Backup Documents 12/01/2009 Item #16B3
1683
MEMORANDUM
Date:
December 17, 2009
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #10-5357: "Vanderbilt Beach Road
Landscape Maintenance Phase I & II"
Contractor: Hannula Landscaping & Irrigation, Inc.
Enclosed you will find an original contract document, referenced above,
(Agenda Item #16B3) approved by the Board of County Commissioners
on Tuesday, December 1,2009.
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:01-WC~ Of l\ ').l
.DATE
'i \ ...-
RE~I~~ 3
FILE NO.:
I,.". "ii
ROUTED TO:
i.;
DO NOT WRITE ABOVE THIS LINE
From:
County Attorney's Office
Jeff Klatzkow, County Attorney
1
Rhonda Cummings, FCCN, CPPB, Contract Specialist (,/-,p,,:,.):
Purchasing Department, Extension 8941 ...JI:L -f"\.
srz- T
12}ISJDQ
de.\\If~Y~ 11.:>
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1) l.U. 12-/1 <.i
REQUEST FOR LEGAL SERVICES
Date:
December 1, 2009
To:
Re: Contract: #10-5357 "Vanderbilt Beach Road Landscape
Maintenance Phase I & II"
Contractor: Hannula Landscaping & Irrigation, Inc.
BACKGROUND OF REQUEST: /
This Contract was approved by the BCC on December 1;V'~~)
2009; Agenda Item 16.B.3 (' ~//
This item has not been previously submitted. ~
ACTION REQUESTED:
/
Contract review and approval.
'\
- \ \j.
\," ' \
J ~ \\i\\J'J
\"\;\
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
16B3
MEMORANDUM
TO: Ray Carter
Risk Management Department -"
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist kCl'J- Y;:'1
Purchasing Department
DATE: December 10, 2009
RE: Review of Insurance for Contract: #10-5357 "Vanderbilt Beach
Road Landscape Maintenance Phase I & II"
Contractor: Hannula Landscaping & Irrigation, Inc.
This Contract was approved by the BCC on December 1, 2009; Agenda Item
16.B.3
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
nllTF RECEIVED
DEe 1 1 2009
RlSK ~GEt'E'iT
C: Liz De Leon, ATM
~.i
/z/ty/o'j
dod/RC
1683
mausen g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Monday, December 14, 20099:32 AM
CummingsRhonda
DeLeonLiz; 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. ,-~-
. 10-5367 "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.
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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: 04/2911997
Officer/Director 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
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1683
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07/18/2008 -: t-!il.me Cha= View Image i!l)'OFformat
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Q~21112.00'l-.ANNUAlBE.E'QRT VIElW image in POI' format
0.4./,25/2003.. A.,N_N,.U_A_L R, E.,PORT VI' I "nPOFformat
ew (l'Iage, .
05.,/15/2002 -- ANNUAL REPOR._T VII" ern POFformat
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05/02/20Q1 -- ANNUAL REPORT Viewimage,ln POI' formal
05/.1 (3/200Q -- ANNUAL REPORT View Image In PDFformal
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05/0(3/1998 .- Al\Ll\Il.IAkBEE'ORT View Ima~ in PI;lF format
04/29/1997 =- ,AN NUAl R,EP,ORT VIElW image rn POI' format.
05/01/1996 =.AN NUAL REPORT View Image In POF, format
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CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: JllWrV(.(LJ'!.
1.1Ic^-,D<;".A-NNG- -4><J2> Il2ftlA4-r'Mc> IAJ/I,
/
LYes
......--Yes
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ ,;l "', '-
Products/CompVOp Required $
Personal & Advert Required $ ~__
Each Occurrence Required $~_
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ Cl M.lL-
Workers Compensation
Each accident Required $ MiL-
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ 3 M.lL
Aggregate Provided $__,,~
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?
1683
No
No
,,-Yes
.k""Yes
Yes
/Yes
No
~No
/No
No
Provided $ d. "'"_
Provided $ t ,
Provided $ '-'....'
Provided $ n
Provided $~~~
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Exp. Date
Exp. Date
Exp. Date
Exp. Date
Exp. Date
I,
"
i'
Provided $
Exp Date liB /1 D
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Exp Date 1/,' (0
Exp Date I "I
Exp Date ~~__
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Provided $ l {
Exp Date il"~rD
Exp Date ' ;,
~Yes --.- No
Provided $
Provided $_.__.,._
Exp, Date
Exp. Date
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?
Ifattached, expiration date ofbond ____
Does dollar amount match contract?
Agent registered in Florida?
