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Backup Documents 02/09/2010 Item #16B2 16821 MEMORANDUM Date: February 18,2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5264: "Immokalee Road MSTU/MSTD Landscape Maintenance" Contractor: Commercial Land Maintenance, Inc. Attached, please find an original contract document, referenced above, (Item #16B2) approved by the Board of County Commissioners February 9, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you should have any questions, please contact me at 252-8406. TL IIlk you. Al~achment (1) REQUEST FOR LEGAL SERVICES , i' ." ~:;f!fAt~':"Rl'celi~ ,'I ,', : i ,.", :: .'.:i\'~.r "'2~~ t~~ t.,J.-o .,y~JA' ~~ v~.~ VI' v~tJlb ITEM NO.: (0 - p (LC-' 0 ( L.f ~ S FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: February 9,2010 rt+ County Attorney's Office _ \ S) Attention: Jeff Klatzkow D\U d-I ILr II () To: From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5264 "Immokalee Road MSTU/MSTD Landscape Maintenance" Contractor: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. 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: Darryl Richard, ATM RLS # 10 - f (C c - (] i L{ Y ::,- CHECKLIST FOR REVIEWING CONTRACTS 1 " B 2 EnlityName: Fiorlc(~ L"-,,,d )..{"-\',,teY\"-~<E J (b /"" C"",,,,,,q;J L,'"",'t I kc:...\Vl.{<?{''-v'l(~ II"\C. / Yes No I ./ Yes No 1 Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $:::2 fA, I L Products/CompllOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Au/omobile Liability Bodily Inj & Prop Required $..2 ~ \ L Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ 0 H I L Aggregate Provided $ 10M I L Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Entity name correct on contract? Entity registered with FL Sec. of State? I{ \ L 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 ofbond Does dollar amount match contract? Agent registered in Florida? I Yes /Yes ~Yes V Yes Provided $ ;;l.. MIL Provided $ d- H I L Provided $ I MIL Provided $ I H I L Provided $ 3M IC Provided $ Provided $ Provided $ Provided $ 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: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date " " /I ,I 1M IL 7/,/;0 ,II jliA Exp Date 11''1 I L Exp Date Exp Date Exp Date I ExpDate 711-0 Exp Date 7 I /0 LYes _No " '/ Exp. Date Exp. Date Provided $ Exp Date_ / Yes ,,/' Yes _No _No / Yes Yes _No ~No _Yes _No _Yes _Yes No _No / ~Yes ./ Yes ~ Yes _Yes No No _No _No :;;~ Yes ~Yes ./ Yes No _No No /Yes No c1 Reviewer InitialS:~ IC- Date: 1--- (0 04-COA-O J 030/ 22 16821 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Special" Purchasing Department DATE: February 9,2010 RE: Review of Insurance for Contract: #09-5264 "Immokalee Road MSTUlMSTD Landscape Maintenance" Contractor: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. This Contract was approved by the BCC on February 9, 2010, Agenda Item 16.8.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dodlRC C: Darryl Richard, ATM '1ATE RECEIVED FEB 1 0 2010 RISK MANAGEMENl mausen 9 1682 From: Sent: To: Cc: Subject: RaymondCarter Thursday, February 11, 2010 1 :45 PM CummingsRhonda DeLeon Diana; RichardDarryl; mausen_g Contract 09-5264 "Immokalee Road MSTU/MSTD Landscape Maintenance" All, I have approved the certificate of insurance provided by Florida Land Maintenance, Inc. dlbla Commercial Land Maintenance, Inc. for contract 09-5264. The contract(s) will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Ca.rr.teh. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Home Contact Us E-Filing Services Previous on List 16 8 ia~e 1 of2 Document Searches Forms Help Event!;. No Name History Next on List Return To List Detail by Entity Name Florida Profit Corporation FLORIDA LAND MAINTENANCE, INC. Filing Information Document Number P99000047430 FEI/EIN Number 650923754 Date Filed OS/20/1999 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/18/2004 Event Effective Date NONE Principal Address 3980 EXCHANGE AVE NAPLES FL 34104 Changed 04/10/2006 Mailing Address 3980 EXCHANGE AVE NAPLES FL 34104 Changed 04/10/2006 Registered Agent Name & Address KINDELAN, ROBERTO JR. 3980 EXCHANGE AVE NAPLES FL 34104 US Address Changed: 04/10/2006 Officer/Director Detail Name & Address Title PD KINDELAN, ROBERT JR. 3980 EXCHANGE AVE NAPLES FL 34104 Annual Reports Report Year Filed Date 2007 02/09/2007 2008 01/11/2008 IEntity Name Search Submit I http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=P9900004743...1/6/20 1 0 Www.sunbiz.org - Department of State 2009 01/07/2009 Document Images 01/Ql1?Q09 - ANNUAL REPORT 01/1112008 =-ANNUAL REPORT 02/09/2007 =-ANNUAL REPORT Q4/1Ql~QQ6,..61\LNUAj, REPOBT. 01/~412QQ5 ANNUAL REPORT lQl18i~Q04",RBNST A TlO_ME;NT Q1L13i2QQ:J.=ANNUALJ'<_E PORT Q2/lSJ12QQ2.=-l\NNU_AL.RE;PORT 04/26/2001- ANNI,JAL REPORT OS/22/2000.. ANNUAL REPORT 09/22/1999 - Ameoc;tment QS/2Q1j 99R .. Dom~stic Fmfi! Page 2 of2 1682 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 II Note: This is not official record. See documents if question or conflict I .. . . . .. Previous on List Next on List Ret!JrnIo..Lisl !;vents No Name History IEntity Name Search $I!~mill Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in.Ldoc_number=P9900004743...1 /6/20 1 0 A G R E E MEN T 09-5264 16B 2 For Immokalee Road MSTUlMSTD Landscape Maintenance THIS AGREEMENT is made and entered into this ~ day of ~Fe.hj-<..lA..~_, 2010, by and between the Board of County Commissioners for Collier County, Florida, a politi'cal subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Florida Land Maintenance, Inc., d/b/a Commercial Land Maintenance authorized to do business in the State of Florida, whose business address is 3980 Exchange Avenue, Florida 34104 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one year (1) year period from the date of Notice to Proceed, with three (3) one (1) year renewal options. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre- qualified and awarded a Contract to one (1) firm. The awardee will enter into an Agreement to provide complete services for Immokalee Road MSTUlMSTD Landscape Maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5264 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed to the Contractor who will have the opportunity to submit a formal quotation for the Work based upon the unit prices provided in the bid. The Contractor shall respond with the information sought within seven (7) working days. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Purchasing Director and, if approved by using Department (price adjustments are dependent upon budget availability Page -1- 1682' and program manager approval), 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: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance 3980 Exchange Avenue, Naples, FL 34104 239-643-6205 Telephone 239-643-5012 Fax Robert Kindelan, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Page -2- 1682 I 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General 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 Reauirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 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. Page -3- 1682 j 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 Contractor anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "S" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work. Subcontractors will not be allowed in this contract. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. S. 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 Page -4- 1682 neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "C" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. Page -5- 1682 20.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 21. 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. 22. 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. 23. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will Page -6- make such inspection and, if Owner finds the Work acceptable and fully perf01m~d gn~ th~ 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. 24.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 25. 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. 09-5264, any addenda, any QuotationlPurchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 26. 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, andlor 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. 27. 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. 28. 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. 29.IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page -7- 1682 ! 30. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 31.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 -8- 16B 2 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~ Fred W. Coyle, Chairman '. By: Dated: '" .,~!.... ;;f:DIo \. ,:'(Se'al), .-' 'S) . "" . .".a..L ~~f . r~ , ......u ... . . t ..P1t.....' ..:,'(~',.' .'^' .:'..~,r\,S'\'~ Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance ~ --r;:sf;1 ~ Type/Print Witness Name ~ess /'IA. ld~r Type/Print Witness Name contract~ ~ By: . / Signature R0(}~ ~ K/FVJl~L~~ , Typed Signature /;2 t) / t/(--v ,-- , Title Approved as to form and le~m ~-~L ^ssistsflt County Attorney , ~ Page -9- EXHIBIT A RELEASE AND AFFIDAVIT FORM 1682 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 its 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 2010, by , as a corporation, on behalf of the corporation. produced oath. day of of He/she is personally known to me or has as identification and did (did not) take an My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -10- 1682 EXHIBIT B FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 09-5264 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Totai value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP'S Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -11- EXHIBIT C CHANGE ORDER 1682 CHANGE ORDER NO. CONTRACT NO. 09-5264 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--> 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: ,2010 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -12- EXHIBIT D WARRANTY 1682 I n consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersig ned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT, Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given, This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -13- .~'" ACORD ~ 16 CERTIFICATE OF LIABILITY INSURANCE 2 11 2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER phone: 239~262-5143 Fax; 239-261-8265 Brown & Brown of Florida, Inc. 999 Vanderbilt Beach Road, #507 Naples FL 34108-3507 INSURED FL Land Maintenance Iue dba Commercial Land Maintenance 3980 Exchange Avenue Naples FL 34104 INSURERS AFFORDING COVERAGE 'INSURERAFCCI Commercial Insurance Com INSURER BNational Trust Insurance COffiO INSURER c: FCCI Insurance Com an INSURER D:North River Ins. Co. INSURER E: NAIC# 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. - IN~~ N~~'~ ~o. n., 1 POL.ICY NUMBER I ~PfJ~Y EFFECTIVE POL.ICY EXPIRATION I LIMITS ., A X ~NERAL. LlABIL.ITY iGLOO074082 \7/1/2009 7/1/2010 EACH OCCURRENCE 111.000,000 X COMMERCIAL GENERAL LIABILITY ~~~~~~JO E~~~~r~ence' ! $ 3 0 0 OQO_ I CLAIMS MADE IiJ OCCUR I MED EXP (Anyone person) 110 000 -~ - PERSONAL & ADV INJURY 11 000 000 - GENERAL AGGREGATE . 2 000 000 ~'~ AGG~E~: LIMIT AP~~I PER ~C;:TS. COMPIOP AGG '2 000 000 , POLICY X ,~b'-P.,: X I LOC , B AUTOMOBILE UABILlTY CAOO11222 7/1/2009 7/1/2010 COMBINED SINGLE LIMIT X : ANY AUTO (Eaaccidenl) $1,000,000 ~ I . - ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS I (Per person) 1 · - I .-. -- HIRED AUTOS BODILY INJURY I (Per accident) I · NON-OWNED AUTOS .._._._~- - I - -. PROPERTY DAMAGE (Per accident) I · l~GE LIABILITY AUTO ONLY - EA ACCIDENT i $ 1 , ANY AUTO OTHER THAN EAACC i $ I AUTO ONLY AGG S D !X EXCESS I UMBRELLA LIABILITY 5530925385 7/1/2009 7/1/2010 EACH OCCURRENCE '5 000 000 =:J OCCUR D CLAIMS MADE AGGREGATE 110 000 000 , . ~ ~EDUCTIBLE . , -----,_.----- X RETENTION '0 . C ! WORKERS COMPENSATION 01WCI0A63317 1/1/2010 1/1/2011 X I T~JTAJN~ i IOJ~' i AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D EL EACH ACCIDENT '1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE - EA EMPLOYEE '1 000 000 !Ifyes.describeunder E,L. DISEASE. POLICY LIMIT 11 000 000 : SPECIAL PROVISIONS below , OTHER 1 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS andscaping Contractor. *10 Days Notice Given for Non-Payment of Premium, workers Compensation 30 days except 10 days for non payment. ertificate Holder is included as additional insured per form # CGL021 (11-08) - Additional Insured - Owners, Lessees, r Contractors . Scheduled Person or Organization when required under a written contract or agreement. waiver of ubrogation applies when required under written contract per form # CGL004 (11-08)General Liability Advantage ndorsement. workers Compensation includes Blanket Waiver of Subrogation when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *45 DAYS WRITTEN NOTICE TO THE Collier County Board of County CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Commissioners SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 3301 East Tamiami Trail THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples FL 34112 AUTHORIZED REPRESENTATIVE ,I);",.R.;(,.('4' I ACORD 25 (2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) DESCRIPTIONS Continued. Endorsement. Workers Compensation includes Blanket Waiver of Subrogation when required by written contract. Bid # 09-5264, "Immokalee Road MSTU/MSTD Landscape Maintenance"