Loading...
#17-7207 (Florida Land Maintenance) FIXED TERM SERVICE AGREEMENT #17-7207 for Radio Road MSTU Roadway Landscape Maintenance THIS AGREEMENT, made and entered into on this 1.2Th day of 4�Qrf1,b2017, by and between Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, authorized to do business in the State of Florida, whose business address is 3980 Exchange Avenue, 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 three (3) year period, commencing on Date of Board award and terminating on three (3) years from that date 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 two (2) 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. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide annual landscape maintenance in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7207, including all Attachments and Addenda, and Contractor's proposal, referred to herein and made an integral part of this Agreement and Exhibit A — Scope of Services, attached hereto. 3.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure the obtain Work and all Work undertaken by Contractor for the County pursuant to this Agreement during the term and any extension of the term of this Agreement, provided sufficient funds are included in the budget(s). Page 1 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 3.2 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. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Administrative Agent/Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology. 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. 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No mark-up shall be applied to these taxes or fees. 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. 6. 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: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance 3980 Exchange Avenue Naples, Florida 34104 Attention: Robert Kindelan, President Telephone: (239) 643-6205 Email: RKindelancommlandmaint.net Page 2 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida Public Transit and Neighborhood Enhancement (PTNE) 3299 Tamiami Trail East Naples, Florida 34112 Attention: Harry Sells, Project Manager Telephone: (239) 252-4980 Email: HarrySells@colliergov.net 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. 7. 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. 8. 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/Subconsultants. 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. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the 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. Page 3 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance "` 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. 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$500,000 for each accident. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Page 4 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 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 Contractor 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 the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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. 13.1 The duty to defend under this Article 13 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 13 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. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement. 15. 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. 16. 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: Insurance Certificate(s), Contractor's Proposal, Exhibit A— Scope of Services, Exhibit B- Price Schedule, ITB #17-7207, including Attachments and Addendum. 17. 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 12 #174207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 18. 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. 19. 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. Page 6of12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 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 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. 20. 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. 21. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County'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. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 22. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 7 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 23. 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. 24. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 25. 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 an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. 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 Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 26. 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. 27. 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. 28. 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. 29. 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. Page 8 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance 30. 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 delivery dates. 31. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB#17-7207, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 32. 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. 33. 