Florida, Department of State. http://www.sun biz.org/scripts/cordet.exe?action=D ETF1L&inq doc number= P96000 I 0428... 4/1/2009 A G R E E MEN T 09-5194 1686 ~ for Collier County Ri~ht-of-Ways and Medians Mowin~ and Maintenance Annual Contract THIS AGREEMENT is made and entered into this 24th day of March, 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 Big Tree, Inc., authorized to do business in the State of Florida, whose business address is 5175 Country Lakes Drive, Fort Myers, Florida 33905 (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 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 three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Collier County Right-of-Ways and Medians Mowing and Maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5194 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 maid 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 knows as Page -1- 1686 the "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Purchasing Director and if approved by using Department (could be contingent on funding) must be based upon South Urban Consumer Price Index (CPI) based on the previous twelve (12) months. Any upward price adjustment approved by the County shall impose upon the Contractor the requirement to advise and extend credit to the County when costs similarly decrease. Surcharges, if applicable, 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: Big Tree, Inc. 5175 County Lakes Drive Fort Myers, FL 33905 239-694-9700 Telephone 239-694-1755 Fax Attention: Kit Bock, 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, FL 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- 16B6 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 $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 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) Page -3- 1686 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. 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. 13. 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". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make Page -4- 1686 payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. 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. 17. 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 Page -5- 1686 Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 Page -6- 1686 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. 23. 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. 24. 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. 8. 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. 25. 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Page -7- 1686 If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "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. 27. 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. Page -8- 1686 The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 29. 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. 09-5194, 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. 30. 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. 31. 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. 32. 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. 33. MMIGRATION 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. 34. 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 Page -9- 1686 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. 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. c c c c c c c c c c c c c c c c Page -10- 1686 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: Dw;9~ of Coo", By: .' '." , .'. . '~-.- .,: -, ": '~", (<0) . Dated? A: ." , 't. ...~. .,!~~ .'""n.1i~,."". . .t8JI~.".'t.,~., - '~;-1. .'ij. ,j','..,\" BOARD OF COUNTY COMMISSIONERS COLLIER C9jJNTY, FLORIDA ! ( / I - ,~~. cd~ By: Donna Fiala, Chairman " fL- ~wJ First Wi ness 8/1"-..'1. &wd- Type/Print Witness Name fa.-().- ( l-J../fr Second Witnes ~(r,~ \~rl~ Type/Print Witness N e Big Tree, Inc. Contractor )-/j{j) ('\ By: .),,,.,.~ Y Signature Kif ~Jz_ Typed Signature {10$lJ1J':t Title Approved to for legal suffici n C Item # .lLi~ (p Agenda ~ -")4....ra Dale :J. _v, ~~~d Lf-'2f>-pq Page -11- EXHIBIT A PUBLIC PAYMENT BOND 16B6 Bond No. Contract No. 09-5194 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: 16B6 PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as corporation, of 20_, by _ of on behalf of the corporation. He/she is personally as identification and did (did ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -13- 1686 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- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16B6 Bond No. Contract No. 09-5194 WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for 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- 1686 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: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 1686 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 16B6 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 20_ 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 , 20_, by day of of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the corporation. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -18- 1686 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: Bid No 09-5194 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) 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 App[ications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Desig n Professional: (DP's Name) (Signature) DATE: (Type Name & Tit[e) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLlCAT[ON is approved: By OWNER'S Project Manager: Page -19- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 1686 CHANGE ORDER NO. CONTRACT NO. 09-5194 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 By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: CONTRACTOR: DESIGN PROFESSIONAL: By: Page -20- EXHIBIT E 1686 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- 1686 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- 1686 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- 1686 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 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,20_ OWNER By: Type Name and Title Page -24- 1686 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 andlor repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -25- 04/13/2009 11: 09 2395941755 BIG TREE 16 et3 02 AG...080. CERTIFICATE OF LIABILITY INSURANCE OPIDM..9 T ""'t1IjM~ :aXGTR-l 03/30/09 ..""""