Agenda 11/09/2010 Item #16B 3
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Nove,mber 9. '20ft>,
" > Page, 1qf16 .
E~CUTIVE S~r
0,
R~.datkmtoapprove tbeexpenditure of Bayshore~..8~'''''-for
elllel'Plltservk:es pereontraetNo. 10-5387 for Bayshore ~D.MS'bl,~ay
GroudsMtPateDa.n~e(F.u 163 Fiscal IDlpaet: Estimated Aaa....'.lxpellditllre $25,"..
, -".
!l!Bm'.IU: . To- obtain approval trom the Board of. County ColDl1\issioners to appr'Qve.~
expendi~ofBays~.leautification MSTU funds for em~gentservices.!per ContrietNo. 10-
5381 with Ground zet-oLandseape, Services, Inc."for<>>ntxactua1 se.tvi~.for.roadway,:landscape
and itrigationtnai.ntenance services for th~ Bayshore BeautificationMSW.
~O.III&tiJl9NI:. ,The Bayshore.B~utificationMSTU.is re8pQ.ibleror thei~io~
maiAtenat1ce andt:ePair of the installed landscapeandinigatiQn ~within theBa~
Beautification MS'ftJ\x)'tiIlldary. . To maintain, replaceandlor repair ~c;tationand undet~
inigatiQn systems, theMSTU retains a qualifiedcotnJNmy to pexfotnl, routine, scheduIe4 and
, landscapto, telau,d. services.
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(
~ ~ard()fCovntyCo~lssioners approved the award ofCont1"aCttio. io..S381'onF~9,l
201Q,to.GroundZt'roLat1dscape Services, Inc., to provide apnual~maintenance~~s .
. in · the amount of $56,880. The MSTU's advertis<<\ bid dOeum~ts andaubsequent Ground~o
contract detailed the 'need for emergent services above andbeyondroutitle .~" scheduledser.vi~; .
however the agenda, executive summary. did not clearly identity the. needed~ent~.or
the potential for additionale"P~nditure ofMSTUfundsfor th()se~ces. .
The Bayshore BeautW_ion MSTU Advisory Comnrlttee is reque$tingtheB~ approve, and
clarifyU1it,. inaccon:la.ncc with the .Ground Zero landscape maintenance. .eement,tbat~et'gent
servicesnlaybeapproved and paid by the CRAlMSTUstaffon an"asneedednb_.;.~e,nt
servi.ce$inclU<ie: emergency repairs to irrigation andel~gdsystems~;replacernentof~
irrigation and. vegeUi.tioll. due to vehicle 'accidents. and vandalism, removalaild ,replaceme1'ltof;diad ".
or dying plants and vegetation or damaged by, weather, as weU as in1prQvingplants andp~
areas.
FISCAL 11\W~~:" Adequate funds .~. available in FY20n BayshoteBeautificatiol1 MSTU
Fund 163 operating budget to cover the annual bid~unt of$56,880 and up to an estimated
$25~OOO for emergent services.
~A{.., cQ~sm~TIP~~: This- item has been reviewed and approved by the Colltlty
Attomey'sOftice and is legaIly sufficient for Boar~lactiOIr--SRT. .
GI\Q\\iB ~~G~Nr WfACT: Thereis.no ($wthManag~ent bnpact~ed
with this Exeeutive . SlltPmary.
_: That the Board of County Commissionersam-oves theexpend\tureof
. .Bayshore' Beautification. .MSTU tUndsfor emergent ,services per Contract No. 10-5381 for
Bayshore Beautification MSTU ~<.1rounds ~teJWlCe (Fund 163 Fiscallnlpact:
eshlJud:t"1f annually $25,000). .
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.Prepare<l by: David-B~t:ProjectManage;r,BaYshore BeautifieationMSTU/CRA
Agenda Item No. 1683
November 9,2010
Page 2 of 16
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B3
Recommendation to approve the expenditure of Bayshore Beautification MSTU funds for
emergent services per Bid No. 10-5387 for Bayshore Beautification MSTU Roadway
Grounds Maintenance (Fund 163 Fiscal Impact: Estimated Annual Expenditure $25,000).
11/9/2010 9:00:00 AM
Meeting Date: .
