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#17-7206 (Ground Zero Landscaping Services)
FIXED TERM SERVICE AGREEMENT 17-7206 for Vanderbilt Beach MSTU Roadway Landscape Maintenance THIS AGREEMENT, made and entered into on this day of fe.Vcio..020 18, by and between Ground Zero Landscaping Services, Inc. , authorized to do busirfess in the State of Florida, whose business address is 1907 Fairfax Circle, Naples, Florida 34109 , (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 upon the date of Board approval n on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) 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(s) 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 ❑i Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) 1.1 Invitation to Bid (ITB) n Other ( ) # 17-7206 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ® The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Pagel of 17 Fixed Term Service Agreement#2017-002(Ver.1) 3.1 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- Fee 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 County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. El Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractors 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 markup). 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). 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 4.4 C (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to 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. 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 # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Ground Zero Landscaping Services Inc. Address: 1907 Fairfax Circle Naples, Florida 34109 Authorized Agent: Attention Name & Title: Aaron Gross, President Telephone: (239) 821-3472 E-Mail(s): gzls@naples.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Board of County Commissioners for Collier County, Florida Division Director: Michelle Edwards-Arnold Division Name: Public Transit& Neighborhood Enhancement Division Address: 3299 Tamiami Trail East, 1st Floor Naples, Florida 34112 Administrative Agent/PM: Harry Sells, MSTU Project Manager Telephone: (239) 252-4980 E-Mail(s): 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. 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 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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 the non-performance. 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. n 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. U] 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. n 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. D. ❑ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. E. 11 Cyber Liability: Coverage shall have minimum limits of$ per claim. F. E : Coverage shall have minimum limits of$ per claim. 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 Page 5of17 Fixed Term Service Agreement#2017-002(Ver.1) 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. 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 and Neighborhood Enhancement Division Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ 0 ITB/0 Other # 17-7206 including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and n Other Exhibit/Attachment: 17. APPLICABILITY. Only the sections corresponding to any checked box (1M) will apply to this Agreement. 18. 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. 19. 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. 20. 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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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 Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. 23. n 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. 24. 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. 25. [ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 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 Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. II 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. 27. 0 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 load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the 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. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. 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. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page 10 of 17 Fixed Tenn Service Agreement#2017-002(Ver.1) 31. 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. 32. 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. 33. 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. 34. fI KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project 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 services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. U 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 required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 35. E■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. 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. 37. 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. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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. ATTEST: BOARD OF 4U Y COMM • ERS COLLIER ' •U FLO" a Dwight E. Brock, Clerk of Courts • A I BY: Niel ...AIL h1 At _. -" By: Arby SotsChairman Dated: IillErra , . (SEAL) £tte'f'as to Chairman's. c n°l;tUre only. Contractor's Witnesses: Ground Zero Landscaping Services, Inc. Contra for 64-44-'1 By: ontracto s First Witness i n tore pus. l- 1/ TType/print signature and titlet TTy• - print witness namet Co t c •is Second Witness TType/print witness name A• •rov as to F rm nd Legality: 1111 16• rijy County Attorney eztf /- "'T 4� Print ame Page 14 el!? Fixed Teri Service Agreement#2017-002(Vei.I) CO244 Exhibit A Scope of Services n following this page (pages 1 through 12 ) [] this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) EXHIBIT A-SCOPE OF SERVICES Colter County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Vanderbilt Beach MSTU Roadway Landscape Maintenance SOLICITATION NO.: 17-7206 ATTACHMENT A—SCOPE OF SERVICES BRENDA BRILHART,PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FLORIDA 34112 TELEPHONE: (239)252-8446 brendabrilhart@colliergov.net(Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. Attachment A-Scope of Work/Services and Technical Specifications Detailed Scope of Work The following specifications outline the minimum requirements of Collier County for a prospective Contractor to enter into a contract to provide Landscape Maintenance services within the boundaries of the Vanderbilt Beach Municipal Service Taxing Unit(MSTU), designated as ITB 17-7206-"Vanderbilt Beach MSTU Landscape Maintenance". The responsibility to discern the Scope of Service detailed in this specification shall rest solely with the Contractor. A failure of the Contractor to accurately assess the Scope shall not relieve any of the responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. All