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#09-5141 (Hannula, Inc.) A G R E E MEN T 09-5141 for Golden Gate Parkway & 1-75 Interchan~e (66th Street SW to 60th Street) Landscape Maintenance THIS AGREEMENT is made and entered into this 2nd day of December, 2008, 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, FL 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 upon Notice to Proceed and terminating in one (1) year. 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. The awardee will enter into an Agreement to provide complete services for Golden Gate Parkway and 1-75 Interchan~e Landscape Maintenance on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5141 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 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 on-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 "Florida Prompt Payment Act". 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 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. Attn: Dale Hannula 28131 Quails Nest Lane Bonita Springs, FL 34135 Phone: (239) 992-2210 Fax: (239) 498-6818 Page -1- 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: 239-732-0844 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 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 Page -2- convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto 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. This section does not pertain to any incident arising from the sole negligence of Collier County. Page -3- 12 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Page -4- Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, Page -5- appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, CONTRACTOR shall supply competent employees who are physically capable of performing their employment duties. The COUNTY may require the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page -6- B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. 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 make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". Page -7- (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid 09-5141, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -8- 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33. 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. 34. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- 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, Sl~rk of Courts ',... \ .. ,". ~- By ~....L... ....~.i:.-... I 0 C. Dated: . ~ ~.,. . . Atte,t ~~,,~t" , ,t"'.....i' ....' , "" 'I..", . Fi;~~~'";~ ~l>- ~\~ .e- '\'{"\ ffi,,-\ V.l. Type/Print W' ness Name .l....---" JEnn~tikl/-Al<lC(,(' Type/Print Witness Name B n J .~. Signature ~Q\12... \\~~,,~C'_ Typed Signature '-y (" JZ... <" :-. 0 ,,\. Title By: Page -10- EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 09-5141 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full fo rce. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page-11- Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,0 ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5141 KNOW ALL MEN BY THESE PRESENTS That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ 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 _ day of 200_, by , as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No 09-5141 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 $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO 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 Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5141 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_ 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 <---J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims tor impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -21- EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -23- EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workrnanship 