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HomeMy Public PortalAbout2015 Agreement Village Green Athletic Fields.tifResurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made by, and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Village"), and GREENSOURCE LANDSCAPE AND SPORTS TURF, INC., a Florida corporation, whose mailing address is 4800 S,W, 201s1 Terrace, Southwest Ranches, FL 33322 (hereinafter referred to as "Contractor"). WITNESSETH That Contractor and Village, for the considerations hereinafter named, the receipt and sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish at of the labor, materials, equipment, services and incidentals necessary to perform the totality of the obligations imposed upon the Contractor and all of the work for the Resurfacing Two Athletic Fields on Village Green with Natural Turf (the "Work" or "Project") in accordance with and as described in the Village's Solicitation and the Contractor's Proposal of the Contract Documents. ARTICLE 2 GENERAL CONDITIONS 2.1 The General Conditions for this Contract shall be those Contract Terms and Conditions set forth in the Solicitation for this contract (the "Solicitation"), Section 5. ARTICLE 3 SUPPLEMENTAL CONDITIONS 3.1 CONTRACT TIME 3.1.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Village Manager and providing a commencement date therein. The Notice to Proceed will not be issued until Contractor submits to Village all required documents, including permits(s), and offer execution of this Contract. 00500- I Resurfacing Two Athletic Fields on village Green with Natural Turf Village of Key Biscayne 3.1.2 Notwithstanding the provisions of the Solicitation, the Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed (sod installed) within forty-five (45) calendar days from the Commencement Date specified in the Notice to Proceed ("Substantial Completion"). Achievement of Substantial Completion requires acceptance by the Village that the Work is complete and in accordance with the Contract Documents so that the Village may occupy and use the Project for the purpose and use for which it was intended, and the permitting governmental authorities shall have issued final inspection and approval. The Work shall be fully completed (sod installed plus a fifty-five day grow -in period) in accordance with the Contract Documents within one hundred (100) calendar days from the Commencement Date specified in the Notice to Proceed ("Final Completion"), and on the date agreed to by Village when all Work has been completed in accordance with the Contract Documents, including the satisfaction of all requirements in Section 3.3 of this Contract for final payment. 3.1.3 Time is of the essence throughout this Contract and there will be monetary damage to the Village in the event that the Work is not completed within the time fixed for completion in this Contract. In as much as the actual damages for such delay of performance is impossible to exactly determine, Contractor agrees that it shall be liable for and shall pay Village liquidated damages for all delay damages as set forth herein. Notwithstanding the provisions of the Solicitation, upon failure of Contractor to achieve Substantial Completion of the Contract within forty-five (45) calendar days from the Commencement date specified in the Notice to Proceed, Contractor shall pay to Village the sum of One Thousand Dollars ($1,000) for each calendar day that the Contractor failed to achieve Substantial Completion. This amount is not a penalty but is liquidated damages payable by Contractor to Village for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by Village as a consequence of Contractor's delay and failure of Contractor to complete the Work on time. 3.1.4 At the time that the Contractor believes and notifies the Village that the Work is Substantially Complete, the Village shall inspect the Work and prepare and deliver to the Contractor a list of all unfinished or defective Work or portions thereof ("Punchlist'). When all items listed on the Punchlist have been corrected or completed to the satisfaction of Village, Village may certify Final Completion. Contractor understands and agrees that Final Completion cannot occur until such time as the Punchlist Work has been completed so that the Project can be occupied and used by Village for its intended purpose without disruption to Village. 