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Backup Documents 09/14/2021 Item #16B 4 (Mainscape, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 4 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 signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. _Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management .66 2. County Attorney Office County Attorney Office f/2-4 4. BCC Office Board of County14- 0?/4 Commissioners 4. Minutes and Records Clerk of Court's Office r\A.k) 9 [ mar vsatilit 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 Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was SEPTEMBER 14,2021 Agenda Item Number 16.B.4. Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 21-7846R- MAINSCAPE, number if document is Secondary INC. to be recorded Mainscape, Inc INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (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 AR 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 AR document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature 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 09/14/2021 and all changes made during to is not the meeting have been incorporated in the attached document. The County option for Attorney's Office has reviewed the changes,if applicable. As 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 f fD for Chairman's signature. • II Risk Management 1 6B 4 MEMORANDUM Date: September 22, 2021 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #21-7846R for "Bayshore Beautification MSTU Landscape and Irrigation Maintenance" (Secondary) Contractor: Mainscape, Inc. Attached for your records is an original of the referenced document above, (Item #16B4) adopted by the Board of County Commissioners on Tuesday, September 14, 2021. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 6 a 4 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 21-7846R for Bayshore Beautification MSTU Landscape and Irrigation Maintenance THIS AGREEMENT, made and entered into on this /- day of 3Q.ol er- 2021 , by and between Mainscape, 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: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ■ upon the date of Board approval; or on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■❑ Purchase Order E . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) I Invitation to Bid (ITB) n Other ( ) # 21-7846R , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. III The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. C Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 168 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 I■I The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. 3.3 I I U 4hef Exhibit/Attachmcnt: 374 n • • Price Methodology selected in 4.1. 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): • • • 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. ■ 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 2021_Ver.1 I 6R 4 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. 4.3 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 {check if applicata r likl : Travel arid Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6-009 hunch $44,00 class faro Rental car e nl r _coot limited to compact __or standard cize.Atc hicles i nv�.J • hedging Parking Actual cost of parking Actual cost of either taxi or airport limousine • • • 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 # 85-8015966531C. Page 3 of 17 C Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 6 B `t 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 Authorized Agent: Mark Forsythe / Jill Dougherty Attention Name & Title: Brandon Whaley, Account Executive or Michael Conover, Branch Manager Telephone: (317) 577-3155 / (239) 202-1833 E-Mail(s): Bwhaley@mainscape.com / Mconover@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: Debrah Forester Division Name: Community Redevelopment Area Address: 3299 Tamiami Trail East, Bldg. F, Suite 103 Naples, Florida 34112 Administrative Agent/PM: Tami Scott, Project Manager Telephone: (239) 252-8845 E-Mail(s): Tami.Scott@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 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 2021_Ver.l 16B 4 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 C Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 1 68 4 �- ❑ P-rofesoional Liabilityj Shall be ma-ihtain d-by the Contractor to its legal Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ each • L ..age 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 2021_Ver.1 168 4 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 Community Redevelopment Area (CRA) 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), IN Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ • ITB/ Other #21-7846R , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and Other Exhibit/Attachmcnt: 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 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 Page 7 of 17 C Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 i 68 4 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, if applicable, 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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(ccolliercountyfl.gov 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 2021_Ver.l 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. ❑■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. • WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 168 4 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. I111 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. IN 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 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 Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 202 l_Ver.1 160 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. 