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 guarantees for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to F/orida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- ...,,~...... ~3375 HANLA1 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE(IIIIIDDIYYYY) 01109109 PIO_ THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION Gulfahore lnaurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW. Naples, FL 34103 "3303 239261_ INSURERS AFFORDING COVERAGE HAIC. - INSURER A: FCCllnsurance Company Hannula landscaping & InillllUon, Ine. INSURER 8; 2S131 Qualls NeslLane INSURER c: Bonb Sprlnllll, FL 34135-6930 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDiTION OF ~y 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 CLA~ ~ = TYPE OF ..SURAlrrtCE POUCY....-ER PO RA ~ A .!!!.""""LUA81l1TY GL00CHl7391 01/13109 01/13110 ."ENCE 11000.000 ~ COMMERCIAL GENERAL LIABl.ITY TO RENTED .1ooJIOO _ :J- ClAIMS MADE ~ OCCUR MED EXP (Any one pInOI"i) $5 000 X PO Ded:1.000 PERSONAL < AOV INJURY S1 000 000 GENERAl..AGGREGATE $2 000 000 ~AG~En ~LIMITnSPER: PRODUCTS - COMPIOP AGG $2 000 000 POliCY ~~ lOC A ~UABlUTY CA00100451 01/13109 01/13110 COMBINED stNGlE LIMIT !.... NNAUTO (EIlllCddenl) 11,000,000 - AU. OWNED AUTOS BODILY IN.AJRY (!)er~) $ X SCHEDUlED AUTOS HIRED AUTOS aoolL Y INJURY ~ (Perac:eidllnt) $ F- NON-OWNED AUTOS PROPERTY DAMAGE $ (PBr~) ROE L1ABUTV AUTO ONLY - EA ACCIDENT $ AHYAUTO OlliER THAN .. ACe $ AUTO ONLY: foGG $ A EXCEIllUMBREUA UA8IUTY UMB00CHl2121 01/13109 01/13110 EACH OCCURRENCE $3 000 000 t!J"OCCUR 0 Q.J\IMS...". AGGREGATE $3 000 000 $ ~ ~EOUCTlBLE I $ X RETENTION ,10000 $ A WORKERS Cow-ENlATION AND 00lWC08A40029 01/01/09 01101/10 X we STATV-:.I 10TH' EIIPl.OYERS' UABlUTY SSOO 000 ANY PROPRtETORIPARTNERlEXECUTIVE E.L EACH A~DENT OFFICERlMEMBER EXClUDED? E.L. DISEASE - EA EMPLOYEE $500 000 g~~OYI~NSbetow E.l. DISEASE - POLICY LIMIT ,500 000 OTHER DESCRPnON Of OPERATIONS I LOCATIONI/VEHICLES 1 EXCWIIClNI ADDID BY I!NDORIEMeNT IIIIECIAL PROYtIOfS Re: 1-75 C!l Golden Gate Plali.y, Landscape ImprovementColller County Is Nerned as Addlllonal Insured with Respec1s to General LIability per CG2033 0704. "30 days nolice of eancellllllon, axcept 10 days for nonpayment (See AlI8ched Descriptions) Collier County 3301 Taml"",i Trail E. Naple., FL 34112 CANCELLATION IttOULD AHYOF THE AIIOYE DESCRt8EO POUCEI BE CA_" .,... BEFORE THE EXPIRATlON DATE lHEREOF, DIE .........G INSURER MLL ENDEAVOR TO IlUJL -30.... DAYI WRITTEN NOncE TO lItE CERTFtCATE HOLDER NAIlED TO THE LEFT, BUT FAILURE TO DO 10 SHALL IMPOSE NO OBlJQATION OR UABlUTY Of ANY KINO lPON 1lIE INSURER. rrs AGENTS OR CERTIFICATE HOLDER 1IS347S131M347612 Al1VE ACORD 25 (2001108) 1 of 3 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 certificete holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poiicies mey require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endon;ement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), euthorized representetive or producer, and the certificate holder, nor does ~ effIrmatively or negatively amend, extend or elter the coverage afforded by the policies listed thereon. ACORD 25-41 (2001108) 2 of 3 #S3476131M347612 AMS 25.3 (2001/08) .(C~A"o*"1P_1r-'if" 3 of3 #S3476131M347612 I!' 16812 MEMORANDUM TO: FROM: Ray Carter Risk Management Department/::) Rhonda Cummings, FCCN, CPPB, Contract speCialispl /J. Purchasing Department t~~ DATE: January 8, 2009 RE: Review of Insurance for Contract: #09-5141 "Golden Gate Parkway & 1-75 Interchange (66th Street SW to 60th Street) Landscape Maintenance" Contractor: Hannula Landscaping and Irrigation, Inc. This Contract was approved by the BCC on Decembe~, 2008; Agenda Item 16.8.12 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC DATE RECEIVED JAN 0 9 2009 ~,~./ p<.. L