Backup Documents 02/09/2010 Item #16G3
16G :5
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)
DO NOT WRITE ABOVE THIS LINE
166 ~t113
DATE RECEIVED: J- (20
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ITEM NO.: 10 ~:p~~O\ soY
FILE NO.:
ROUTED TO:
<.;-:;:;;
REQUEST FOR LEGAL SERVICES
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Date: March 2,2010
To: Office of the County Attorney
Jeff Klatzkow, County Attorney
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From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
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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 (rJ
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, ATM
www.sunbiz.org - Department o'-'lte
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16G 3
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Florida Profit Corporation
GROUND ZERO LANDSCAPING SERVICES INC.
Filing Information
Document Number P00000037162
FEI/EIN 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
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06/16/2009 -, ANNUAL REPORT
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08/27/2008 =.ANNUAL REPORT
09/27/2007.. REiNS:r 1\ TEMENT
07/11/2006.. ANNUAL REPORT
06/30/2005.. ANNUAL REPORT
01/28/2004 =-"'NNUAL REPORT
02,'03/2003.. ANNU",U,,,PORT
03/13/2002 - ANNUAL REPORT
07/26/2001 .. ANNliAL REPORT
04/12/2000 .. D!LlTIestic Profit
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16G 3
MEMORANDUM
TO: Ray Carter
Risk Management Department
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department 'lJ
DATE: March 2,2010
FROM:
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.
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C: David Jackson, A TM
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mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, March 05, 2010 2:32 PM
LynWood
mausen_g; DeLeonDiana; 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-
S387. The contract will now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~~
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
IlLS #. JD -:-J)i?C.,::_PD_ c tf
CHECKLIST FOR REVIEWING CONTRACTS, .. ) 6 G 3
Entity Name: C; LO,'''''''' J 7.-e '--0 ..Lu~,d SCc~tl_",:;. .~ <."t V I C CO s/ Iii .
Entity name COITect 011 contract? ..../ Yes No
Entity registered with FL Sec. of State? 2-Yes No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &Ior Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ 2 MIL
ProductslCompVOp Required $ "
Personal & Advert Required $
Each Occurrence Required $;;L 1'1I1 L
FirelProp Damage Required $ J. 1'-1 \L
Automobile Liability
Bodily Inj & Prop Required $ CJ... \J\ IL Provided $ I \vi \ L,.. Exp Date if Illfu " ?
Workers Compensation 5 TI'\-rV. T 621. / '/ /,.
Each accident Required $~~ Provided $, I H I L Exp Date ...J..L'..1JJ.i1 ~2, IV'- if70"-ij<---
Disease Aggregate Required $ Provided $ I I Exp Date I / I / II . ~.
Disease Each Empl Required $ Provided $ __,IJ....... Exp Date . . /1 cr; ~i.. ~ +-,
~~~~ 0 ~ C ~
Each Occurrence Provided $ I (vi \ L Exp Date " {) I I 6 Lh~: n)' L- '7>'# ~'--';-u
Aggregate Provided $~: __ Exp Date /1 )L/r :1
Does Umbrella sufficiently cover any underinsured portion? Yes ~ No
Professional Liability , flY
Each Occurrence Required $ ~ Provided $ Exp. Date
Per Aggregate Required $ I' Provided $ Exp. Date
Other Insurance I I!Y j
Each Occur Type:--.1:::'-.L'1 Required $_W~_ Provided $ 70""" C
County required to be named as additional insured? / Yes
County named as additional insured? Z Y es
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date ofbond
Does dollar amount match contract?
Agent registered in Florida?
,/.Yes No
~' Yes No
Yes _No
__Yes No
Provided $ ;2 "" \ L Exp. Date '3/1 to
Provided $ _~_ Exp. Date -----'-'-._
Provided $ I tJ-1 L Exp. Date II
Provided $ I f'l\ I L..' Exp. Date II
Provided $ I 00 (JoO Exp. Date _, I'
I
- i'
."
