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#20-7724 (Mainscape, Inc.)
FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7724 for Golden Gate Beautification MSTU Grounds Maintenance THIS AGREEMENT, made and entered into on this Ole day of 2020 , by and between Mainscape,lnc. v authorized to do business in the State of Florida, whose business address is 13418 Britton Park Road, Fishers, IN 46038 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval -Q an 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 ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ 0 Invitation to Bid (ITB) ❑ Qtbor ` # 20-7724 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (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. 3.2 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. _ - - - - - - ! 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): ❑6 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. ❑■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's 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. ❑O 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). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. I ) 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. 4-4 ❑ lea- anEl 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: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) OCNO Company Name: Mainscape, Inc. Address: 13418 Britton Park Road Fishers, IN 46038 Authorized Agent: Brandon Whaley, Account Executive Attention Name & Title: Eric Lasko, Regional Manager Telephone: (497) 508-0540 / (317) 577- 3155 E-Mail(s): BwhaleyCcD_mainscape.com / elasko(o)_mainscape.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michelle Edwards Arnold Division Name: Public Transit & Neighborhood Enhancement Division Address: 8300 Radio Road Naples, FL 34104 Administrative Agent/PM: Dan Schumacker, Project Manager Telephone: (239) 252-5775 E-Mail(s): Dan. Schumacker(a-)_colliercountyfl.gov 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. 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. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 0 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. 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 the sole judge of 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. ❑■ Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ■❑ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) 0 F. FEPollution : Coverage shall have minimum limits of $1,000,000 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 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. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) 0 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement Division 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), ❑■ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R€R/ Al ITB/❑ QtheF # 20-7724 , including Exhibits, Attachments and Addenda/Addendum, ❑ 6„h��,,t getP'�d ❑ Qther Exhihif/AttaGh vnTcr cn-rrrrmr�-crcuvrriX}e%1 t= 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of 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 Contractor is formally LAWS. By executing and entering into this acknowledging without exception or stipulation comply, at its own expense, with all federal, state and local laws, Agreement, the that it agrees to 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 Page 7 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver. l ) CAQ located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public 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. Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. 1) 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 County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to 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. [1111� 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. ❑N 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 Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 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 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. FE-1 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. F■ 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 to 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 from 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 Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver. I ) 9 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. 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. - - - -UZ Page I I of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver,1) [■ 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. 35. 0 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. -Irwalgogn- nip]- s s - - .s- �. s ■- - - - �- - - ■. 