sections of these Specifications may not be applicable to all service areas listed and the frequency of any services provided by the Contractor may be modified as needed by the MSTU Project Manager. SCOPE OF SERVICE The Contractor shall furnish all labor, tools, materials, and processes necessary to perform the work described hereunder, except for items that may be provided separately by the County (i.e. fertilizer, mulch,etc.) as identified. LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below and/or as shown on the plans attached to these specifications to include sidewalks, curbing, guardrails, landscaping, irrigation observation as described in this contract,being described as Areas No.1 as follows: Those areas where curbing, landscaping and irrigation systems have been installed to date, being located as follows: 1. An area on the north right-of-way of Vanderbilt Beach Road and west of Vanderbilt Beach Drive to Launch Circle,south side of the sidewalk. (Contract Sub-Area N-01) 2. The west right-of-way of Vanderbilt Drive—Vanderbilt Beach Road to Bluebill Ave./111th Ave. including side street radii. (1.3 miles — one single ROW side maintenance; no medians) (Contract Sub-Areas S-01 thru S-15) 3. Bench Sitting Areas#1 thru#6 (includes pavers); (Contract Sub-Areas B-01 thru B-06). The benches at B-02 and B-06 have been removed due to construction. The restoral date is not known. WEEKLY LANDSCAPE SERVICE Weekly Landscape Service in the designated MSTU area(s)—details described below-shall include trash removing, mowing, edging, weeding, general trimming, pruning, post-service cleaning, and inspecting/ reporting. Trash Removing • At the start of Landscape Maintenance Service on the day of service and prior to mowing, the Contractor shall remove and properly dispose of all trash and debris from the service area and right-of-way. ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance • This shall include, but is not limited to, horticultural and non-horticultural debris, palm fronds, tree branches and 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. These fees are to be included in the bid price. 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 vegetation shall be cut to a height of no less than three and one-half inches (31/2") and the height of the grass blade shall not exceed six inches (6"). • Roadside swales shall be mowed throughout the entire year. When mowing is not possible due to standing water or soft ground, string trimmers shall be used to reduce the height of turf and vegetation to the waterline. • 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 equipment 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. Edein2 • 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 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. where they exist. • Metal blade edging is not permitted along plant bed and turf boundaries where underground irrigation components are present. • Chemical herbicides 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 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 2 • Areas to be weeded include 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. • The contractor shall have the option to use chemical weed-killer or pre-emergent, upon approval by the Project Manager of both the 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 & 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 groundcovers, shrubs,trees(except magnolias),and palms. • See specifications and heights for various foliage within the MSTU. • Within this specification, groundcovers and shrubs are "trimmed," while trees and palms are "pruned;"except magnolias. • Both trimming and pruning shall meet ANSI standards 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 on the right-of-way shall be trimmed: o to maintain a height of six feet(6'). o to maintain a flat top and flat,vertical side toward the roadway. o to not extend over an adjacent sidewalk or roadway. o Property Owner Exception: ➢ Effected only upon written request from the Property Owner and signed approval by the Project Manager. ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 3 ➢ Property Owner agrees to maintain hedge at maximum height of ten (10) feet at their expense consistent with the top and vertical side specifications as described above. ➢ Exception may be cancelled at any time by the Project Manager. • Trees and palms shall be pruned: 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 Indexes. • 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 (Attachment) 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 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 4 • 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 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. • 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 Irrigation Project Manager. • Visual inspection of the irrigation system(s)shall be performed to check for: o Cuts o Leaks o Pipe damage o Dry areas o Flooded areas o Damaged or deteriorated valve boxes • 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. • 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 ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 5 separate annual contract. The landscape contractor must arrange for pickup or delivery in accordance with the Division's Standard Operating Procedures(SOPs). • 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 (Attachment) 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, who must be certified to apply the 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: 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 I Jan Mar ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 6 Turf Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb I 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&manufacturer. o Date&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. Canopy Trees • Canopy Trees shall be selectively pruned: 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 materials 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. ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 7 • 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 • 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 Implanted 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. ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 8 • Pressure cleaning shall be performed at the direction of the Project Manager on a time & materials basis, quoted by the Contractor and approved in advance upon issuance of a Notice-to- Proceed(NTP). • Damage to pressure cleaning area shall be promptly to the Project Manager for evaluation. • Brick Paver maintenance includes all pavers at bench sitting areas#1 thru#6. 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. • 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. • Each e-mailed to the Project Manager and Designees prior to submission of monthly invoices for payment. • Report sheets(Attached)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 of the 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 ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 9 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 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. • 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. 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 and not an employee or agent of Collier County. • 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. 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 All "pups"are to be removed to keep Areca Palm Dypsis Lutrescens base of the palm clean. To be trimmed at 4-6"in height and be Asian Jasmine Trachelospermum Asiaticum edged at sidewalks,trees,etc. Do not allow Jasmine to climb;hand weed,no roundup. To be trimmed to 24". During rainy Bougainvillea'Silhouette' Silhouette Bougainvillea season cut individual shoots back as they appear Trim to 6' on top and face shear so as Clusia guttifera Clusia'Dwarf not to encroach onto sidewalk Gold Mound Duranta Gold Mound To be trimmed to 24" ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 10 Ficus macrocarpa'Green Green Island Ficus Trim to 6' on top and face shear so as Island' not to encroach onto sidewalk. Ilex vomitoria'Nana Ilex'Schillings Dwarf To be trimmed to 36"maximum or 24" Schillings' if in line of sight Juniperus chinensis Trim dead stems. To be trimmed 'Parsonii' Parson's Juniper overall to 24" Lantana'Gold Mound' Gold Mound Lantana Trim to 18"to prevent plant from becoming leggy Muhlenbergia capillaris Miihly Grass Trim to pyramid shape once to twice a year after flowering Serenoa repens'Silver' Silver Saw Palmetto Remove seed pods and dead foliage. Pruning to maintain plant definition,not Plumbago auriculata Plumbago to exceed a height of 36",24"within sight lines Euphorbia milii Crown of Thorn Pruning to maintain plant definition,not to exceed a height of 24" To be trimmed maintaining a maximum height of 6'when designed as a hedge. Hamelia patens Firebush When planted in area where line of sight must be maintained,maximum height should be 24'. To be trimmed maintaining a maximum height of 6' when designed for a hedge. Ixora coccinea Ixora When planted in area where line of sight must be maintained,maximum height should be 24'. To be trimmed maintaining a maximum height of 6'when designed for a hedge. Myrsine africana Myrsine When planted in area where line of site must be maintained,maximum height should be 24'. ITB 17-7206 Vanderbilt Beach MSTU Landscape Maintenance 11 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Exhibit B-Fee Schedule ITB 17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance DESCRIPTION QTY UNIT UNIT PRICE TOTAL SECTION Ic BASIC MAINTENANCE FUNCTIONS 1 Weekly Mowing&Edging 49,776 sq.Sod 52 Ea 150 $ 7,800.00 2 General Weeding(hand and chemical)shrubs,groundcovers for weed free site 52 Ea 200 $10,400.00 3 General Site Pruning(includes all disposal cost) Entire area completed once per month. 12 Ea 300 $ 3,600.00 4 Weekly Trash Removal(includes all disposal cost) 52 Ea 50 $ 2,600.00 5 Weekly Street Cleaning 52 Ea 75 $ 3,900.00 6 Weekly Irrigation Systems Functions 52 Ea $200.00 $10,400.00 Section I Total $38,700.00 SECTION lk SITE SPECIFIC MAINTENANCE FUNCTION 7 Hedge Pruning-28 Lot lengths(175 feet per lot)face prune and cut to max ht.6 feet unless otherwise directed. 3 EA 980 $ 2,940.00 Three times per year Jan,May,Sept 8 Mature Canopy Trees-Lift 10'off sidewalks and 15'off roadways twice a year,structural once a year. 2 Ea $200.00 $ 400.00 Approximately 40 trees 9 Palms,various species and sizes,all trees four times a year. (includes seed pods) Approximately 104 trees. 4 Ea $1664.00 $ 6,656.00 Fertilization:Turf.Groundcover,Shrubs.and Trees 10 8-2-12 (slow release)(two times a yr.;Unit Price per bag of 32 bags)(Labor only;County Supplies Fertilizer) 32 Ea $5.00 $ 160.00 ORNAMENTAL SPRAYING Contractor to supply chemical 11 Groundcover,Shrubs,&Trees:Insecticides as needed(Per one lot length 175 feet.Contractor supplies 1 Ea $ 65.00 $ 65.00 Chemical)Total Price=cost per lot x#of lots 12 Groundcover,Shrubs,&Trees:Fungicides as needed(Contractor supplies Chemical) Per square foot 1 SF $ 0.07 $ 0.07 13 Groundcover,Shrubs,&Trees:Herbicides as needed(Contractor supplies Chemical) Per square foot 1 SF $ 0.05 $ 0.05 14 Groundcover,Shrubs, Herbicides for torpedo grass as needed Per square foot 1 SF $ 0.10 $ 0.10 15 Soil drench for white fly infestation. Once per year as directed(per 175 feet of hedge-1 lot length. Contractor 1 Ea $ 23.00 $ 23.00 16 Turf:Insecticides&Fungicides for 49,776 sf sod as needed(Contractor supplies Chemical)per square foot 1 SF $ 0.02 $ 0.02 17 Turf:Herbicides for 49,776 sf sod as needed. (Contractor supplies Chemical)per square foot 1 SF $ 0.01 $ 0.01 18 Mulch Application Calculated using 36,000 SF coverage(2"mulch,2 cu.ft.bags)3000 bags. Unit cost per bag 1 Ea $ 0.45 $ 0.45 19 PRESSURE CLEANING BRICK PAVERS(4,050 sq.ft.TOTAL)(PER 100 SQUARE FEET MINIMUM)Unit cost X 1 Ea $ 12.00 $ 12.00 Section II Total $10,256.70 Section III. General Services Alternates. 20 Irrigation Supervisor(per man hour): 1 Hr. $ 50.00 $ 50.00 21 Supervisor(per man hour) 1_ Hr. $ 45.00 $ 45.00 22 Supervisor(Out of hours emergency,per man hour) 1 Hr. $ 70.00 $ 70.00 23 Irrigation Technician(per man hour): 1 Hr. $ 45.00 $ 45.00 24 Irrigation Technician(Out of hours emergency,per man hour): 1 Hr. $ 70.00 $ 70.00 25 Laborer/Helper(per man hour): 1 Hr. $ 35.00 $ 35.00 26 Laborer/Helper(Out of hours emergency,per man hour): 1 Hr. $ 53.00 $ 53.00 27 Irrigation System Review;Unit per hour 1 Hr. $ 55.00 $ 55.00 28 Staking of Small Palm(4"-6"Caliper) 1 Hr. $ 70.00 $ 70.00 29 Staking Large Palms(Caliper greater than 6") 1 Ea $ 90.00 $ 90.00 30 Staking Small Canopy Tree(2x2 posts and guy wire,4"-6"caliper) 1 Ea $ 70.00 $ 70.00 31 Staking Large Canopy Tree(2x4 posts,greater than 6"caliper) 1 Ea $ 90.00 $ 90.00 32 Restanding and Staking Small Palm(4"-6"Caliper) 1 Ea $ 200.00 $ 200.00 33 Restanding and Staking Large Palms(Caliper greater than 6") 1 Ea $ 215.00 $ 215.00 34 Restanding and Staking Small Canopy Tree(2x2 posts and guy wire,4"-6"caliper) 1 Ea $ 200.00 $ 200.00 35 Restakinq Large Canopy Tree(2x4 posts,greater than 6"caliper) 1 Ea $ 225.00 $ 225.00 36 Bobcat and Operator;Unit per Hr. 1 Ea $ 95.00 $ 95.00 37 Stump Grinder and Operator;Unit per Hr. 1 Hr. $ 85.00 $ 85.00 38 Truck Operator(Class B or higher current State of Florida Driver License);Unit per hr. 1 Ea $ 55.00 $ 55.00 Section III Total $ 1,818.00 TOTAL BASE BID+ALTERNATE $50,774.70 ESTIMATED TOTAL MAN-HOURS TO PERFORM REQUIRED SERVICES per week. Minimum of two men on site MATERIALS COST PLUS;Materials cost plus mark-up cannot exceed fifteen percent(15%).The percentage does 15 not affect the bid but will not be awarded to the bidder who omits or exceeds the PLACE%PERCENT MARK-UP Other Exhibit/Attachment Description: _ following this page (pages through ) F. this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CERTIFICATE OF LIABILITY INSURANCE I 1/11/2018 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend or alter the coverage afforded by the policies below. Holiday, FL 34691 (727)938-5562 Insurers Affording Coverage , NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurers: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwidrstanding 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence $ Commercial General Liability y Damage to rented premises(EA Claims Made El Occur pence) $ Med Exp $ Personal Adv Injury $ General aggregate limit applies per: General Aggregate E D Policy ❑Project ❑ LOC Products-Comp/Op Agg $ AUTOMOBILE LIABILITY - Combined Single Lint (EA Accident) $ Arry Auto Bodily Injury All Owned Autos (Per Person) $ Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) $ Property Damage wwir . (Per Accident) 4$ EXCESS/UMBRELLA LIABILITY Each Occurrence Occur 0 Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2018 01/01/2019 X I WC Statu- I I OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000.000 excluded? No E.L.Disease-Ea Employee , x1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000.000 Other Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/LocationsNehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 37-66-375 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Ground Zero Landscaping Services Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s;,while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or by calling(727)938-5562. Project Name: LAWN CARE SERVICE CONTRACT#17-7206 -VANDERBILT BEACH MSTU ROADWAY LANDSCAPE MAINTENANCE ISSUE 01-11-18(PH) Begin Date 4/11/2005 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOAD OF COUNTY COMMISSIONERS Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 3295 TAMIAMI TRAIL E NAPLES, FL 34112 A ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/11/2018 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 have ADDITIONAL INSURED provisions or 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 Andrea Hamic NAME: Al Purmort Insurance PHONE (941)924-3808 FAX (941)924-8799 (A/C,No,Ext): (A/C,No): 3340 Bee Ridge Road Ar Dr2Ess: andreah@alpurmort.com INSURER(S)AFFORDING COVERAGE NAIC# Sarasota FL 34239INSURERA: Westfield Insurance Company 24112 INSURED INSURER B: Ground Zero Landscaping Services Inc. INSURER C: 1907 Fairfax Circle INSURER D: INSURER E: Naples FL 34109 INSURER F: COVERAGES CERTIFICATE NUMBER: 2017/18 Master 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 SUHR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD W /Y VD POLICY NUMBER (MM/DD/YYYY) (MM/DDYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 150,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 1,000 A Y CWP0104249 11/17/2017 11/17/2018 PERSONAL„ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 1,000,000 JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CWP0104249 11/17/2017 11/17/2018 BODILYINJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE CWP0104249 11/17/2017 11/17/2018 AGGREGATE $ 1,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Lawn Care Service Contract#17-7206 Vanderbilt Beach MSTU Roadway Landscape Maintenance Certificate holder is additional insured on a primary and non-contributory basis as required by written contract,but only in accordance with policy term,provisions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Collier County Board of County Commissions ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE �I Naples FL 34112 (,gyp, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CWP 0104249 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) equipment furnished in connection with or organization(s) shown in the Schedule, but such work, on the project (other than only with respect to liability for"bodily injury", service, maintenance or repairs) to be "property damage" or "personal and adver- performed by or on behalf of the addi- tising injury" caused, in whole or in part, by: tional insured(s) at the location of the covered operations has been completed; 1. Your acts or omissions: or or 2. The acts or omissions of those acting on 2. That portion of "your work" out of which your behalf: the injury or damage arises has been put to its intended use by any person or or- in the performance of your ongoing oper- ganization other than another contractor ations for the additional insured(s) at the or subcontractor engaged in performing location(s) designated above. operations for a principal as a part of the However: same project. C. With respect to the insurance afforded to 1. The insurance afforded to such additional these additional insureds, the following is insured only applies to the extent per- added to Section III - Limits Of Insurance: mined by law; and If coverage provided to the additional insured 2. If coverage provided to the additional in- is required by a contract or agreement, the sured is required by a contract or agree- most we will pay on behalf of the additional ment, the insurance afforded to such insured is the amount of insurance: additional insured will not be broader 1. Required by the contract or agreement; than that which you are required by the contract or agreement to provide for or such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to Insurance shown in the Declarations: these additional insureds, the following addi- whichever is less. tional exclusions apply: This endorsement shall not increase the ap- This insurance does not apply to "bodily in- plicable Limits of Insurance shown in the jury" or"property damage" occurring after: Declarations. CD Insurance Services Office, Inc.. 2012 CG 20 10 04 13 POLICY NUMBER: CWP 0104249 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrganIzation(s) Location(s)And Description Of Covered Operations All persons or organizations when you have All Locations. agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to contract or agreement to provide for include as an additional insured the person(s) such additional insured. or organization(s) shown in the Schedulebut only with respect to liability for"bodily injury" B. With respect to the insurance afforded to or "property damage" caused, in whole or in these additional insureds, the following is part, by "your work" at the location desig- added to Section III - Limits Of Insurance: Hated and described in the schedule of this If coverage provided to the additional insured endorsement performed for that additional is required by a contract or agreement, the insured and included in the "products- most we will pay on behalf of the additional completed operations hazard". insured is the amount of insurance: However: 1. Required by the contract or agreement;. 1. The insurance afforded to such additional or insured only applies to the extent per- 2, Available under the applicable Limits of milted by law_ and Insurance shown in the Declarations; 2, If coverage provided to the additional in- whichever is less. sured is required by a contract or agree- ment, the insurance afforded to such This endorsement shall not increase the ap- additional insured will not be broader plicable Limits of Insurance shown in the than that which you are required by the Declarations. a� Insurance Services Office Inc.,2012 CG 20 37 04 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WPSTrrlLD 011111114 '■" SERIES sM COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this expanded coverage endorsement does not apply to any person or organ- ization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Form. SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Liquor Liability Coverage Extension C. Non-Owned Watercraft • Increased to 60 feet D. Non-Owned Aircraft E. Damage To Property- Borrowed Equipment F. Damage To Premises Rented To You G. Personal And Advertising. Injury • Contractual Personal and Advertising Injury • Exclusions H. Supplementary Payments • Bail Bonds -$2,500 • Loss of Earnings - $1,000 I. Additional Insureds -Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision Controling Interest • Managers.or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co-Owners of Insured Premises • Lessor of Leased Equipment J. Who Is An Insured broadened • Joint Ventures ! Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities K. Knowledge and Notice of Occurrence L. Other insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us -Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined • Insured Contract redefined • Expanded Personal and.Advertising Injury definition A. EXPECTED OR INTENDED INJURY "Bodily Injury" or"property damage" Under SECTION 1, COVERAGES, COVERAGE expector intended from the A. BODILY INJURY AND PROPERTY DAMAGE standpooexpected int the insured. Thisex- clusion does not. apply to "bodily in- exclusion a. is replaced with the following. jury" or"property damage' resulting from the use of reasonable force for a. Expected Or Intended Injury the purpose of protecting persons or property. CG 7137 11 12 Page 1 of 7 B. LIQUOR LIABILITY COVERAGE EXTENSION (6) That particular part of any real SECTION 1, COVERAGES, COVERAGE A property that must be restored, BODILY INJURY AND PROPERTY DAMAGE replaced, or repaired because LIABILITY, Item 2. Exclusions c. Liquor Li- your work" was incorrectly ability is deleted. performed on it. C. NON-OWNED WATERCRAFT Paragraphs (1), (3) and (4) of this exclusion do not apply to: Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (i) "property damage" to LIABILITY, Item 2. Exclusions g.2(a) is re- tools or equipment placed with the following: loaned to you if the tools or equipment are (a) Less than 60 feet long; and not being used to per- D. NON-OWNED AIRCRAFT form operations at the time of loss; or Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (ii) "property damage" LIABILITY, Item 2. Exclusions g. Aircraft, (other than damage by Auto or Watercraft, the following is added: fire) to premises rented to you or temporarily (6) An aircraft you do not own pro- occupied to you with vided that: the permission of the (a) The pilot in command holds owner or to the con- a currently effective certif- tents of premises icate issued by the duly rented to you for a pe- constituted authority of the hod of seven (7) or United States of America or fewer consecutive Canada, designating that days. A separate limit person as a commercial or of insurance applies to airline transport pilot; Damage To Premises Rented To You as de- (b) It is rented with a trained, scribed in Section III - paid crew; and Limits Of Insurance, (c) It does •not transport per- Paragraph (2)of this exclusion does not apply sons or cargo for a charge. if the premises are "your work" and were not E. DAMAGE TO PROPERTY - BORROWED occupied, rented or held for rental by you beyond one year from the date "your work" EQUIPMENT was completed. Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph (2)of this exclusion does not apply LIABILITY, Item 2. Exclusions j. is deleted if the premises are "your work" and were never occupied, rented or held for rental by and replaced by the following: you. j. Damage To Property: Paragraphs (3), (4), (5) and (6) of this exclu- (1) Property you own, rent or oc- sion do not apply to liability assumed under cLIPY; a sidetrack agreement. Paragraph (6)of this exclusion does not apply (2) Premises you sell, give away or abandon, if the "property dam- to "property damage" included in the "products-completed operations hazard." age" arises out of any part of those premises; F. DAMAGE TO PREMISES RENTED TO YOU (3) Property loaned to you; Under SECTION I - COVERAGES, COVERAGE (4) Personal property in the care, A BODILY INJURY AND PROPERTY DAMAGE custody or control of the in- LIABILITY, Item 2. Exclusions, the last para- sured; graph of Item 2. Exclusions is replaced with the following: (5) That particular part of any real property on which you or any Exclusion c. through n. do not apply to dam- contractors or subcontractors age by fire or explosion to premises while working directly or indirectly on rented to you or temporarily occupied by you your behalf are performing op- with permission of the owner. A separate erations, if the "property dam- limit of insurance applies to this coverage as age" arises out of those described in Section III - LIMITS OF INSUR- operations; or ANCE. CG 7137 11 12 Page 2 of 7 G. PERSONAL AND ADVERTISING INJURY Only the following persons or organizations are additional insureds under this 1, endorse- Under SECTION COVERAGES, ����R�/�E B PERSONAL AND ADVERTISING INJURY L!^ ment and coverage provided to such addi- tiona( insunodo islimited an provided herein: ABILITY, Item2. Exclusions� e. Contractual - Liability is deleted. a. State or Governmental Agency or Under SECTION I - COVERAGES, COVERAGE Subdivision or Political Subdivisions B PERSONAL AND ADVERTISING INJURY LI- A state or governmental agency or the following are added to Item 2 LI- ABILITY, ` subdivision or political subdivision Exclusions: subject to the following provisions: q. Discrimination Relating To Room, Dwelling or Premises (1) This insurance applies only with respect to the following hazards Caused by discrimination directly or for which the state or govern- indirectly related to the sale, rental, mental agency or subdivision or lease or sub-lease or prospective political subdivision has issued sale, rental, lease or sub-lease of a permit or authorization in any room, dwelling or premises by connection with premises you or at the direction of any insured, own, rent or control and to r. Fines or Penalties which this insurance applies. Fines or penalties levied or imposed (a) The existence, repair main- by a oain^bya governmental entity because of tenancn' oreodon, con- discrimination. struction, or removal of advertising signs, awnings H. SUPPLEMENTARY PAYMENTS cunopieo, cellar entrances, Under SECTION I - SUPPLEMENTARY PAY- coal holes, driveways, MENTS COVERAGES A AND B, item 1,b, is muoho|es, nma,qunwo, hoist replaced with the following: away npnninga, sidewalk vuu|ts, street bmnnnrs, or b. Up to $2.500 for cost of bail bonds decorations and similar ex- required because of accidents or pnsuren; or traffic law violations arising out of the use of anvehicle to which the (b) The cmnc1run1inn, erection, 'Bodily Injury" Liability Coverage or removal of elevators, applies. We do not have to furnish these bonds. (2) This insurance applies only with respect to operations performed Under SECTION I - SUPPLEMENTARY PAY- by you or on you, behalf for K8ENTS COVERAGES A AND B, item 1'd. is which the state orgovernmental replaced with the following: agency or subdivision or poli- d. All reasonable expenses incurred by tical subdivision has issued a the insured at our request to assist permit or authorization. us in the investigation or defense of this insurance'does not apply to the claim or ^nuit^ including actual' "bodily injury" "property dam- loss up |psm of earningsto $1,000 a day ' age" or ^pmmono| and odvertio` boomuuo of time off from work. ing injury" arising out of I. ADDITIONAL INSUREDS - AUTOMATIC STA- operations performed for the TUS federal govmolment state or municipality, SECTION II - WHO IS AN INSURED is amended to include as an insured anruob. Managers or Lessors of Premises or organization (called additional insured) described in paragraphs a, through g. below A.manager or lessor of premises but whom you are required to addas an addi- only with respect to liability arising tional insured on this policy under a written out of the pwnership, maintenance contract or written agreement. However the or use of that specific part of the written contract or written agreement must premises leased to you and subject be: to the following additional exclu- sions: 1. Currently in effect or becoming effective during the term of the policy; and This insurance does not apply to: 2. Executed prior to the "bodily injury-, (1) Any "occurrence" which takes "property damage" or "personal injuryplace after you cease to be a and advertising injory^, but tenant in that premises; or C ! 7137 11 12 (2) Structural alterations, new con- This insurance does not apply: struction or demolition oper- ations performed by or on (1) To any "occurrence" which behalf of such additional i»- takes place alter the equipment ovno± lease expires; or c. Mortgagee Assignee or Receiver (2) To "bodily injury", "property Amo�gogoo assignee or receiver damage", or "personal and ad- but only with 'respect to their liability vertising injury" arising out of a- mmdgage . assignee orreceiver the sole negligence ofuuuhod- UNono| inuunug ad- and arising out of the ownership, . maintenance, or use of a premises Any insurance provided to an addi- tional designated under Thio insurance does not apply to par- agraphs a through f above does not structural aiteradon8, new con- apply to "bodily injury" or "property struction or demolition operations damage" included within the "pro- performed by or for such additional ducts-completed operations hazard". As respects the coverage provided under this d. Owners Or Other Interests From provision, Paragraph 4.b.(1) of Section IV - Whom Land Has Been Leased Commercial General Liability Conditions is An owner or other interest from who deleted and replaced with the following: land has been leased by you but only with respect to liability arising 4. Other Insurance out of the mwnership, maintenance b. Excess Insurance oruse ofthat opaci�cpart of the land leasedandsub�oct �o �hefo|' oos� toyou (1) This insurance is excess over: lowing additional exclusions: ' Any other insurance naming the This insurance does not apply to: additional insured as an insured (1) Any "occurrence" which takes whether primary, exoeus, con - place�aoe alter you cease to lease tingent or on any other basis unless a written contract or �hat |ond� or written agreement specifically (2) Structural o|terol|unn, new con- requires that this insurance be struction or demolition oper- either primary or primary and ations performed by or on non-contributing. Where re- behalf of such additional in- quired by written contractor oured' written agreement, we will con- sidgrunyc*horinsurenco main- e. Co-owner mYInsured Premises tminod bythe additional insured A co-owner of a premises co-owned for injury on damage covered by by you and covered under this in- this endorsement to beexcess with this surance but onlyand nonwith respect��uthm - co-owners �nourmouo liability as co-owner of ' such premises. J. WHO IS AN INSURED BROADENED y. Lessor of Equipment Under SECTION II - WHO IS AN INSURED the Any person or organization from following is added to item 1: whom you lease equipment. Such J Joint Ventures / Partnership 1 pern000ro � unizaVon �,� |»uureds ' �e� ����d|����mm�mm�����ra�m Lim- only with respect� to their liability arising out of the maintenance, op- You are an insured when you had an eration or use by you of equipment Interest in a joint . partner- leased to you artnor'bmomdtnypu by such person or or- ship or limited liability company ganization. whichis terminated or ended prior to during this hod but A person's or organization's status ~~ ~�o the extent ofy"ur'in\evaotin an insured under this endorse- only' assuch joint venture, partnership or mmni ends when their written con- limited liability company. This co»' tract or written agreement with you mnagodoeo not apply: for such leased equipment ends. With respect to the insurance af- (1) Prior to the termination date of forded these additional insureds, limited)m/oaoliability the ummpanywrpa�oerohip� pr foUowiogoxdusionsapply: CG 7137 11 12 (2) If there is other valid and K. KNOWLEDGE AND NOTICE OF OCCURRENCE collectible insurance purchased Under SECTION IV - COMMERCIAL GENERAL specifically to insure the io|n[ LIABILITY CONDITIONS, 2. Duties in thevontuna. legal liability company GnmmtnYOccurrence, Offense, ClaimOrSuit,partnership. the following is added: Under SECTION II - WHO IS AN INSURED, 2'm,(1)(d) is deleted and replaced with the 8»|` e. The requirement in Condition 2.a. lowing: applies only when the "occurrence" or offense is known to: (d) Arising out—of--his or her out—of--hispnovidinO or failing to pro- (1) You, if you are an individual; vide professional health (2) A partner, if you are a partner- care services . ship; This does not apply to nurses, emergency medical (3) An "executive officer" or insur- technicians or /rama�)uu ance managn,,poration; or � if you are a cop ' cor- employed by you to provide health care services, but (4) A manager, ifyou are alimited only if you are not in the company.liability business or occupation of providing such professional I. The requirement in Condition 2.b. services. will not be breached unless the breach occurs after such claim or Under SECTION II - VVH0 IS AN INSURED the "suit" is known to: following � isaddod� (1) You, ifyou are anindividual; 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to (2) A partnmr, if you are a partner- you, but only if the building owner is a ship; shareholder in your corporation or a partner in your partnership insured by (3) An "executive officer" or insur- this policy, and only with respect to U' ance manager, if you are a oop obi|ity arising out of the mwnarmhip, poration; or maintenance or use of that part of the premises leased to you. However, this (4) A manager, if you are a limited insurance does not apply: liability company. a. To any "occurrence" or offense g. Your rights under this Coverage Part which takes place after you cease to will not be prejudiced if you fail to be a tenant in the premises; or give us notice of an "occurrence," offense, claim, or "suit" and that b. To structural alterations, new con- failure is solely due to your reason- struction or demolition operations able belief that the "bodily injury" or performed by or on behalf of the 'property damage" is not covered building owner. under this Coverage Part. Howevar, you shall give written notice of this Under SECTION II WHO IS AN INSURED, 3.a. "occurrence," offonue, claim, or is deleted and replaced with the following "suit" to us as soon as you are aware this insurance may apply to a. Coverage under this provision is af- such "occurrence," offense, claim or forded only until the end of the policy "suit." period or the next anniversary of this policy's effective date after you ac- L. OTHER INSURANCE CONDITION AMENDED quire or form the organization When required by written contract with any whichever ieearlier. additional insured owner, |mmueo, orcbntrac' tor to provide insurance on a primary and Undar ����8KJ� �] ' \���� �� �� X��������hn noncontributory basis, Condition 4of Section paragraph in this section is deleted and � |V - Commercial General Liability Conditions replaced with the following: is deleted andreplaced by the following: Except as provided in 3. above, no per- 4. Other Insurance son or organization is an insured with respect to the. conduct olany current.or If other valid and collectible insurance is past joint venture, limited liability corn- available for a loss we cover under Cov' pany or partnership that is not shown as erage A or B of this Coverage Part, our a named insured in the Declatations. obligations are limited as follows: ' - CG 7137 11 12 a. Primary Insurance Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6, Representa- This insurance is primary and non- tions, the following is added: contributory except when b. below applies. d. Your failure to disclose all hazards or prior "occurrences" existing as of b. Excess Insurance the inception date of this policy shall This insurance is excess over any of not prejudice the coverage afforded the other insurance, whether pri- by this policy, provided such failure maty, excess, contingent, or on any to disclose all hazards or prior"oc currences" is not-intentional. other basis: N. WAIVER OF TRANSFER OF RIGHTS OF RE- (1) That is Fire, Extended Coverage, COVERY AGAINST OTHERS TO US - AUTO- Builders Risk, Installation Risk, MATIC STATUS or similar coverage for your work; Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of (2) That is Fire insurance for prem- Rights Of Recovery Against Others To Us is ises rented to you or temporar- deleted and replaced by the following: ily occupied by you with We waive any right of recovery we may have permission of the owner; or against any person or organization with re- (3) If the loss arises out of the spect to which the insured has waived its maintenance or use of aircraft, right of recovery. "autos," or watercraft to the ex- It is further agreed that work commenced un- tent not subject to Exclusion g. der letter of intent or work order, subject to of Section I - Coverage A. subsequent reduction to writing, with cus- tomers whose customary written contracts (4) If the loss is caused by the sole would require a waiver of recovery rights negligence of any additional in- against them also falls within this blanket sured, owner, lessee, or con- waiver of recovery rights. tractor. O. LIBERALIZATION When this insurance is excess, we If we adopt a change in our forms or rules will have no duty under Coverage A which would broaden coverage for contrac- or B to defend the insured against tors under this coverage form without an ad- any "suit" if any other insurer has a ditional premium charge, your policy will duty to defend the insured against automatically provide the additional cover- that "suit." If no other defends, we age's as of the date the broadened coverage will undertake to do so, but we will is effective in your state, be entitled to the other insured's rights against all those other insur- P. DEFINITIONS ers. Under SECTION V - DEFINITIONS, item 3. is When this insurance is excess over deleted and replaced with the following: other insurance, we will pay only our 3. "Bodily Injury" means bodily injury, disa- share of the amount of loss, if any, bility, sickness, or disease sustained by that exceeds the sum oL a person, including death resulting from (1) The total amount that all such any of these at any time. "Bodily injury" other insurance would pay for includes mental anguish or other mental the loss in the absence of this injury resulting from "bodily injury". insurance; and. Under SECTION V - DEFINITIONS, item 9, is deleted and replaced with the following: (2) The total of all deductibles and self-insured amounts under all 9. "Insured Contract" means: that other insurance. a. A contract for a lease of premises: We will share the remaining loss, if However, that portion of the contract any with any other insurance that is for a lease of premises that indem- not described in this Excess insur- nifies any person or organization for ance provision and was not bought damage by fire to premises while specifically to apply in excess of the rented to you or temporarily occu- limits of Insurance shown in the pied by you with permission of the declarations of this Coverage Part. owner is not an "insured contract"; M, UNINTENTIONAL FAILURE TO DISCLOSE b. A sidetrack agreement. HAZARDS c. Any easement or license agreement; CO 7137 11 12 Page 6 of 7 d. An obligation, as required by ordi- them, if that s the primary nmnco, to indemnify a mun|x|pa|ity, cause of the injury or dam- except in connection with work for a age; or municipality; (2) Under which the insured if an e. An elevator maintenance agree- architect, engineer or sury mert; assumes liability for an injury or damage arising out of the Y. That part of any other contract or insured s rendering or failure to agreement pertaining to your busi- render professional services in- ness (including an indemnification cludirig those listed in1' above ofmunicipalityin connection with and supervisory, inspection, ap work performed for a municipality) chitectural or eng|neering, ac' undo, which you assume the tort |i- tivities. ability of another party to pay for "bodily injury" or "propertydamage" Under SECTION V - DEFINITIONS, item 14. the to a third person or organization. following is added to the definition of 'Personal and advertising injury": Tort liability means a liability that would � be imposed by law in the absence of any h. Discrimination or humiliation that results contract or agreement, in injury to the feelings or reputation of a natural peroon, but only if such dis- Paragraph f. does not include that crimination or humiliation is: part of any contract or agreement: (1) Not done intentionally by or at the (1) That indemnifies an architect, direction of: engineor, or survey or for injury or damage arising out of: (a) The insured; or (a) Preparing, approving or (b) Any "executive offiner^, director, failing to prepare or ap- stmckho(der, partner, member prove, maps, shop or manager (if you are a limited druwings, opinions, reports, liability company) of the insured; ouneya. field ordwm, change orders or drawings (2) Not directly or indirectly related to and specifications; or the emp|oyment, prospective am- p|pymant, past employment or tor' (b) Giving directions or in- mination of employment of any structions, or failing to give person or persons by any insured. CG 7137 1112 POLICY NUMBER: CWP 0104249 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Name:of Person or Organization: Automatic status when required by contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right or recovery we may have against the person or organization shown in the Schedule because of payments we make under the Coverage Form. The waiver applies only to the person or or- ganization shown in the Schedule. CA 70 22 07 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXPANDED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coveragided bthis endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each cwvenugo, please refer to the terms and condi tions in this endorsement. A. Who is An Insured broadened: • Additional Insured by Contract, Agreement or Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5000 • Loss of Earnings -$500 C. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) D. Additional Cvmras • Expenses paid for returning a stolen covered auto • Fire Department Service Charge E. Airbag Coverage -Accidental Discharge F. Knowledge and Notice of an Accident, Claim or Suit G. Unintentional Failure To Disclose Hazards H. Worldwide Coverage �. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through I. listed abpvw, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Business Auto Endorsement: � Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60 • Auto Loan/Lease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) - CA 99 10 • Employee Hired Autos - CA 20 54 • Employees As Insureds - CA 99 33 • Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage - CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) ' CA7O32 A. WHO IS AN INSURED BROADENED policy but for its termination or the exhaustion of its limit of insurance, SECTION ]I , LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured is amended Coverage under this provision is af- to include the following additional para- forded only for the first 180 days af- graphs: ter you acquire or form the organization or until the end of the d. Any legally incorporated subsidiary policy period, whichever comes first. of yours in which you own more than 50% of the voting stock on the ef- e. Any organization you newly acquire haqdva date of this endoroe,nant, or form, other than a partnership or joint venture, and over which you Hovvever, ^inouvoddoaonntindudo ' ^ maintain ownership or a majority in- any subsidiary that is an "insured" terest. However, coverage under under any other liability policy or this provision:v|nion: would be an insured under such a CAT07W 041% (1) Does not apply if the organize- "autos" for which you carry either tion you acquire or form is an Comprehensive or Specified Causes "insured"under another auto li- of Loss Coverage. We will pay for ability policy or would be "in- transportation expenses incurred sured" under such a policy but during the period beginning 48 hours for its termination or the ex- after the theft and ending, regardless. haustion of its limits of insur- of the policy's expiration, when the ance; covered "auto" is returned to use or we pay for its "loss". (2) Does not apply to"bodily injury" or 'property damage" that oc The following is added to Item 4. Cover- curred before you acquired or age Extensions: formed the organization; and c. Personal Effects {3) Is afforded only for the first 180 days after you acquire or form We will pay up to $500 for the "loss" the organization or until the end of your personal effects that are of the policy period, whichever contained in a covered "auto" due to comes first. the total theft of the covered "auto." We will pay only for those personal f. Any person or organization with effects that are contained in covered whom you agreed in writing in a "autos" for which you carry either contract, agreement or permit, to Comprehensive or Specified Causes provide insurance such as is af- Of Loss Coverage. forded under this policy. Our payment for"loss"of or damage This provision only applies if the to personal effects will apply only on written contract or agreement has an excess basis over other collect- been executed or permit has been ible insurance. issued, prior to the "bodily injury" or D. ADDITIONAL COVERAGES "property damage" SECTION III - PHYSICAL DAMAGE COVER- B. SUPPLEMENTAL PAYMENTS AGE, A. Coverage, is amended to include the SECTION II - LIABILITY COVERAGE, item A. following additional coverage items: Coverage, 2. Coverage Extensions, a. Sup- plementarywill Payments, subparagraphs (2) and (4) are deleted and replaced with the follow- stolen covered "auto" to you. ing. 6. Fire Department Service Charge (2) Up to $5,000 for cost of bail When a fire department is called to save bonds (including bonds for re- or protect a covered "auto", its equip- lated traffic law violations) re- ment, its contents or occupants from a quired because of an "accident" Covered Cause Of Loss, we will pay up we cover. We do not have to to $1;000 for your liability for Fire De- furnish these bonds. partment Service Charges: (4) All reasonable expenses in- (a) Assumed by contract or agreement curred by the "insured" at our prior to loss; or request, including actual loss of earnings up to $500 per day be- (b) Required by local ordinance. cause of time off from work. No deductible applies to this additional C. COVERAGE EXTENSIONS coverage. SECTION III PHYSICAL DAMAGE COVER- E. AIRBAG COVERAGE - ACCIDENTAL DIS- AGE, Item A. Coverage, 4. Coverage Exten= CHARGE signs, a.Transportation Expenses is replaced with the following: SECTION III - PHYSICAL DAMAGE COVER- AGE, Item B. Exclusions, subparagraph 3.a. a. Transportation Expenses is deleted and replaced with the following: We will pay up to $100 per day to a a. Wear and tear, freezing, mechanical maximum of $1,800 for transporta- or electrical breakdown. tion expense incurred by you be- cause of the total theft of a covered Mechanical breakdown does not ap- "auto" of the private passenger type. ply to the accidental discharge of an We will pay only for those covered airbag. CA 7078 0413 Page 2 of 3