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#16-6610 (Stahlman-England Irrigation, Inc.) AGREEMENT 16-6610 for Annual Contract for Landscape Maintenance ���� "_ THIS AGREEMENT, made and entered into on this 2� day of PCC?r..1' 2016, by and between Stahlman-England Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 2063 Trade Center Way, Naples, Florida 34104, (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 this Agreement will provide complete services for Landscape Maintenance in the following category: Category 4: Advanced Irrigation 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. 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 6:4O Page 1 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. 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. 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: CAO Page 2 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. Stahlman-England Irrigation, Inc. 2063 Trade Center Way Naples, Florida 34109 Attn: Mark S. Stahlman, Owner-Vice President Telephone: (239) 514-1200 Facsimile: (239) 514-1191 mark a{7stahlman-england.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 60 Page 3 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. the Contractor to be objectionable or improper, the County shall have the right to 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 Page 4 of 15C � #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. 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. Page 5 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. 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 III, Florida 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, Page 6 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. 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 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. 0 Page 7 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahiman-England Irrigation, Inc. 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 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. c/4® Page 8 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. 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 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. Page 9 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. 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. 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©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 $500 per incident. * * * * * oAo Page 10 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts s By: 10 ' By: r > jted4t- a' a • 1111 Donn Fiala, Chairman Dated: i ► tla$to airman signature only. Stahlman-England Irrigation, Inc. Contractor f5 '24 By: 1 First Witness Signatu e /64,11-6'46 A';_h i �. Test /"/la /� . ) iti — V Pi'e.si64n TType/•ri `t witness name TType/print signature and titleT Second Witness Aro pr R aw, tiS TType/print witness name •.•roved as to Form and Legality: •ssistant Count A omey alleen M Green-E Print Name (12) Page 11 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation,Inc. Exhibit A SCOPE OF WORK Category 4 Advanced Irrigation On-Call Services & Repairs Watering Schedule Prior to issuance of the Notice to Begin Work, the Contractor's irrigation Project Manager shall review the system and submit a recommended watering schedule as it pertains to the irrigation plan for the contracted area. The landscape Contractor will provide documentation in writing and shall include any changes or recommendations. Any subsequent recommended changes shall be recorded on the "Irrigation Schedule" (see attachment). If the Contractor does not review the irrigation and submit the irrigation schedule documentation, then the Notice to Begin Work will not be issued until the Contractor accepts full responsibility and approves the scheduling and usage appropriated by the County. Be aware that you will be expected to update and coordinate the watering schedules with the Collier County Irrigation Project Manager as required for monitoring purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All irrigation request shall be in writing. Upon issuance of a "Notice to Begin Work", the Contractor shall review all irrigation systems and notify the Project Manager of any existing problems. Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the Project Manager at no added cost. A police report must be filed and a copy sent to Project Manager. • All irrigation parts shall be supplied by Collier County under an annual bid. • Use only County approved replacement parts and only matched precipitation head replacements. • Collier County will maintain the reclaimed water signage if existing. • The landscape Contractor shall observe the irrigation system as it pertains to plants and spray coverage and report any observed field problems when they occur. Conventional Pop-Up Sprinkler Systems Labor costs for these listed irrigation services and minor system repairs shall be included in the Contract Bid Unit Pricing. Materials will be purchased by Collier County through an annual vendor. Weekly Service Requirements The Contractor shall complete the "Irrigation System Checklist Weekly Requirement" sheets on a weekly basis. The Report Sheets shall be signed and submitted on a weekly basis to the Project Manager for review and approval as to completeness and must be provided before the ending of the work day Friday or beginning of the work day on Monday and may be faxed, e-mailed or hand-delivered. Check list should include all findings as c4, part of the weekly irrigation checks and watering requirements. Collier County reserves Page 12 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation,Inc. the right to reject payment request for these services if checklist is not provided on a timely basis. The irrigation system checklist weekly requirement form must be filled out in its entirety and must include all irrigation parts purchased with corresponding packing slip information from the County approved supplying vendor. • Visual inspection of the irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. • Valves can be operated manually at the valve box, the surge board toggle, or at the controller. The operation switch shall be returned to the "automatic" position after service. Failure to do so may create a hazardous road condition because of uncontrolled irrigation water running outside of the programmed schedule. The contractor will be fined $110.00 for each occurrence (Calculated for 2 irrigation crew members at a labor rate of $55.00/hour.) • Automatic Control Valve Assemblies and Quick Coupling Valves work requirements are to: Open zone control valve assemblies' boxes to inspect valves for leaks and proper settings. The valve boxers shall be clean and free of debris, leaves, and mulch. Quick coupling boxes shall be checked to make sure that they free of debris and foreign objects. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas to be kept at sod level. All valve boxes in plant beds to be kept two inches (2") above finished mulch level. County, upon approval, will supply the valve boxes to reach the specified height. • All cuts, leaks or other piping damage found to be caused by the Contractor's personnel or subcontractors performing services in the landscape areas shall be repaired immediately at no cost to the County. Replacement of damaged valve boxes/lids is required if caused by the Maintenance Contractor. • Upon acceptance and through the duration of the maintenance contract, the contractor is to provide an irrigation watering schedule based on the watering needs of the existing plants in each zone. The contractor shall identify the following: 1. Wet and dry zones, 2 . Plant and turf decline, and 3. Plant infestation in trees, palms, shrubs, groundcover, and turf. These observations must be written in the irrigation report. Immediately advise the project manager and irrigation project manager of the condition and provide immediate solutions. If the procedure is not followed and the plants are damaged or die-off has occurred, it shall be the contractor's responsibility to replace at cost to the County. • All Minor Repair labor cost shall be included in the weekly irrigation function line item. Minor repairs include: The replacement of reads, decoders, nozzles, and solenoids. The installation or replacement of risers. The repair of lateral PVC pipe or funny pipe breaks and clear any restricted sprinkler lines. C Page 13 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahiman-England Irrigation, Inc. Minor Irrigation Repairs Minor irrigation repairs shall include, but not limited, to the following items below. Contractor shall review the irrigation system and repair any blown-off heads, broken lines, and leaks around heads or valves. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. • The Contractor shall further clean and adjust all sprinkler heads and nozzles to ensure that all landscaped areas receive total one hundred percent (100%) irrigation coverage and heads are not spraying onto roadways or walkways. • If a longer nozzle is required contractor shall change nozzle. • Replace defective and/or broken heads or nozzles, install or replace defective and/or broken risers and repair minor breaks or restricted sprinkler lines. • Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. • Minor repairs include replacement of heads, nozzles, decoders, and solenoids; installation or replacement of risers; repair of minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids, necessary for proper and safe operation of the systems. • All minor repairs labor cost shall be reflective in the irrigation weekly function line item. Major Irrigation Repairs Major irrigation repairs to the irrigation systems shall include, but not limited to: • Repairs to valves, controllers, electrical wiring, and main lines. • These repairs are not included in weekly irrigation functions and shall be priced out separately or may be fixed by other. Irrigation additional repair costs Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and the Project Manager prior to additional services being performed. Communication The irrigation service personnel shall have on-site two-way hand-held communications or phone during all weekly/monthly services and/or inspections. There shall always be an irrigation crew of two at the time of service. Crew Size/Man Hours When required, a Contractor shall provide with each site visit a minimum of two personnel with each weekly