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(c�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. Page 9 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance,Inc.dba Commercial Land Maintenance 0 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 I-TY, FLORIDA Dwig E. Brock, C of Courts By: // Q"g174 ' Y' Penny TaylChairma Dated: 1 a10 11— (SEAL) 1(SEAL) `Attest as to Chairman's ; i signature only. Contra . i,r' Witnesses: Contractor Florida Land Maintenance, Inc. dba Commer Mena I By: til First itness ign ture Ip \\I t} 1.1 e-- �t K 'J9 &z y J.,-.3 (X U'S IJUL eroti(1Q Type/print signature and titleT pe/print witness niimeT VukkdrYli leie&k-A econd Witnes ,______..)Tho %Ookouf Lk ILACC Of TType/print wess nameT A.• •ved as t• •rm nd Legality: ..... • t---, _e_.,...r.L_ ,48 t-County Attorn-y ,� Prin Name 614 Page 10 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance, Inc.dba Commercial Land Maintenance EXHIBIT A Scope of Services (To follow Exhibit B- Price Schedule) Page 11 of 12 #17-7207 Radio Road MSTU Roadway Landscape Maintenance Florida Land Maintenance,Inc.dba Commercial Land Maintenance • At the start of Landscape Maintenance service day and prior to mowing, the Contractor shall remove and dispose of all trash and debris from the service area and right-of-way. • This shall include, but is not limited to,horticultural/non-horticultural debris, palm fronds, tree branches/limbs,loose shrubbery,leaves,rocks,paper,bottles,cans,cigarette butts,and other miscellaneous objects on the ground or attached in the service area and the associated right-of-way. • Disposal of trash and debris shall be at a proper landfill or disposal site. Mowing • Mowing shall be performed in specified MSTU areas,including medians,along the outside edge of the sidewalks of adjacent properties which are not currently maintained by the property owners. • Right-of-way mowing of turf and applicable vegetation is required from back of curb or sidewalk to the right-of-way line. • Turf and groundcover shall be cut to a height of no less than three and one-half inches (3'/2") and the height of the grass blade shall not exceed six inches (6"). • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, bagged clippings shall be collected and removed at no additional cost to the MSTU. All safety equipment, including but not limited to, guards and deflectors are to be installed and functional. • The Contractor shall use appropriate mowing practices, alternate patterns, or walk-behind equipment within narrow or water-soaked areas so as not to create wheel ruts or wear down the turf. • Ruts caused by mowers shall be repaired at no additional costs to the MSTU. • The Contractor shall avoid mowing patterns that eject clippings, rocks, or any miscellaneous debris onto pedestrians and vehicles or into moving traffic. Edging • Mechanical edging of turf boundaries shall be performed with each mowing to establish a clean line of demarcation and eliminate grass root runners. • Edged areas shall to include,but not limited to,parking lots, sidewalk edges,back of curbs, plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees; as well as around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, and manholes, etc.. • Metal blade edging is not permitted along plant bed and turf boundaries where underground irrigation components are present. • Chemical herbicide shall not be used for edging. Weeding • Weeding shall be performed weekly throughout the year to provide a weed-free and well maintained appearance, removing undesired and invasive vegetation on the ground (including palm pups). ITB 17-7207 Radio Rd MSTU Landscape Maintenance 3 • Areas to be weeded include, but not limited to, plant beds, mulched spaces, rocks, sidewalks (concrete, paver, asphalt, etc.), concrete medians, curb joints, utility bases and access boxes, guardrail bases, and tree grates, etc. • Weeds that are less than 3-inches from plantings shall be hand pulled. • Upon pre-approval by the Project Manager, the Contractor shall have the option to use chemical weed-killer or pre-emergent, (both location and product to be used). • Any plants damaged or killed by application of chemical weed-killer or pre-emergent shall be replaced at the expense of the contractor within 72-hours. • Should concerns be identified regarding chemical weeding,the Project Manager may direct that hand-weeding be performed. General Trimming &Pruning • General Trimming and Pruning shall be defined as the cutting of all vegetation below a height of ten feet(10')to provide a tight,well maintained appearance throughout the year. • This includes all groundcovers, shrubs, trees, and palms. • See Exhibit A for specifications and heights for various foliage within the MSTU. • Within this specification, groundcovers and shrubs are "trimmed," while trees and palms are"pruned". • Both trimming and pruning shall meet ANSI standards A300 and include the removal of all diseased or dead vegetation,old leaf growth,broken branches,and suckers at tree bases. • Groundcovers and Shrubs shall be trimmed: o at regular intervals, generally monthly, except to allow for flowering. o with heights and shapes alternating by plant variety,or as determined by the MSTU Project Manager. o to an angled or rounded shape