00500-2 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne 3.1.5 Village is authorized to deduct the liquidated damages from monies, due to Contractor for the Work under this Contract. In case fhe liquidated damage amount due to Village by Contractor exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately upon demand by Village pay taVillage the amount of said excess. ARTICLE 4 CONTRACT PRICE 4.1 Village shall pay to Contractor for the satisfactory performance of the Contract, the total lump sum of Three -Hundred Twelve Thousand Seven Hundred Fifty Dollars and Sixty Eight Cents ($312,750.68) (the "Contract Price"), The Contract Price shall be full compensation for all services, labor, materials, equipment and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders,signed by both parties and approved as required by local law. 4.2 Village shall pdy the Contract,Price above pursuant to the following schedule: 4.2.1 The final' payment of the Contract Price shall be paid to Contractor upon Final Completion of the Work in accordance with the Contract Documents and acceptance by the. Village and upon certification by 'the Village's Project Consultant that the Work is cornp(ete and in accordance with f he Contract Documents ("Certification of Final Completion'`). 42.2 Upon Certification of Final Completion by the Village, the Contract Price shall be due, and payable to Contractor within thirty (30) days after the following conditions are satisfied: (a) Inspection dnd submission of evidence of approval of all the Work requiring inspection by the Village and any governmental body, inspection, organization, bureau or association having jurisdiction over the Work, within Contractor's responsibilities under this Contract; (b) Owner's approval of Contractor's Final Application for Payment; (c) Assignment of all manufacturer warranties or assignment of subcontractor's warranties on material or equipment installed; (d) 'Final disbursements which are related to the performance of the Work by Contractor or its subcontractors, sub -subcontractors, laborers or material suppliers; 00500-3 (f) Resurfacing Two Athletic Fields on Village Green with Naturoi Turf Village of Key Biscayne „ (e) Final waivers of lien' from the Contractor and all vendors and subcontractors which have provided labor and/or materials for performance of the Work which shall accompany Contractor's application for final payment; Contractor obtaining, a certificate of completion or occupancy, as may be required; It is mutually agreed that no,payment made under this Contract shall be evidence of acceptance of defective pr improper materials or workmanship. 4.2.3 Any payment ,by Village, including the final request for payment, does not constitute approval or acceptance' by Village of any item of the Work nor shall it be construed as a waiver of any of the Village's rights hereunder or at law or in equity. 4.2.4 This,Contract is subject to the condition precedents that: (i) Village funds are available and budgeted forthe Contract ,Price; (1) the Village secures.and obtains any necessary grants or loans for the accomplishment, of this Project pursuant to any borrowing legislation adopted by the Village Council relative to •the, Project; and ,(iii) Village Council enacts legislation which awards and authorizes the execution of this Contract if such is required. ARTICLE 5 CONTRACT DOCUMENTS 5:1 The Contract Documents, which comprise the entire agreement between the Village and the Contractor concerning the Work consist of (a) this Contract for Construction (including any change orders and amendments thereto), (b) the Project Manual and all, bidding documents or procurement documents for the Project, (c) the Contractor's bid or proposal for the Project, (d) Insurance 'Certificates, (e) Performance and Payment 'Bonds, (f) the Notice of Award, and (g) the Notice to Proceed, all of Which' are deemed incorporated info and made a part of this Contract by this reference and govern this Project. In the event of any conflict among the foregoing, the documents shall govern in the order listed herein. Contractor is reminded and hereby recognizes that all 'Work under this Contract must comply With all applicable federal, state and local law. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 5.2 This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable -to the matters contained 00500-4 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Becayne herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Village's prior written authorization. ARTICLE 6 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES In order to induce the Village to enter into this Contract, the Contractor makes the following representations and warranties: 6.1 Contractor represents the following 6.1.1 Contractor has examined and carefully studied the Contract Documents and any other data identified in the bidding documents, including, without limitation, the "technical data" and plans and specifications. 