~~ ntlS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONF=ERS NO RlGHTS UPON THI; CERTIFICAfE l.iykea Inl'l1,.l::r;~~ft. Xu!;:. dba ,,'0 HOLDER. THIS CERTlflCAl'E DOES NOT AMJ:;NO, EXTEND OR P.O. nQX 60043 Al TSR THE COVERAGE AFFORoeo BY THE POLICIES BELOW. Por~ Hy~~~ FL ~"O6"6043 phone~ 7)9-931-5600 'OX' 23;l~~:H-56Q4 INSURERS AFFORDING COVERAGE NAIC# / -- -. - '0170 -'" / ,Id!I<nIl1!(lo ~,- lI'CCI: I~sv.X'!lln~<II Compaoy ,,,,,,,,...mD' Fed~~al l:ttsurancg Com~any 20281 ~ Dig Tr'!!l.. Inc:. .. '~DU"~C:: .. -.- S~75 Count~ L~kftS o~lVQ ~; FQx~ ~r~ ~ 33905 -. IN~unD"": TM"~<>V"'~" O~ "':II.J,,~..e~ lll\TI'I'J Rl'"LO\/fI1^~ D~l!N ,:0.51(11;11 ToT~ 11I1\{I1l"1l W~",,,,,^,,,,",,,"OII 'N~POU"""":"''''~lN~Ull, Hmwm1/11'^~o,Nn ""''f''''''''''~~_', ""'''' oil (:!:lfolOlT..... 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CERTIFICATE OF LIABILITY INSURANCE op ro GP I DATl!(MMl)pfYYYYJ lnOART-1 03/31/09 ""DUUll'" THIS CERTIFICATE IS IS$UEO AS" MATn!R OF INFORIllf',T1OfI ON~ Y AND CO~FER$ ~O RIGHTS UPON THE CERflFtCATf Riel; M.aJ1agemll!!mt: J:DJJ.uranca HOl.DI'R. "l'H1S CERTIFICATE DOl'8 _ AMEND, EltTEND OR P.O. Box 6187 ALTER nlE COVEMGE AFFORDED BY'THE PO~ICIES aaow. Porb ~ra rL 33911-~1B7 Phane,239-278-3939 'PoI8URI!RS AFFORDIPoIO COIIORI>GE rwca -- Il3lJlj( INI!WRED N$URE;R ~: ~~".~~ IHSIJRER a~ .,"- ~marb l?ayro1a Solutions ~c. IfOJRER c: '" - 273~ ~enwoo L~ BTE 4 INSU~~ 0: Port: IIIY.."D l!'L 339 7 -- ~EA:!:!: THE POlICIES Of INSURANce USTED BElOW HAVE 6E,EN. ~UEOTO THI! INSURED ~o...OOVI! '"OR THe POLICY ~D INQfCATEO. !\OTlNl1')-I!rrANJIHO "'~ REOUREMeI'lT. T~O~ CONDITlONOF ANY CONTMCT OR oTHER OOCU~NTWITH RE$!"ECTTO WHICH THIS CER'I'IFIC.&.TE M/4.Y eE W;U!;D OR LtAV PERTAlJl(. TI-IG lNSURAM:e ,lFp:'oRCED6YrnE F'(1ICIES D~~laetl HeREIN IS SUBJecT TO AU. THe teRMS. 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R~ . . ~R'QC~l1ONAHD X h8,\'Y'L1~1~1 IU~'" .1'\ ...."'LOYEftS' LJ.ARI..ITY NN PROPRIETOA'PA'RTNERJEXECU~ ~pB0189000001-108 12/31/08 12/31J09 !;--L. ~ ACCIDENT .1000000 ) OfFIci:RJMEMeeR EXCWor;D'I' ~L DJSEA$l!; . M EMPlOYEE '1000000 ~~:..~tv~~bIlIQw J:;,L. (MSEASE ~P()L1CYllIIMT .1000000 ..--.- QYHiR C1UC"II"TIO" (If ~Tl0NS IlOCATlOII8 I 'l/l!H1eLES/ElCCt.U!lIl;J'B ADDED'BY 9lOOAilmM!MT I.sPl!CI,I,L P'RQ\II$IONS ~~raqe app11e8 tQ Quly those ~plCY8@8 leased to b~t not aUbcont~&ctors or Big Tree, Inc. A WU VOl%' of Subrogation applies to the workers compens~tiOft in favo~ ot co11ier CQunty Boar~ of cQ~ey commissioners per the ~ttached WCOOO~13~ ICA Cl!r{Ilf' TE HOLDER COVEMGl!S Co11iQ~ county Board of Co'.m:~.y C!ommiAAion@%"g La.nc1sc.plB Department: 288S Horseshoe Drive, South ltap1eell PI. 341.04 CAIICELLATION COLLIn SHOULI) Id(V t;)FTHI!.A80VIi OfSSCREE) POUCIE!> B," c.ANeEu.1l:D"~ TtiE: ~RA.TION O,,",n: nlEfIll!OfI, THI!J.II:fAjtNQlNa:I)I'U=RWlLLI"'~von"OMML 30- P.-,VS.......ITTI"'H. NOTle.. ttJTH~ C~TlRCA.n:;:HOtorn HAMIO 10 THIi Uin.l!!IUT ~AILUReTO UO 90 SHALt. IUPO~ NO OQLIOATIOH OR UMIUTV (IF 1M'{ l<N) UPON! THE rN3.UlOlER, ITtlI AGIt:ftlS OR I!I"fATM;$_ ESeNTII.TrYE ~ACORO CORPORA11ON 1988 ACORO 2S [20011091 04/13/2009 11:09 23%941755 BIG TREE p160B 6 Ji:NDORSEMENT Date Prepared, Name of Group: Name of Member: 3/30/2009 FEIN: 650728828 Guarantee Insurance Company Smart Payroll Solutions LLC L/C/F Big Tree, Inc. Address: S~75 Country Lakes Dr. Fort Myers, FL 33905 File Number: Carrier :Policy policy period: 189000000001108 #: OPEOIB9000001-~08 12/31/2008 - 12/31/2009 Effective DAte: 3/27/2009 Carrier #: 20850 INtENT OF ENDORSEMENT (INDJ:CAT!l: ONLY on ACTION PIl:Il. ENDol<SEHl'lNTl ( X ) ADDITION TO WAIVER OF SUBROGATION SCHEDUI.E INSTRUCTIONS: For changeg, indic~te below the name Qr address prior to endorsement. Each item 0:0. the left [[lUst oorre.spond with an item on the right. Indicate below th~ new name or address after ch~ng~ or the name and address of an addition O~ deletion. For deletione give disposition. ' 00004 CQl~L~r County Eo~~6 ot CDunty Comm.:S.lIIll1ione:re ~~plea. YL )410~ Aq'ent: ReQUelito:r:: 773 Riek M~nagement Ineuranee PC:ONZAOl STATE INsUR..ED F'lLE AGEN1'~ r.c 04/13/2009 11:09 23%941755 BIG TREE RAGE 07 1686 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We. have the right to:recovcr our p.aytn.!!:ot!; from artyon13liablc for 3n injury covered by this policy. W~ will not enfot'cc one right against the person or organization named in the Schedule.(Thi5 agreement El.pplies only to the r.:nent that you perform wort.1mdc::r a written contract thBt ro:j,uires you tQ obtain this agreement from us.) This agreement I!Ihall nut operate directly or indirectly t'(I benefit any one ~ot named in the Schedule. Sohodule Collier County Board <>r County Commissioners Naple.. FL 34102 Thig enMrm.I'I$II.t Chm:!gC5 the ~Qlicy ta whicl1 it -i~ llUlI<:hed tWd 15 eft'c:Q1i.~ M 1hrl dam jllmed unlcslt othcrwwC" stated. (Thl!: infot1l"lll.tW/ll:,efow il mqnir~d only when: this oeflIiorsemcn.t Is 1.!Isw:d ..tI,b~l!KJlJe[Jt to pfCparatiQIl of the pDlicy) EndOJKm/::nt E.ffi;,;th!~; 3r2?1200g Policy No.: 189000000001108- Otrri~ ;Pdq NQ_: OPEOltl.?OQOOO1-10R ElIdo~tllt No.: 44 Cam!!rNO,: 20850 Prtlmium: $S27,:.ns.oo Im:Ut'Od:: Smtn r.ftYl.'OlI SolutioJi' LtC LJCIF Big Tree. Inc. 'n-~rllnCO$ ComJlI1:lW: GtlUItll:ltee InL'l.tln!I~c Company WC800313 (Ed.4IIl4) CQun~;gned by Copyright 1983 Nlltional COUl'leil 0;0, C"tnp"'rltl/lti(lt1 ,tntuttrm:c. tI.;.kU_V-IU('~) p.,.;-.na;M......,...,~oot <'1J01"I.z;,..