, c.
Exp Date ~
No
__No
/~es
Yes
No
...LNo
Yes
/ No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary: ___
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Yes
Yes
No
_No
/Yes
Yes
_~Yes
_LYes
.,/ Yes
---;7' Yes
:::Z=Yes
No
/No-
No
No
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16G :)
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 CDunty 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
16G 3
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
16G 3
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 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.
10-5387 Page -3-
Bayshore MSTU Roadway Grounds Maintenance
16G 3
Special Reauirements: 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
16G 3
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 nDtify 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 cDmpensation 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
16G 3
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
16G 3
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 RedevelDpment 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. 10-5387.
10-5387 Page -7-
Bayshore MSTU Roadway Grounds Maintenance
166 3
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
166 3
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.
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10-5387 Page -9-
Bayshore MSTU Roadway Grounds Maintenance
16G 3
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:
~~
Dated:'}V111rch3; .:'iD
.~.tk~~~~ j
.tlnabrt ..-
4~/' /d~/
irst Witness
/dh/i ti//;Nv^
Type/Print Witness Name
~c1v 12A4te K
Second Witness
1:<)'(' t' Y\ d iJ. f!e tJ ve. >.-.
Type/Print Witness Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: N w. C+c
Fred W. Coyle, Chairman ...
Gro
Si ture
h-{\-0-0~ S' b 101;,'/
TYP~ Signature
. \'LC,.
Title
By:
7~d as to form and
1~7I12j~L
AssistaFlt County Attorney
l::>e ~
~<: C-6 If /J 2 -u.......e-'-..
Print Name
10-5387 Page -1 0-
Bayshore MSTU Roadway Grounds Maintenance
16G 3
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 RIW lines excluding the Triangle
at US 41.
$4,350.00/month
$250.00/month
B. Service Area No.2
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
$125.00/month
D. Service Area No.4
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
:rb1G
3
ACQRD. CERTIFICATE OF LIABILITY INSURANCE 9f..\l?, PJ:: I DATE IMWOIl/YYYYJ
tIZ-1 02/27/10
PRODUC~ THIS CERTIFICATE IS ISSUED AS A MA~R OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERtiFICATE
Al Purmort ~nsuran~e, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3340 Bee Ridge Road AlTER THE COVI;RAGE AFFORDED BY THE POUCIES BELOW.
Sarasota FL 3423~
Pbone,~41-~24-3e08 l!'ax;~41-924-87~~ ' INSURERS AFFORDING COVERAGE NAIC.
- . '''.-
INSUFlEg INSURER A: Cincinnati IDsur8!1ce Co 10677
IN~URER B:
Gro~ Zero Landscaping -.
Serv eel IDe INSURI;R c;
1901 Fa rfax Cir INSURER 0:
Nap as FL 34109 I ..-
lNSURE:R E:
COVERAGES
ntE: POUCIIiS OF INSURANCE USYcD BElOW HAVE Ba;N ISSUeD TO TMI: lNSUR5D NAMeD ABOVE FOR THe POLICY PERIOD lNDM;ATCD. NOTWITHSTANDING
ANY REQu1A.EMalT. TERM OR CONDITION OF ANY CONTRACT OR OTHf!R DOCUMENT WITH RESF'ECrTo WHICH THIS CERTifiCATE MAV SE ISSUED OR
MAY Il'EFlTAlN. THE INSIJFto.N'CI: AfFORDED BV TloIE POLICIEti DESCRIBED HmJ;IN IS SUBJECT TO ALL TI"I;; TERMS. EXCLUSIONS ANO CONDITlONS OF SUCH
POLICIES. AGGREGATE liMITS SJ.IOWN MAV HAVE BEEN REDUCtiO 9'1' MIO ClAIMs.
TYPIi OF INSU Ce
Ge~ I.IAb1LITY
COMMERCIAL GeNIiiiRAL LIABILITY
ClAIMS MADE [!] OCCUR
POI.ICY NUMBIiR
u.....
CAP5136080
08/01/09
08/01/10
, .1000000
'10000,0,._
,5000
'1000000
.2000000
. 200~000
GI!N'LAGGREGAT1;I,IMrr APPliES PER:
~~ LOG
AUfOM08l1.Ji l.lASlLI'tY'
X iANYAlITO
All OWNED AUTOS
SCHEOULm AUTOS
HIREO AUTOS
NON-OWNG:D AUTOS
CAA51360S0
08/01/09
08/01/10
I ~OMBINED SINGl~ UMIT
~t1l;"ir;lcml)
i BOtllL Y INJURY
; (PetIMlMlDnl
I BODILY INJURY
:~oilCddenl)
'1000000
A
! F'MPERTY DAMA.GE
. (hI'aocidenl)
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I
'.
GARAGE 1.1ADILITY
ANY AUTO
AUTO ONI,Y - eA ACCIDiNT S
IiAACC $:
M\!l .5
OTH~R THAN
AUTO ONLY:
A
IiXCESSJUMBRELI.A I.IAIIIUTY
it OCCUR 0 CLAIMS MADE CA:P513G080
08/01/09
EACH OCCURRENCe
08/01/10 AGGR'GATE
.1000000
. 1000000
--
.
,
.
DEDUCTIBLE
X RET&NTION
'0
WORKEiRS COMPENSATION ANJ;l
BWL.OYEAS' LlABIUTT
. A,NV PftOP'RlETORIPARTNiRlEXECUTIVE
i OFFICER/MEMBER roxCUJDeD7
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OTHE'
!
TORy UMn;s 5R
i t;:.L. EACH ACCIDENT $
I E.l. OISIiASE . eA EMPLOVEE S
E.l. D1~SE. POUCY UMIT $-
!
oescmPTlc.I OF OF'ERA,TKJNS I lOCATIONS I YEHCl~S I EXCI.USIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
Contract #10-5387 ~e Bayshore MSTU Roadway Grounds Maintenance.
Careificate holder is addieional insured ~ith regards to gsneral
liability.
CERllFICATE HOLDER
CANCELlATION
COLLCO 3 SHOUl.D MV OF T~E ABOVE peBeRl8ED POLICIES BE. CANCELJ..EtIBEFORE THE e.'IWtRATlO
DATe THER;~F. THE ISSUING INSURER WILL eNDEA.V<)R TO MAIL ~ DAYS WRITTI!I',1
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. SlIT FAILURE TO 00 SO SHALL
IMPOSE NO OBl.IGATION OR UABIUTY OF ANY KIND UPON THE lNSUR~ IT5 AGENTS 0It
REPRESENTATIVEs.
RlZED S
@ACORD CORPORATION 198
Collier County
Board of County C~BsionerB
Purchasing Dapartment
3301 B TBmiami ~rail
Naple. li'l. 34112
ACORD 25 (2001108)
,3/1/0010 13-35
Lion Insurance
LION INSliR'\NCE COMPANY"'GROUND ZERO
III
. < 1 ~ r,'
CERTIFICATE OF LIABILITY INSURANCE Ljat<,
3/1/2010
Producer: lion Insurance Company This Certificate Is Issued as it mattllr of Information only ilnd confers no rights
2739 U.S Highway 19 N. upon the Certificate Holder. This Certificate does not amend, extend or almr
the coverage afforded by the policies below.
Holiday. FL 34691
Insurers Affording Coverage NAlC#
Insured: South East Personnel LeaSing. Inc. Insurer A: lion JnsurlSnceCompany 11075
2739 U. S Highway 19 N. In$ourer B:
Holiday, FL 34691 InsurerC:
Insurer 0:
InsurerE:
Coverages
t I, I'e po leles OllnSU'I!mCe ISle<.l ue,ow "ave uean Issueu 10 I,,: Insur~u nam8 avoW! tr!r the polICY pNI0d !1 realM, \JorMlns:8'l Ing arr,reqiJlfernrnt term or condl~0n n arry contract Of other dOCJmenl Wit resoen to w ich
lhls cel7lrcate mav be IssuBd 1)1 rndjlP>lrtd'll, lire IIISLl:B'K" afforej8d oythi? pe'IICI8S d",sCllbElll ht'lym 1>. subJiJdlu ,,1111,8 :fCll!lS, ~,xCIUSI"IlS, and (Orlrj'l":ln, c:f $U.11 POliCH;', A~Jql8gal8 l,mllS shown ma'll:aV8 lW<2n '",duc<2j b)I
p81dclaims
I~SR ADDL Policy Number Policy Effective Policy Expiration Date Limits
LTR INSRO Type of Insurance Date
(MMIDONY) (MM/OONY)
~NERAL LIABILITY EachU:(Ij'rer,C8
- :J~merCial General liability Ddlllil'Je [0 1~"tfCd 1-"'fClr"oe~ {E,A
: Claims Made 0 Occur (I(~Urre1U'!
- Mfi'dEQ
,.... Personal Adv Injury
peneral aggregate limit applies per:
PPOIICV Dproje(' DloC C"n~r81 Aggregat~
F'r,:,dutt~ l~'jn,pj(,>, Agg
!'IUTOMOBILE LIABILITY Ce,Trblne,:! SI'I'JIr,. Lillll\
I- IEf-"'.wde11'i
Any A~t(J
i- E'o,jl:Ylnjury
AI Own..jAcJt~s
i- (Pr,rF'8rSOIlI
Schedui8d Jlu~os
I- Hir~d AU:0~ BoJlylnJury
I- I~OI1-0Wr'8dAuto5 W,!rA,r:irJ"'''l'l
i- P,Ci)8rtyCamage
iTE,Accidentl
EXCESS/UMBRELLA LIABILITY E~r:r,C'CUIHJ!I(e
Roeme D::>a'msMa<:J8 I\.goregiltEe
Uedu(fibie
A Workers Compensation and we 71949 01/0112010 0110112011 xl~CStallJ- I IOTH-
Employers' Llabllly tOIVLimits ER
Arry proprietor/partner/executive officer/member E.L. Each Accidenl $l,I)(I(1,UI)(I
excluded? E.L. Disease. Ea Employee $1,000,000
If Yes, describe under special provisions below. E.l. Disease- Policy Limils $1,uoo,oou
Other Lion Insurence ComDeny is A.M. Best Company reted A- (Excellent). AMB # 12616
Descriptions of OperatlonsJLocatlonsNe~cles/Excluslons added by Endorsement/Special Provisions: ClientID: 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 Landsceping Services Inc.
Coverage only applies to injuries incLKred by South East Personnel Leasing, Inc. active employee(s) I while working in Aotida.
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: J06 #10,5387, BAYSHORE MSTU ROADWAY GROUNDS MAINTENANCE, COLLIER COUNTY, FL
FAX: 239-597-7365/ISSUE 03,01.10 (SO)
Rl' in Date: 4/11 nOO5
CERTIFICATE HOLDER CANCELLATION
COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Sro'.Ild arryottMabol'adescribedpolicies t,e cancelled before th eexplral1ondala!hare0l,tl1eissuinglnsuf""wl;1
endAffi/n,-t(1 mail 30 rlayswritten nJricAtn me f€rtifici3le hOlrlernamed to tM left, tJUt~21ilurEe to do so Sf'illl imnooEe ~o
obligation or ilabllllyof arryklod upon the ,n3urer Ilsa~emsorr8pre5enlatlves
330 TAMIAMI TR. E. tZfi ../~
NAPLES, FL 34112
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