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#10-5387 (Ground Zero Landscaping Services, Inc.) A G R E E MEN T 10-5387 for Bavshore MSTU Roadwav Grounds Maintenance THIS AGREEMENT is made and entered into this 9th day of February, 2010, 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 Ground Zero Landscaping Services, Inc., authorized to do business in the State of Florida, whose business address is 1907 Fairfax Circle, Naples, Florida 34109 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on February 9, 2010 and terminating February 8, 2012. This contract shall have two (2) 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 Bayshore MSTU Roadway Grounds Maintenance as may be required by the Owner in accordance with the terms and conditions of Bid #10-5387 and the Contractor's proposal, which is incorporated herein by reference and made an integral part of this Agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated annual amount of fifty-six thousand eight hundred eighty dollars ($56,880.00), based on the unit prices set forth in the Contractor's proposal and Exhibit A attached hereto and incorporated herein by reference, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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, 10-5387 Page -1- Bayshore MSTU Roadway Grounds Maintenance 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: Ground Zero Landscaping Services, Inc. 1907 Fairfax Circle Naples, FL 34109 Attention: Aaron Gross Telephone: 239-821-3472 Facsimile: 239-597-7365 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 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 10-5387 Page -2- Bayshore MSTU Roadway Grounds Maintenance 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 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 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 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. 10-5387 Page -3- Bayshore MSTU Roadway Grounds Maintenance 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 ten (10) days prior to any expiration date. There shall be a ten (10) 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 Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. PAYMENTS. Payments will be made upon receipt of a proper invoice and in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act". Payments will be made no more often than once every thirty (30) days. 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of 10-5387 Page -4- Bayshore MSTU Roadway Grounds Maintenance 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. 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 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. 15. 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 10-5387 Page -5- Bayshore MSTU Roadway Grounds Maintenance 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. 16. 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. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. 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. 19. 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. 20. 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. 10-5387 Page -6- Bayshore MSTU Roadway Grounds Maintenance 21. 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. 22. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 23. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Bayshore Community Redevelopment Agency. 24. 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, Exhibit A, Insurance Certificate, and Bid NO.1 0-5387. 10-5387 Page -7- Bayshore MSTU Roadway Grounds Maintenance 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to 10-5387 Page -8- Bayshore MSTU Roadway Grounds Maintenance resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person who would make the presentation of any settlement reached at mediation to Owner's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. 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. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. 10-5387 Page -9- Bayshore MSTU Roadway Grounds Maintenance 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:. oJ,~. 'it .. '\ ;,) Dwight E:Bro9k, .Clef~:9f Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ Fred W. Coyle, Chairman By: . ._ Dated~~~ayM\ . ~ .