34. I I K €RSONN this project shall be knowlcdg able in their ar s of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent dates. The Contractor shall not change Key Personnel unless the following conditions arc seven (7) days of the change. The County retains final approval of proposed replacement ■ 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 Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 I 6 B 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. I■I 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. among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of Documents cannot be resolved by application of the Supplemental Conditions, if any, or , 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 168 4 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) fil:) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 202 l_Ver.1 1 6 4 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: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Court & COLLIER U , FLORIDA Comptroller By: 11111.0 L- ` By: Dated: 0 Sr PE NY TAYL , Chair (SE'LAB*to airman's signatlrr!'only. Mainscape, Inc. Contraetar-s--Witnesses. Contractor DBA By:A►J`v. C ntractor's irst Witness /y Signatur ,/Sray./L (.1). Fors? C6:D (ae.s w141TType/print signature and titleT Yp print rint witness a 4-el Contractor' econd Witness —: ka.4krk. TType/print witness nameT proved t • F r , and Legality: County fXtorney �(J �er1 1 Print Name Page 14of17 F'Ned'1erm Service Multi-Contractor Agreement 2021_der 1 164 4 Exhibit A Scope of Services • following this page (pages 1 through 2 ) ❑ this exhibit is not applicable C Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 168 4 ITB#21-7846R"Bayshore Beautification MSTU Landscape and Irrigation Maintenance" Exhibit A Scope of Services This Agreement is awarded on a Primary/Secondary basis,with A&M Property Maintenance,LLC as Primary Contractor and Mainscape,Inc.as Secondary Contractor. Should the Primary Contractor not be able to perform the services under this contract within the specifications outlined in this Agreement,the County may move to the Secondary Contractor. Secondary Contractor shall assume all duties and responsibilities of the Primary Contractor. BACKGROUND The Bayshore Beautification MSTU (Municipal Service Taxing Unit) funds and maintains landscaping, irrigation, and landscape features principally on the medians and side ROW of 7 Areas roadways: • Work Area 1 -North Bayshore Drive from Tamiami Trail,US 41 to Thomasson Drive • Work Area 2- South Bayshore Drive at the intersection of Thomasson Drive South to Holly Ave • Work Area 3 -Thomasson Drive Intersection of Hamilton Ave to Orchid Lane • Work Area 4-Lunar Street;All of Luna Street in its entirety and two small triangular pocket parks • Work Area 5 -Bayview Drive,All of Bayview Drive in its entirety • Work Area 6-Community Parking Lot(Corner of Bayshore Drive and Coco Ave) • Work Area 7-Hamilton Avenue Intersection of Thomasson Drive to Bay Street. This maintenance pertains to existing plants, shrubs, trees and palms, installation of new landscaping, and the repair and replacement of items damaged or destroyed; as well as irrigation system maintenance, plus irrigation controller operation utilizing cell phone access. SCOPE OF WORK The following specifications outlined herein is to provide for the requirements of the agreement,principally on the specified roadways within the boundaries of the 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. SECTION 1. LICENSES/CERTIFICATIONS/DOCUMENTS: Contractor shall maintain the following licenses and certifications throughout the terms of the contract and renewal period(s). Minimum Standards The minimum standards necessary to perform services under this contract include proper licensing, certifications, and documentation as listed below. The Contractor is required to perform services for routine landscape maintenance;however, the Contractor may utilize subcontractors for the services. The Contractor shall be liable in overseeing the subcontractor and that the subcontractor's services are performed per the specifications. Licenses and certifications pursuant to Collier County, Contractor's Licensing, Ordinance Number 2006-46, as amended, and Florida State Statutes. Page l of 12 Exhibit A-Scope of Services f 68 4 Licenses • Commercial Landscape; Landscape; Landscape Restricted; Landscape&Irrigation; or Unlimited Landscape. • Irrigation License or Certification, 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. • Employee-Identification Cards for non-certified employees -OR- • 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). • Arborist Services • Irrigation Services • Fertilizer Application • Pesticide,Fungicide, and Herbicide Applications SECTION 2. WORK AREAS: The Contractor shall provide the grounds maintenance services detailed in the work areas included in the specifications located below and/or as shown on the attached Work Areas. WORK AREA DESCRIPTIONS: 1. Work Area 1 -North Bayshore Drive East and West sides of Bayshore Drive from US 41 to Thomasson Drive. Area 1 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging, Weeding, Ornamental & Turf spraying, Fertilizer, Mulch, General Trimming & Pruning, Post-service Cleaning, Miscellaneous responsibilities, Irrigation Maintenance Service and Regular Services. 2. Work Area 2—South Bayshore Drive South of Thomasson Drive to the intersection of South Holly Avenue East side of ROW only,No Irrigation System Area 2 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging, Weeding, Ornamental&Turf spraying, Fertilizer, Mulch,General Trimming& Pruning, Post-service Cleaning,Miscellaneous responsibilities, and Regular Services. 3. Work Area 3-Thomasson Drive between the intersections of Hamilton Ave and Orchid Lane Area 3 to include everything within the right of way including: Pre-service Cleaning, Mowing,Edging, Weeding, Ornamental& Turf spraying,Fertilizer, Mulch, General Trimming& Pruning, Post-service Cleaning, Miscellaneous responsibilities, Irrigation Maintenance Service and Regular Services. 4. Work Area 4-Lunar Street ROW,as well as the two(2)triangular pocket park areas between the intersections of Lunar Street and Half Moon and Full Moon Courts.No Irrigation System Area 4 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging,Weeding, Ornamental&Turf spraying, Fertilizer,Mulch, General Trimming& Pruning,Post-service Cleaning,Miscellaneous responsibilities, and Regular Services.to include everything withing the right of way including,routine maintenance, area specific pesticides. Page 2 of 12 Exhibit A-Scope of Services 168 4 5. Work Area 5-Bayview Drive-North and South ROW lines No Irrigation System Area 5 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging, Weeding, Ornamental & Turf spraying, Fertilizer, Mulch, General Trimming & Pruning, Post-service Cleaning, Miscellaneous responsibilities, and Regular Services. to include everything withing the right of way including, routine maintenance, area specific pesticides. 6. Work Area 6- Community Parking Lot,Corner of Bayshore Drive and Coco Ave,3321 Bayshore Drive Area 6 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging, Weeding, Ornamental & Turf spraying, Fertilizer, Mulch, General Trimming & Pruning, Post-service Cleaning, Miscellaneous responsibilities, Irrigation Maintenance Service and Regular Services. to include everything withing the right of way including, routine maintenance, area specific pesticides. 7. Work Area 7-Hamilton Ave to Bay Street ROW,Intersections of Thomasson Drive to Bay Street Area 7 to include everything within the right of way including: Pre-service Cleaning, Mowing, Edging, Weeding, Ornamental & Turf spraying, Fertilizer, Mulch, General Trimming & Pruning, Post-service Cleaning, Miscellaneous responsibilities, Irrigation Maintenance Service and Regular Services. to include everything withing the right of way including, routine maintenance, area specific pesticides. SECTION 3. GROUNDS MAINTENANCE SERVICES: Pre-Service Cleaning: • 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 ROW. 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 ROW. • Disposal of trash and debris shall be at a proper landfill or disposal site. Mowing: • Mowing shall be performed in specified MSTU areas, including medians, along the outside edge of the sidewalks of adjacent properties which are not currently maintained by the property owners. • ROW mowing of turf and applicable vegetation is required from back of curb or sidewalk to the ROW line. • Turf and vegetation shall be cut to a height of no less than three and one-half inches (3'/s")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. 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. Page 3 of 12 C Exhibit A-Scope of Services 168 Weeding: • 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 three inches(3")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 MSTU 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 MSTU Project Manager may direct that hand-weeding be performed. 