so as not to encroach over curbs or into roadways and pathways. o in a consistent manner for each plant variety to give the appearance of continuity throughout the landscape, adjusted as needed for local topography. o to maintain one foot(1')of clearance from the edge of curbs, sidewalks,roadways, or pathways, etc. • Ornamental Grasses shall be trimmed: o after flowering, during the first two weeks of October and April. o at the base to remove old growth. o in a manner to provide a cone shape and without a flat top. • Hedges(CLUSIA) on the right-of-way shall be trimmed: o to maintain a height of ten feet(10'). o to maintain a flat top and flat, vertical side toward the roadway. o to not extend over an adjacent sidewalk or roadway. • Trees and palms shall be pruned: ITB 17-7207 Radio Rd MSTU Landscape Maintenance 4 o to clean out dead limbs, fronds, suckers, etc. o on a quarterly basis, or as needed, to maintain a minimum ten-foot (10') canopy height over sidewalks and pedestrian pathways. • To maintain line-of-sight visibility, vegetation of any kind within turn lanes, at median ends, and along intersection roadsides shall be trimmed or pruned to eighteen inches(18") height by October 1st of each year and subsequently maintained to no more than twenty- four inches (24")per FDOT 2014 Index 546 • The frequency of trimming or pruning may be adjusted at the direction of the Project Manager, Post-Service Cleaning • On the same day,as Weekly Landscape Service and before departing the MSTU,the entire service area shall be cleaned to maintain a neat and safe condition. • This includes removal of any accumulation of debris or anything generated from the maintenance performed. • All hard surfaces shall be blown-down; to include the four (4') foot area from the face of the sidewalks, gutters and curbs,turn lanes,medians, and adjacent parking lots and athletic courts. • Blow-down shall be directed toward the existing landscape median or grass. • Grass clippings or other debris shall not be blown onto adjacent private property or accumulate on the right-of-way, paved areas, or blown into traffic or roadways. Inspecting & Reporting • The Contractor shall inspect all plant, shrub,tree and grass areas in the MSTU during each week's service to the site for completion and cleaning. • The Contractor shall be responsible to promptly notify the MSTU Project Manager of any disease infestation, insect infestation, foliage die-off, irrigation issues, maintenance problems, additional necessary maintenance, or unusual occurrence or finding. • A complete Monthly Landscape Maintenance Report (Exhibit B) shall be filled-in by the Contractor and submitted to the Project Manager no later than the third business day after the last service week of each month. • The Project Manager shall have the option to require a weekly submission, no later than Tuesday following the maintenance week. • The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. Miscellaneous Responsibilities • The removal of existing tree and palm staking shall be the responsibility of the Contractor. ITB 17-7207 Radio Rd MSTU Landscape Maintenance 5 SII • To avoid damage to curbs and turf,the Contractor shall provide and utilize ramps or other devices for ingress and egress, as needed. Damage attributable to the Contractor shall be repaired at the Contractor's expense, as determined by the MSTU Project Manager. WEEKLY IRRIGATION SERVICE The landscape Contractor shall maintain the installed irrigation system for proper function. The areas of responsibility include the following: • The Contractor shall update and coordinate the watering schedules with the Project Manager as required for monitoring purposes and make recommendations to the Project Manager as conditions warrant. All irrigation change requests shall be confirmed via e- mail. Weekly Service Requirements • It shall be the Contractor's responsibility to inspect, operationally test, and perform minor repairs to the irrigation system on a weekly basis to enable proper and safe operation. • Operational testing will be conducted using a cell phone application "Hydropoint WeatherTRAK 2"to test the entire system, electrical and mechanical. • Minor repairs include replacement of heads,nozzles, decoders, 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, etc. • If any irrigation issues beyond the scope of the weekly service are determined, the Contractor shall promptly notify the Project Manager. • Visual inspection of the irrigation system(s) shall be performed to check for: o Cuts o Flooded areas o Leaks o Damaged or deteriorated valve boxes o Pipe damage o Dry areas • Operational testing of the irrigation system(s)shall be performed to verify that source water is available and accessible. o Pumps are operating. o Control enclosures are intact and controllers are powered and responding to inputs. o Controller activated zone control, zone sequence, and zone duration is operational. o Rain sensors are intact and functioning. o Valves are opened and closed to confirm proper function,either manually at the valve box or at the controller. o Spray patterns deliver complete water coverage while avoiding overspray. o Water meters are registering flow and water consumption readings are recorded. • Valve boxes