Prepared By
David Buchheit
Project Manager
Date
Transportation Division
Transportation Planning
10/27/20102:16:52 PM
Approved By
David Buchheit
Project Manager
Date
Transportation Division
Transportation Planning
10/27/20102:04 PM
Approved By
Steve Carnell
Director - Purchasing/General Services
Date
Administrative Services
Division
Purchasing & General Services
10/27/20103:23 PM
~ Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Division
Purchasing & General Services
10/27/20103:48 PM
Approved By
David Jackson
Executive Director, CRA
Date
10/27/20105:14 PM
Approved By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 10/28/20108:39 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 10/28/201010:40 AM
Approved By
Jeff Klatzkow County Attorney Date
10/28/20102:40 PM
~ Approved By
Therese Stanley Manager - Operations Support - Trans Date
Office of Management & Office of Management & Budget 10/30/2010 11 :50 AM
Budget
Agenda Item No. 16B3
November 9, 2010
Page 3 of 16
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
10/30/201012:38 PM
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Agenda Item No. 16B3
November 9,2010
Page 4 of 16
...-......
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 Agr~m~l"!t for up to one hundred eighty (180) days. The County
Manager, or his designee, shalf 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". '
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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
Agenda Item No. 1683
November 9,2010
Page 5 of 16
by fax, e~mail, or by, th~ United States Postal Service Department{ first class mail
service, postage prepaid; addresSed to the following Contractor's addreSs of record:
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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
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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 Contr~ctor. 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 p~rmits.
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
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10-5387 Page -2-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No. 1683
November 9,2010
Page 6 of 16
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the'Workor portions thereof, Which are 'applicable during the peiformance 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.
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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 DISCRIMINA liON: 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 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. '
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10-5387 ' Page -3-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No. 1683
November 9,2010
Page 7 of 16
Soecial Reauirements: Collier County Board of County Commission19rs'sJ1all 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 (1 D) 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 (3D) 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 indi~ation that the Work
will not be completed within the Contract Time; (f) unsatisfactory prosecution of
10-5387 Page -4-
Bayshore MSTU Roadway Grounds Maintenance
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Agenda Item No. 16B3
November 9,2010
Page 8 of 16
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the Work by the Contractor; or (g) any other material breach of. the Contrc;lcf
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.
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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 Of 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 increa~es or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expresslx set forth herein, no
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10-5387 Page -5-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No, 1683
November 9, 2010
Page 9 of 16
',addition: or 9hanges 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.
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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. "
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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.
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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.
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10-5387 Page -6-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No. 16B3
November 9,2010
Page 10 of 16
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21. PROTECTION OF WORK.,
A. Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such ross 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 lo~d 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.
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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.
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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. 10-5387.
10-5387 Page -7-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No. 1683
November 9,2010
Page 11 of 16
25. PROHIBITION' OF GIFTS TO COUNTY EMPLOYEES. . No organization' o'r
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 perfonnance 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.
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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 attem'pt to
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Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No, 1683
November 9,2010
Page 12 of 16
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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 thh; 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.
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10-5387 Page -9-
Bayshore MSTU Roadway Grounds Maintenance
Agenda Item No. 1683
November 9,2010
Page 13 of 16
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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.
Second Witness
tSv-eYlAa. ~e.&(IIt" ~
Type/Print Witness Name
Approved as to form and
l~cEnCYRJk-L-
~tty Attorney
.Y;Aot!- R (<.1t ~
Print Name
BOARD'OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'1w-w~
"By: ' .
Fred W. Coyle, Chairma
Signature
~~ So, ~~S
Typed Signature
~ ('~S .
Title
By:
10-5387 Page -10-
Bayshore MSTU Roadway Grounds Maintenance
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. i~g ~. Inc.
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Agenda Item No. 1683
November 9,2010
Page 14 of 16
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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 Bsyshore Drive from
US 41 to Thomasson Drive. - (Median #1 through
Median #22).
2. Both sides of Bayshore Drive to the
East and West RfW lines excluding the Triangle
at US 41.
$4,350.00/month
B. Service Area No. 2
$250.00/month
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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
$125.00/month
Those areas which contain limited
landscaping material and no irrigation system.
1. Lunar Street ROW triangular area
between the intersections of
Lunar Street and Half Moon and
Full Moon Courts: right of way mowing
on an as needed basis.