6.1.2 Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 6.1.4 Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the Project site. Contractor acknowledges that the Village does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the Project site or for existing improvements at or near the Project site. Contractor has obtained and carefully studied jar assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies 00500- 5 Resurfacing TwoAthlehc Fields on Village Green with Natural Turf Village of Key Biscayne and data concerning conditions (sUrface, subsurface and underground facilities and improvements) at, contiguous or near to fhe Project site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, - techniques, sequences and procedures of construction to be employed - by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, exploration's, tests studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Time as specified in Article 2 of this Contract and in accordance With the other terms and conditions of the Contract 'Documents. 6.1.5 Contracforfs aware of the general nature of Work lobe performed by the Village and others at the' Project site that relates to the Work as indicated in the Contract Documents. 6.1.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 6.1.7 Contractor has given Village written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered, in the Contract Documents and the written resolution thereof by 'Village is acceptable to Contactor, and the, Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of fhe Work. 6.1.8 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to Village, ekcept as otherwise expressly provided for in the Contract Documents, The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for dr in connection with the construction, furnishing and -equipping of, the Project. 6.2 Contractor warrants the following: 6.2.1 Anti -Kickback: Contractor warrants`that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a corpmission, percentage, brokerage or contingent fee; and that no employee or officer of the Village has any interest, financially or otherwise, in the Project. For breach or violation of this 00500- 6 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne warranty, the Village shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 7 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES, ACCIDENTS AND DEFECTIVE WORK 7.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. 7.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village. 7.3 Unless otherwise provided for in the Contract Documents, all materials and equipment incorporated into any Work covered by this Contract shall be new and of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be in accordance with construction practices acceptable to Village. Contractor warrants to Village all labor, equipment and materials furnished or performed under this Contract against defects in materials and workmanship. Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections, including the cost of testing laboratories and personnel. 7.4 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Village's Project Consultant, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary, at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. 7.5 The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed, regardless of whether the same were performed by the Contractor or by any of its subcontractors, for a period of eight (8) weeks from the date of Substantial Completion, unless longer warrantees 00500- 7 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne or guarantees are provided for elsewhere in the Contract Documents, in which case the longer periods of time shall prevail. If, within eight weeks after the date of Substantial Completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to Village all material and equipment warranties upon completion of the Work hereunder. 7.6 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. ARTICLE 8 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS. 8.1 Village or any of its duly authorized representatives shall, until three (3) years after final payment under this Contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. 8.2 The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of Village providing for retention and audit of records. 8.3 The right to access and examination of records stated herein and in any subcontracts shall survive termination or expiration of this Contract and continue until disposition of any mediafion, claims, litigation or appeals related to this Project. SECTION 9 AUTHORIZED REPRESENTATIVE AND NOTICES. 9.1 Before commencing the Work, Contractor shall designate a competent, authorized representative ("Authorized Representative") acceptable to Village to represent and act for Contractor and shall inform Village, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep Village informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and 00500- 8 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key 9iscayne other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 9.2 The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of Village. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to Village, Contractor shall replace the unacceptable personnel with personnel acceptable to Village. 9.3 Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the Village: John C. Gilbert Village Manager 88 W. McIntyre Street Key Biscayne, Florida 33149 With a copy to: Stephen Helfman, Esq. Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd. Coral Gables, Florida 33134 For The Contractor: Nicholas Pappas Greensource Landscape and Sports Turf, Inc. 4800 S.W. 201st Terrace Southwest Ranches, FL 33322 ARTICLE 10 MISCELLANEOUS 10.1 Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner harmless from any liability on account of any and all such taxes, levies, duties and assessments. 10.2 Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this 00500-9 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne Contract. Such utilities shall be furnished by Contractor at no additional cost to Village. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 10.3 Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by Village at Contractors expense. 10.4 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 10.5 Capitalized Terms. Capitalized terms shall have their plain meaning as indicated herein. 10.6 Certification of Payment to Subcontractors. The term "subcontractor", as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all subcontractors for satisfactory performance of their subcontracts as a condition precedent to payment to Contractor by the Village. The Contactor shall also return all retention withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily complete and accepted by the Village. 10.7 Waiver of Jury Trial. Village and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under, or in connection with the Construction of the Work, or any course of conduct, course of dealing, statements or actions or inactions of any party. SIGNATURES FOLLOW ON THE NEXT PAGE 00500- 10 Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing by and through its Village Manager authorized to execute same by Council action on the _ day of Z , 2015d �and GREENSOURCE LANDSCAPE AND SPORTS TURF, INC., signing by a(4 and through fr *As duly authorized to execute same. VILLAGE: Attest: le/e Village Clerk Approved as to Form and Legal Sufficiency; Village Attorney Village of Key Biscayne, Florida, a Florida municipal corporation Gilbert, Village Ma anger CONTRACTOR MU UTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLIC ATTEST: (Witness) 00500- I 1 I Nt}- 96,. --- CONTRACTOR: Greensource Landscape and Sports Turf, Inc. By: Name: Nicholas Title: [Corporate Seal)] Resurfacing Two Athletic Fields on Village Green with Natural Turf Village of Key Biscayne IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing by and through its Village Manager authorized to execute same by Council action on the day of 26 , 2015 9nd GREE SOURCE LANDSCAPE AND SPORTS TURF, INC., signing by and through duly authorized to execute same. VILLAGE: Attest: Village of Key Biscayne, Florida, a Florida municipal corporation By: Village Clerk John C. Gilbert, Village Manager Approved as to Form and Legal Sufficiency: Village Attorney CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. CONTRACTOR: Greensource Landscape and Sports Turf, Inc. ATTEST: (Witness) 00500- 11 By: Name: Nicholas Title: iu'r T. [Corporate Seal)] PAYMENT BOND Great American Insurance Company 301 E. 4th St., Cincinnati, OH 45202 Bond ND.: 3037361 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) GreenSource Landscape & Sports Turf, Inc Great American Insurance Company 4800 SW 201st Terrace 301 E. 4th St. Southwest Ranches, FL 33332 Cincinnati, OH 45202 OWNER: (Name, legal status and address) Village of Key Biscayne, Florida 88 W. McIntyre St. Key Biscayne, FL 33149 CONSTRUCTION CONTRACT Date: Amount: Three hundred twelve thousand seven hundred fifty & 68/100 Dollars (5312,750.68) Description: (Name and location) Resurfacing Two Athletic Fields. on Village Green with Natural Turf Key Biscayne, FL BOND Date: May 22, 2015 (Not earlier than Construction Contract Date) Amount: Three hundred twelve thousand seven hundred fit & 68/100 Dollars (5312,750.68) Modifications to this Bond: X None ��� See Section 18 Na me Title: Susan N. Wingate, President Name and Title: David Ragno, Attorney -in -Fact (Corporate Seal) Company: CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) GreenSource Landser_e 2& Sports Turf, Inc Great America ` mace yam/_ Signature: ld—��— Y} ih)4t,C7ye1-"" Signature: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Keyes Coverage Inc (Architect, Engineer or other party.) 