<,(l1 1686 MEMORANDUM Date: June 1, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5194: "Collier County Right-or-Ways and Medians Mowing and Maintenance Annual Contract" Contractor: Vila & Son, Corp. Enclosed please find an original contract, referenced above (Agenda Item #16B6), approved by the Board of County Commissioners on Tuesday, March 24, 2009. The second original will be held for the Board's record in the Minutes and Records Department. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure (1) 1686 ITEM NO~: F(E NO.: \ ROUTED TO: '''.. f""C4 _Dn(,_ O'!~~.'\ ,,;-r.,Ht.," \..,.or l T I'-- {'<7Iu...<\/ ' ~. '-,h $ \ \.~OUNl\' r.. :\I\\d. "'Ii 29 ~n \0: 43 '1 n r, Q ~\.\ L t..'<.i j ; DATE RECEIVED: REQUEST FOR LEGAL SERVICES '-..~.l DO NOT WRITE ABOVE THIS LINE ':';. Date: April 14, 2009 To: County Attorney's Office Attention: Jeff Klatzkow /o~ From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 This Contract was approved by the BCC on March 24, 2009; Age Item 16.8.6 yl/:' ans)(J $f ~;; 17\~~L{ ~~I (;\1 )ll ~\~\(( if Re: Contract: #09-5194 "Collier County Right-of-Ways and Me Mowing and Maintenance Annual Contract" Contractor: Vila & Son Landscaping Corp. ~ BACKGROUND OF REQUEST: This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: 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: Liz De Leon, ATM RLS# O?- jJ~~- t?r;;z16lf6 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: (/ I L A Entity name correct on contract? Entity registered with FL Sec. of State? ItVD ~~N i-If-,ul2.SIPAfJ/l'J& L1C/~A Jyes ~Yes 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 $ -Z M. ( L- Products/Compl/Op Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ 2- MIL. Workers Compensation Each accident Required $ i "^- t L Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Y "^ t L Aggregate Provided $ l . Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Provided $ Provided $ Provided $ Provided $ Provided $ No No ..../ Yes ~Yes \,/""Yes ~Yes No _No No No 2. MIL Exp. Date L~! I ( 2010 Exp. Date , , Exp. Date '( Exp. Date ( ( Exp. Date I' II I lM..t L \ ( Jt:>P,t:$ C / Provided $--l--M-~ Provided $ 1 I Provided $ l I Exp Date t-I.(, I '-or {) Exp Date l+/ I l '2t1f V Exp Date I Exp Date ( ( Provided $ [I\A. I L Provided $ Provided $ 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: ~f S t>l \.t -rc t'IJ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Exp Date 4!r /2"lO Exp Date I I ( ~es No Exp. Date Exp. Date Provided $ Exp Date_ -'/Yes --1.L. Yes No No ~Yes Yes No -\..L No Yes No Attachments Are all required attachments included? Yes Yes No No ~Yes ~'Yes \/ Yes ~'>L-. Y es ./Yes ~Yes ----\..LY es No No No No No No No _~Yes No " .. RevIewer Inllials: ~ Date: .~2t1-t71 04-COA- ]030222 colli m - 16B6 From: Sent: To: Cc: Subject: colli_m Thursday, May 21, 2009 2:52 PM LynWood TeachScott 09-PRC-01201 - Vila and Son Landscaping Corp CaseSK: DatabaseName: IblNumAttach: Matter: MessageGUID: OriginalDate: Profile Name: Style: 18604 CPSQL o 09-P RC-O 120 1 {DFDB737F-7E46-4540-B31 A-CE79FD91 0703} None CPSQL 09-5194 Collier County Right-of-Ways and Medians Mowing... Lyn, Pursuant to our telephone conversation this afternoon, I am returning the entire contract package for the RLS referenced above. We will need a Resolution signed by one of the company's officers (as shown on the Corporations Online page), also the address on the contract is different from the one on the Corporations Online page. Lastly, the company name is written differently on the first page of the contract than it is on the signature page and the Corporations Online page. When the corrected copy comes back for review, feel free to use the same RLS number and we will reopen it. Thanks! R fV1"aJr R. e,IA" Advanced Certified Paralegal Civil Litigation County Attorney's Office (239) 252-8400 - Office (239) 252-6300 - Fax mariancolli@collieraov.net 1 16B6 -,/>,~ RESOULUTION OF BOARD OF DIRECTORS OF VILA & SON LA.NDSCAPThiG CORPORATON At a Special Meeting of the Board of Directors of ViI a & Son Landscaping Corporatio~ a Florida corporation, held on January 8th. 2008 at 8:00 am, the following persons were present, being all of the Directors and Officers of the corporation: Juan Carlos Vila, President; Ricardo Leal, Vice-President; Baudilio B. Vila, Vice President, Secretary & Treasurer. A quorum being present, the following resolution was unanimously adopted, and said resolution has not been amended, modified or rescinded: Resolved, that with respect to contracts and subcontracts between Vila & Son Landscaping Corporation and Ovvner's, General Contractors, and other organizations contracting with said corporation to perform landscaping & irrigation services, the following individuals are hereby authorized 10 execute, contracts, subcontracts, bonds, monthly requests for payment and all related releases of Hens and, in addition are further authorized to enter into Subcontractor's Change Orders with the appropriate parties: Brett Asllley Keith O'Neil Ariel Caballero Wade Chapman General Manager, West Palm Beach Branch General Manager, Orlando Branch General Manager, Miami Branch General Manager, Ft. Myers Branch There being no further business to come before the meeting, it is upon motion duly made, seconded, and unanimously carried, adjourned. IN WITNESS WHEREOF, I have signed this Resolution of January 2008. (Corporate Seal) AITE1~ iJ. ?/4 Secretary STATE OF FLORIDA COUNTY OF DADE On this 8th day of January, 2008 before me personally appeared ill RLOS VILA sworn, did depose and say that as the President of Vila & Son Landscapina 0 oration, the corporation described in and which executed the foregoing Resolution; th y ow the seal; that it was affixed to said instrument as such corporate seal; that it wa s x by order of the BoaqI of Directors9f said co oration and they signed their names to b like order. ~i YOflDANKARlVERO (Seal) MY COMMISSION t DO 276766 EXPIRES: January 3, 2003 Bcr.