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/Secondary Contractor is not certified, a certified sub-Contractor may be hired upon approval by the MSTU 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 MSTU Project Manager. General Schedule: ➢ Spraying may be performed upon prior approval by the MSTU Project Manager. ➢ Time frames: Trees, Shrubs, Groundcovers, Turf Chemical General Insecticide As-needed Fungicide As-needed Beds Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb Sep Nov Jan Mar Turf Chemical General Pre-emergent Post-emergent Herbicide As-needed Feb Sep Nov Jan Mar 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. Fertilizer 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. • MSTU Project Manager may direct the contractor to both supply and apply fertilizer. • Fertilizing shall be performed at prescribed intervals throughout the year. • Slow release formulations shall be used when available. • Fertilizer shall be broadcast throughout the designated medians, planting beds, and turf areas. Page 4 of 12 Exhibit A-Scope of Services 1 6 B • 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. • Ensure fertilizer and other chemicals do not come in direct contact with water. • After fertilizing (other than when watering restrictions apply), irrigate with at least a quarter-inch (1/4") of water following fertilization to avoid the loss of nitrogen and increase uptake efficiency. If water restrictions apply, the Contractor may irrigate as permitted but no more the one-half inch(1/2") following fertilization. • Do not exceed the annual nitrogen recommendations in the Fertilizer Guidelines for Established Turfgrass Lawns in Three(3)Regions of Florida as provided on label. • Palm fertilization has different nutritional requirements from other landscape plants. MSTU Project Manager will provide the fertilization schedule. o An acceptable formulation is 8-0-12-4 (N, P,K, Mg plus micro-elements) • Turf fertilization treatments of specific nutrients with applications of lacking nutrients in accordance with UF/IFAS 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. • MSTU Project Manager may direct the Contractor to both supply and apply mulch. • 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. • Mulch distribution within a tree or palm area shall begin six inches(6")away from trunk of the tree or palm. • Mulch shall not be piled against any plant branches or trunks. • Prior to re-mulching the Contractor shall turn and mix all the existing mulch in all medians and ROW areas. • 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. General Trimming& Pruning: • 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. • 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 American National Standards Institute (ANSI) 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 MSTU 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 ROW shall be kept trimmed: o to maintain a height of six feet(6'). Page5of12 C Exhibit A-Scope of Services 1 68 4 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 MSTU Project Manager. ➢ Property Owner agrees to maintain hedge at maximum height of ten feet(10')at their expense consistent with the top and vertical side specifications as described above. ➢ Exception may be cancelled at any time by the MSTU 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. o 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 Florida Department of Transportation(FDOT)Indexes. • The frequency of trimming or pruning may be adjusted at the direction of the MSTU Project Manager. 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 MSTU Project Manager detailing the additional work and price difference. BAYSHORE BEAUTIFICATION MSTU TRIM& PRUNE GUIDELINES Common Name Scientific Name Trimming Guidelines Shrubs Bougainvillea(Dwarf) Bougainvillea glabra `Helen Maintain 24' round ht. & 2 ft. Offset Johnson' from back of curb,within limits of clear sight areas Bi-seasonal 50%heavy reduction only upon approval Bougainvillea `Silhouette' Bougianvillea app. "Silhouette' Maintain 36"rounded ht. &2 ft. offset from back of curb Frequency: remove shoots weekly Bi-seasonal 50%heavy reduction upon approval Bush Allamanda Allamanda schottii Maintain 24' round ht. & 2 ft. Offset from back of curb, within limits of clear sight areas. Dwarf Yaupon Holly (Shillings Holly) Maintain 24' round ht. & 2 ft. Offset from back of curb,within limits of clear sight areas Firebush(Dwarf) Hamelia patens `Galbra' Trim to 36"rounded ht. Maintain up to 48"rounded ht. Frequency: As needed Green Island Ficus Ficus microcarpa `Green Island' Trim to 36"rounded ht. Maintain up to 48"rounded ht. Frequency: As needed Hawthorne Raphiolepis indica Trim to 36"rounded ht. Maintain up to 48"rounded ht. Frequency: As needed Jasmine Genus Jasminum Trim to 18"rounded ht. Maintain up to 24"rounded ht. Page 6 of 12 Exhibit A-Scope of Services 16B 4 Frequency: As needed Plumbago Plumbago auriculate `Imperial Trim to 36"rounded ht. Blue' Maintain 48"rounded ht. Frequency: Removes shoots weekly Saw Palmetto(Silver or Green) Serenoa repens Trim to maintain natural rounded ht. Maintain up to 60"rounded ht. Frequency: As needed for shape and remove dead stems Schefflera(Dwarf) Schefflera arboricola `Trinette Trim to 36"rounded ht. Maintain up to 48"rounded ht. Maintain 24"rounded ht. in limits of clear sight areas Frequency: As needed Thryallis