~D ~.JilSi~"h... . .t...... .... Gro ping Services, Inc. By: Si ture \\~(\.() ~ S' 19 \O~'? TYP~ Signature ~So Title ~~d as to form and '2;7Il2j~L Assiotant County Attorney ~~ s:: C4 If J2 --U-A-.?'-- Print Name 1 0-5387 Page -10- Bayshore MSTU Roadway Grounds Maintenance EXHIBIT A Unit Prices A. Service Area No. 1 Unit Price Those areas where curbing, landscaping and irrigation systems have been installed to date, being located as follows: 1. All medians on Bayshore Drive from US 41 to Thomasson Drive. - (Median #1 through Median #22). 2. Both sides of Bayshore Drive to the East and West R/W lines excluding the Triangle at US 41. $4,350.00/month B. Service Area No. 2 $250.00/month Those areas which contain limited landscaping material and no irrigation system. 1. Bayshore Drive south of Thomasson Drive to the intersection of Holly Avenue: right of way mowing on an as needed basis. c. Service Area No.3 $15.00/month Those areas which contain limited landscaping material and no irrigation system. 1. Thomasson Drive between the intersections of Palmetto Court and Dominion Drive: right of way mowing on an as needed basis. D. Service Area No.4 $125.00/month Those areas which contain limited landscaping material and no irrigation system. 1. Lunar Street ROW triangular area between the intersections of Lunar Street and Half Moon and Full Moon Courts: right of way mowing on an as needed basis. 10-5387 Page -11- Bayshore MSTU Roadway Grounds Maintenance 03/01/2010 13:52 FAX 941 924 8799 AL PURMORT INS III 001 ACQRD.. CERTIFICATE OF LIABILITY INSURANCE ~IPX I DATE (MMltJIlIYYYY) tJZ-1 02/27/10 PROtJUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFOR~TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Al Pur.mort ~uBurance, ~:nc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3340 Bee Ridge Road ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Sarasota PL 34239 Phone: 941-924-3808 Pax:941-924-8799 INSURERS AFFORDING COVERAGE NAle. .. INSURED INSURER A: Ciucinnati, ~usurance Co 1067?_ INSURER B: Gr~ Zero Landscapiug INSURJ;R c; Serv eef ~nc 1901 :Fa rfax Cir INSURER 0: Nap es :FL 34109 - INSlJRER E: COVERAGES THE POLICIES OF INSURANCE L1S'l'iOO BELOW HAVE DEI;H ISSUED 10 THE INSVRlitl NAMeO ABOVa FOR THe 1'01ICY PERIOD INDICATeD. NOTWITHSTANDING ANi REOlJIREMCNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY alii ISSUeo OR MAY PERTAIN, THE INSlJRANCl: AFFORDED BY THE POLICies DESCRIB!iD HERJ;IN IS SUBJECT TO ALL THE TiRMS. EXClUSIONS AND CONomoNS OF SUCH POLlellOS, AGGREGAre LIMITS SH~ MAy HAVE BEEN ReDUCED lilY PAID CLAIMS. DA""E~' Il~ ~Jr~ "- TYPE OF INSURANCE POLICY NUMBER DATE 'MMII'lnIY' UIlI'I'$ ~N5RAl. I.lABluTY EACH OCC~CE s1000000 ~m$~sY~~cel . '.. A X X COMMERCIAL G/iilIIERAL LIABILITY CAP5136080 08/01/09 08/01/10 s 100009__ l CLAIMS MADe jj] OCCUR MED EXP (Any one pcr$OO) li 5000 f-- PERSONAL & ADV INJURY s 1000000 - GENERA~ AGGRESAre $2000000 '- ~'LAGGREGAlli I.IUIT nS PER: PRODUCTS-COMProPAGG $200Q~OO POLICY I I ~ LOC ~OMOBILE UA8lU't'/' COMBINED SINGlE LIMIT s 1000000 A ..!. ANY AUTO CAAS136080 08/01/09 08/01/10 (Ei!J Dc;i*nl) " .. - ALL OWNED AUTOS DODIL Y INJURY $ SCHEDULED AUTOS (Per person) - - - HIR8;l AUTOS BODILY INJURY (Per ;lQdd6l11) $ NON-OwNEO AUTOS - - f-- Pf<<)l'ERTY DAMAGIii $ (Pet ~ccidenll GARAGE I,IA8IUTY AUTO ON~ V - eA ACCIDENT $ R ~Y AllTD ,,- OTHER THAN EAACC S AUTO ONLY: AI3I3 5 EXCESSlUMBRELI.A LIABIUTT EACH OCCUAAefCe ,1000000 !S OCCUR D CLAIMS MADE .., .- A C1\P51360BO 08/01/09 08/01/10 AGGREGATe $ 1000000 1---. S ~ DEDUCTIBLE S . " X RETENTION $0 S WOfOOiRS COMPENSATION ANtI I TORy UMn;S I Ill~1t EMPLOYERS' LlABIlJTY /\Ny Pt\OPRlETORiPAATNIiiRll!)(!CUTIVE I;.L. EACH ACCIDENT $ OFFlCEMAEMElER EXCWOED? E.L. DISEASE. IiA IiiMPLOYEE S If~""'d!llCl'IlleUllllet .