~ TIW Iiabrt PlltIJc U1Oe1'l;rltell 1686 MEMORANDUM TO: Ray Carter Risk Management Department FROM: /) Rhonda Cummings, F~C , ~B' olntra~ccialist Purchasing Departmen 1 '-- April 14, 2009 RE: Review of Insurance for Contract: #09-5194 "Collier Coun of-Ways and Medians Mowing and Maintenance Contract" DATE: Contractor: Vila & Son Landscaping Corp. This Contract was approved by the BCC on March 24, 2009; Agenda Item 16.B.6 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC DATE RECEIVED APR f 5 2009 RISK HAHA6fHW /J /7 / It~j/ ~p<W 5/r'7/U? C: Liz De Leon, ATM ".,_.~-'".,..'" ...".,<.......__.""'--"_.._---_.,"'..._".,."-.".,,,..~'-,-- mausen_g 1686 From: Sent: To: Cc: Subject: RaymondCarter Tuesday, May 19, 2009 2:21 PM CummingsRhonda; DeLeon Diana mausen_g Contract 09-5194 "Collier County Right-of-Ways and Medians Mowing and Maintenance Annual Contract" Rhonda, I have approved the revised Certificate of Insurance as provided by Vila & Son Landscaping Corp for the above mentioned contract. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help PJ~jous on Lisj Next on List Return To List IEntity Name Search No Events No Name History Detail by Entity Name Florida Profit Corporation VILA AND SON LANDSCAPING CORP. Filing Information Document Number G99097 FEI/EIN Number 592384066 Date Filed 02/29/1984 State FL Status ACTIVE Principal Address 20451 SW 216 STR MIAMI FL 33170 US Changed 03/17/1994 Mailing Address 20451 SW 216 STR MIAMI FL 33170 US Changed 05/03/1999 Registered Agent Name & Address VILA, JUAN C CEO 20451 SW 216 STREET MIAMI FL 33170 US Name Changed: 04/28/2008 Address Changed: 01/25/2005 Officer/Director Detail Name & Address TitleVP RIVERO, YORDANKA VP 1066 NW 16 ST HOMESTEAD FL 33030 Title CEO VILA, JUAN C CEO 18900 SW 232 NS ST MIAMI FL 33170 Title P LEAL, RICARDO P 6825 SW 59TH STREET http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=G99097 &in... 4/17/2009 www.sunbiz.org - Department of State MIAMI FL Title VP CABALLERO, ARIEL 1600 SW 99TH CT MIAMI FL 33165 Annual Reports Report Year Filed Date 2007 06/05/2007 2008 04/28/2008 2009 01/20/2009 Document Images 01/20/2009 -- ANNUAL REPORT 0_4/2~/2QQ8, --ANNl..JAL 8EPORT QB/Q;i!2QQi' --ANNlJAL REPORT 03/06/2006 --ANNUAL REPORT OjI251200;i~-:ANNUAL REPORT 08/05/2004 -- ANNUAL_REPORT 02/26/2003 -- ANNUAL REPORT 04111/2002:- ANNUAl_REPORT 04/04/2001 -- ANNUAL REPORT 04/25/2000 -- ANNUAL REPORT 05103/1999 u ANNUAL. REPORT 04/10/1998 -- ANNUAL REPORT 04/23/1997 -- ANNUAL. REPORT 04/01/1996 -- ANNUAL REPORT 01/19/1995 -- ANNUAL. REPORT Page 2 of2 16B6 Note: This is not official record. See documents if question or conflict. preyie>l.l$e>oJ_ist Next on List Retl.lrn Te> List No Name History IEntity Name Search Submit I No Events I Home I Contact us ! Document Searches ! [:,1'111119 Services I Forms I Help I C:opvnght: and Privacy Policies COPYright 200J State of' FlOrida, Department of' State, http://www . sunbiz. org/ scripts/ cordet.exe ?action= D ETFIL&inCL doc _ number=G99097 &in... 4/1 7/2009 A G R E E MEN T 09-5194 1686 for Collier County Riaht-of-Wavs and Medians Mowina and Maintenance Annual Contract THIS AGREEMENT is made and entered into this 24th day of March, 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 Vila and Son Landscaping Corporation authorized to do business in the State of Florida, whose principal business address is 20451 SW 216th Street, Miami, Florida 33170, and whose local address is 4175 Buckingham Road, Fort Myers, Florida 33905 (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 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 three (3) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Collier County Right-of-Ways and Medians Mowing and Maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5194 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 maid upon receipt of a proper invoice and upon approval by the Project Page -1- 1686 Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise knows as the "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Purchasing Director and if approved by using Department (could be contingent on funding) must be based upon South Urban Consumer Price Index (CPI) based on the previous twelve (12) months. Any upward price adjustment approved by the County shall impose upon the Contractor the requirement to advise and extend credit to the County when costs similarly decrease. Surcharges, if applicable, 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: Vila and Son Landscaping Corporation 4175 Buckingham Road Fort Myers, FL 33905 239-466-2700 Telephone 239-466-4700 Fax Attention: Wade Chapman, General Manager 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, FL 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- 16B6 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 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) Page -3- 1686 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. 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. 13. 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". 14. 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 Page -4- 16B6 payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. 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. 17. 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 Page -5- 16B6 Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 Page -6- 16B6 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. 23. 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. 24. 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. 25. 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Page -7- 16B6 If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "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. 27. 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. Page -8- 16B6 The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully ~ part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 09-5194, 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. 30. 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. 31. 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. 32. 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. 33. MMIGRATION 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. 34. 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 Page -9- 1686 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. 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- 16B6 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. By: l. BOARD OF COUNTY COMMISSIONERS COLLlEYlUNTY, FLO~DA_ /~.d~ By: , Donna Fiala, Chairman ATTEST: Dwight E. Bf~:;~CJ~~. Of Courts \'", " ^ Vila and Son Landscaping Corporation Contractor / 'cUefLl/)'V'- Y,h../) By: itness ~ "'-..=..- ~'~ Signature LL " ~rlt: /ILf LJ; II ( Cfln SVyl Type/Print Witness Name ",,- -......... ,; W A~ L. n . c:: ~,,"1 """",.. ..; Typed Signature ~ A.Z A:.~'" c... Title ~AICJ A4tC~ ~ I Type/Print Witness Name ~ A~:d as to ( and Ie I uffi~1nct I) 11 VI J~~l ~ j-i'b.ITLCounty Attorney btp~') Item # lliP"'-./1 ~~:da =3 -* Date 1-I_'7'N'1 Rec'd ~, Page -11- ~ 1686 ACORD~ CERTIFICATE OF LIABILITY INSURANCE Page I DATE (MMIDDIYYVY) ~ 1 of 3 05/19/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Florida. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville. TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# - _.-- INSURED Vila and Son Landscaping Corp INSURER A: United States Fire Insurance Company 21113-001 .-- 20451 SW 216 Street INSURER B: National Union Fire Insurance Company of 19445-005 Miami. FL 33170 ~.~~-----~~~_..._-~--_._- INSURER C: -_._---_.-_._----~ 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 ~~~I TYPE OF INSURANCE POLICY NUMBER b2Hf;(~~~~W{.'?~ 6ff~q~~~b~~ LIMITS LTR A X GENERAL LIABILITY 5417001009 4/1/2009 4/1/2010 EACH OCCURRENCE $ 1 000 000 - ~~~~~~~?E~~~~~nce) .x COMMERCIAL GENERAL LIABILITY $ 300.000 ---, [i] . CLAIMS MADE I X OCCUR ~Q..El5':' (Anyone person) __ $ 5.000 PERSONAL & ADV INJURY $ 1. o OjhOO 0__ - GENERAL AGGREGATE $ 2 000 000__ - - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS, COMP/OP AGG $ 2.000.000 --_.~-~~---~ I ~PRO' n POLICY X JECT' LOC A X ~TOMOBILE LIABILITY 1387301616 4/1/2009 4/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 .x ANY AUTO - ,------ .x ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - .x HIRED AUTOS BODILY INJURY $ .x NON,OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) iRAGE LIABILITY ~TO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN ~$ AUTO ONLY: AGG $ B ~ESS I UMBREL~ LIABILITY BE6564742 4/1/2009 4/1/2010 EACH OCCURRENCE $ 4 000.000 X OCCUR 0 CLAIMS MADE AGGREGATE $ 4 000 000 $ 8 DEDUCTIBLE $ I 10,001 X RETENTION $ $ A WORKERS COMPENSATION 4066803972 4/1/2009 4/1/2010 T WCSTATU-} 'OTH- AND EMPLOYERS' LIABILITY X TORY LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [E] E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? ' ..-.- (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1. 000.000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE, POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 4/10/2009 WITH ID: 12402155 Division/Location: Ft. Myers Branch Re: Santa Barbara Blvd. 09-5194 It'. i.. t'.hat ("nlli"'r Board nf' "'~~~~o..inn"'T''' i!:t ~~~,..A~A "'.. "'T'I, ll.rlrli+-~~nal CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. FL 34112 ACORD 25 (2009/01) Call: 2703586 Tp1: 909547 Cert: 12562384 @1988-2009ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD 16B6 Willis CERTIFICATE OF LIABILITY INSURANCE Page I DATE 2 of 3 05/19/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# ~ e------ INSURED Vila and Son Landscaping Corp INSURER A: Uni ted States Fire Insurance Company 21113-001 20451 SW 216 Street INSURER B: National Union Fire Insurance Company of 19445-005 Miami, FL 33170 --~-_.._~- INSURER C: INSURER 0: -~_._-~--~---~~_._._-_....__._- I INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insured as respects to General Liability and Automobile Liability, but solely in regards to work being perfor.med by or on behalf of the Named Insured when required by written contract or written agreement. It is further agreed that such insurance as is afforded shall be primary and non-contributory with any other insurance in force for or which may be purchased by the Additional Insureds. It is understood and agreed that the company waives its right of subrogation against Collier County Board of County Commissioners which may arise by reason of a payment of claim under the General Liability, Automobile Liability and Workers Compensation policies when required by written contract or written agreement. Coll:2703586 Tpl:909547 Cert:12562384 '16B6 Page 3 of 3 IMPORT ANT 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) Coll:2703586 Tpl:909547 Cert:12562384 Policy Number 5417001009 ~~,-",16 B 6 SCHEDULE OF FORMS AND ENDORSEMENTS UNITED STATES FIRE INSURANCE COMPANY Named Insured: Vila and Son Landscaping Corp Agent Name: WILLIS OF FLORIDA. MIAMI Effective Date: 4/1/2009 12:01 A.M., Standard Time Agent No. 83324 COMMON POLICY FORMS AND ENDORSEMENTS FM 206.0.6 FM 206.0.2 FM 206.0.11 FM 206.0.1 FM 206.0.3 IL 00 17 FM 206.0.8 FM 600.0.963 FM 206.0.204 IL 00 21 FM 108.0.816 04-94 04-94 09-07 04-94 04-94 11-98 04-94 04-94 07-93 07-02 11-01 COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS SIGNATURE PAGE - US FIRE SCHEDULE OF NAMED INSUREDS SCHEDULE OF LOCATIONS COMMON POLICY CONDITIONS SCHEDULE OF TAXES, SURCHARGES OR FEES PREMIUM PAYMENT SCHEDULE AMENDMENT OF CANCELLATION CONDITION NUCLEAR ENERGY LIABILITY EXCLUSION ENDT TO OUR FLORIDA POLICY HOLDERS GENERAL LIABILITY FORMS AND ENDORSEMENTS CG 22 94 CG 00 01 FM10101252 FM10101404 FM 206.0.5 CG 02 20 CG 04 35 .. CG 20 10 CG 20 34 CG 21 47 CG 21 55 CG 21 73 CG 22 43 CG 25 03 FM 206019 FM10101206 FM10101441 FM10101806 FM10101839 FM10101840 FM10101847 1+ FM10101848 FM10101903 FM10101916 FM10102086 FM10102167 FM6000955 CG 24 04 CG 21 39 FM 2.0.949 10-01 12-07 10-05 07-01 04-94 12-07 12-07 07-04 07-04 12-07 09-99 01-08 07-98 03-97 07-03 08-03 11-96 08-03 04-00 04-00 08-00 07-00 11-05 06-01 12-02 05-04 09-99 10 - 93 10-93 12-06 EXCLUSION-DMG TO WORK BY SUBCONTRACTORS COMMERCIAL