t. L/ rr7J1H/)i tf~ i : 1/1/09 C: Darryl Richards, A TM -,vww.sunbiz.org - Department of State Page 1 of2 16B12 Previou~on List Next on List Return To List Eve.11ts Nam1t.HIstory Detail by Entity Name Florida Profit Corporation HANNULA LANDSCAPING AND IRRIGATION, INC. Filing Information Document Number P92000010592 FEI 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 Officer/Director Detail Name & Address Title PST HANNULA, DALE F 28131 QUAILS NEST LANE BONITA SPRINGS FL Annual Reports Report Year Filed Date 2006 04/17/2006 2007 04/30/2007 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=P9200001059...1 18/2009 'v'Vww.sunbiz.org - Department of State Page 2 of2 2008 04/28/2008 16B12 Document Images 07/1~f;W_Q.~--=. Nam~.C.b.cmg~ 04t:2~/2QO~. =ANNlJALREPQRI 04/30/2007=ANNUAL REPORT lML17f2QQ.g--=. AN N LJ.8.!...R.EP.OBI 04/29/2005 -- ANNUAL REPORT lMI28J2QQ4...:::.j\N tilJ_~l.REEOR1 04I2Ql2QJ):.} =.ANNJ16L B.EPQEn QQ/1Qf2QQ2--=.ANJ'!.lJAl"BEPORT 05/02/2001 -- ANNUAL REPORT 05/16/2000 -- ANNUAL REPORT 05/03/1999 -- ANNUAL REPORT 05/Qili1~9JL--.ANNUAL REPORT 04/29/1997 -- ANNUAL REPORT OQ/Ol/1996..=AN.NlJ6l.BE.PQRI QQ/O 1/199Q=ANNlJAl"BEPORT I Note: This is not official record. See documents if question or conflict. Preyjo!,lson List Ne~t on List Return To List Events Name.. HistolY Home Contact us Document Searches E.Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=P9200001059...1 18/2009 - -1-0 B 1 2 .. (Requestor's Name) 11111~lllllllnllll 900133055959 (Address) (Address) (City/StatelZip/Phone #) 0-/'/1 :::'/08--010:::7--004 it::+. 1 OS. 00 o PICK-UP 0 WAIT o MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of status ..~ .-I.."p . cg ~f1'\ ~ r- (':) (..., Y.~. ~ ~.;..\ P-p - 4F.I.~,. cP i.fl ,", ~o ~ . 'H -:s. -,"\ (." r.'~ ce ~~ &" c;r~ r-J -(..... .~ ~ .--- \:' rt'\ o Special Instructions to Filing Officer: Office Use Only ~%D~ t')\ ~ A COVER LETTER 2- AMCNCMEN'...$ }./-rACl--I e.b -1"1-2 TO: Amt::lldmenl Section Division of Corporations . ,- NAM:E 01<' CORPORATION: -.1J A N N V 1 ^ LA NOse,. p, N ~, I J...J '- . DOCUMENT NUMBER: P '1 2 00 0" / Dr '7 .2,. A.. H c3 .fX11::'> 000 " s c/iJ 3 c; The enclosed Artkle~ of Amendment and fee are submitted for filing. -' . \.VI>, ~ ,', ;^, > Please return an correspondence concerning this matter to the following: DAIF! f-1AN~V IA (Name ,)f C')llillCl Person) ~t.t-.I~V ',A. l,;4NPSC.AP''''C. "A.MI) (Finnl Company) I t.tt ,~ 4 "(II) ,.J J N L I ;Jb/31 Q VA , / oS Nt:-s--r (A-N. t::" C^ddress) 10N17.A ~flL.lN~S J (.2L :lV-I SJ (Cityl St,,1\.: anu'Zip Co:>de) For further information concerning this matter, please call: bA-/e- J-i~ N~ r;J / A ate 0231 ) "79..2-.:J. J..I c) (Area Clld~ &.. I)aylime Telephone NUmnel'! (NlIlTle "rCl1n\~mt PCl':',m) Enclosed is a check for the following amowlt. 0$35 Filing Fee 0$43.75 Filing h:c & Certificate of Status 0$'13.75 Filing Fcc &. CeJ1lfiet! Copy (^dditional copy is enclosed ) ;x$ $52,50 Filing Fee Certificate of Status Certified Copy (AdJitional Copy is I.:nc!llse<l) )if. Mailin!! Address Amendment Section Division of Corporations P,O, Box 6327 Tallahassee, FL 32314 Street Address Amendment Section Di vision of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 323m x 2 AME?-JOMeN'TS ....-- l 0 T~ l.. -It 00 loS 16B12 Articles of Amendment to Articles of IncorpOI'ation of ANNvlA ~NP.:sc..API,J," (Nnme of corporation as clUTent!y filed with t.lJ.e Florida Dept. Ph 3: ~2 ,.. "".". "..... . f"t!/"ArC I?