service of the work areas. The work shall be completed within one visit, if necessary consecutive day visit may follow. Purpose is to have the entire segments under this contract completed at the same time. Contractor will be providing to satisfactorily perform the requirements of this Agreement. Page 14 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. General Maintenance Report The Contractor shall complete the General Maintenance Report Sheets (GMRS) on a weekly basis. The GMRS original form will be provided to the Contractor for reproduction purposes. • The GMRS shall be signed and submitted on a monthly basis prior to monthly billing to the Department's appointed representative for review and approval as to completeness. • The Contractor will also be required to conduct on-site inspections with the Project Manager or Department's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. • A weekly schedule is also required and shall be submitted to the Project Manager before the beginning of the work day on Monday and may be faxed, e-mailed or hand-delivered. The schedule shall indicate the days and service location and must include when irrigation checks are scheduled. C Page 15 of 15 #16-6610"Annual Contract for Landscape Maintenance" Stahlman-England Irrigation, Inc. ACRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 11/16/2016 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(les)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). CONTPRODUCER NAMEACT Mary Retz Lutgert Insurance Ft Myers PHONE 239-418-2120 1AX Not;239-936-8288 12660 World Plaza Ln Bldg 73 (AMA No,Fxt)• Fort Myers FL 33907 ADDRESS:mretz@lutgertinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:FCCI Insurance Company 10178 INSURED STAHL-2 INSURER B:National Trust Insurance 20141 Stahlman England Irrigation INSURERC: Inc., C/O Joanne Stahlman 2063 Trade Center Way INSURER D: Naples FL 34109 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:745164032 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 TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY Y Y GL00162443 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $300,000 X Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I X I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA00258593 1/1/2016 1/1/2017 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ AUTOS�ED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR Y Y UMB00180383 1/1/2016 1/1/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION Y 001WC16A71621 1/1/2016 1/1/2017PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YI,N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Inland Marine-Equipment CM00079353 1/1/2016 1/1/2017 Limit $250,000 Leased-Rented Equipment Y Deductible $1,000 Scheduled Equipment Schedule on file $209,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Workers Compensation applies employees in State of Florida Collier County Government is named as an Additional Insured with respect to General Liability on a primary and non-contributory basis as required by written contract. Collier County Government is named as an Additional Insured with respect to Automobile Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE 4,...Lair- , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE Detail by Entity Name Florida Profit Corporation STAHLMAN-ENGLAND IRRIGATION, INC. Filing Information Document Number P99000110261 FEI/EIN Number 59-3614806 Date Filed 12/22/1999 State FL Status ACTIVE Principal Address 2063 TRADE CENTER WAY NAPLES, FL 34109-6244 Changed: 04/16/2001 Mailing Address 2063 TRADE CENTER WAY NAPLES, FL 34109-6244 Changed: 04/16/2001 Registered Agent Name &Address COSTELLO, T JOHN JR 2235 VENETIAN COURT SUITE 5 NAPLES, FL 34109 Name Changed: 09/02/2011 Address Changed: 02/04/2016 Officer/Director Detail Name &Address Title PTD ENGLAND, JAMES H 15687 VILLORESI WAY NAPLES, FL 34110 Title VPSD http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/28/2016 Detail by Entity Name Page 2 of 2 STAHLMAN, MARK 2212 RESIDENCE CIRCL NAPLES, FL 34105 \'Y�VP HALL, STEVEN M 2251 WEST END COURT LEHIGH ACRES, FL 33971 Annual Reports Report Year Filed Date 2014 01/14/2014 2015 01/13/2015 2016 02/04/2016 Document Images 02/04/2016 --ANNUAL REPORT View image in PDF format 01/13/2015 --ANNUAL REPORT View image in PDF format 01/14/2014 --ANNUAL REPORT View image in PDF format 01/21/2013 --ANNUAL REPORT View image in PDF format 01/09/2012 --ANNUAL REPORT View image in PDF format 09/02/2011 -- Reg. Agent Change View image in PDF format 02/16/2011 --ANNUAL REPORT View image in PDF format 02/19/2010 --ANNUAL REPORT View image in PDF format 03/24/2009 --ANNUAL REPORT View image in PDF format 04/28/2008 --ANNUAL REPORT View image in PDF format 03/13/2007 --ANNUAL REPORT View image in PDF format 01/06/2006 --ANNUAL REPORT View image in PDF format 04/11/2005 --ANNUAL REPORT View image in PDF format 03/25/2004 --ANNUAL REPORT View image in PDF format 04/18/2003 --ANNUAL REPORT View image in PDF format 04/18/2002 --ANNUAL REPORT View image in PDF format 04/16/2001 --ANNUAL REPORT View image in PDF format 03/03/2000 --ANNUAL REPORT View image in PDF format 12/22/1999 -- Domestic Profit View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/28/2016