GENERAL LIABILITY COV FORM ABSOLUTE ASBESTOS EXCLUSION COMM GL COV PART SUPP DECLARATION COMPOSITE RATING PLAN ENDORSEMENT SCHEDU FL CHANGES - CANCELLATION & NONRENEWAL EMPLOYEE BENEFITS LIABILITY COVERAGE ADDTL INSD - OWNERS, LESSEES OR ADDTL INSD LESSOR OF LEASED EQUI EMPLOYMENT-RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM EXCL-ENGINEERS, ARCH OR SURV (PROF LIAB) DESIGNATED CONSTRUCTION PROJECTS GENERAL COMPOSITE RATING PLAN ENDT GL ENHANCEMENT ENDT ARBITRATION ENDT - RETRO RATING PLANS GL ENHANCEMENT ENDORSEMENT SUPP SCHEDULE SUBSIDENCE I EARTH MOVEMENT I PRESSURE EXCL CGL EIFS I DEFS EXCLUSION ECOMLIABILITY ADDL INSD - BY WRITTEN CONTRACT EXCLUSION - CONSTRUCTION DEFECTS MOLD EXCLUSION CONSTRUCTION RELATED PRODUCTS AMENDATORY ABSOLUTE SILICA EXCLUSION LEAD EXCL ENDT WAIV OF TRNSFR RHTS OF REC AG OTH TO US CONTRACTUAL LIABILITY LIMITATION FLORIDA HURRICANE CATASTROPHE FUND sic FM 206.0.2 0494 1686 Named Insured: Vila and Son Landscaping Corp COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 Policy Number: 541 7001009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Collier County Board of County Commissioners Santa Barbara Blvd. 09-5194 A.s per written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 070 4 @ ISO Properties, Inc. 2004 Page 1 of 1 1686 VIII. MOBILE EQUIPMENT The following is added under SECTION V - DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. IX. ADDITIONAL INSUREDS BY WRITTEN CONTRACT SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured to this policy by a written contract or written agreement that is: (1) currently in effect or becoming effective during the term of this policy; and (2) executed prior to the "bodily injury", "property damage" or "personal and advertising injury". A. The Insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a) premises you own, rent, lease, or occupy or (b) your ongoing operations performed for the additional insured at the job indicated by written contract or written agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy whichever are less. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. B. If the additional insured is an architect, engineer, or surveyor, the insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" caused by the rendering of or failure to render any professional services including: 1. preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and supervisory, inspection, or engineering services. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, under 4. Other Insurance, is amended as follows: Includes copyrighted material of Insurance Services Office, Inc., with its permission. FM 101.0.12060803 Page 4 of 8 1686 The following is added to item a.: Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary. D. With respect to the insurance afforded these additional insureds, following additional exclusion applies: This insurance does not apply to: 1. "Bodily injury" or "property damage" occurring after: (a) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. X. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any state or political subdivision which as issued a permit to you. 1. This applies only with respect to operations performed by you or on your behalf for which the state or political subdivision which as issued a permit to you. 2. This insurance does not apply to: a. "Bodily injury", Property Damage", or "Personal and Advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "Property Damage" included within the "Products-Completed Operations Hazard". XI. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS The following is added under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: Includes copyrighted material of Insurance Services Office, Inc., with its permission. FM 101.0.12060803 Page 5 of 8 1686 # 541 7001009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS BY WRITTEN CONTRACT - INCLUDING COVERAGE FOR COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART AND THE GENERAL LIABILITY ENHANCEMENT ENDORSEMENT Item XIII. ADDITIONAL INSUREDS BY WRITTEN CONTRACT in General Liability Enhancement Endorsement is replaced by the following: Section II - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. currently in effect or becoming effective during the term of this policy; and 2. executed prior to the "bodily injury", "property damage", "personal and advertising injury". A. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your acts or omissions at or from a. premises you own, rent, lease or occupy; or b. work performed for the additional insured at the job indicated by written contract or written agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. B. If the additional insured is an architect, engineer, or surveyor, the insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury and advertising injury" caused by the rendering of or failure to render any professional services including: 1. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. supervisory, inspection, or engineering services. C. Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, under 4. Other Insurance, is amended as follows: The following is added to item a.: Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary. FM 101.0.18480700 Policy Number 1387301616 Named Insured: 1u B 6 SCHEDULE OF FORMS AND ENDORSEMENTS UNITED STATES FIRE INSURANCE COMPANY Agent Name: WILLIS OF FLORIDA. MIAMI Effective Date: 4/1/2009 12:01 A.M., Standard Time Agent No. 83324 COMMON POLICY FORMS AND ENDORSEMENTS FM 206.0.6 04-94 COMMON POLICY DECLARATION FM 206.0.2 04-94 SCHEDULE OF FORMS AND ENDORSEMENTS FM 206.0.11 09-07 SIGNATURE PAGE - US FIRE FM 206.0.1 04-94 SCHEDULE OF NAMED INSUREDS IL 00 17 11-98 COMMON POLICY CONDITIONS FM 206.0.8 04-94 SCHEDULE OF TAXES, SURCHARGES OR FEES FM 600.0.963 04-94 PREMIUM PAYMENT SCHEDULE IL 00 21 07-02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT FM 108.0.816 11-01 TO OUR FLORIDA POLICY HOLDERS AUTOMOBILE FORMS AND ENDORSEMENTS CA 20 01 FM 206.0.19 FM 114. 0 . 