/{J ,.' -pC} l D ODD lOSe; ~ (DOCUlnt:IlL numb~r of corporation (if }"nown) Pursuant to the provisions of section 607.1006, Florida Statutes, this Florida Profu Corporatioll adopls the rollowing amendlllent(s) 10 its Articles ortncorpol'ation: NEW CORPORATE NAME (if chan2in2): J-JANtoIU 11\ lANDSCAPIN b A1oJJ> JlLfl'b.4710rJ I J N C ~ (Must contain the word "corporntion," "company," or "incorporated" or the abbreviation "Corp.," "Inc.," or "Co. ") (/\ professional corporation must contain the word "chane-red", "protessional association," or the abbreviation "1'.A.") AMENDMt:NTS ADOPTED- (OTHER TfL\N NAl\1E CHANGE) Indicate Article Number(s) and/or Article Titlc(s) being amended, added or deleted: (BE SPECIFIC) (Attach additional pages ifm:c~:;saI)') I f an amendment provides for exchange, reclassification, or cancclJation of issued shares, provisions for implementing the amendment ifnot contained in the amendment itself: (ifnut applicable, indicateN/Al tJ I A (continued) 16B12 . The date of each amendment(s) adoption: :rUL'(' / I 2006 , Effective date if applitable: J UL " 11..1 00 6 (no more th.,n 90 days ~ftcr :lmcndmcnt file date) Adoption of Amendment(s) (CHECK ONE) J)Z1 The amendment(s) was/\vere approved by u1e shareholders. The number of votes cast for the amendment(s) by the shareholders was/were sufficient for approval. o The amendment(s) was/were approved by tho shareholders through voting groups. The following statement must be separate(v providedfor each voting group entitled to vote separately on the amendment(.~): "TIle number of votes cast for the 3rncndmcnt(s) waos/were sufficient for approval by " i,voting group) o The amendment(s) was/were adopted by the board of directors without shareholder action and shareholder action ,vas not required. o The amendment(s) was/were adopted by the incorporators without shareholder action and shareholder action was not required. Signanrre o~~~ (By a director, president or 0 er officer - if directors or officers hlfVe not been selected, by:m ine"rpor:llnr - ifin the h:mtl~ of (ll'ecei\"er. tI1L~lce.llr Olh<lr c,~urt appointed fiduciary by that fiduciary) DA I ( {r4; b fA.lr.. r:. I-iA N N V II\- (Typed or print~d nume of perS(TJ] ~;gning) fILes I ~eNT (Title of person signing) FILING FEE: $35 Client#: 3. , ~LA1 1/...01') A CORDw CERTIFICATE OF LIABILITY INSURANCE 01 ~A .... 11/13/2008 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road N, #100 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 NAIC# INSURED INSURER A: FCCllnsurance Company Hannula Landscaping, Inc. INSURER B: Hannula Irrlgatlon,lnc. INSURER c: 28131 Quaffs Nest Lane INSURER D: Bonita Springs, FL 34135-6930 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE JNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVv1THSTANDING NN REQUIREMENT. TERM OR CONDITION OF AN( CONTRACT OR OTHER DOCUMENT WlTH 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. TYPE OF INSURANCE . POLICY NUMBER POLl~1IEFFEg~E Pg~!fllirr.tbRG'~N LIMITS ji. LTR NSR DATE MMlDD A ~NERAL LIABILITY GLOO067391 01/13/08 01/13/09 EACH OCCURRENCE $1,000.000 /..J!>>, X COMMERCIAL GENERAL LIABILITY ~~~U9E~~~nc.s\ $100,000 I CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $5.000 x.. PD Ded:1,OOO PERSONAL & AOV INJURY 51.000.000 - GENERAL AGGREGATE 52.000.000 ~'LAGG~En ~~: APnS PER: PRODUCTS - COMP/OP AGG 52.000.000 POLICY JECT LOC A ~roMOBILE LIABILITY CAOO100451 01113/08 01113/09 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea acddenl) I-- ALL OWNED AUTOS SODIL Y INJURY $ SCHEDULED AUTOS (per person) I-- ~ HIRED AUTOS BODILY INJURY $ ~. NON.OWNED AUTOS (per accident) PROPERTY DAMAGE $ (per accident) RRAGE LIABILITY AUTO ONLY. EA ACCIDENT $ my AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A tiJESSIUMBRELlA LIABILITY UMBOO062121 01/13/08 01/13/09 EACH OCCURRENCE $3 000 000./ X OCCUR D CLAIMS MADE AGGREGATE $3 000 000 $ ~ ,DEDUCTIBLE $ X RETENTION $10000 $ A WORKERS COMPENSATION AND 001WC08A40029 01/01/08 01/01/09 X I T~~.;lfMWs I IO~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT $500,000 #lY PROPRIETORIPARTNER/EXEClITIVE OFFICERlMEMBER EXCLUDED? E,L. DISEASE. EA EMPLOYEE $500,000 If yes, dascn'be under E.L DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS b6low OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: ITB#09-5141'. "Golden Gate Parkway & 1.75 Interchange (66th Street SW to 60th St) Landscape MaIntenance" , Collier County Board of County Commissioners Is Named as A~dltlonallnsured As Respects to General LIability Only per CG2033 0704 & CGL021 0403. *30 days notice of cancellation, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD AAY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUINClINSURER WILL ENDEAVOR TO MAlL -!3..0. DAYS WRITTEN 3301 East Tamlaml Trail NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Building IMPOSE NO OBLIGATION OR LIABILITY OF AAY KIND UPON THE INSURER, ITS AGENTS OR Naples, FL 34112 REPRESENTATIVES. AU~~~ED ;;gSENTATlVE ~~~~~ ACORD 25 (2001/08) 1 of 3 #S344304/M326961 JPE @ ACORD CORPORATION 19B8 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-S (2001/08) 2 of 3 #S344304/M326961 ~',J,~{i.'1~i\:'~~;,:JpE~CRIPTIQN~(q;qb~inY~~.frgtn;e~~~1I.. .... except 10 days for nonpayment, The umbrella extends the limits of generalllablllty, automobile liability, and employers liability. V'. 3 of 3 #S344304/M326961 Client#: 3. ~LA1 ACORDnJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMJIlDNYYY) 11/13/2008 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 Gulfshore Insurance, Inc. 4100 Goodlette Road N, #100 Naples, FL 34103.3303 239 261-3646 INSURERS AFFORDING COVERAGE INSURER A: FCCllnsurance Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC# INSUReo Hannula Landscaping, Inc. Hannula IrrIgation, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135-6930 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING IWY REQUIREMENT, TERM OR CONDlTION 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 P~LJ~~I'!:.~g~E Pg~!flITlr.t6RC'~N LIMITS ATE MM/OD A ~NERAL LIABILITY GLOO067391 01/13108 01113/09 EACH OCCURRENCE $1 000 000 JL =rMERCIAL GENERAL LIABILITY :=10 TO RENTED $100 000 PEES f-- ClAIMS MAOE [Xl OCCUR MED EXP (Anyone person) $5 000 X PD Ded:1,OOO PERSONAl & AOV INJURY 51 000 000 GENERAL AGGREGATE $2 000 000 n'LAGG~En ;~: APM PER: PRODUCTS - COMP/OP AGG 52000 000 POliCY JEeT LOC A ~TOMOBILE LIABILITY CAOO100451 01/13/08 01/13/09 COMBINED SINGLE LIMIT ,K. ANY AUTO (Ea aeadent) $1,000,000 f-- ALL OWNED AUTOS BODILY INJURY (per person) $ f-- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ ~ NON.OWNED AUTOS (per ace/dent) PROPERTY DAMAGE $ (per ace/dent) RRAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ A [iJESSIUMBREllA LIABILITY UMBOO062121 01113/08 01/13/09 EACH OCCURRENCE $3 000 000 X OCCUR D ClAIMS MADE AGGREGATE $3.000.000 $ ~ DEDUCTIBLE $ X RETENTION S 10000 5 A WORKERS COMPENSATION AND 001WC08A40029 01/01/08 01/01/09 X I WC STATU, IOJ~' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 5500,000 ANY PROPRIETORll'ARTNER/EXECUllVE OFFICERfMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE 5500.000 If~es. describe under E.L. DISEASE. POLICY llMIT $500,000 S EClAt PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: ITB#09.5141- "Golden Gate Parkway & 1-75 Interchange (66th Street SW to 60th St) Landscape Maintenance" > Collier County Board of County Commissioners is Named as A~dltlonallnsured As Respects to General LIability Only per CG2033 0704 & CGL021 0403. *30 days notice of cancellation, (See Attached DescrIptIons) CERTIFICATE HOLDER CANCELLATION Collier County Government 3301 East Tamlami Trail Purchasing Building Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...!3.0.. 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 IZED REP ESENTATlVE ACORD 25 (2001108) 1 of 3 #S344304/M326961 JPE @ 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 3 #S344304/M326961 OESCRIPII()N.~(q~nti.t1l1~~frpIl1P~g~1.1< except 10 days for nonpayment, The umbrella extends the limIts of generalllablllty, automobile liability, and employers liability.