Galphimia gracilis Trim to 36"rounded ht. Maintain 24"rounded ht. in limits of clear sight areas Frequency: As needed Walter's Viburnum Viburnum obovatum Trim to 36"rounded ht. Maintain 24"rounded ht. in limits of clear sight areas Frequency: As needed Wild Coffee Psychotria nervosa Trim to 36"rounded ht. Maintain 24"rounded ht. in limits of clear sight areas Frequency: As needed Xanadu Philodendron Philodendron `Xanadu' Trim to 36"rounded ht. Maintain 24"rounded ht. in limits of clear sight areas Frequency: As needed Accent Plants N/A N/A N/A Native& Ornamental Grasses Dwarf Fakahatchee Grass Tripsacum floridanum Grows to about 3 ft.tall. Pruned at it base to remove any old growth: grasses shall only be pruned after blooming season. Shall not be cut in a flat top method Fakahatchee Grass Tripsacum floridanum Grows to about 8 ft.tall. Pruned at it base to remove any old growth: grasses shall only be pruned after blooming season. During the First weeks of October and April Shall not be cut in a flat top method Fountain Grass Pennisetum setaceum Pampas need to mature to about 5 ft. Frequency: Spring and Fall cut back Liriope Liriope muscari Liriope muscari shall only be pruned at the direction and approval of the MSTU Project Manager Pink Muhly grass Muhlenbergia capillaris Trim level at 2" above grade and 2 ft. offset from back curb Frequency: After blooming or in March and July for 100% rejuvenation Sandcord grass Spartina bakeri Trim Level at 2"above grade Page 7 of 12 Exhibit A-Scope of Services ! 6B 4 Frequency: Once per year in July for 100%rejuvenation, if needed Ground Covers Blueberry Flax Lily Dianella tasmanica `Variegata' Remove dead or diseased foliage and flower stalks Frequency: April and October 75%rejuvenation cut only upon approval Blue Porterweed Stachytarpheta jamaicensis or Uniform shape to 18"ht. in limits of cayennensis clear sight areas Frequency: As needed Crown of Thorn(Dwarf) Euphorbia milii 'Big Rose' Uniform shape to 18" ht. in limits of clear sight areas Frequency: As needed Juniper Parsoni Juniper chinensis'Parsonii' Uniform shape to 24" ht. in limits of clear sight areas Frequency: As needed Perennial Peanut Archis glabrata'Ecoturf Mow at 4"blade ht.to tip foliage Frequency: Once per year in June Spider Lily Hymenocallis latifolia No pruning necessary except to remove dead or diseased foliage Frequency: As needed 100%rejuvenation cut only upon approval STRUCTUAL PRUNING (Canopy Trees) April & September Virginia Live Oak Dwarft Jatopha East Palatka Holly Floss Silk Trees Hong Kong Orchid Hopi Crape Myrtle STRUCUTAL PRUNING (Palms)June Alexander Palm _ Paurotis/Everglades Palm Foxtail Palm Sabal Palm/Cabbage Palm 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 paved areas or blown into traffic or roadways. Miscellaneous Responsibilities: • The removal of existing tree and palm staking shall be the responsibility of the Contractor. • Staking Materials for tree or palm may include 2x4, 4x4, lodge poles and/or guy wire. The 2x4 and 4x4 should have a footer stabilize. • 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. Page 8 of 1211; Exhibit A-Scope of Services 168 4 • Inspecting, Reporting, &Invoicing: o The Contractor shall inspect all plant, shrub,tree and grass areas in the MSTU during each base service. o 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. o The Contractor shall be available for on-site inspection in the MSTU work area to verify work completed or to review open issues at the MSTU Project Managers request. o The MSTU Project Manager may request a monthly Landscape Maintenance Report be submitted by the Contractor after the last service week of each month. SECTION 4.IRRIGATION SERVICES: Irrigation Maintenance.Services: The Contractor shall maintain the installed irrigation system for proper function. The areas of responsibility shall include: • Update and coordinate the watering schedules with the MSTU Project Manager as required for monitoring purposes and make recommendations to the MSTU Project Manager as conditions warrant. All irrigation schedule change requests shall be confirmed via e-mail. • 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 schedule interval outlined in Exhibit B- Fee Schedule 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 system(s) shall be performed to check for: o Cuts o Leaks o Pipe damage o Dry areas o Flooded areas o Damaged or deteriorated valve boxes • Operational testing of the irrigation system(s)shall be performed to verify that source water is available and accessible. o Pumps are operating. o Control enclosures are intact, and controllers are powered and responding to inputs. o Controller activated zone control, zone sequence,and zone duration is operational. o Rain sensors are intact and functioning. o Valves are opened and closed to confirm proper function 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 Contractor must arrange for pickup or delivery of the irrigation parts 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 MSTU 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 