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 Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 9 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. ❑■ 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 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 Multi -Contractor Agreement 2017.008 (Ver. I ) G IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comp lIt arolle r AA, w'r Da?sta' %nature•only:-, Contiaabor's' V es: 4 BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By. Burt L. Saunders Chairman Mainscape, Inc. Contractor DBA By: C ntra toLs F rst Witness ignature C 04�11414' de-Zel't AcFi TType/print signature nd titleT TType/print witness nameT Contra s S n Witness /[_ LA SKI TType/print witness nameT I T roved as to a Legality: County Attorney 1 ;int Name Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) �✓ R �nt1 Exhibit A Scope of Services ❑A following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver l) ITB # 20-7724 "Golden Gate Beautification MSTU Grounds Maintenance EXHIBIT A SCOPE OF SERVICES This Scope of Services outlines the minimum requirements of Collier County for the Contractor to provide Grounds Maintenance services, principally on the specified roadways within the boundaries of the Golden Gate Municipal Service Taxing Unit (MSTU). 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. The bid schedule quantities and frequencies are approximate for bidding_ purposes and may be modified as needed at the discretion of the MSTU Project Manager. Alternate services listed on the bid schedule may be requested from the Contractor or quotes may be requested separately by the Project Manager, following the Procurement Ordinance. A. SCOPE OF SERVICE The Contractor shall provide the Base grounds maintenance services detailed in this Work Areas and rates outlined in Exhibit B Fee Schedule,; as well as the Alternative Services on an as -needed basis. The Contractor shall provide all labor, tools, materials, and processes necessary to perform the work described hereunder to maintain the quality and health of the plant materials, and the safety of the public. Some items may be provided separately by the County (i.e. fertilizer, mulch, etc.) as identified. B. LICENSES & CERTIFICATIONS MINIMUM REQUIREMENTS There are minimum requirements to perform services under this contract which include proper licensing, certifications, and documentation as listed below. The contractor is required to perform services for routine landscape maintenance; however, the following services are authorized for the contractor to utilize the services of subcontractors. The contractor shall be liable in overseeing the subcontractor and that the services are performed per the specifications. • Arborist Services • Irrigation Services • Fertilizer Application • Pesticide, Fungicide, and Herbicide Applications Licenses and certifications pursuant to Collier County, Contractor's Licensing, Ordinance Number 2006-46, as amended, and Florida State Statutes. Licenses • Commercial Landscape; Landscape; Landscape Restricted; Landscape & Irrigation; or Unlimited Landscape. • Irrigation, plus a minimum of three (3) years' wet check and intermediate repair experience, including smart controller systems utilizing cell phone access. • Pest Control OR licensed sub -Contractor (see Certifications, below) Certifications • Fertilizer - Limited Urban Commercial Fertilizer Applicator Certification, Chapter 482.1562, F.S. • Pest Control - Certified Pest Control Operator, Lawn & Ornamental, Chapter 482.111, F.S. o Employee - Identification Cards for non -certified employees Page 1 of 11 9 -OR- o Sub -contractor - List of employee names and their issued ID card numbers that will perform pest control for the sub -contracted licensed company. Each ID cardholder must be an employee of the licensed company and work under the direct supervision of the certified operator in charge. Chapter, 482.091 F.S. • Maintenance of Traffic (MOT), Intermediate Level Certificate with three (3) years' experience. • Green Industries and/or Best Management Practices Certificate under Chapter 482.1562, F.S. (certificate must be obtained within six (6) months from contract execution). C. LOCATIONAND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below and/or as shown in Exhibit B, Work Areas. WORK AREA DESCRIPTIONS: SUNSHINE BLVD: (Work Areas lb & Id) a. Sheet No. 1 - Improved Median on 18th Ave SW @ 40th Ter SW. b. Sheet No. 2 - i. Medians #1, #2, #3, #4, #5, #6. ii. Segments #7, #8. iii. Improved Median on 18th Plc SW @ Sunset Rd. iv. Irrigation Controller, Pump Station, & Electrical Shutoff located on Median #3. v. FPL meter located in alley behind 2001 Sunshine Blvd. 2. TROPICANA BLVD: (Work Areas 1 c & le) a. Sheet No. 3 - i. Medians #1, #2, #3, #4, #5, #6. ii. Pedestrian Shelter on Tropicana Blvd @ 31st Ave SW. iii. Pedestrian Shelter on 28th Ave SW @ Tropicana Blvd. iv. Irrigation Controller, Pump Station, & Electrical Shutoff located on Median #4. v. FPL Meter located in alley behind 2841 Tropicana Blvd. 3. CORONADO PKWY: (Work Area If) a. Sheet No. 4 - i. Medians #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12. ii. Irrigation Controller is located on Hunter Blvd, Median #5. 4. HUNTER BLVD: (Work Area l g) a. Sheet No. 5 - i. Medians #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14. ii. Irrigation Controller, Pump Station, & Electrical Shutoff located on Median #5. (controls Irrigation on both Bunter Blvd & Coronado Pkwy) iii. FPL Meter located in alley behind 2243 Hunter Blvd. D. GROUNDS MAINTENANCE SERVICES Base grounds maintenance services in the designated MSTU area(s) as described below shall include trash removing, mowing, edging, weeding, general trimming & pruning, post -service cleaning, and inspecting & reporting. 1. Mowing Page 2 of 11 • 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 (3'/z") 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. 2. Edging • Mechanical edging of turf boundaries shall be performed with each mowing to establish a clean line of demarcation and eliminate grass root runners. • Edged areas shall 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 herbicide shall not be used for edging. 3. WeedinE • Weeding shall be performed weekly (or specified interval) throughout the year to provide a weed -free and well -maintained appearance, removing undesired and invasive vegetation on the ground (including palm pups). • 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 may have the option to use chemical weed -killer or pre -emergent, upon pre -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. 4. General Trimming & Prunin2 • General Trimming & Pruning shall be defined as the cutting of all vegetation below a height of ten feet (10') to keep and maintain a tight, well maintained appearance throughout the year. • This includes groundcovers, shrubs, trees (except magnolias), and palms. Page 3 of 11 • See Specific Plant Maintenance, for specifications and heights for various foliage within the MSTU. • Within this specification, groundcovers and shrubs are "trimmed," while trees and palms are "pruned;" with the exception of 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 kept 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 two feet (2') of clearance from the edge of curbs, sidewalks, roadways, pathways, etc. • Ornamental Grasses shall be kept trimmed: o after flowering, during the first two weeks of October and April (or as approved by the Project Manager). 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 kept 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. ➢ 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 kept pruned: o to clean out dead limbs, as well as seed pods, fronds, boots, and suckers, etc. 0 on a quarterly basis, or as needed, to maintain a minimum ten -foot (10') canopy height over sidewalks and pedestrian pathways. • For 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. 5. Trash Removine & Post -Service Cleaning Trash Removing — • At the start of Landscape Maintenance Service on the day of service and prior to mowing, the Contractor shall remove and dispose of all trash and debris from the service area and right-of-way. • This shall include, but is not limited to, horticultural 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. Page 4 of 11 0_10 • Disposal of trash and debris shall be at a proper landfill or disposal site. 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 median landscape or turf, not into the roadway. • 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. 6. Irrigation Check & Inspection • It shall be the Contractor's responsibility to inspect, operationally test at specified intervals, and perform minor to intermediate level repairs to the irrigation system as needed to enable proper and safe operation. • See "Irrigation Service" below for further description. 7. Inspecting, Reporting, & Invoicing • The Contractor shall inspect all plant, shrub, tree and grass areas in the MSTU during each base service. • 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. • 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. • The Project Manager may request a monthly Landscape Maintenance Report be submitted by the Contractor after the last service week of each month. 8. Miscellaneous Responsibilities • The removal of existing tree and palm staking shall be the responsibility of the Contractor. • 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. E. IRRIGA TION SER VICE The landscape Contractor shall maintain the installed irrigation system for proper function. The areas of responsibility shall include: • 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 schedule change requests shall be confirmed via e-mail. • The Project Manager may request a monthly Irrigation Service Report be submitted by the Contractor after the last service week of each month. Page 5 of 11 Can • NOTE: Contractor must have cell phone access to utilize HydroPoint / WeatherTRAK control functions in the field, particularly for Wet Check testing. Regular Service Requirements • It shall be the Contractor's responsibility to inspect, operationally test, and perform minor repairs to the irrigation system at the Bid Schedule interval to enable proper and safe operation. • 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 MSTU Project Manager. • Visual inspection of the irrigation syster(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 using cell phone WeatherTRAK controller access, - OR - manually at the valve box only as a temporary backup method. 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 installed, and only matched precipitation head replacements may be installed. All irrigation parts shall be supplied by Collier County under a separate annual contract. The landscape Contractor must arrange for pickup or delivery 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 Project Manager. • Intermediate repairs are handled separately from Regular Irrigation Service. These include repairs to valves, controllers, electrical wiring and main lines. Prior to proceeding, the Project Manager shall be consulted, the repairs evaluated and quoted. Major repairs may be sourced separately from other Contractors, as determined by the Project Manager. • PARTS: Irrigation parts are available for pick-up under separate county Purchase Order(s) with local vendors, identified by the Project Manager. Page 6 of 11 F. 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 upon prior approval of the Project Manager. General 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 I Pre -emergent Herbicide As -needed Feb Sep Turf Chemical I General Pre-eme: Herbicide As -needed Feb Sep Records Records must be kept of all chemical (pesticide) applications, including: • Name of person performing the application. • Trade name & manufacturer. • Date & time of application. • Weather conditions. G. FERTILIZER Post -emergent Nov Jan I Mar Post -emergent Nov Jan Mar Application • Fertilizer is customarily supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor. • Project Manager may direct the contractor to both supply and apply fertilizer based on the Bid Schedule rate. • Fertilizing shall be performed at prescribed intervals throughout the year. • Slow release formulations shall be used when available. Page 7 of 11 • 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. H. MULCH Application • Mulch is customarily supplied by Collier County under a separate annual contract at the time of application with delivery coordinated by the receiving Contractor. • Project Manager may direct the contractor to both supply and apply mulch based on the Bid Schedule rate. • The timetable for installing mulch shall be on an as -needed basis, upon direction by MSTU Project Manager. • All designated plant beds shall be mulched by covering all unplanted areas in bed. • The areas to receive mulch shall be raked to establish a level base. • Areas to receive an initial application of mulch shall have mulch evenly distributed to provide a three inch (3") non -compacted or unsettled depth, measured from the base. • Areas to be re -mulched shall have mulch evenly distributed to provide a two inch (2") non -compacted or unsettled depth, measured from the base. • Mulch shall 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. L MAINTENANCE OF TRAFFIC (MOT) • The Contractor shall verify current MOT certification and comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy. • 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. J. REPORTS • Monthly or weekly grounds maintenance reports may be required by the Project Manager. • Reports shall be written in English. • Grounds maintenance reports shall be emailed to the Project Manager prior to or simultaneous with submission of invoices for payment. • Report format shall be as specified by the Project Manager. Page 8 of 11 • Contractor's format may be acceptable, upon review and approval by the Project Manager. K. MEETING ATTENDANCE • Required meetings: o The Contractor shall attend a monthly field review (drive -through) scheduled 1-week before the Advisory Committee meeting. (approx. 1-hour) o The Contractor shall attend the monthly MSTU Advisory Committee meeting to discuss the ongoing status of Landscape and Irrigation maintenance, per the weekly/monthly report(s), and answer any questions. (approx. 1-hour) o At the request of the Project Manager, the Contractor shall be available for on -site inspection in the MSTU to verify work completed or to review open issues. • There shall be no additional charge for attendance at these meetings. L. GENERAL PROVISIONS • The Contractor shall identify an English-speaking singular point of contact with radio, cellular phone and e-mail for on -site and off -site communication to coordinate 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 sub -Contractor, as determined by the Project Manager, shall be at the Contractor's sole expense. • Accidents, thefts, and vandalism shall be reported to the Project Manager on the same day as discovered, including pictures when reasonably accessible to be taken. M. 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. N. SUB -CONTRACTING • Contractor use of a sub -Contractor, compliant with all County provisions, may be requested in writing to the Project Manager. • The cost of utilizing a sub -Contractor shall not exceed that of the Bid Specification or add cost to the MSTU; including any markup, if applicable. • Detailed sub -Contractor invoices, Bill of Material's (BOM), and receipts shall accompany Contractor's invoice to the County. O. HOURSOFSERVICE Page 9 of 11 so Work performed at the specific direction of the Project Manager and billable at hourly rates shall be invoiced as follows: • Normal Hours - from 6:00 AM to 6:00 PM • After Hours - from 6:01 PM to 5:59 AM After Hours service must be pre -approved by the Project Manager at each occurrence. P. MARK-UP • Material mark-up is fixed at cost at plus 15%. DISCLAIMER: Every effort has been made toward accuracy and completeness. Errors or omissions will be corrected when identified. Trimming & Pruning 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. Golden Gate M.S.T.U. Trim & Prune Guidelines Common Name Scientific Name Trimming Guidelines Shrubs • Maintain 24" rounded ht. & 2 ft. offset from back of curb, within limits of clear sight areas Bougainvillea (Dwarf) Bougainvillea glabra • Frequency: Remove shoots weekly 'Helen Johnson' • Bi-seasonal 50% heavy reduction only upon approval • Maintain 36" rounded ht. & 2 ft. offset from back of curb Bougainvillea'Silhouette' Bougianvillea spp. • Frequency: Remove shoots weekly 'Silhouette' • Bi-seasonal 50% heavy reduction upon approval • Trim to 36" rounded ht. Firebush (Dwarf) Hamelia patens • Maintain up to 48" rounded ht. 'Galbra' • Frequency: As needed • Trim to 36" rounded ht. Plumba o g Plumbago auriculata • Maintain up to 48" rounded ht. 'Imperial Blue' • Frequency: Remove shoots weekly Page 10 of 11 • Trim to maintain natural rounded ht. Saw Palmetto (Silver or • Maintain up to 60" rounded ht. Green) Serenoa repens • Frequency: As needed for shape and to remove dead stems • Trim to 36" rounded ht. • Maintain up to 48" rounded ht. Schefflera (Dwarf) Schefflera arboricola • Maintain 24" rounded ht. in limits of clear 'Trinette' sight areas • Frequency: As needed n/a Accent Plants n/a n/a Golden Gate M.S.T.U. Trim & Prune Guidelines (Con't.) Native & Ornmental Grasses • Trim level at 2" above grade & 2ft. Offset from back of curb Pink Muhly grass Muhlenbergia capillaris • Frequency: After blooming or in March and July for 100% rejuvenation • Trim level at 2" above grade Sandcord grass Spartina bakeri • Frequency: Once per year in July for 100% rejuvenation, if needed Ground Covers • Remove dead or diseased foliage and flower stalks Blueberry Flax Lily Dianella tasmanica 'Variegata' • Frequency: April and October • 75% rejuvenation cut only upon approval • Uniform shape to 18" ht. in limits of clear Crown of Thorn (Dwarf) Euphorbia milii sight areas g 'Big Rose' • Frequency: As needed • Uniform shape to 24" ht. in limits of clear Juniper Parsoni Juniper chinensis 'Parsonii' sight areas g • Frequency: As needed • Mow at 4-inch blade ht. to tip foliage Perennial Peanut Archis glabrata • Once year in June Frequency: per p y 'Ecoturf • No pruning necessary except to remove dead or diseased foliage Spider Lily Hymenocallis latifolia • Frequency: As needed • 100% rejuvenation cut only upon approval Page 11 of 11 Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) ITB# 20-7724 "Golden Gate Beautification MSTU Grounds Maintenance EXHIBIT B FEE SCHEDULE Mainscape, Inc. SECTION 1: Improved Medians - Work Area ld Bidder Name: PRIMARY CONTRACTOR A. IMPROVED MEDIANS - Not Irrigated Item Description Qty UOM Unit Price 18th Ave SW @ 40th Ter SW: Median - Edge only & Items 6, 7 & 8 (Bi-Weekly) 26 Weck $ 14.82 2 1 18th Plc SW n Sunset Rd: Median - Edge only & Items 6, 7 & 8 (Bi-Weekly) 26 Wcek $ 14.82 SECTION 1: Sunshine Blvd - Work Area lb EXHIBIT A: Sheet No. 2 B. ROUTINE MAINTENANCE Item Description Qty UOM Unit Price 3 Pre -Service Trash & Debris Removal - All Areas (including Items I & 2, above) 52 Week $ 68.41 4 Mowing & Edging - Medians 52 Week $ 46.24 5 Mowing & Edging -Side ROW's, (1) Commercial Mower Pass (Bi-Weekly) -16 Week $ 22.23 6 Weeding - Medians - Hand & Chemical 52 Week $ 67.09 7 General Site Trimming & Pruning - Medians (Bi-Weekly) 26 Week $ 361.05 8 Post -Service Cleaning - All Areas 52 Week $ 34.20 C. AREA SPECIFIC PESTICIDES - Contractor supplies all chemicals & application :Item Description Qty UOM Unit Price 9 Groundcover, Shrubs, & Trees: Insecticides, applied to total roadway and areas as needed per Month 12 Month $ 80 63 10 Groundcover, Shrubs, & Trees: Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 80.63 1 I Groundcover, Shrubs, & Trees: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 145.25 11 Turf: Insecticides & Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 47.13 12 Turf: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 53.56 D. IRRIGATION MAINTENANCE - requires Cell Phone access to WeatherTRAK controller for Wet -Checks - Item I Description Qty UOM Unit Price 13 1 Irrigation System Inspection & Wet -Check (Bi-Weekly) 26 Week $ 186.90 SECTION 2: Tropicana Blvd & PEDESTRIAN SHELTERS -Work Areas lc & le (Medians & Side ROW) EXHIBIT A: Sheet No. 3 E. ROUTINE MAINTENANCE Item Description Qty UOM Unit Price 14 Pre -Service Trash & Debris Removal - All Areas 52 Week $ 56.75 15 Mowing & Edging - Medians 52 Week $ 56.58 16 Mowing & Edging - Side ROW's, (1) Commercial Mower Pass (Bi-Weekly) 26 Week $ 34.37 17 Weeding - Medians - Hand & Chemical 52 Week $ 74.02 18 General Site Trimming & Pruning - Medians (Bi-Weekly) 26 Week $ 412.12 19 Post -Service Cleaning - All Areas 52 Week $ 34.19 F. AREA SPECIFIC PESTICIDES - Contractor supplies all chemicals & application Item Description Qty UOM Unit Price 19 Groundcover, Shrubs, & Trees: Insecticides, applied to total roadway and areas as needed per Month 12 Month $ 82.14 20 Groundcover, Shrubs, & Trees: Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 82.14 21 Groundcover, Shrubs, & Trees: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 160.25 21 Turf: Insecticides & Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 57.77 22 Turf: Herbicides, applied to total roadway and areas as needed per Month 12 1 Month $ 65.99 G. IRRIGATION MAINTENANCE - requires Cell Phone access to WeatherTRAK controller for Wet -Checks Item Description Qty UOM Unit Price 23 1 Irrigation System Inspection & Wet -Check (Bi-Weekly) 26 Week $ 201.18 SECTION 3: Coronado Pkwy -Work Area If (Medians & Side ROW) EXHIBIT A: Sheet No. 4 H. ROUTINE MAINTENANCE Item Description Qty UOM Unit Price 24 Pre -Service Trash & Debris Removal - All Areas 52 Week $ 63.10 25 Mowing & Edging - Medians 52 Week $ 26 Mowing & Edging - Side ROW's, (1) Commercial Mower Pass (Bi-Weekly) 26 Week $ 45.77 27 Weeding - Medians - Hand & Chemical 52 Week $ 95.39 28 General Site Trimming & Pruning - Medians (Bi-Weekly) 26 Week $ 530.29 29 Post -Service Cleaning - All Areas 52 Week $ 34.30 1. AREA SPECIFIC PESTICIDES - Contractor supplies all chemicals & application Item Description Qty UOM Unit Price 30 Groundcover, Shrubs, & Trees: Insecticides, applied to total roadway and areas as needed per Month 12 Month $ 107.40 31 Groundcover, Shrubs, & Trees: Fungicides, applied to total roadway and areas as needed per Month 12 Month S 107.41 32 Groundcover, Shrubs, & Trees: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 206.51 32 Turf: Insecticides & Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 106.91 33 Turf: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 27.88 .1. IRRIGATION MAINTENANCE - requires Cell Phone access to WeatherTRAK controller for Wet -Checks Item I Description Qty UOM Unit Price 34 1 Irrigation System Inspection & Wet -Check (Bi-Weekly) 26 Week $ 187.42 SECTION 4: Hunter Blvd -Work Area Ig (Medians & Side ROW) EXHIBIT A: Sheet No. 5 K. ROUTINE MAINTENANCE Item Description Qty UOM Unit Price 35 Pre -Service Trash & Debris Removal - All Areas 52 Week $ 68.51 36 Mowing & Edging - Medians 52 Week $ - 37 Mowing & Edging - Side ROW's, (1) Commercial Mower Pass (Bi-Weekly) 26 Week $ 53.44 38 Weeding - Medians - Hand & Chemical 52 Week $ 115.24 39 General Site Trimming & Pruning - Medians (Bi-Weekly) 26 Week $ 652.28 40 Post -Service Cleaning - All Areas 52 Week $ 34.26 L. AREA SPECIFIC PESTICIDES - Contractor supplies all chemicals & application Item Description Qty UOM Unit Price 41 Groundcover, Shrubs, & Trees: Insecticides, applied to total roadway and areas as needed per Month 12 Month $ 130.46 42 Groundcover, Shrubs, & Trees: Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 130.45 43 Groundcover, Shrubs, & Trees: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 249.49 43 Turf: Insecticides & Fungicides, applied to total roadway and areas as needed per Month 12 Month $ 128.62 44 Turf: Herbicides, applied to total roadway and areas as needed per Month 12 Month $ 32.60 M. IRRIGATION MAINTENANCE - requires Cell Phone access to WeatherTRAK controller for Wet -Checks Item I Description Qty UOM Unit Price 45 1 Irrigation System Inspection & Wet -Check (Bi-Weekly) 26 Week S 201.59 N. STAFF SERVICES REGULAR LABOR HOURS Item Description Qty UOM Unit Price 46 Landscape Supervisor 40 Hour $ 55.00 47 Landscape Laborer 40 Hour $ 35.00 48 Irrigation Supervisor 40 Hour $ 75.00 49 Irrigation Technician 40 Hour $ 75.00 AFTER HOURS LABOR HOURS (pre -approved by the Project Mannger) Item Description Qty UOM Unit Price Landscape Supervisor 50 base: 2 Hour S 55.00 6:01 p.m. - 5:59 a.m. Landscape Laborer 51 base: 2 Hour S 45.00 6:01 p.m. - 5:59 a.m. Irrigation Supervisor 52 base: 2 Hour S 85.00 6:01 .m. - 5:59 a.m. Irrigation Technician 53 base: 2 Hour $ 85.00 6:01 p.m. - 5:59 a.m. O. ALTERNATIVE SERVICES Item I Description Qty UOM Unit Price EMERGENCY LABOR HOURS (pre -approved by the Project Mannger) 54 Landscape Supervisor 1 Hour $ 65.00 9:00 p.m. Friday - 5:59 a.m. Monday 55 Landscape Laborer I Hour $ 55.00 9:00 p.m. Friday - 5:59 a.m. Monday 54 Irrigation Supervisor I Hour $ 95.00 9:00 p.m. Friday - 5:59 a.m. Monday 55 Irrigation Technician I Hour $ 95.00 9:00 p.m. Friday - 5:59 a.m. Monday FERTILIZATION: Turf, Groundcover, Shrub, Tree, & Palm (Granular- County supplied / Liquid -Contractor supplied) 8-0-12-180 Approx 130 bags total a 50 lb/bag, 2 apps/year (65+65) - Application Price/bag 130 50 LB Bag $ 15.50 56 Turf, Groundcover, Shrubs, Trees 0-0-22 (So-Po-Mag) Approx 4 bags total @ 50 lb/bag, 2 apps/year (2+2) - Application 57 Price/bag 2 50 LB Bag $ 10.50 Palms 58 Application labor rate only (Granular fertilizer, Micronutnents, County Supplied) 1 50 LB Bag $ 15.50 59 Application labor &materials (Drench) I Lump Sum $ 498.17 Se uestrene Iron Contractor supplied) 60 Application labor & materials I Lump Sum $ 909.33 o 20-20-20 w/Ferromec AC 13-0-0 plus 6 /o Iron Contractor supplied) ORNAMENTAL & TURF SPRAYING: Turf, Groundcover, Shrub, Tree, and Palm (Contractor supplied chemicals) 61 Insecticides & Fungicides Application Labor & Materials (Foliar) 1 Lump Sum $ 1,959.86 62 Insecticides & Fungicides Application Labor & Materials (Drench) 1 Lump Sum $ 503.48 63 Insecticides & Fungicides Application Labor & Materials (Turf) 1 Lump Sum $ 231.78 64 Herbicides Application Labor & Materials (Pre- or Post- Emergent) 1 Lutnp Sum $ 1,343.33 65 Herbicides Application Labor & Materials (Turf) 1 Lump Sum $ 910.45 STRUCTURAL PRUNING (Canopy Trees) April & September (All inclusive of labor, equipment, watering, materials, and incidentials to complete the work) Unit Price (Nominal Qty's) 66 Virginia Live Oak 103 Each $ 75.00 67 Dwarf Jatropha 14 Each S 15.50 68 East Palatka Holly 13 Each S 15.50 69 Floss Silk Trees 5 Each $ 55.00 70 Hong Kong Orchid 4 Each $ 15.50 71 Hopi Crape Myrtle 65 Each $ 15.50 72 Other 1 - TBD 0 Each $ - 73 Other 2 - TBD 0 Each $ - STRUCTURAL PRUNING (Palms) June fronds, seed pods, and boots (All inclusive of labor, equipment, watering, materials, and incidentials to complete the work) (Nominal Knit Price Q 's 74 Alexander Palm 11 Each $ 17.50 75 Paurotis / Everglades Palm 16 Each $ 17.50 76 Foxtail Palm 3 Each $ 17.50 77 Sabal Palm / Cabbage Palm 162 Each $ 17.50 78 Other 1 - TBD 0 Each $ - 79 Other 2 - TBD 0 Each $ - LIGHT POLE CLEARING (upon request) Unit Price G Lamp Pole Spider Webs - Remove from lens face of fixture, upon request (Approx 15ft 1 Hour $ 17.50 80 height) Lamp Pole Tree Limbs - Remove from lens face of fixture, upon request (Approx 15ft I Hour $ 25.00 81 height) MULCHING (2 cubic foot bags) Unit Price 82 Application labor only rate (County supplied mulch) 1,000 Bag $ 5,00 83 Application labor & materials rate (Contractor supplied mulch) 1,000 Bag $ 2.50 base: PRESSURE CLEANING (inclusive of all labor, materials, equipment to complete the work) Unit Price 84 F Brick Pavers & Concrete Surfaces 1,000 SQFT $ 0.22 TREE & PALM MAINTENANCE SERVICES (All inclusive of labor, equipment, watering, materials, and incidentials to complete the work) Unit Price 85 Staking Small Canopy Tree I Each $ 42.00 2x2 vosts and guy wire 4% 6" caliper) 86 Staking Large Canopy Tree I Each $ 82.00 2x4 posts, greater than 6" caliper) 87 Staking Small Palm I Each $ 42.00 2x2 posts and guy wire 4% 6" caliper) 88 Staking Large Palm I Each $ 82.00 2x4 costs. 2Teater than 6" caliper) 89 Restanding and Staking Small Canopy Tree I Each $ 42.00 2x2 posts and guy wire 4% 6" caliper) 90 Restaking Large Canopy Tree I Each $ 82.00 2x4 posts, greater than 6" caliper) 91 Restanding and Staking Small Palm I Each $ 92.00 4%6"Caliper) 92 Restanding and Staking Large Palm I Each $ 270.00 Cali er greater than 6" 93 Removal: Small Tree - up to 10 feet in height I Each $ 130.00 includes root ball and stump) Removal: Medium Tree - 11 feet in height but less than 20 feet in height 175.00 94 (includes root ball and stump) I Each $ 95 Removal: Large Tree - 20 feet in height and greater I Each $ 800.00 (includes root ball and stump) 96 Removal: Small Palm - Alexander, Pygmy Date, Montegomery, Thrinax, Cocothrmax I Each $ 175.00 (includes root ball and stump) 97 Removal: Medium Palm - Foxtail & Sabal I Each $ 230.00 includes root ball and stump) 98 Removal: Large Palm - Royal & Bismarck I Each $ 675.00 (includes root ball and stump) 99 Stump tip overs (small) 1 Each $ 125.00 100 Stump tip overs (medium) I Each $ 150.00 101 Stump tip overs (large) 1 Each $ 150.00 102 Soil replacement (fill in stump tip over hole) 1 Cubic Yard $ 85.00 103 Cut Dead Palm to a 3' stump (All sizes) 1 Hour $ 55.00 104 Cut Dead Tree to a 3' stump (All sizes) 1 Hour $ 55.00 105 Debris Removal I Cubic Yard $ 15.00 EQUIPMENT WITH OPERATOR RATES (Inclusive of labor, equipment, fuel & materials) Unit Price 106 Bucket/Lift Truck I Hour $ 235.00 107 Water Truck 1 Hour $ 185.00 108 Mini Excavator I Hour $ 195.00 109 Crane Truck I Hour $ 395.00 110 Skid Loader I Hour $ 215.00 MATERIALS MARKUP PERCENTAGE IS 15% ( percentage is a markup on non -bid line items. Receipts are required as backup with invoice for verification) Other Exhibit/Attachment Description: ❑ following this page (pages through ) FE-1 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) A^ O® l` (IJ/A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Y) 2020 05/04/2020 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 Kathy Hoyer NAME: McGowan Insurance Group Inc PHONE A/C No, o Ext : (317) 464-5000 FA,� No : (317) 464-5001 E-MAIL ADDRESS: kathyhoyer@mcgowaninc.com 355 Indiana Avenue INSURER(S) AFFORDING COVERAGE NAIC # Suite 200 INSURERA: The Florists' Mutual Insurance Co 13978 Indianapolis IN 46204 INSURED INSURER B : Westchester Surplus Lines 18058 INSURER C Mainscape, Inc., Mainscape Fishers, LLC INSURER D : 13418 Britton Park Road INSURER E : INSURER F : Fishers IN 46038 COVERAGES CERTIFICATE NUMBER: 2019-20 Citizens 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. I LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER E MM DD/YYYY MMLDD/YYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fx_� OCCUR D7'MAGE TO RENTED PREMISES Ea occurrence) $ 100,000 X MED EXP (Any one person) $ 5,000 Landscape Design E & 0 Ind X Pesticide Included PERSONAL&ADV INJURY $ 1,000,000 A Y BP13716 10/01/2019 10/01/2020 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY D PRO JECT ❑ LOC Employee Benefits s 1,000,000 X OTHER Contractual Liability Incl AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANYAUTO BODILY INJURY (Per accident) $ A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY FMA00009633 10/01/2019 10/01/2020 PROPERTY DAMAGE Per accident $ Uninsured motorist $ 1,000,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE EX09712 10/01/2019 10/01/2020 DED I X1 RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WCN3074518 10/Ol/2019 10/01/2020 X STATUTE EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000.000 $ If yes, describe under DESCRIPTION OF OPERATIONS below A Pollution G27582941 04/09/2020 04/09/2021 Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The following apply in favor of Collier County Board of County Commissioners when required by written contract, subject to policy terms and conditions: General Liability Additional insured on a primary and non-contributory basis (including Completed Ops) and Waiver of Subrogation in favor of additional insured per form L2031 (07/12); Automobile Liability Additional Insured and Waiver of Subrogation per form SBFAE (02/18) and primary, non-contributory per form CA0449 (11/16). Workers' Compensation Waiver of Subrogation per form WC000313 (04/84) 20-7724 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE -,j/1 Naples FL 34112 A// q! ,Mf�,NI(v © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD