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Backup Documents 12/01/2009 Item #16B2 1682 MEMORANDUM Date: December 17, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10-5367: "Immokalee Road Landscape Maintenance Phase 2 & 3" Contractor: Hannula Landscaping & Irrigation, Inc. Enclosed you will find an original contract document, referenced above, (Agenda Item #16B2) approved by the Board of County Commissioners on Tuesday, December I, 2009. The second original will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure ITEM NO.:CA - PQ_C - 0/ L../ UO DATE , ~al~~G ~, ',.. 1..1. FILE NO.: ROUTED TO: j .', I, " 4 DO NOT WRITE ABOVE THIS LINE Date: December 1, 2009 REQUEST FOR LEGAL SERVICES SlLl \::l} 1"'->1 oCj C\O,,>ed\,~e.-'( -to de-' ~ce.. 0\,U \~ \le To: County Attorney's Office Jeff Klatzkow, County Attorney " ."J] Ii ~. JXc.(l'- 'J Mil From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #10-5367 "Immokalee Rd Landscape Maintenance Phase 2 & 3" Contractor: Hannula Landscaping & Irrigation, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 2009; Agenda Item 16.B.2 C9 This item has not been previously submitted. Contract review and approval. \\! t. ~ \\(\ ~\S',lVIJJ \1 )\J " ,~Q, \1) \If U! ACTION REQUESTED: OTHER COMMENTS: This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Liz De Leon, ATM 1682 MEMORANDUM FROM: ", Q Ray Carter ( ~ Risk Management Department y (I.'~{~,\ Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department TO: DATE: December 10, 2009 RE: Review of Insurance for Contract: #10-5367 "Immokalee Rd Landscape Maintenance Phase 2 & 3" Contractor: Hannula Landscaping & Irrigation, Inc. This Contract was approved by the BCC on December 1, 2009; Agenda Item 16.B.2 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. l)~"f REefl'lEft \ \ 2009 dod/RC j{i~1' IW/'~ /, J/ J!?' r ,t>y{ 1<<. Iv1Nlo q C: Liz De Leon, ATM 1682 mausen g From: Sent: To: Cc: Subject: RaymondCarter Monday, December 14, 20099:32 AM CummingsRhonda DeLeon Liz; mausen_g; DeLeonDiana; TeachScott; ward_kelsey Contract 10-5357 and 10-5367 Alii have approved the following contracts insurance certificate(s): . 10-5357 "Vanderbilt Beach Road Landscape Maintenance Phase I & II" awarded to Hannula Landscaping & Irrigation, Inc. . _!9-5367 "Immokalee Rd Landscape Maintenance Phase 2 & 3" awarded to Hannula Landscaping & Irrigation, Inc. Note that the insurance afforded to Hannula is set to expire on 1/1/10 for Workers Compensation and 1/13/10 for all other lines. ~ CaJd.e.h. 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 16 8 2ag(j 1 01'2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List 1II_~xt on ,Lis! R~tlJrn To List IEntity Name Search Submit I events "'~me Histo!)' Detail by Entity Name Florida Profit Corporation HANNULA LANDSCAPING AND IRRIGATION, INC. Filing Information Document Number P92000010592 FEI/EIN Number 650375795 Date Filed 12/08/1992 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/18/2008 Event Effective Date NONE Principal Address 28131 QUAILS NEST LANE BONITA SPRGS FL 34135 US Changed 04/29/1997 Mailing Address 28131 QUAILS NEST LANE BONITA SPRGS FL 34135 US Changed 04/29/1997 Registered Agent Name & Address HANNULA, DALE F 28131 QUAILS NEST LANE BONITA SPRINGS FL 34135 US Address Changed: 04/29/1997 OfficerlDirector Detail Name & Address Title PST HANNULA, DALE F 28131 QUAILS NEST LANE BONITA SPRINGS FL 34135 Annual Reports Report Year Filed Date 2007 04/30/2007 2008 04/28/2008 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc number=P920000 1 0... 11/20/2009 www.sunbiz.org-DepartmentofState 16 B 2page2of2 2009 04/14/2009 Document Images 04/14120.0.9 -- ANN.!.J6L REPORT 07/18/2008 ,.::Nal11~ Chi'n9~ 04/28/2008 =-ANNUAL REPORT o..4/3o./2o.o.i'." ANNUAL REPORT 04/17/20.0.9" AN NUAL REpOBT 0.4/29/2000 "ANNUAL REPORT 04/28/2004=-6NN u6L REPORT 0.4/20/2003 -,ANNUAL REPORT 00/10/2002 --ANNLJAL REPORT 00/0~2QOJ. "ANNUAL RI;F'OR~ 00/16/2000 -- ANNUALREE'ORT 00103/1 999n-- ANNUAL REPORT 00/0.6/1996 -- Ar>!NJJALREPORT 04/29/199}".ANNUAL REPORT 00/01/1996 =-ANNUAL REPORT 00/01/199;; -- ANNUALREPORT Vi~w imi'g~ in POF formi't Vi~w imag~ in POF formi't Vi~w imi'ge in POF format Vi~w imag~ in POF format Vi~wimage in POF format View image in POF formi't View imi'gein POF format View image in POF formi't View image in PDF formi't Viewimage in POF formi't Vi~wimage in POF format Viewimi'ge in POF formi't View image in POFformat View imi'ge in POFJormat ViE\w image in POF format View image in POF formi'! II Note: This is not officii'1 record. See documents if question or confilct I previous on Lj!jj Events !IIame Hi~to-'y Nextjln l,L~t R!'!!!m.IQ_l,L~! IEntity Name Search Submit I I Home I Contact us I Document Searches I E~Filillg 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&inq..doc_number~P92000010...11/20/2009 RLS # Oq- flltel'.- CHECKLIST FOR REVIEWING CONTRACTS . zl~J3 2 Entity Name: .J.IAAJJJlILJ4 L A:AJ'b<; ~AhlV& lfJ.Jb 1~/&4 noN, fA}<!... . , Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Reqnired $ ;J."", L. Prodncts/Compl/Op Reqnired $ Personal & Advert Required $~_ Each Occurrence Reqnired $ Fire/Prop Damage Required $ Automobile Liability Bodily lnj & Prop Required $ .;l ,,^,l '- Workers Compensation Each accident Required $ I Mol L- Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ 3 lot. L. Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:~___._ /Yes ----v- Y es Yes .....L...Yes Provided $ .:J....., '- Provided $ ------':..~__._ Provided $___.L~~ Provided $~_ Provided $..LPJi~OO ~ Provided $ I \Io\-lL- Provided $ Sop)_ Provided $ ~_____ _..._ Provided $___-'::..~_ V"_Yes v_Yes No No No No ---"",,,No No Exp. Date --'113/1 t> Exp. Date _ ~( Exp. Date ~I_ Exp. Date _ l r Exp. Date " Exp Date -'II 3 / I D Exp Date \{, /10 Exp Date ~I Exp Date ,( " Exp Date \/1"3110 Exp Date I l-I ./-'Yes--. ___No Provided $ Provided $ Provided $ _..~ Exp Date_ Required $__ County required to be named as additional instITed? County named as additional insured? ......... Yes .LVes Indemnification Does indemnification meet County standards? Is County indemnifying other party? ...1L'_Yes Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of hond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? __.---LYes Correct title of executor? _~ Y es Executor authorized to sign for entity? ~ Yes Proper number of witnesses/notary? ~ Y es Authorization for executor to sign, if necessary: _____ tllll\. - Chairman's signature block? ~_~_Yes Clerk's attestation signature block? J Yes County Attomey's signature hlock? :=7Yes Exp. Date Exp. Date_~ No No No ~No Yes No Yes Yes No No No ~No No No Attachments Are all required attachments included? / ..L Ves No No No No Review," Initial" $~W Date: (I 04-COA-O 1 03 I 22 A G R E E MEN T 10-5367 1682 for Immokalee Road Landscape Maintenance Phase 2 and 3 THIS AGREEMENT is made and entered into this ~ day of :be.C<i_M Iou.... ,20Q.9" by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, Florida 34135 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on the date of the Notice to Proceed and terminating one year later. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre- qualified and awarded a Contract to that firm. The awardee will enter into an Agreement to provide complete services for Immokalee Road Landscape Maintenance Phase 2 & 3 on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #10-5367 and the Contractor's bid, which is incorporated by reference and made an integral part of this Agreement. The work covered by this Contract requires a weekly servicing of roadway areas designated as described in the ITB specifications, unless otherwise determined by the Project Manager or his designee. This requires furnishing all labor, equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the Project Manager or the designated Owner's Representative. If the project's weekly services require more than one (1) day per week, then the weekly services shall be performed on consecutive days. The location and areas of work are as described in the ITB specifications and/or as shown on the plans, to include sidewalks, curbing, guardrails, landscaping, irrigation observation as described in this contract, CAT benches and shelters. 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 procedures outlined in the Bid document. A Purchase Order will be issued to commence the work. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted prices offered by the Contractor in his response to the bid. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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 Page -1- 1682 United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Hannula Landscaping and Irrigation, Inc 28131 Quails Nest Lane, Bonita Springs, FL 34135 Telephone Number: 239/992-2210 Fax Number: 239/498-6818 Attention: Dale Hannula, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any 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 Page -2- 1682 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 for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Page -3- 1682 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. Before any payment will be made, Contractor must provide Owner application(s) for full payment in writing. 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; Page -4- 1682 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. 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, equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. Page -5- 1682 21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury 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. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is complete. Within a reasonable time thereafter, Owner and Page -6- 1682 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) complete, the Owner shall notify Contractor in writing giving the reasons thereof. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 27.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. 10-5367, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Purchase Orders. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 29.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. 30. 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. 31.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. 32. 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. 33.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this Page -7- _ '~'M'_'~"'w__""",_,""""~_",,,_'~_'''___,.,____,____"~__,__.__.....<___ !bti~ solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 34.AGREEMENT TERMS: otherwise unenforceable, remain in effect. If any portion of this Agreement is held to be void, invalid, or in whole or in part, the remaining portion of this Agreement shall c c c c c c c c c c c c c c c Page -8- 1611 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. B"rock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA i c CkMm By: .' ',.. . "',' &-e.-a.c... Dated:, \'3.:... ~ODCfL ~ '(Sealk,:, .- .~ .sto\~'_', .t-- .', . __..:811li~/ kzi0 /J;/~ First Witness By: Hannula Landscaping & Irrigation, Inc. By: C)~J~ " Signature DOll... F tf&lfl/NI4/A Typed Signature PRes; Je'lk Title Type/Print Witness N me ~VtM~ Second Witness JJerllse 1/( o....nO:l\)N::. Type/Print Witness Name Approved as to form and le~m'ip)-L Ass ist-a f County Attorney \)....}<"t~ Item # \ 1.J2'b(:j ~~~~da\o-\-cfI Da\~ \ a ieo-t:f\ Reed .Ie Deputy Clerk Page -9- ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 10/23/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodlette Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FCCllnsurance Company Hannula Landscaping & Irrigation, Inc. INSURER B: 28131 Qualls Nest Lane INSURER c: Bonita Springs, FL 34135-6930 INSURER D: INSURER E: Cllent#. 33375 HANLA1 1682 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER PD~'4f~:~~8~v,e Pg~fJf~:~~N LIMITS A ~NERAl LIABILITY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED,n.....\ $100 000 l CLAIMS MADE [Xl OCCUR MED EXP (Anyone pe",on) $5000 ~ PD Ded:1,OOO PERSONAL & ADV INJURY $1 000 000 e- GENERAL AGGREGATE $2 000 000 rl'L AGG~EnEILlMIT AP~~t PER: PRODUCTS - COMPIOP AGG $2 000 000 PRO- POLICY JECT LOC A ~TOMOBILE LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT ~ ANY AUTO (Eaaccident) $1,000,000 e- ALL OWNED AUTOS BODILY INJURY (Perperwn) $ e- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) >- PROPERTY DAMAGE $ (Per accident) RGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A @ESSfUMBRELLALlABILlTY UMBOO062121 01/13/09 01/13/10 EACH OCCURRENCE $3 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE $3 000 000 $ ;1 DEDUCTIBLE $ X RETENTION $10000 $ A WORKERS COMPENSATION AND 001 WC08A40029 01/01/09 01/01/10 X I T~~{!~~_~ I 10J~- EMPLOYERS'L1ABILlTY $500 000 ANY PROPRIETORlPARTNER/EXECUTIVE E,l. EACH ACCIDENT OFFICERiMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500 000 ~~~~Ii!~~~JI~1~NS below E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS JVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder Is Named as Additional Insured as Respects to General Liability per CG2033 0704 "For any and all work performed on behalf of Collier County. 30 Day Cancellation 10 days for non payment. CERTIFICATE HOLDER Collier County Board of County Commissioners 2800 Horseshoe Drive Naples, FL 34104 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL!D BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ---30..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ACORD 25 (2001/08) 1 of 2 #S382827/M347612 CAH Ii> ACORD CORPORATION 1988 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S382827/M347612 1682 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to iiability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodiiy injury", "property damage" or "personal and advertising injury" arising out of the render- in9 of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 @ ISO Properties, Inc., 2004 o Page 1 of 1