Provided $
Exp Date_
/~
V Yes
Yes
No
No
LYes
Yes
No
7No
Yes
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Yes
Yes
No
No
t-1!(\.
/Yes
.....\L...Yes
_....JL:.Yes
.._~.Yes
/Yes
~Yes
...1.L"- Y es
No
No
No
No
No
No
No
/
/. Yes
No
Reviewer Initials.
Date:
04-COA-0103 /222
A G R E E MEN T 10-5357
1683
for
Vanderbilt Beach Road Landscape Maintenance Phase I & II
THIS AGREEMENT is made and entered into this ~ day of Do> CQ~ In.v- , 20.E1, 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 Vanderbilt Beach Road Landscape Maintenance Phase I & lion an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #10-5357 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 landscape maintenance, as determined by the Project
Manager or his designee. 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
as described in the ITB specifications and/or as shown on the plans, to include medians, side
ROW, retention areas, sidewalks, curbing, guardrails, landscaping, irrigation observation, and
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-
1683
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-
1683
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 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 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. INDEMNIFICA liON: 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-
16B3
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-
1683
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-
1683
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 Contractor shall
Page -6-
1683
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. 10-5357, 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 solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -7-
1683
34.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.
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Page -8-
1683
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, Cler~ of Courts
By_(4u.. ~ O~ .
Dated:",\ O~ .. ... .., .04-
at.. "-.',"" ,
1 0;,_. -t..........
.,0II1....,,~. .r- .-'"'
~II/~
'""" tl< ,. ,. '~
First ~es ,
Type/Print Witness Na e
:]);jU;J-O V/riiir1il1AJ..
Second Witness
~rse Vl~nC"t>uc-t.
Type/Print Witness Name
Approved as to form and
le~f-ilj~ L
Assistant County Attorney
~~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN1)Y' FLORIDA
/ , /
If~ $~
Donna Fiala, Chairman
By:
Hannula Landscaping and Irrigation, Inc.
By: (J~J~~
~ Signature
Dovk F t-\C\t.:IN""l"
Typed Signature
'P1l.e1;le.v+
Title
Page -9-
Item# \LD~3
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Cllent#: 33375 HANLA1 1 h R ~
ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)
10/23/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshare Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103.3303
239 261.3646 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: FCCllnsurance Company
Hannula Landscaping & Irrigation, Inc. INSURER B:
26131 Qualls Nest Lane INSURER c:
Bonita Springs, FL 34135-6930 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTO NSO TYPE OF INSURANCE POLICY NUMBER Do;,t~~J~8~ Pg~fJ,~':b~~N LIMITS
A ~NERAL LIABILITY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE '1 000 000
1L 5MERCIAL GENERAL LIABILITY DAMAGE TO RENTED .100 000
CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .5000
-
X PO Ded:1 ,000 PERSONAL & ADV INJURY .1 000 000
GENERAL AGGREGATE .2 000 000
GEN'L AGG~EnE~L1MIT APMS PER: PRODUCTS - COMP/OP AGG .2 000 000
~ POLICY ~:g: LaC
A ~TOMOBILE LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT
X ANY AUTO (Eaaccident) '1,000,000
~
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X .
NON.OWNED AUTOS (Per accident)
~
PROPERTY DAMAGE .
(Per accident)
~7' LIABILITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG .
A :iJ~SSfUMBRELLA LIABILITY UMBOO062121 01/13/09 01/13/10 EACH OCCURRENCE .3 000 000
X OCCUR 0 CLAIMS MADE AGGREGATE .3 000 000
.
;::! ~EDUCTlBLE .
X RETENTION .10000 .
A WORKERS COMPENSATION AND 001WC08A40029 01/01/09 01/01/10 X I T~2;TI~~~ I IOJ~-
EMPLOYERS' LIABILITY .500 000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE .500,000
~~~tl~~8~~b~~~1~NS below E.L. DISEASE - POLICY LIMIT .500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certlflcate Holder Is Named as Additional Insured as respects to General
Liability Only as needed by contract, per form CG 20 33 07 04
"For any and all work performed on behalf of Collier County."
Collier County Board of County
Commissioners
3301 Tamlaml Trail E.
Naples, FL 34112
CANCELLATION
SHOULD ArN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....30.... DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUT ZED REP SENTATIVE
r
CERTIFICATE HOLDER
ACORD 25 (2001/08) 1 of 2
#S382828/M34 7612
CAH
,. 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
#S382828/M347612
1683
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 liability 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. "Bodily injury", "property damage" or "personal
and advertising Injury" arising out of the render-
ing 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.
Page 1 of 1
o
CG 20 33 07 04
@ ISO Properties, Inc" 2004