shall be kept fully accessible and clear of debris inside, with lids fully closed when not being serviced. ITB 17-7207 Radio Rd MSTU Landscape Maintenance 6 • Valve assemblies shall be inspected and cleaned,with sprinkler heads,nozzles,and screens cleared and adjusted. • Only County-approved replacement parts may be used and only matched precipitation head replacements may be installed. All irrigation parts shall be supplied by Collier County under a separate annual contract. The landscape contractor must arrange for pickup or delivery. • Repairs to defective or non-operational controllers shall be performed only after direct consultation with the Irrigation Project Manager. • Major repairs are not included in the weekly irrigation service. These include repairs to valves, controllers, electrical wiring and main lines. Prior to proceeding, major repairs shall be evaluated and quoted separately and may be sourced separately from others. Reporting • A complete Monthly Irrigation Maintenance Report (Exhibit B) shall be filled-in by the Contractor and submitted to the Project Manager no later than the third business day after the last service week of each month. (Part of the Monthly Landscape Maintenance Report) • The Project Manager shall have the option to require a weekly submission, no later than the Tuesday following the maintenance week. • The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. ORNAMENTAL & TURF SPRAYING Application • Spraying of trees, shrubs, plants, and turf is to be performed by the Contractor. Contractor must be certified to apply all of the required/proposed chemicals (pesticides)used. • If the primary Contractor is not certified, a certified sub-contractor may be hired upon approval by the Project Manager and at no additional cost to the MSTU. • Every insecticide, fungicide,and herbicide chemical to be applied shall be approved by the Environmental Protection Agency for its intended use and manner of application. • The rate of application shall conform to specifications on the manufacture's labels. • Applications shall be performed when the plant material is dry. • Special applications may be performed after prior approval of the Project Manager Schedule • Spraying may be performed upon prior approval by the Project Manager. • Time frames are as follows: ITB 17-7207 Radio Rd MSTU Landscape Maintenance 7 Trees,Shrubs,Groundcovers,Turf Chemical General Insecticide As-needed Fungicide As-needed Beds Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb I Sep Nov Jan I Mar Turf Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb Sep I Nov Jan I Mar Records • Records must be kept of all chemical (pesticide) applications, including: o Name of person performing the application. o Trade name and manufacturer. o Date and time of application. o Weather conditions. CANOPY TREE AND PALM PRUNING All canopy trees and palms shall be pruned on a regular schedule to create and maintain a fifteen- foot (15') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. • Within this specification, the term "canopy' shall be defined as any large shrub, tree, or palm with foliage at a height of ten-feet(10') and above. • The portion of the canopy situated below ten feet (10') shall be maintained weekly, as described in the General Trimming&Pruning section of this specification. • Work shall be performed in a professional manner in accordance with acceptable trade standards and practices. • Under story plantings shall be protected during pruning. • Pruning shall be accomplished using a pole saw, ladder, boom truck or lift. • Pruning shall not be accomplished by climbing. • All debris from the pruning shall be removed and the site shall be left in a clean and neat condition. • All work will be done with the guidance from a professional Certified Arborist. Canopy Trees • Canopy Trees shall be selectively pruned: ITB 17-7207 Radio Rd MSTU Landscape Maintenance 8 o With guidance from a professional Certified Arborist. o Two (2)times per year to maintain clearance. o One (1)time per year for structural pruning. o To thin cross branching and to shape the trees. o The work shall be done in a professional manner. Any damaged plant material or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Palms • Canopy Palms, including those identified as self-cleaning, shall be selectively pruned: o With guidance of a professional Certified Arborist. o Four(4)times per year to maintain a neat and cleaned appearance. o To remove all nuts, seed pods, and seed stalks. o To remove dead lower fronds while leaving live, healthy fronds intact. o With fronds cut close to the petiole base without damaging living trunk tissue. • If live fronds need to be removed, including below the nine(9) o'clock -three (3) o'clock level from the base of the palm's bud or trunk, prior approval shall be obtained from the Project Manager. FERTILIZER Application • Fertilizer is supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor. • Fertilizing shall be performed twice a year in the months of October-November and April- May, outside of the rainy season. • Slow release formulations shall be used when available. • Fertilizer shall be broadcast throughout the designated medians, planting beds, and turf areas. • Tree bases and pit areas shall be fertilized evenly so as not to produce a fertilizer ring. • Shrubs and groundcovers shall have the fertilizer blown or fan raked off the foliage following the broadcast application. • Fertilizers shall be removed from curbs, sidewalks, and any surfaces where staining may occur. MULCH Application ITB 17-7207 Radio Rd MSTU Landscape Maintenance 9 • Mulch is supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor. • The timetable for installing mulch shall be on an as-needed basis,upon direction by MSTU Project Manager. • All designated plant beds shall be mulched by covering all unplanted areas in bed. • The areas to receive mulch shall be raked to establish a level base. • Areas to receive an initial application of mulch shall have mulch evenly distributed to provide a three inch (3") non-compacted or unsettled depth, measured from the base. • Areas to be re-mulched shall have mulch evenly distributed to provide a two inch (2") non-compacted or unsettled depth,measured from the base. • Mulch shall be kept 2"to 3" away from soft ornamental plant stems such as Lillys to help prevent fungus. • Mulch shall not be placed over valves or valve boxes that are located within mulched areas. • All adjacent areas not mulched (curbs, sidewalks, roadways, etc.) shall be cleared of any mulch or foreign debris. • Upon completion of mulching, all excess material, bags and foreign debris shall be collected and disposed of by the Contractor, leaving the overall landscape in a neat and orderly condition. PRESSURE CLEANING • High pressure water cleaning of brick, concrete, pavement, or other hard surfaces may be requested as-needed. • Pressure cleaning shall be performed at the direction of the Project Manager on a time and materials basis, quoted by the Contractor and approved in advance. • Damage to pressure cleaning area shall be promptly reported including photo,to the Project Manager for evaluation. MATAINENANCE OF TRAFFIC(MOT) • The Contractor shall verify current MOT certification and comply with the requirements of Collier County's Maintenance of Traffic(MOT)Policy, available from the County Risk Management Division. • The Contractor shall utilize adequate barricades,warning devices, and the necessary safety equipment according to Collier County Right-of-Way Ordinance. • Flagmen are required when two-way traffic is obstructed. • Blocking of a public right-of-way (ROW) or street, except under extreme emergency conditions, shall not be permitted without prior approval of the Project Manager and arrangements made with agencies having jurisdiction over the street to be closed. ITB 17-7207 Radio Rd MSTU Landscape Maintenance 10 • For safe worker visibility; approved bright day-glow red/yellow/orange colored safety vests (Class 3) shall be worn by employees when servicing the area. REPORTS • Reports shall be written in English. • Reports will be e-mailed to the Project Manager and Designees prior to submission of monthly invoices for payment. • Report sheets (Exhibit B) in County format will be provided to the Contractor for this purpose. • Contractor's format may be acceptable,upon review and approval by the Project Manager. MEETING ATTENDANCE • The Contractor shall attend all monthly MSTU Advisory Committee meetings to discuss the ongoing project site Landscape and Irrigation, per the weekly reports, and answer any resulting questions. • There shall be no additional charge for attendance at these meetings. • If the Contractor fails to attend the monthly meetings without an excused absence, an amount equal to two(2)hours at the supervision labor rate as listed on the Quote Page shall be deducted from the Contractor's monthly invoice. • The Contractor shall be available for on-site inspection in the MSTU to verify work completed or to review open issues at the Project Managers request. GENERAL PROVISIONS • The Contractor shall identify a singular point of contact with radio, cellular phone and e- mail for on-site and off-site communication to communicate with the Project Manager. • The Contractor shall provide a sufficient crew size for each Weekly Landscape Service to be completed within one(1)day,and if required, a consecutive day immediately following. • Professional courtesy, conduct, and appropriate work clothing are expected at all times. • Replacement of plants, shrubs, trees, grass or foliage due to death caused by neglect or damage by the Contractor, Contractor's employees or a Subcontractor, as determined by the Project Manager, shall be at the Contractor's sole expense. • Should additional costs be anticipated which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services; and as per Collier County's Procurement Ordinance. • Accidents, thefts, and vandalism shall be reported to the Project Manager on the same day as discovered, including pictures when reasonably available to be taken. ITB 17-7207 Radio Rd MSTU Landscape Maintenance 11 CONTRACTOR EMPLOYEES • All employees of the Contractor working under this specification shall at all times be sole employees of the Contractor's company and under the Contractor's sole direction y. • The Contractor shall supply competent and physically capable employees. • At the direction of the Project Manager,the Contractor shall remove any employee deemed