~
10-5387 Page -11-
Bayshore MSTU Roadway Grounds Maintenance
03/01/2010 13:52 FAX 941 924 8799
AL PURJ[ORT INS
Agenda Item ~.o16B3
Novembe~, 3!~1 0
P 15 f 16
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ACQ!lD. CERTIFICATE OF LIABILITY INSURANCE OP ID PIt DATI!~
GRotl'Z-l 02/27/10
I'RODUl:EII. THIS CERIlFICAT1!! IS ISSUeD AS A MAT115R QP.INFOIUiIA.TION
Al Pw=mo:rt. :tlzauranee, :Inc. ONLY AND CONFERS HO RIGHTS UPON THE CERl1FICA.TE
HOLDER. 1HIS CERTlFrcATE DOES NOT AMENQ, EX1mID ~
3340 Be. ~i~ ~a4 Al.l1:R THB COV~GE AFFORDED BY 1HE POlICIES BELOW.
Sarasota F.L 3423'
PhoDe.941-92'-38D8 7ax.941-i24-87S' INSURERS~G COVERAGE NAIC iI
IN8URIiD -
INSIJRSR A: ~iu.t:L :rZLS11rQCe Co 106"~
~ Sara Ladsc:apinll rGuRER 11:
left; C:f :rDa INSURIiR Cl
~ I I' rfax Oir , JN$URER D::
ilp es J'.L 3410' -
. JIt/8UR1!Jt e
"'"
COVERAGEs
, THe P'OI..CIElr OF ~USYe> IIELDW HAVE BEeN ISSUeD 10 THE ~ kN4!DAIJOVE FOR nte I'OI.JCYF'ERIOD lNDlCI\TED. NOlWJTHS1'AND/NG
M1VREalIJAEMENT.11iRMOR COIIDITlON OF ANY CONTRACT OR 0THl!I\ DOCIJIIiiNTwmt NiSI"eCno WI1ICM THIS Cl!imFlCAlli MAyali I88UI!!D DR
w,y PERWN, l1GO ~API"CRDED BY n.g;; POI.JCIE8 DESCAIIIIm tcRSIN lS $\/S.EarlOALL THSi ~ EXCI..1JSlOHS AND CONDmoNs OF SlJCH
pClJca. AGGR!G.tmI L110111l SJ./OlNIf l4Il.Y HAve Be!!N R!DUCGD 8\" PAlO ClAIMS.
T'1'PIr OF JIOI.JCY NIIIIIUllt
8ENI!!RAl, J.WllITy
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08/01/09
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08/01/1b
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PERSONAL lNN INJURY
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08/01/09 08/01/10 (Ea~
9rJDILVIHJURY .
(f'oerpnonl
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(Pwr -"'anU
PAOl'ERTYDAMAGE s
(Pet aCl:Dlonl)
AUTOOHL V -l!A ADCll:ENT ,
O1'HeRTtWI lOA AOC .
AUTO ONLY: Al9G I
J:ACH 0CCl.lI'W:NCe '10000QO
08/01/09 OB/01/10 AGGReGATe $1000000
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SARAGlU.Io\8L1n'
MY ALITC1
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SPEOW.!"AOVISIOH$ ..
OTffeR
DESCrUPTlOIt OF OPERomoNs/LOCATJOHSJ\llHCLESJ EXCI.USIONSADDED BY ENDCR.I....l:NT I SPECIAL. PROWllaNlI
Contr.ct #10:"5387 !I.'h~ BayBho~ KS'lV Road.way Qro1UI.cIs KaiDtenanc::e.
careificate ho1.~2:' .i.a'iiCldit:"!oDal ~sure'" 1r.Lth regards to gaD.eo.-al Uabi.lity.
CERl'lFlCATE>>OLDER
".., --CO~C03"
CANCEUAnON
SHOUl.D ANY DFTHS ~ DESCRIED POI.ICIEB BE ~1lD BEFOItS TIll EXi'il'tA1'Io ,- ---
l)A'rCTHEJU;OF, THI! lSSl.IHG INSURI:RWlU.ENDIiAVORTOJIIAIL ~ DAY1l~
NOTJCETO THB CERTIFICATE tI01.DSt fWICD nl1llQ LEFr. BUT FAlLURiTO 1m so sHAJ. '
lIII'OSE NO OBt.IGATION OR UASII.JTY Oil ANY KIN!:! UPON THElNSUaSR, rrSAGEIoITIl OR
RB"RESE!Nt'ATIVEs.
Co11ier Count:y
Board. of Count:y Camm:Lss:f.cmers
Purc:=hasiug ~fart:mtm. t
3301 B Tam! ~rail
Naples 1l'r. 3411.2
ACORD 25 (2001108)
, 3/1/2010 13:35
Lion Insurance
A~.nd~~tl~m No. 1683
LION INSURANCE COMPANY-+GRUUN'-l~ber 9, 20M1
Page 16 of 16
0aIB
CERTIFICATE OF UABILITY INSURANCE 311/2010
..--.., Producer: Lion Insurance Company TbIs CerIIftCiltB It; IlmIed lIS . matter of Infonnaticlll only aad confeJs na rtghtlr
2739 U.S. Highway 19 N. upon the c.rtIflc818 Holder. this CertlftcaIB does not amend, exIBnd orallllr.
the aovel'lllle afforded by the polldllS below.
Holiday, FL 34691 InsureIS AfforcIng Covenlge
NAIC#
Insured: South East Personnel Leasing, Inc. III8IAI' A: Uan Insurance CompII n,. 11ll7S
2739 U.S. Highway 19 N. Inslnr 8:
Holiday. FL 34691 Insurer C:
Insurer 0;
Insanr E:
Coverages
IllSlIIIICe IISIllQ _r- been ilSJtd Illlhe inSInllllllll18d lIblMltw Il19 IlOlltYpenocl il1CkEDcl. l\IOlYlilIlSI!IellIlQ -nv JllClll!lemelt, teRn 0( condiioriCf enfcorhcror 0IIIlIr ClOCUmeIII:WillI 19E1P8ctlOllIIJIa\
1liladlce18 mar be issued or Ill!rfper1Bio, Ihe inSlrenc:e etblIed brllle polIdes descllled here1l11s Sl.CljectlD sib _, 8IlCIuIlons. end CXlIldIlOlll of such pald.... Aggr8gele 1rri1s sl1cwn may hlMllle8n I9cllceCIllr
poid cleims.
NSR AOOL Type of nsurance PoDcy Number Poley Efredive Paley ExplnIl:ion OlD limits
LlR tlSRD Cats
(MMi'DDJYY) (M MIDDIYY)
:::NERAL LIABJUTY EscI1 OcCUll8llCe
_ ~ercial General Uabllty D8mage1o rented premises lEA
_ ClaIms Made D Occur OCetmlnce)
- MIld Elq)
~ P.rsomd Mllnjury
~ aggregate Omit apples per:
tl ~ D PRlject 0 LOC Generel Agoregal:e
Pro~- C<r!liOp Agg
AUTOMOBILE UABlUTY Comllined Single Lirril
- Ani ALIa lEA Accident) $
- All O\>med AIJIoS BodilJ' Ir\lJY
- Scheduled Aulos (Per P'r$onl ~
..--.., - Hirecl AlAlls BoclllJ' k1jUIy
- Non-(),omed Allor (Per ActiIlSlt)
- ProP8~Damege
, (per Accl<lenj
EXCESSJUMBRELLA LlABIUTY EeclI Oc:C\JIT,m:e
q ~ 0 CoimsMlld9 AggregelB
Oe<ludlbfe
A Workers CompensatIon and we 71949 0110112010 0110112011 xT~= I 10TH-
Employers' UabDll:y ER
Art! prgprietor~erfllxeclllivB offieerhnember E.L Each Accident $1.000.000
excluded? c.L. Dis_. Ea Employee .1,000,000
lfYsl, cIe=be under special provisians below. EL Dis81lB8. PaDey I.In<<s $1,000,000
other Lion Insurance Company is A.M. Best Company rated A- (EXceUent). AMB # 12616
Descriptions of OperatJans/LocatJonsNehlclesJExcJuslons added by Endorsement/Special Provlslons: CfIBnl: lD: 31-66-375
Coverage only applies to active ~ployee(s) of South East Personnel Leasing, Inc. tflat are leased to tfle following .eDent Company":
Ground Zero Landscap ing Services Inc.
Coverage only applies to fnjl.rieS IllCUTed by South East Persomel Leasing, Inc. active employee(s) , while worklng In Ronda.
Coverage does not apply to statutory empJoyee(s) or Independent contractor(s) of !he dient Company or any other entity.
A list of the active emp/oyee(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, 8AYSHORE MSTU ROADWAY GROUNDS MAINTENANCE, COWER COUNTY, FL
FAX: 239-59H365/1SSUE 03-01.10 (SO)
!Ilooln Date, 4/1112005
CERTIFlCAlEHOlOER CANCELLA.TION
~ COLLIER COLMY BOARD OF COUNTY COMMISIQNERS ShotJkl Sl'/ot IIIe ablMl described palclls be canc;ell&d befOllllh& ..uon <I.lhereol,lhe i&suing insurer l'oil
endeswor 1ll1Mi130 days lIrillen 00lIce III III, c:er1i1ieaI. holder name<llo Ihe left. butfailure to do so shallmpose no
obRgetion or liabiiLy 0/ ani kind lIPOn III' insurel, ~ egenIS or "'Il'BsenBtlves.
330 TAMlAMI TR. Eo ~ ./I~
NAPLES, FL 34112
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