5900 Hiatus Rd. Sean Compel, P.E., LEED APO,.Stautee, Coral Gables, FL Ft. Lauderdale, FL 33321 §1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American institute of Architects Document A312, 2010 edition fumished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do nothave a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fumished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses. the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due andowing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in goodfaith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for thepayment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirementshall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; 2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephoneservice or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and alt other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as requiredunder the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document 0312, 2010 edition 3 § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 PERFORMANCE BOND Great American Insurance Company 301 E. 4th St., Cincinnati, OH 45202 Bond No.: 3037361 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) GreenSource Landscape & Sports Turf, Inc Great American Insurance Company 4800 SW 201st Terrace 301 E. 4th St. Southwest Ranches, FL 33332 Cincinnati, 011 45202 OWNER: (Name, legal status and address) Village of Key Biscayne, Florida 88 W. McIntyre St. Key Biscayne, FL 33149 CONSTRUCTION CONTRACT Date: Amount: Three hundred twelve thousand seven hundred fifty & 681100 Dollars ($312,750.68) Description: (Name: and location) Resurfacing Two Athletic Fields on Village Green with Natural Turf Key Biscayne, FL BOND Date: May 22, 2015 (Not earlier than Construction Contract Date) Amount: Three hundred twelve thousand seven hundred fif&ty 68/100 Dollars ($312,750.68) Modifications to this Bond: X None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) GreenSource Landscape & Sports Turf, lne Great American Insurance Co�any Signature: CC''' 6 , LU„Mpg Signature: �W-ti ��. Name and Title: Susan N. Wingate, President Name and Title: David Ragno, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Keyes Coverage Inc (Architect, Engineer or other party.) 5900 Hiatus Rd. Sean Compel, P.E., LEED APO, Stantec, Coral Gables, FL Ft. Lauderdale, FL 33321 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently todeclare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shallpromptly and at the Surety's expense take one of the following actions; § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for executionby the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction. Contract, and pay to the Owner the amountof damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may beliable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part andnotify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed asprovided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perforn its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the. Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the. Owner shall be entitled to enforceany remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and theresponsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety isobligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the. Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8.1f the Surety elects to act. under Section 5.1, 53 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts„ purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3I2, 2010 edition 2 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a materialterm of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 GREAT AMERICAN INSURANCE COMPANY Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by FIVE this power of attomey is not more than POWER OF ATTORNEY No. 0 20565 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the lawsof the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the releaseof retained percentages and/or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power GREGORY S. MARSH PAMELA D. HARDING ALL OF CAREY KEYES CHARITY H. SPAULDING TAMARAC, FLORIDA DAVID RAGNO ALL $100,000,.000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of OCTOBER 2014 Attest GREAT AMERICAN INSURANCE COMPANY (re .ie 144; Division( Senior Pee Prvsidem. DAVID C. KITCHIN (877.377-2405) STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 2ND day of OCTOBER , 2014 , before me personally appeared DAVID C. KITCHIN, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the saidinstrument is such corporate seal; that it was soaffixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Shia Matz Notary Public, Stab of Ohio My ComfxaMoti Expires 0608.2015 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents. and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of. June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this (1),,,,z) day of mo) x jis 4au e. AmIstunl Seat.), S1157N (13/13) ACORL CERTIFICATE OF LIABILITY INSURANCE DATE (MM4)O/WYY) 5/21/20.15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If thecertificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may requirean endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of suchendorsement(s). PRODUCER Keyes Coverage InSura0Ce 5900 Hiatus Road Tamarac FL 33321 NAMEAOT DaVid Benno PHONE FAX No): UDC, No, EMI 954-724-7000 ADDRESS: dragnoekeyescoverage .com PRODUCER CUSTOMERID a: 