to be careless, incompetent,insubordinate,or otherwise objectionable and whose continued services are not in the best interest of the County. ITB 17-7207 Radio Rd MSTU Landscape Maintenance 12 Exhibit Al: Plant Specific maintenance The following table lists specific plant varieties and acceptable pruning for each. During the course of this contract, pruning specifications may be changed or added at the direction of the MSTU Project Manager. All changes to this table shall be submitted in writing to the Contractor for implementation. If changes in the table result in a different cost of service, the Contractor shall submit a change request in writing to the Project Manager detailing the additional work and price difference. Scientific Name Common Name Action Areca Palm Dypsis Lutrescens All"pups"are to be removed to keep base of the palm clean. Asian Jasmine Trachelospermum To be trimmed at 4-6"in height and be edged at sidewalks,trees, Asiaticum etc. Do not allow Jasmine to climb;hand weed,no roundup. Bougainvillea'Silhouette' Silhouette To be trimmed to 24". During rainy season cut individual shoots Bougainvillea back as they appear Clusia guttifera Clusia'Dwarf Trim to 6' on top and face shear so as not to encroach onto sidewalk Gold Mound Duranta Gold Mound To be trimmed to 24" Ficus macrocarpa'Green Green Island Ficus Trim to 6' on top and face shear so as not to encroach onto Island' sidewalk. Ilex vomitoria'Nana Ilex'Schillings Dwarf To be trimmed to 36"maximum or 24"if in line of sight Schillings' Juniperus chinensis'Parsonii' Parson's Juniper Trim dead stems. To be trimmed overall to 24" Lantana'Gold Mound' Gold Mound Lantana Trim to 18"to prevent plant from becoming leggy Muhlenbergia capillaris Muhly Grass Trim to pyramid shape once to twice a year after flowering Serenoa repens'Silver' Silver Saw Palmetto Remove seed pods and dead foliage. Plumbago auriculata Plumbago Pruning to maintain plant definition,not to exceed a height of 36" Euphorbia milii Crown of Thorn Pruning to maintain plant definition,not to exceed a height of 24" Hamelia patens Firebush To be trimmed maintaining a maximum height of 6'when designed as a hedge. When planted in area where line of sight must be maintained,maximum height should be 24'. Ixora coccinea Ixora To be trimmed maintaining a maximum height of 6'when designed for a hedge. When planted in area where line of sight must be maintained,maximum height should be 24'. Myrsine africana Myrsine To be trimmed maintaining a maximum height of 6'when designed for a hedge. When planted in area where line of site must be maintained,maximum height should be 24'. AC RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/30/2016 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 NAME: Brown&Brown Of Florida, Inc. (A/C NN.FXt)•239-262-5143 Ia/c.Not;239-261-8265 1421 Pine Ridge Road, Suite 200 E-MAIL Naples FL 34109 ADDRESS certs©bbnaples.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:North River Ins. Co. 21105 INSURED COMME-2 INSURER B:Associated Industries Insuranc 23140 Florida Land Maintenance Inc dba INSURER c:Southern-Owners Ins. Co. 10190 Commercial Land Maintenance INSURER D:Owners Ins Co. 32700 3980 Exchange Avenue Naples FL 34104 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1507958783 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C x COMMERCIAL GENERAL LIABILITY Y Y 20229177 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 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 PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5039875901 1/1/2017 1/1/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR 5811077628 1/1/2017 1/1/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$0 $ B WORKERS COMPENSATION Y AWC1076289 1/1/2017 1/1/2018 PER OTH- AND EMPLOYERS'LIABILITYY/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 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 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Landscaping Contractor General Liability includes Additional Insured status per form #55373 - Blanket Additional Insured, when required under a written agreement with you. Blanket Waiver of Subrogation per General Liability Plus Endorsement. Workers Compensation includes Blanket Waiver of Subrogation per form #W0000313 - Waiver of our Right to Recover from Others Endorsement. See Attached. . . 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 E ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE 144 1/4,.,,-.100:0) ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: COMME-2 LOC#: A)RD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown & Brown Of Florida, Inc. Florida Land Maintenance Inc dba Commercial Land Maintenance POLICY NUMBER 3980 Exchange Avenue Naples FL 34104 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County Government as Additional Insured, when required by written agreement, for any and all work performed in Collier County ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 25.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 1/1/2016 Policy No. AWC1056382 Endorsement No. WC000313 Insured Florida Land Maintenance, Inc. Premium $ 38058 Insurance Company Associated Industries Insurance Company, Inc. Countersigned by ®1983 National Council on Compensation Insurance.