1116 FM 114.0 . 1116A CA 00 01 FM 101. 0 .1544 FM 206.0.5 CA 01 28 CA 02 67 CA 21 72 FM 114.0.1254 CA 22 10 CA 20 56 CA 99 03 CA 99 16 CA 99 23 CA 99 33 CA 99 44 CA 99 54 ~FM 114.0.1263 FMl14.0.1269 FM2.0.852 FM 114.0.1041 FM 2.0.949 CA 99 10 03-06 07-03 04-06 04-06 03-06 02-02 04-94 02-03 07-07 03-06 06-03 07-04 02-99 03-06 12-93 12-93 02-99 12-93 07-97 02-02 04-02 12-03 01-89 12-06 09-02 ADDL INSD - LESSOR COMPOSITE RATING PLAN ENDORSEMENT BUSINESS AUTO POLICY - DEC BUSINESS AUTO DECLARATIONS (CONTINUED) BUSINESS AUTO COVERAGE FORM RISK RETENTION AGGREGATE LIMIT ENDT MANUSCRIPT ENDORSEMENT FLORIDA CHANGES FL CHANGES - CANCELLATION AND NONRENEWAL FL UNINSURED MOTORISTS COV - NON STACKED COVERAGE SYMBOL ENDORSEMENT FL PERSONAL INJURY PROTECTION FELLOW EMPLOYEE COV FOR DESIG EMPLOYEES AUTO MEDICAL PAYMENTS COVERAGE HIRED AUTO SPECIFIED AS COV AUTO YOU OWN RENTAL REIMBURSEMENT COVERAGE EMPLOYEES AS INSUREDS LOSS PAYABLE CLAUSE COVERED AUTO DESIGNATION SYMBOL COMMERCIAL AUTO BROAD FORM ENDORSEMENT FL-DED INSURANCE DAMAGE & DEF COMBINED REJECTION/ELECTION OF UM COVERAGE NOTICE TO FLORIDA AUTO P/H WITH P.I.P. FLORIDA HURRICANE CATASTROPHE DRIVE OTHER CAR COVERAGE FM 206.0.2 04 94 ;.,j Vila & Son Pol. No. 138730161 6 (See Page 3 of 5 for Additional Insured Wording) 16B6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Broadened Insured Status The following are added as Named Insureds to this policy: 1. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form. However, the insurance afforded by this provision A.1. does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits on insurance. 2. Any organization you newly acquire or form, and over which you maintain majority interest. The insurance afforded by this provision A.2.: (a) Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. (b) Does not apply to "bodily injury" pr "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. (c) Does not include any newly acquired or formed organization that is: i. A joint venture or partnership; or ii. An insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. B. Coverage Extensions - Supplementary Payments Supplemental Payments a.(2.) and a.(4.) in Coverage Extensions (Section II) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased to $3,000; and 2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day. FM 114.0.1263 (2/02) Page 1 of 5 1686 C. Duties in the Event Of An Accident, Claim, Suit, Or Loss 1. Your obligation in Loss Condition 2.a. (Section IV) relative to notification requirements applies only when the "accident" or "loss" is known to: a. You, if the named "Insured" is an individual; b. A partner, if the named "insured" is a partnership; c. A member, if the named "insured" is a joint venture or limited liability company; or d. An executive officer or insurance manager, if the named "insured" is an organization other than a partnership, joint venture or limited liability company. 2. Your obligation in Loss Condition 2.b (Section IV) relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if the named "insured" is an individual; b. A partner, if the named "insured" is a partnership; c. A member, if the named "insured" is a joint venture or limited liability company; or d. An executive officer or insurance manager, if the named "insured" is an organization other than a partnership, joint venture or limited liability company. D. Unintentional Failure To Disclose Hazards If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. E. Coverage Territory - Short Term Hired Commercial "Autos" The following is added to the General Condition 7, Policy Period, Coverage Territory (Section IV): f. Anywhere in the world if: (1) A covered "auto" of the commercial van, pick-up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We will cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. FM 114.0.1263 (2/02) Page 2 of 5 1686 F. Mental Anguish Resulting From "Bodily Injury" The definition of "bodily injury" in Section V. - Definitions is replaced by the following: "Bodily injury" means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person. For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional illness or distress. G. Non-Owned Auto Waiver Of Subrogation We hereby waive any right of subrogation against any of your officers, directors, or "employees" which might arise by reason of any payment under the insurance afforded by this policy for the operation" maintenance, use, loading, or unloading of non-owned "autos". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee". H. Blanket Waiver of Subrogation When Required Under Written Contract The following is added to Section IV - Business Auto Conditions, A.5. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have against a person, organization or government entity when you have waived such right of recovery under a written "insured contract" provided such written "insured contract" is: 1. currently in effect or becoming effective during the term of this policy; and 2. executed prior to the "accident" or "loss"; or 3. executed after the "accident" or "loss" if: a. the terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss"; and b. you can definitively establish that the terms and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". I. Blanket Additional Insured When Required Under Written Contract Who Is An Insured (Section II - Liability Coverage, Paragraph A.1) is amended to add: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional "insured" in order to comply with the terms of a written "insured contract" or written agreement. This Additional Insured status is not conferred when such "insured contract" or written agreement": 1. involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or FM 114.0.1263 (2/02) Page 3 of 5 1686 2. is executed after the date of "accident" or "loss"; Paragraph d.2. above does not apply if: a. the terms and conditions of the written "insured contract" or written agreement had been agreed upon prior to the "accident" or "loss"; and b. you can definitively establish that the terms and conditions of the written "insured contract" or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". J. Physical Damage - Glass Breakage If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage extension J. applies to that covered "auto": The following paragraph is added to A.3., Glass Breakage (Section III): Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless a lower deductible is shown on the declarations page for this coverage. K. Physical Damage. Increased Temporary Transportation Expense, Including Coverage for Commercial Vehicles If you carry Comprehensive coverage for the damaged covered "auto", then this coverage extension K.1. and K.2. applies if the "loss" results from a Comprehensive "loss", even if the covered "auto" is not of the private passenger type. If you carry Collison coverage for the damaged covered "auto", then coverage extension K.2. applies if the "loss" results from a Collision "loss", even if the covered "auto" is not of the private passenger type. 1. Paragraph A.4.a, Coverage Extension (Section III) is revised, with respect to temporary transportation expenses incurred by the named "insured", to provide a per day limit of $50 per day subject to a maximum limit of $1,500. In addition, the waiting period is hereby reduced so that coverage will begin 24 hours after the theft. No deductibles shall apply to this coverage. 2. We will pay for necessary and actual additional transportation expenses, including rental reimbursement, incurred by the named "insured" due to "loss", other than theft, to a covered "auto" which is: a. identified or described in the Declarations or Schedule; and b. carries physical damage coverage for the "loss" under this policy. This coverage shall be provided without deductible and is limited to $50 per day subject to a maximum limit of $1,500. This coverage does not apply while there are spare or reserve "autos" available to the named "insured". We will only pay for those additional transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier. FM 114.0.1263 (2/02) Page 4 of 5 1686 L. Multiple Deductible Protection If you carry Comprehensive and Collision coverages for the damaged covered "autos", then this coverage extension L. applies to those covered "autos". The following is added to Paragraph D. Deductible under Section III - Physical Damage Coverage: Whenever a covered "auto" and trailer are each damaged in the same "loss" while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply. If another policy or coverage form issued by us, that is not an automobile policy or coverage form, applies to the same "loss" or "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Extra Expenses - Stolen Vehicles The following is added under Paragraph A.4.a. Coverage Extensions of Section III - Physical Damage Coverage: We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to the named insured if such covered "auto" carries Comprehensive coverage. N. Extended Towing Coverage If the named insured carries Comprehensive and Collision Coverage for the damaged covered commercial "auto", then this coverage extension N. applies to that covered "auto". If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage. the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension N. to apply. We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of "autos", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. o. Airbag Coverage If the named "insured" carries Comprehensive and Collision Coverage for the damaged covered "auto", then this coverage extension O. applies to that covered "auto". The following is added to subparagraph 3.a. under Paragraph B. Exclusions (Section III - Physical Damage Coverage): The accidental discharge of an airbag shall not be considered mechanical breakdown and therefore shall not be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty specifically designed to provide this coverage. FM 114.0.1263 (2/02) Page 5 of 5 Policy Number 4066803972 16B6 SCHEDULE OF FORMS AND ENDORSEMENTS UNITED STATES FIRE INSURANCE COMPANY Named Insured: Agent Name: WILLIS OF FLORIDA - MIAMI Effective Date: 4/1/2009 12:01 A.M., Standard Time Agent No. 83324 WC 00 00 00 A FM 206.0.11 WC 00 00 01 C FM 206.0.1 FM 206.0.2 FM 600.0.963 WC 174 FM 110.0.619 FM 101.0.1441 FM 101.0.1544 FM 206.0.204 WC 00 03 03 B WC 00 03 03 C WC 00 03 10 ..WC 00 03 13 WC 00 04 14 WC 09 03 03 WC 09 04 03 WC 09 06 06 WC 34 03 01 B WC 49 03 01 WC 99 03 02 FM 111.0.754 WC 09 04 03A WORKERS COMPENSATION FORMS AND ENDORSEMENTS INSURANCE POLICY US FIRE INSURANCE COMPANY SIGNATURE PAGE INFORMATION PAGE - PAGE 1 SCHEDULE OF NAME INSUREDS SCHEDULE OF FORMS AND ENDORSEMENTS PREMIUM PAYMENT SCHEDULE WC AND EMPL LIAB EXTENSION OF INFO PAGE WC FOREIGN VOLUNTARY COMP & EL COV ENDT ARBITRATION ENDORSEMENT RISK RETENTION AGGREGATE LIMIT AMENDMENT OF CANCELLATION CONDITION EMPLOYERS LIABILITY COVERAGE ENDT EMPLOYERS LIABILITY COVERAGE ENDT SOLE PROPRIETORS, PARTNERS, OFFICERS END WAIVER OF OUR RIGHT TO RECOVER NOTIFICATION OF CHANGE IN OWNERSHIP ENDT FL EMPLOYERS LIAB COV ENDT FL CONTRACTING PREMIUM ADJUSTMENT ENDT FL EMPLOYMENT & WAGE INFO RELEASE ENDT OH EMPLOYERS LIABILITY COVERAGE ENDT WY AMENDATORY ENDT FL DEDUCTIBLE ENDORSEMENT POLICYHOLDER DISCLOSURE NOTICE FLORIDA TERRORISM RISK INSURANCE 09-07 07-97 04-94 04-94 04-94 04-84 07-87 11-96 02-02 07-93 08-05 07-03 01-08 01-08 FM 206.0.2 0494 1686 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement effective 12:01 AM 04/01/2009 forms a part of Policy No 4066803972 Issued to Vila and Son Landscaping Corp. By United States Fire Insurance Company Premium Included We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Collier County Board of County Commissioners As per written contract or agreement CWoI$rslgrmd by t4...Jto2t. ~ Al.Ah~.~ This form is not applicable in California, New Jersey, or Texas. WC 00 03 13 (Ed. 4/84) Copyright 1988 National Council on Compensation Insurance