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Backup Documents 10/25/2016 Item #16A 2 (Scott Lowery Landscaping, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE d; :^► V§ g�,'.7rli� Print on pink paper. Attach'to original document. The completed routing slip and original documents are tI C i �yt..,t' ...3 7 nil-- - , ey Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Offic no later than Monday preceding the Board meeting. OCT 27 2016 **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete w. the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward titV,Qpivoxionerit Of e. Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management - V___L JO 312-6 2. County Attorney Office County Attorney Office Oil ,, 1 .1b 3. BCC Office Board of County Commissioners r ' s/ t l t\ltt, 4. Minutes and Records Clerk of Court's Office Th) 1` i ( lite 3',(1.(0?4, 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Camille Shim-Marinos for Brenda Brilhart, Phone Number 239-2528446 Procurement Staff 1006'2016 Contact and Date Agenda Date Item was 10/25/2016 Agenda Item Number 16.A.21' Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Contract Number/ 16-6610/Annual number if document is Solicitation/Company Contract for Land to be recorded Name Maintenance/$ Lowery INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Zplica cab 1. Does the document require the chairman's original signature? SiC `JI"'1 'CJI I. t\-- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for Iegal sufficiency. (All documents to be CJSM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CJSM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip .E3v1 should be provided to the County Attorney Office at the time the item is input into SIRE. i\U Some documents are time sensitive and require forwarding to Tallahassee within a certain r',/� time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made CJSM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. ,,i 9. Initials of attorney verifying that the attached document is the version approved by the '� 5 BCC,all changes directed by the BCC have been made,and the document is ready for the _ _ , Chairman's signature. )... I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A2 MEMORANDUM Date: November 2, 2016 To: Camille Shim-Marinos Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #16-6610 "Annual Contract for Land Maintenance" Contractor: Scott Lowery Attached is an original of the document referenced above, (Item #16A2) approved by the Board of County Commissioners on Tuesday, October 25, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16A 2 AGREEMENT16-6610 for Annual Contract for Landscape Maintenance THIS AGREEMENT, made and entered into on this 44\ day of 821)111- 2016, by and between Scott Lowery Landscaping, Inc., authorized to do business in the State of Florida, whose business address is 733 91St Ave North, Naples Florida 34108, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight (8) firms qualified and awarded an Agreement. The Contractor under Agreement will provide complete services for Landscape Maintenance in the following category: Category 1: Basic Landscape Maintenance The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. �o Page l of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the Contractor that submits the lowest responsive quote. 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 3.1 Price Methodology: Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. C Page 2 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Scott Lowery Landscaping, Inc. 733 91S Avenue North Naples, Florida 34109 Attn: Scott Lowery, President Telephone: (239) 598-4237 Facsimile: (239) 597-9642 SLowervlandscapet aol.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 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. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. 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 i,C'4c Page 3of16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 suspend the Agreement 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. 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the 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. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. C Page 4 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. 12. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. 12.1 The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, Exhibit A —Scope if Work and subsequent quotes. 16. 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. 17. 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 Ill, Florida Page 5 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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 Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public Page 6 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 19. 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 Agreement to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 24. CHANGES IN THE WORK. The County 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 a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to'SSS Page 7 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 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. 27. 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 County 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 County. 28. 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 the County or Page 8 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 County'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 disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 29. 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written 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. 30. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County 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 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 County's staff person who would make the presentation of any settlement reached at mediation to County'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. 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. X90 Page 9 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. 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 the County. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS a@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 0 Page 10 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. Z 6 A 2- IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E.��Bro� '_ck, Clerk of Courts B - V` 1 Donna Fiala, Chairman Dated: t1.Vek1eri y 2) 0 ' i (SEAL) Attest as to Chairman's signature only, Scott Lowery Landscaping, Inc. Contractor 4„ IA INI\J A0. By: " First Witnes Signature k(1 it 6a.)._A-Li{ S, S -V \,..00-A`f , Pia0).0.' 1'Type/print witness nameT 1'Type/print signature and title?' VA.onia U4tioM Secrd Witness _;o`.'�" s KIMBERLY GAYZUR r/ i rfO*1 _ = MY COMMISSION#FF921061 / t .t,•. EXPIRES September 23,2019 TType/print vrfitnename 0 1 398.0+53 F1crKyillqa . .�, pproved as to Form and Legality: -rn "ssistant Co my Atto ey C©ieAevl . A-e ri Print Name 0 Page 11 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 Exhibit A SCOPE OF WORK Category 1 Basic Landscape Maintenance Technical Specifications The specifications for Category 1 include, but not limited to, median mowing and edging, side of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the right- of-way weeding, general site trimming, trash removal, and brick paver pressure cleaning. Subcontractors are not authorized to perform services for this category. Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. • Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from mowing. • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). • Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the equipment to reduce the risk of objects and clippings being thrown onto pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. • Grass shall be cut at a height no less than three and one half inches (3 1/2"). The height of the grass blade shall not exceed six inches (6"). • The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be Page 12 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 responsible for repairing any ruts caused by their mowers at no additional costs to the County. The Contractor is to avoid mowing in a way that will project grass clippings, small rocks, and miscellaneous debris into oncoming traffic. • Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be removed. No herbicide shall be used for edging. • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. • Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks or curbs shall be cut and removed when the edging is performed. • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular mowing service shall include: trash removal, mowing, and edging of the entire project. • Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. • Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all swale areas, and side of right-of-way trash removal. Trash Removal Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. • Median trash removal and side of right-of-way trash removal for each service for all site areas shall be cleaned by removing all trash or debris which shall include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris. • Disposing of trash and debris must be at a proper landfill or disposal site. Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. Weeding Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be Page 13 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16 A 2 performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. General Site Trimming/Pruning General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10') and below. • Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that median and the entire project. • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FDOT Indexes. • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the County's Project Manager/designee or the County's Representative. • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn lanes they must be pruned to a height of eighteen inches (18") by October 1st of each year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. • Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") / or ten feet (10'). • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea is only considered pruning if the heights of the Bougainvillea are maintained to twenty- four inches (24") and not at a greater height. • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by County's Project Manager or designee. • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. Page 14 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and approval of the County's Project Manager/designee or County's Representative. • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. • It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be maintained in the median planting beds, as a pathway for maintenance workers. • Shrubs and plant material shall not grow over the curbing and into the roadway. • Shrubs and trimming as described above must be completed in order to submit an invoice for payment. • If there are shrubs that are overgrown, growing over the curb or obstructing the view of vehicular traffic at the end of the month, this line item will not be paid. • As-built plan information is available through the Growth Management Department, Road Maintenance Division, Landscape Operations section where sightlines are depicted on the landscape plan. Miscellaneous and Landscape Maintenance Responsibilities If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as determined by the County's Project Manager and/or designee, they shall be replaced at the Contractor's expense. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be furnished and replaced at the Contractor's expense. It shall be the Contractor's responsibility to notify the County's Project Manager or designee of any maintenance problems or additional maintenance needs. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the County's Project Manager or designee should a disease or infestation be found. The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site and offsite communication in order to communicate with the County's Project Manager or designee. The Field Supervisor must be able to meet on-site when requested and must be Page 15 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. Crew Size Each quote from awarded vendor will specify the number of crew members required for each specific project. In the majority of projects, if required, the Contractor shall provide a minimum of six (6) employees when servicing the work site. Depending upon the work requested the crew size may increase or decrease. All work shall be completed within one (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at the same time. Page 16 of 16 16-6610"Annual Contract for Landscape Maintenance" Scott Lowery Landscaping,Inc. 16A 2 7 ® DATE(MM/DDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 10/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT J0ssica Morneault -> 561-253-3248 PrimeGroup Insurance Services, Inc. PHONE (813)288-8270 IFAAX No):(813)885-4311 (A/C,No.Extl: 5402 W. Laurel St. ADDRIESS:Jmorneault@primegroupins.com Suite 220 INSURER(S)AFFORDING COVERAGE NAIC# Tampa FL 33607 INSURERA Nationwide Mutual Insurance Company 23787 INSURED INSURERBBridgefield Employers Ins. Co. 10701 • SCOTT LOWERY LANDSCAPING INC INSURERC: 733 91ST AVE N INSURERD: INSURER E: NAPLES • FL 34108-2424 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1672916088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ - 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X ACP3017289678 7/29/2016 7/29/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY _$ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO I I LOC JECT PRODUCTS-COMP/OP AGG $ 2,000,000 MULTI POLICY DISCOUNT $ OTHER: AUTOMOBILE LIABILITY CO aBINEDtSINGLE LIMIT $ 1,000,000 (EaX ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED _ ACP3017269678 7/29/2016 7/29/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) _ Schedule Mod Factor 1 $ UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE - AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION x PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) 0830-41253 2/24/2016 2/24/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Government is listed as Additional Insured with regard to General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3327 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE E Ellsasser #A077187/ @'e- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 17014011