12334 INSURER(SI AFFORDING COVERAGE NAIC 6 INSURED Greensource Landscape & Sports Turf, Inc. 4800 S.W. 201st Terrace Southwest Ranches FL 33332 INSURERA:Allied Property . a Casualty. Ins Co 42579 INSURER e: INSURER C: INSURER 0: INSURER E: INSURER F: CERTIFICATE NUMBER:640353664 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 05 INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P01155 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 DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ay PAID CLAIMS. TV TYPE OF INSURANCE ADUL INSR SIAM MD POLICY NUMBER POLICY EFF (MMI00iYYYY( 561100 EXP IAI010D/YYYY( LIMITS A GENERAL LIABILITY 1 ACP GGPO 5925100038 3/11/2015 3/11/2016 EACH OCCURRENCE $1,090,000 X COMMERCIAL GENERAL LIABILITY DAMAGE IO RENILU PREMISES (Ea occwrence) 5100, 000 CLAIMS -MADE OCCUR MO EXP (Any one Parson) 85, 000 PERSONAL 8 ADV INJURY 51,000, 000 — GENERAL AGGREGATE 52,000,000 GERL AGGREGATE LIMIT APPLIES PER: I GA POLICY I Pn. I LOC PR000CTS- COMP/OP AGG 02,000, 000 5 A AUTOMOBILELIABIUTY ACP BAPO 5925108030 3/11/2015 3/11/2016 COMBINED SINGLE LIMIT (Es ectiden) $1, DOD, P00 X ANY AUTO ALL OWNED AUTOS B00ILY INJURY (Per person) S AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED AUTOS (Per accident) S _ NON -OWNED AUTOS 3 X Camp/Coll $1,000 S R r UMBRELLALU1e X OccuR ACP CAP 5925108/30 3/11/2015 3/11/2016 EACH OCCURRENCE. $4,000,000 EXCESS LIAR CLAIMS AGGREGATE $9,000,000 DEDUCTIBLE $ RETENTION. $ 1 PENSATION NC5TATU. OTH- TORY(10101 ER' AND EMPLOYERS' LIABIUTP VON ANY PROPRIETORMARTNERIEXECUTIVE Eill OFFICER/MEM0ER EXCLUDED? (Mandatory In NH) NIA E.L. EACH ACCIDENT E E.L.OISEASE-EA EMPLOYEE E If yes, 09.41e under DESCRIPTION OF OPERATIONS below E. L. 0(1EASE, POLICY LIMIT S A Inland marine ACP CI 9251013038 3/11/2015 3/11/2016 Limit 01,055 070 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES )ANAchA00RO 101, Add0lavl Rem2MS Schedule. 8 more apace) reeplred) *10 Days notice of cancellation due to non-payment of premium. Project - Resurfacing an Athletic Field in the Village Green with Natural Turf. RE: Certificate holder is listed as an additional insured as required by written contract. CERTIFICATE HOLDER Village of Key Biscayne 88 Hest McIntyre Street, suite 250 Key Biscayne FL 33149 CANCELLATION30 Da s Notice of Cancellation* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009(09) The ACORD name and logo are registered marks of ACORD Aco 0 CERTIFICATE OF LIABILITY INSURANCE DATE (M WOONYYY) 05/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cer6ficate holder Is an ADDITIONAL INSURED, the policy Des) must be endorsed. 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 Ilea of such endorsement(s). PRODUCER FrankCrum Insurance Agency, Inc. 100 South Missouri Avenue Clearwater, FL 33756 CONTACT NAME; PHONE (A/C. No, EM); 1-800.277-1620 X4900 FAX (A/C, 900 1725797.0704 E-MAIL ADDRESS. INSURER(S)AFFOROING COVERAGE NAICt INSURER A Frank Winston Crum Insurance Co, 11600 INSURED FrankCrum UC/F Greensource Landscape And Sports Turf, Inc. dba Greensource Landscape 100 South Missouri Avenue Clearwater, FL 33756 INSURER B: INSURER C. INSURER D. INSURER E: INSURER 00 COVERAGES CERTIFICATE NUMBER: 317499 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN. 55UE0 TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTP TYPE DPINSURANCE VAi9AU SUER , POLICY NUMBERL (MWDOKITE I POLICYIXP. 1MWDIRYYY'N uoam GENERAL LIABILITY COMMFAGVLGENERALL4LpILDY EACH OCCUR E OAMAGETO RENTED PREWSEarea CWMSTEADE OOCOUR KO EXP(Aga,e RE ) 0 PERSONALSPDV MMRY ODIUM/AGGREGATE. AGGREGATEMGT TPPRJES PER: jroou El PROJECT I^ILOC PRO DUCTSCrklMOP AGG S AUTOMOBILE - �ALLGWNFD _ _HIRED .. ANY AUTO AUTOS O NON-ONINED ,--AUTOS MI COMBINED SINGLE UT rEs Redden/ BODILY INJURY War Pmm) S BODILY MJURY (Per eo0en) S PROPERTY DAMAGE (Pt, ant) $ MORELLA LIAR EEC...SI/AD CLANS -MADE EACH:OCURRENCE S AGGREGATE OED �REIt UPMO S A voa 09000 PENSAn99050 EMPLO�SEtLoeuTV YIN ORIPARTNEMEXECUIVE oFTJ41050 ER EXCLUDED? © (Mandatory at NM 11 yes, tleacrbe DESCRIPRON OF °PER... Re. N/A W0201500000 01/01/2015 01/01/2016 X TATUr°30 OMRS EP EACH AGrao000 11,000000 E1 asEASs.EA EMPLOYEE 31 060.000 E.L. OISEASE-POLICY MET 11 OW MT DESCRIPTION Effect've Landscape Re: Resurfacing OF OPERATIONS I LOCATIONS I VEHICLES 06/21/2004, coverage is for 100% (Client) for whom the client is reporting an Athletic Field in the Village (Attach ACORD of the employees hours Green with 101, Additional Remarks, Schedule, H 111010 apace I required) of FrankCrum leased to Greensource Landscape And Sports Turf, Inc. dba Greensource to FrankCrum. Coverage is not extended to statutory employees. Natural Turf DFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street, Ste. 250 Key Biscayne, FL 33149 SHOULD ANY OF TH8 ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE VMTH THE POLICY PROVISION5. AUTHORIZED REPRESENTATIVE �+ ,, ,...,.. j 10 1908-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD