#20-7676 (Mainscape, Inc.)PROFESSIONAL SERVICE AGREEMENT
# 20-7676
for
PARKS LANDSCAPE MAINTENANCE
THIS AGREEMENT, made and entered into on thisday of...c 20 20 by
and between Mainscaoe. Inc.
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:
The Agreement shall be for a three (3 ) year period, commencing
date of Board approval and terminating three
year(s) from that date or until all outstanding Purchase Order(s) issued
expiration of the Agreement period have been completed or terminated.
upon the
(3 )
prior to the
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 ❑ ati�e-te-sae-eel ❑ Wef. &Fdef.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions ❑ ❑ 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.
0 The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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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 ❑■ 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):
0 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.
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Professional Service Agreement #2019-011
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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.
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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
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Professional Service Agreement #2019-011
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: Mainscape, Inc.
Address: 13418 Britton Park Road, Fishers, IN 46038
Local: 3080 Ravena Ave, Naples, FL 34120
Authorized Agent:
Attention Name & Title:
Telephone:
E-Mail(s):
Brandon Whaley
Account Executive
(407)508-0540
bwhaley@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: Barry Wiliams
Division Name: Parks and Recreation
Address: 15000 Livingston Rd
Naples, FL 34109
Administrative Agent/PM:
Telephone:
E-Mail(s):
Matt Catoe
Operations Analyst
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
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0
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. ■❑ 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.
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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
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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), Al Exhibit A Scope of Services,
❑ R-FPi ❑ ITB/❑■ Other Invitation for Qualifications # 20-7676 , including Exhibits,
Attachments and Addenda/Addendum, FE� 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.
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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:
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.
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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.
26. ❑ KEY PERSONNEL.
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F■ 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. ❑■ 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
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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)
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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
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to F r a d Legality:
aunty Attorney
Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders Chairman
Mainscape, Inc,
Contractor
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PrntesSionitl Service Agreement 41201
Exhibit A
Scope of Services
■❑ following this page (pages 1 through 4 )
❑ this exhibit is not applicable
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Professional Service Agreement #2019-01 l
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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 EdOns!
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
• 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. Weeding
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 Trimming/Pruning
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
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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 Cqp
1 1. Uniforms and Identification Badges:
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
Other Exhibit/Attachment
Description:
❑ following this page (pages through _)
❑■ this exhibit is not applicable
Page 14 of 14
Professional Service Agreement #2019-011
ACOR" CERTIFICATE OF LIABILITY INSURANCE
DATE (M5/2019 Y)
`„�
09/2/019
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
PHONo.NE (317) 464-5000 FAX(317) 464-5001
Ext No :
355 Indiana Avenue
E-MAIL kathyhoyer@mcgowaninc.com
ADDRESS:
Suite 200
INSURER(S) AFFORDING COVERAGE
NAIC #
Indianapolis IN 46204
INSURERA: The Florists' Mutual Insurance Co
13978
INSURED
INSURER B : Philadelphia Insurance CO.
18058
Mainscape, Inc.; Mainscape Fishers, LLC
INSURER C :
13418 Britton Park Road
INSURER D :
INSURER E:
Fishers IN 46038
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2019-20 FL Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
AUDL
INSD
6Ubli
WVD
POLICYNUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERALLIABILITY
CLAIMS -MADE ❑X OCCUR
EACH OCCURRENCE
$ 1,000,000
DAMAGE N
PREMISES Ea occurrence,$
100,000
X
MED EXP (Any one person)
5,000
$
Landscape Design E & O Ind
X
Pesticide Included
PERSONAL & ADV INJURY
$ 1,000,000
A
Y
FICBP13718
10/01/2019
10/01/2020
GEN'LAGGREGATE LIMITAPPLIES PER:
POLICY JECT PRO ❑ LOC
I GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OPAGG
$ 2,000,000
Employee Benefits
$ 1,000,000
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BOD I LY I NJ U RY(Per person)
$
X
ANYAUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
FMA00009633
10/01/2019
10/01/2020
BODILY INJURY (Per accident)
$
X
HIRED NON -OWNED
AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE
Per accident
$
Uninsured motorist
$ 1,000,000
UMBRELLA LAB
OCCUR
EACH OCCURRENCE
WREN E
10,000,000
$
AGGREGATE
$ 10,000,000
A
EXCESS LAB
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
10/01/2019
10/O1/2020
SPER TATUTE EORH
X1
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
A
Leased or rented Equip
B Employee Dishonesty
FICBP13718 / PHSD1384826
10/01/2019
10/01/2020
Limit ($1,000 Ded)
Limit
$150,000
$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 Commissioners when required by written contract, subject to policy terms and conditions for any and
all work performed on behalf of Collier County: 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)
20-7676
1179 C.I I a l92\Ia i 1101 NJa3
Collier County Board of County Commissioners
3295 Tamiami Trail E.
Naples
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE !j y
FL 34112 �"�7V �f�(,�'vl�,�lly%
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD