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Backup Documents 05/26/2020 Item #16D 5 (Superior Landscaping & Lawn Service, Inc.)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 60 5 _ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature draw aline through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Risk Risk Management1-0 2. County Attorney Office County Attorney Office 7 �b 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office ` r�Ic 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff . Jessica Suarez) PURCHASING Contact Information 239- 252-8407 Contact / Department Agenda Date Item was May 26,2020 Agenda Item Number 16.D.5 Approved by the BCC Type of Document AGREEMENT Number of Original 2 Attached Documents Attached PO number or account N/A 20-7676 SUPERIOR number if document is SUPERIOR LANDSCAPING to be recorded LANDSCAPING & & LAWN LAWN SERVICE,INC SERVICE,INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. Initial Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JS si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 05/26/2020 and all changes made during 114 /A is not the meeting have been incorporated in the attached document. The County option for Attorne 's Office has reviewed the changes, if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC, all changes directed by the BCC have been made, and the document is ready for the option for Chairman's signature. is line. 1605 MEMORANDUM Date: June 3, 2020 To: Jessica Suarez, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #20-7676, Parks Landscape Maintenance Contractor: Superior Landscaping & Lawn Service, Inc. Attached, is an original copy of the contract referenced above, (Item #16D5) approved by the Board of County Commissioners on May 26, 2020. The second original has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment PROFESSIONAL SERVICE AGREEMENT # 20-7676 for PARKS LANDSCAPE MAINTENANCE THIS AGREEMENT, made and entered into on this '` ."'day of A\n%, 20 20 , by and between Suoerior Landscaoina & Lawn Service Inc , authorized to do business in the State of Florida, whose business address is 2200 NW 23rd Ave, Miami, FL 33142-6551 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval and terminating 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 0 Purchase Order ❑ ❑ Wefk-�. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions ❑ fie resat—fRFF� ❑ Invitation to Bid (ITB) Other Invitation for Qualifications ( IFQ ) # 20-7676 , 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. Page 1 of 14 Professional Service Agreement 42019-011 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 execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 F■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.5 ❑■ The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology 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): FE-1 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. —-*- ---- Pam'. _..- _.. . �—...M — /�.. — • — --_....,.. ,� -♦ - S M-= 2_. - s- . W .. .NOR Page 2 of 14 Professional Service Agreement #2019-01 1 0 160 5 ' - - - - -- z • - - - . 1 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. . ■ -OMM.MI ... 1 -•-- - -- ON - -- A... ....M.M.-M. a....... .... _ 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 Page 3 of 14 Professional Service Agreement #2019-011 1605 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: Superior Landscaping & Lawn Service Inc. Address: 2200 NW 23rd Ave, Miami, FL 33142-6551 Local: 6220-2 Topaz Ct, Ft. Myers, FL 33966 Authorized Agent: Jessenia Otero Attention Name & Title: Estimator Telephone: (305) 634-0717 E-Mail(s): superlandscape@bellsouth.net 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: Barry Wiliams Division Name: Parks and Recreation Address: 15000 Livingston Rd Naples, FL 34109 Administrative Agent/PM: Matt Catoe Telephone: Operations Analyst E-Mail(s): matt.catoe .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. 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 Page 4 of 14 Professional Service Agreement 42019-01 1 1605 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. 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. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. Page 5 of 14 Professional Service Agreement #2019-011 1605 D. ❑ - Chnll be merit ?,i.,nc 4 k- +hc ('rtn�rnnFnr titer on,&i iro.._.... 4,&.,,l", anA e': G 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 Page 6 of 14 Professional Service Agreement #2019-01 1 ONO 1605 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 Parks and Recreation 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, ❑ ❑ ITB/❑■ Other Invitation for Qualifications # 20-7676 , including Exhibits, Attachments and Addenda/Addendum, F subsequent quotes, and ❑ Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box will 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. Page 7 of 14 Professional Service Agreement 42019-01 1 CAO 1605 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: 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: 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. Page 8 of 14 Professional Service Agreement #2019-011 1605 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. 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. 23. 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. 24. 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. 25. 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. t'6. F-1 KEY PERSONNEL. - avail -able T--,. The Gon#aetGF Page 9 of 14 Professional Service Agreement #2019-01 1 0CA01 1605 0 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. 27. 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. 28. 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. 29. 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 Page ] 0 of 14 Professional Service Agreement #2019-01 1 9 1605 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. (Intentionally left blank -signature page to follow) Page 11 of 14 Professional Service Agreement #2019-01 1 1605 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 Kinzel, Clerk of Courts of the Circuit C.etirt'_ 100rgptroller M .. Dates#;:.._ -1- (SFA - . �as to 'Chairman's est Contractoloatlmt lsses: I� f C tractor's Fht Witness Contr r'st/Second Witness T� le,411 U/ GauLt,, TType/print witness nameT amr-0-bd as to V1,..L ality: ,,I, U'�ti/ - ou ty Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders , Chairman Superior L sca i awn Service Inc. Contras 1 rl rint slgnature anb title item # Agenda Date Date Redd _ �V A Page 12 of 14 Professional Sen ice Agreement 02019-011 a .i 1605 Exhibit A Scope of Services ❑■ following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 13 of 14 Professional Service Agreement #2019-011 :7 r 1605 IFQ# 20-7676 "Parks Landscape Maintenance" EXHIBIT A SCOPE OF SERVICES WORK ASSIGNMENTS All projects will be quoted to the qualified vendors using lump sum pricing. Quotes must be received within ten (10) business days or within timeframe dictated by project manager for non -urgent work requests. TECHNICAL SPECIFICATIONS The award is to include, but not limited to, mowing, edging, blowing/street cleaning, weeding, general site trimming, and trash removal at Collier County Regional, Community, & Neighborhood Parks. 1. Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non -horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Field Supervisor or designee depending upon seasonal conditions. • Mowing and edging shall include park medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from mowing. • Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. • Grass shall be cut at the height of 3 %2" for Bahia and 4" for St. Augustine. • Edging is required in all turf areas around isolated trees, valve boxes, shrubs, signposts, utility holes, etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be removed. No herbicide shall be used for edging. • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, signposts, headwalls, guardrails, timer pedestals, posts, and trees. • Swales and dry retention areas must be mowed and weed trimmed. A full singular mowing service shall include trash removal, mowing, and edging of the entire project. • Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all swale Areas, and side of right-of-way trash removal. Exhibit A Page 1 of 4 GA 1605 • Mowing ahead signs are required when mowing is being completed. 2. Trash Removal Before mowing turf areas, the Contractor shall remove all debris trash from the service site. • Park trash removal for each service for all site areas shall be cleaned by removing all trash or debris which shall include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris. • Disposing of trash and debris must be at a proper landfill or disposal site. 3. Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. 4. Weediny, Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, curb joints and other mulched areas by chemical and/or hand removal and must be performed weekly or as necessary to provide a weed -free and well -maintained area. Blue tracker is required when spraying non -selective herbicide (Glyphosate). ➢ Must be a Florida Pesticide Licensed Applicator. 5. General Site Trimmine/Prunint! General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10') and below. a) Shrub pruning should be done at a minimum of every 6-weeks throughout each Park for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that Park project area. b) Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a maximum of eighteen thru twenty-four inches (18"- 24"). c) Shrubs and plant material shall not grow over the curbing and into the roadway or parking area. d) Shrubs and trimming, as described above must be completed in order to submit an invoice for payment. 6. Miscellaneous and Landscape Maintenance Responsibilities a) if plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as determined by the County's Project Manager and/or designee, they shall be replaced at the Contractor's expense. b) The Contractor shall provide ramps or other devices to gain access over the curb in all parks. The curb or turf areas shall not be damaged due to gaining access, or they will be furnished and replaced at the Contractor's expense. Exhibit A Page 2 of 4 1605 c) It shall be the Contractor's responsibility to notify the County's Project Manager or designee of any maintenance problems or additional maintenance needs. d) The Contractor shall perform inspections on all plants, shrubs, trees, and grassy areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the County's Project Manager or designee should a disease or infestation be found. e) If a harmful pest is identified and needs treatment, quotes are required to be approved by Parks Field Supervisor or Project Manager before any treatments. f) The Contractor shall have a singular point of contact with cellular phone and e-mail for on -site and offsite communication to communicate with the County's Project Manager or designee. The Field Supervisor or designee must be able to meet on -site when requested and must be able to answer any questions regarding the landscape maintenance for the specifications herein. If the Contractor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. 7. Utilities Contractor shall be responsible for exercising caution while in the vicinity of utilities. Any damage to utilities will be the Contractor's responsibility. It is the contractor's responsibility to call Sunshine811 (811 or 1-800- 432-4770) before starting any digging project. 8. Maintenance of Traffic (MOT) MOT may be requested on an "as -needed basis." Contractor shall comply with the requirements of the County's Maintenance of Traffic (MOT) Policy. • Upon approval of a MOT Plan and proper placement of lane closed signs, pre -warning signs, arrow boards, traffic cones, etc., the lane may be restricted from traffic. 9. Equipment Requirements The equipment utilized shall be in good working condition, properly maintained, and designed and manufactured for the work required in the specifications. It shall be equipped with all safety devices available and must be properly maintained. The crews must be trained to safely use the equipment. • Equipment List: Provide a list of all company -owned and leased equipment for this contract. 10. Crew Communication Contractor shall provide a qualified English-speaking crew leader/supervisor which shall be present and readily available to Division personnel and during business hours of operation at the worksite. • Contractor Project Manager or designee shall be a singular point of contact with cellular phone and e- mail for on -site and off -site communication. • They must be able to meet on -site when requested and must be able to answer any questions regarding the work. Exhibit A Page 3 of 4 Crj 1605 1 1. Uniforms and Identification Badizes: The Contractor's employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the Contractor. They shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching long pants. The contractor's employees shall also wear an identification badge, provided by Collier County, in plain sight and at all times. Any employee found without a badge and full uniform will be sent home and the Contractor shall be fined $100 per day per incident. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County identification badge. The front of the employee identification badge shall have the employee's photo, the employee's name and the Contractor's company name. Exhibit A Page 4 of 4 16D5 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ■❑ this exhibit is not applicable Page 14 of 14 Professional Service Agreement #2019-011 Et� 16D5 A �oRo® CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DDlYI'YY) 03/25/2020 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 Julio Guerrero NAME: Brown & Brown of Florida, Inc. PH.,(305) 714-4400 qic, (305) 714-4401 No Ext : No): 14900 NW 79 Court Suite 200 E-MAIL jguerrero@bbmia.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INsuRER A : Hartford Accident and Indemnity Company 22357 Miami Lakes FL 33016 INSURED INSURER B : Hartford Fire Insurance Company 19682 INSURER C : Hartford Casualty Insurance Company 29424 Superior Landscaping & Lawn Service, Inc. INSURER D : FFVA Mutual Insurance Company 10385 PO Box 35-0095 INSURER E: Lloyds of London 1122000 INSURER F : Miami FL 33135 COVERAGES CERTIFICATE NUMBER: 19/20 GL/AL/UM/WC 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. INSR LTR TYPE OF INSURANCE ADULSUbH INSD WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR —M= r7m PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,0001000 A Y 21UENOL4176 12/01/2019 12/01/2020 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 1 PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 21 UENOL4176 12/01/2019 12/01/2020 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 M AGGREGATE $ 2,000,000 C EXCESS LIAB CLAIMS -MADE 21HHUOL4177 12/01/2019 12/01/2020 DED I X1 RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? FT1N/A (Mandatory in NH) WC84000345042019A 12/01/2019 12/01/2020 /� SPER TATUTE EORH E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ E Professional Liability B0621PSUPE007319 12/06/2019 12/06/2020 Each claim Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: #20-7676 Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County included as and Additional Insured on a primary and non-contributory basis with regards to General Liability & Auto Liability. Waiver of subrogation applies to the Additional Insured with regards to General Liability, Auto Liability & Workers Compensation. All of the above is applicable when required by written contract for any and all work performed on behalf of Collier County. 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 Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112 �— © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD V3