- S ECIAL PROVlSION$ boloYt E.L. DISEASE. POUCY UMIT $ OTHER cescRIPTION OF oPERATIONS I LOCATIONS I YEMCLliS J &XCI.U$IONS ADDED BY ENDORSEMENT I SPECIAL I'ROVlSlOHS Contract #10-5387 The Bayshore MSTU Roadway QrouuQS Mainte:nance. Certificate ho1der ~B additional insured ~ith ~egards to gene1"al liBbiHty. CERTIFICATE HOLDER CANCElLATION COLLeO 3 SHOUl.D ANy OF THE "love DESCRIBED POLICIES BE ~""m IlEFORE THE EXPIRATIO DATE THEREOF. THE ISSlING INSURER WIll ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CBmFlCATE HOLDER NAMeD TO TJoE; LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBI,IGATION OR L1ADIUTY OF ANY IOND UPON THE I~ ITS AGENTS 011 RrPItE$I!NTATIItES. RIZI!D s Collier County Board of County C~BsioDers PurChasing n.partment 3301 B Tamiami ~rail >>aples FL 34112 A.CORD 25 (2001108) , 3/1/2010 13:35 LIon Insurance LION INSURANCE COMPANY..GROUND ZERO 1/1 Date CERTIFICATE OF LIABILITY INSURANCE 3/1/2010 Producer: Lion Insurance Company This Certlflcats Is Issued as a mattsr of Information only and confers no rights upon the Certlflcats Holder. This Certlflcats does not amend, extend or altsr 2739 U.S. Highway 19 N. the coverage afforded by the policies below. Holiday, FL 34691 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Compa ny 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 Insurer c: Insurer D: Insurer E: Coverages The po ICles of Insurance listed below nave been ISSUed to the Insured named above Tof1fiepollCY penod InaiCatOcr NOl'Mtnstanding any reqUirement, term or condlbon 0 any contract or otner aocument wiln respect to willen thiS certificate may be Issued or may pertain, the insLrance afforded by the poliCIes described herein is subject to all the terms, exclUSions, and conditions of such po~cles_ Aggregate limits shown may have been reduced by peld claims INSR ADDL Policy Number Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Date (MM/OONY) (MMIDOIYY) ~NERAL LIABILITY Each Occurrence ~ :immercial General Liability Damage to rented premises (EA ~ Claims Made 0 Occur occurrence) .... Med Exp ~ Personal Adv Injury peneral aggregate limit applies per: t:l Policy o Project 0 General Aggregate LOC Products - ComplOp Agg ~UTOMOBILE LIABILITY Combined Single limit ~ (EA Accldentl Any Auto I- Bodl ~ Injury All Owned Autos ~ (Per Person) Scheduled Autos ~ Hired Autos Bodl ~ InjUry ~ (Per ACCIdent) Non-Owned Autos ~ Properly Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence R Occur o Claims Made Aggregate Deductible A Workers Compensation and we 71949 01/0112010 0110112011 XIWCSlatlJ.. I 10TH- Employers' Liability tON Limits ER Any proprietortpartner/executive officerlrnember E.L. Each Accident $1.000,000 excluded? E.L. Disease - Ell. Employee $1.000.000 If Yes, describe under special provisions below, E.L. Disellse - Policy Limits $1.000.000 Other Uon Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of OperatlonslLocatlonsNehlcles/Excluslons added by Endorsement/Special Provisions: Client 10: 37-66-375 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company": Ground Zero Lendscaping SelVices Inc. Coverage only applies to injuries incll"red by South East Persomel Leasing, Inc. active employee(s) I while working in Ronda. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: JOB # 10-5387, BAYSHORE MSTU ROADWAY GROUNDS MAINTENANCE, COLLIER COUNTY, FL FAX: 239-597-7365/ISSUE 03-01-10 (SO) Ri>nin Date: 4/1I1?OO5 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Should any of the above desert bed policies be cancelled before the expiration date thereof, the issuing Insurer will endeavor to mail 30 da')ls 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. 330 T AMIAMI TR. E. ~ ~--- NAPLES, FL 34112 r-- ITEM NO.: to _f>~~O\ SDY DO NOT WRITE ABOVE THIS LINE DATE RECEIVED:~ (LIS ~CI~ ~ ~ -r- ~ ll~ ~jYl, ~ L-{ ) cY~/g ,0 FILE NO.: ROUTED TO: r- ., REQUEST FOR LEGAL SERVICES ;~)~, ~ -;-': ~'0, - \ \ :_..J Date: March 2, 2010 1 C:'i r.' To: Office of the County Attorney Jeff Klatzkow, County Attorney c) From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~T J) w. .3/ 'f } Ib 0.... Re: Contract: #10-5387 "Bayshore MSTU Roadway Grounds Maintenance" Contractor: Ground Zero Landscaping Services, Inc. BACKGROUND OF REQUEST: -, This Contract was approved by the BCC on February 9,2010; Agenda (~ Item 16.G.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: David Jackson, A TM www.sunbiz.org - Department 0" 'ate Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntityName Search Events No Name History Detail by Entity Name Florida Profit Corporation GROUND ZERO LANDSCAPING SERVICES INC. Filing Information Document Number P00000037162 FEIIEIN Number 593639377 Date Filed 04/12/2000 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 09/27/2007 Event Effective Date NONE Principal Address 1907 FAIRFAX CIRCLE NAPLES FL 34109 Mailing Address 1907 FAIRFAX CIRCLE NAPLES FL 34109 Registered Agent Name & Address GROSS. AARON 1907 FAIRFAX CIRCLE NAPLES FL 34109 Officer/Director Detail Name & Address Title D GROSS, AARON 1907 FAIRFAX CIRCLE NAPLES FL 34109 Annual Reports Report Year Filed Date 2007 09/27/2007 2008 08/27/2008 2009 06/16/2009 Document Images Q6!.1.6/2009=-AN.N.UAI",.REPQBI http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=P000000371...1/29/20 1 0 www.sunbiz.org - Department or '~ate Page 2 of2 Note: This is not official record. See documents if question or conflict. Q~!2Z!2QQ~=-ANNUAl".RI;PQRI 09L?~L~QQL=_RJ:INST A T~MENT QZl.:lJJ2QQg_=-Ar~.LNu.AL..R.I;PORI Q6l30/2005 -- ANNUAL REPORT Q1/28/200~L=-At>JllIJLA..1 REPORT 02/03/2003 -- ANNUAL REPORT Q3/131~Q02_::_..ANNUAL REPORT 07/26/2001 -- ANNUAL REPORT 04/1~/2000 -- Domestic Profit Previous on List Next on List Return To List IEntity Name Search Events No Name History I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=P000000371...1/29/20 1 0 MEMORANDUM TO: Ray Carter Risk Management Department FROM: , Lyn M. ~ood, C.P.M., Contract Specialist ~.~. Purchasing Department ,) U March 2, 2010 DATE: RE: Review Insurance for Contract: #10-5387 "Bayshore MSTU Roadway Grounds Maintenance" Contractor: Ground Zero Landscaping Services, Inc. This Contract was approved by the BCC on February 9, 2010; Agenda Item 16.G.3 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW OATE REcrlVEO MAR 0 3 2010 C: David Jackson, ATM mausen_g From: Sent: To: Cc: Subject: RaymondCarter Friday, March 05, 2010 2:32 PM LynWood mausen_g; DeLeon Diana; JacksonDavid Contract 10-5387 "Bayshore MSTU Roadway Grounds Maintenance" All, I have approved the certificate(s) of insurance provided by Ground Zero Landscaping Services, Inc. for contract 10- 5387. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~ Cah.t.eh. Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 RLS # J 0 - -P fZt - 0 I ,5""" () tf CHECKLIST FOR REVIEWING CONTRACTS Entity Name: ~\Ol,A..l'\d Lero Lc::Li\dSC"--f"Y\j S~rv:ces;,J '.1-,f\C Entity name correct on contract? /' Yes No Entity registered with FL Sec. of State? ~Yes No 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 MIL Products/CompVOp Required $ I' Personal & Advert . Required $ Each Occurrence Required $.;;L """ L Fire/Prop Damage Required $ :l. 1'-\ \L Automobile Liability _ Bodily Inj & Prop Required $ c;l \--\ \ L Provided $ Workers Compensation .5 TI\-rV.T6i-'f Each accident Required $ ~ ~ I L Provided $ Disease Aggregate Required $ Provided $ Disease Each Empl Required $ Provided $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability . / I fY . Each Occurrence Required $ ~ Provided $ Per Aggregate Required $ II Provided $ Other Insurance . \ j f( . l/' K Each Occur Type: r" _ Required $ r:_ Provided $ Provided $ Provided $ Provided $ Provided $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? 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? LYes -jr ~;: --;;r Yes ~t-\\L " J l'-\\L I N.'~ I 00 000 / I tv\ \ L MIL II It tv\\L Exp Date Exp Date Yes \ L Provided $ I Yes ~Yes /Yes Yes / Yes Yes ~Yes ----L- Y es "/Yes ~Yes ~Yes Yes No No No No Exp. Date ~ I, to Exp. Date II Exp. Date II Exp. Date II - C Exp. Date i / -(' Exp Date if Ii liD ~ S I /11 ;'<~ ~ II~ ~: ~~-v Exp. Date Exp. Date NI)r-J E: Exp Date_ No No No ~No Yes / No Yes Yes No No ~No ? r ;5. t~cf ( v No - ~ . f (4- - . ~5 res\Qc.,,\\ _No C _No r;\S-l-e.i;:.c( oJ D \'r(~c+o r- _No No No ~r~ LNo/ ~ ~ Reviewer Initials: I<!:-- Date: .."5/ }-' j / D 04-COA-0 I 030/222 MEMORANDUM Date: March 9, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10-5387: "Bayshore MSTU Roadway Grounds Maintenance" Contractor: Ground Zero Landscaping Services, Inc. Enclosed is one original contract, referenced above (Agenda Item #16G3), approved by the Board of County Commissioners on Tuesday, February 9, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (1)