MSTU Project Manager shall be consulted, the repairs evaluated and Page 9 of 12 Exhibit A-Scope of Services 166 4 quoted. Major irrigation repairs may be sourced separately from other Contractors,as determined by the MSTU Project Manager. • PARTS:Irrigation parts are available for pick-up under separate county Purchase Order(s)with local vendors,identified by the MSTU Project Manager. SECTION 5.ADDITIONAL SERVICES Pressure Cleaning: These pressure cleaning services can be utilized for any required need as requested by the MSTU Project Manager. • Recommended pressure for cleaning brick pavers should be between 2400 to 2700 pounds per square inch (psi). Minimum pressure is to be no less than 2000 psi at any moment during pressure cleaning. • Recommended pressure for cleaning stamped concrete should be between 1000 to 1500 psi. Minimum pressure is to be no less than 1000 psi at any moment during pressure cleaning. • Pressure cleaning concrete sidewalk shall be performed as directed by the MSTU Project Manager. All concrete sidewalks are to be pressure cleaned to remove tire marks or other dirt and debris which may be deposited on the surface areas. Sealing of concrete areas shall be at the direction of the MSTU Project Manager on a time and material basis. • Recommended pressure for cleaning concrete should be between 3000 to 3500 psi. Minimum pressure is to be no less than 2000 psi at any moment during pressure cleaning. • Use of chemicals during pressure cleaning is to be in accordance with all Federal,State,and Local codes and ordinances. All chemical applications are to be submitted to MSTU Project Manager for review and approval prior to use on project. Upon finding damage to the brick curbing, brick paving, stamped concrete, sidewalks, paving or concrete paving, an immediate notification to the MSTU Project Manager or his authorized representative is required. Upon finding damaged areas,the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape.The Contractor shall submit a quote using the bid schedule pricing as soon as possible for repair or replacement of brick curbing/paving areas. Repairs to the brick curbing/paving will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing. All additional expenses must be pre-approved by the MSTU Project Manager.MSTU Project Manager may use other Contractor to replace and/or repair paver/concrete areas. Face Sign: Maintenance for one(1)existing gateway signs, including face of sign, shall consist of cleaning of the pagoda structure and cleaning of sign face by pressure cleaning method upon direction of MSTU Project Manager as needed or directed. Small Project Maintenance: Maintenance for any small projects as needed by the Division may be requested and subcontractor utilized, including but not limited to minor fence repair, bench and trash receptacle repair/replacement or secured in concrete, painting, paver repairs for trip hazards, and any other small projects as requested or needed. Quotes using bid schedule pricing will be provided to the MSTU Project Manager for approval prior to any work commencing. Seasonal Banner and Holiday Decoration: The light fixtures with banner support arms will require the installation and removal of banners. The Contractor shall be responsible for pick-up, installation, removal and return of the banners to the storage location determined by the MSTU Project Manager. The Contractor's unit pricing shall be based upon per banner being installed and replacement with another banner. The Holiday and traditional banners shall be installed for display as requested by the MSTU Project Manager during each calendar year on an as needed basis. Quotes using bid schedule pricing will be provided to the MSTU Project Manager for approval prior to any work commencing. Contractor is to include all cost associated with the installation and removal of banners to include MOT equipment necessary for access to banner arms such as hydraulic lift or ladder, and any other required tools or accessories. Page 10 of 12 Exhibit A-Scope of Services 16B 4 Light Pole Clearing: Maintenance of lamp poles shall consist in removal of lens face of fixture to clean and clear out spider webs and tree limbs or other items that would prohibit the lens or area around the light pole and fixture to perform properly upon direction of the MSTU Project Manager. SECTION 6. CONTRACTORS RESPONSIBILITIES Maintenance of Traffic (MOT) • The Contractor shall verify current MOT certification and comply with the requirements of Collier County's MOT Policy. • The Contractor shall utilize adequate barricades, warning devices, and the necessary safety equipment according to Collier County ROW Ordinance. • Flagmen are required when two-way traffic is obstructed. • Blocking of a public ROW or street, except under extreme emergency conditions, shall not be permitted without prior approval of the MSTU Project Manager and arrangements made with agencies having jurisdiction over the street to be closed. • For safe worker visibility; approved bright day-glow red/yellow/orange colored safety vests(Class 3) shall be worn by employees when servicing the area. Reports • Monthly or weekly grounds maintenance reports may be required by the MSTU Project Manager. • Reports shall be written in English. • Grounds maintenance reports shall be emailed to the MSTU Project Manager prior to or simultaneous with submission of invoices for payment. • The Contractor shall complete the "Irrigation Systems Checklist — Bi-Weekly Requirement" sheets on a bi-weekly basis. • The MSTU Project Manager may request a monthly Irrigation Service Report be submitted by the Contractor after the last service week of each month. • Report format shall be as specified by the MSTU Project Manager. • Contractor's format may be acceptable, upon review and approval by the MSTU Project Manager. Meeting Attendance • Required meetings: o The Contractor shall attend a monthly field review(drive-through)scheduled 1-week before the Advisory Committee meeting. (approx. one(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. one(1) hour) o At the request of the MSTU 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. 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 MSTU 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 MSTU Project Manager, shall be at the Contractor's sole expense. • Accidents, thefts, and vandalism shall be reported to the MSTU Project Manager on the same day as discovered, including pictures when reasonably accessible to be taken. Page 11 of 12 Exhibit A-Scope of Services 16b 4 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 MSTU 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. Sub-Contracting • Contractor use of a sub-Contractor, compliant with all County provisions, may be requested in writing to the MSTU 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 mark-up, if applicable. • Detailed sub-Contractor invoices, Bill of Material's(BOM), and receipts may be requested to be accompanied with the Contractor's invoice to the County. Invoice Markup Materials that are not included in the unit prices shall be reimbursed at a fifteen (15%) percent mark up and a ten (10%) percent markup will be allowed on any rental equipment.The County will require the Contractor to submit receipts showing the cost of goods to verify the markup percentage. Failure to provide receipts showing the costs of goods may result in invoice rejection. There is no markup on tax or freight. County Landscape Maintenance Agreements MSTU Project Manager will notify Contractor of existing landscape maintenance agreements with the property owners as to whose responsibility to maintain the County ROW and Irrigation within the ROW.The fee schedule will remain the same if some areas are removed to the existing list of areas as stated in the contract. *Note:The Collier County Annual Contract for Landscape Maintenance Agreement shall govern except as expressly provided otherwise herein. https://www.colliercountvfl.gov/your-government/divisions-f-r/road- maintenance/landscape-operations/landscape-maintenance-agreement-Ima Page 12 of 12 Exhibit A-Scope of Services I6b 4 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 C Fixed Term Service Multi-Contractor Agreement 202 1_Ver.1 16B 4 ITB#21-7846R"Bayshore Beautification MSTU Landscape and Irrigation Maintenance Exhibit B FEE SCHEDULE SECONDARY SECTION 1:WORK AREAS Mainscape,Inc. Item Description UOM Unit Price 1 Work Area I Cost to Perform Ground Maintenance Weeks $635.00 2 Work Area 2 Cost to Perform Ground Maintenance Weeks _ $159.00 3 Work Area 3 Cost to Perform Ground Maintenance Weeks $736.00 4 Work Area 4 Cost to Perform Ground Maintenance Weeks $379.00 5 Work Area 5 Cost to Perform Ground Maintenance Weeks $255.00 6 Work Area 6 Cost to Perform Ground Maintenance Weeks _ $368.00 7 Work Area 7 Cost to Perform Ground Maintenance Weeks $402.00 SECTION 2:ADDITIONAL SERVICES Description Item Labor Hours(inclusive of all labor,materials,Contractor UOM Unit Price owned equipment to complete the work) 8 Supervisor (labor per man hour) Hourly $52.00 9 Laborer (labor per man hour) Hourly $37.00 Material Markup Percentage is 15% Rental Equipment Markup percentage is 10% 16 8 4 Other Exhibit/Attachment Description: ❑ following this page (pages through ) ❑■ this exhibit is not applicable C Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2021_Ver.1 1 6 B �# ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/22/2021 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 Ext): (317)464-5000 FAX Na): (317)464-5001 355 Indiana Avenue ADDE-MAILSS: kathyhoyer@mcgowaninsgrp.com RE 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: 2020-21 IN 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 EFF POLICY EXP LTR NSSD�D POLICY NUMBER (MM/DDULg / TYPE OF INSURANCE /YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE T $ 1,000,000 RENTED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 X Landscape Design E&0 Inc' 5,000 MED EXP(Any one person) $ A X Pesticide Included Y BP13716 10/01/2020 10/01/2021 PERSONALBADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X P LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECRO T OTHER Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _(Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED FMA009633 10/01/2020 10/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED >/ NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 X UMBRELLA LIAB RREN 10,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LIAB CLAIMS-MADE EX09712 10/01/2020 10/01/2021 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A WCN3074519 10/01/2020 10/01/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Limit($1,000 Ded) $175,000 Leased or rented Equip A B Employee Dishonesty BP13716/PHSD1384826 10/01/2020 10/01/2021 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 or Board of County Commissioners in Collier County,or Collier County Government as Additional Insured&state"for any and all work performed in Collier County 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) 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 #4 v q4'616614 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16B (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any of maintenance or use of that property; their"employees", while moving property to and or from a"covered auto". (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed. member (if you are a limited liability (4) Your legal representative if you die, but only company) for a "covered auto" owned by with respect to duties as such. That him or her or a member of his or her representative will have all your rights and household. duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newly acquire or form, to: other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellow "employee's" employment or Named Insured if there is no other similar while performing duties related to the insurance available to that organization. conduct of your business; or However: (b) The spouse, child, parent, brother or (1) Coverage under this provision is afforded sister of that fellow "employee" as a only until the 90th day after you acquire or consequence of Paragraph (a)above. form the organization or the end of the c. Anyone liable for the conduct of an insured policy period,whichever is earlier; described above is also an insured, but only to (2) Coverage A does not apply to"bodily injury" the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the organization; "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section III — Limits Of Insurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed before you acquired or required by a contract or agreement, the most we formed the organization. will pay on behalf of the additional insured is the 2. Only with respect to liability arising out of the amount of insurance: ownership, maintenance or use of "covered a. Required by the contract or agreement, less autos": any amounts payable by any "underlying a. You are an insured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of "covered auto" you own, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever is less. (1) The owner or anyone else from whom you Additional insured coverage 9 providednv this hire or borrow a "covered auto". This insurance will not be broader than coverage exception does not apply if the "covered provided by the"underlying insurance". auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a"covered auto"you own, to the conduct of any current or past partnership,joint (2) Your "employee" if the "covered auto" is venture or limited liability company that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations. his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos"unless that business is yours. CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 11 of 18 196294 EX-09712 16a POLICY NUMBER: BP-13716 COMMERCIAL GENERAL LIABILITY L 20 31 07 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY WRITTEN CONTRACT ONGOING&COMPLETED OPERATIONS-BLANKET WAIVER OF SUBROGATION-PRIMARY&NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(optional-see Paragraph A.) Name Of Person(s)Or Organization(s) Location(s)And Description of Covered Operations as required by"written contract": per the"written contract": } As designated by the additional insured As designated by the additional insured requirements of the"written contract" requirements of the"written contract" A. ADDITIONAL INSURED-CONTRACTORS 1. ONGOING OPERATIONS: SECTION II —WHO IS AN INSURED is amended to Such person(s) or organization(s) is an addition- include as an additional insured any person(s) or or- ganization(s) you are required by a "written contract" injury", "property damage" or "personal and ad- to add as an additional insured on this Coverage vertising injury"caused,in whole or in part,by: Part. (a) Your acts or omissions;or The "written contract" requirement for additional in- (b) The acts or omissions of those acting on sured status is automatically fulfilled for any addi- your behalf; tonal insured shown in the Schedule above. in the performance of your ongoing operations as specified in the"written contract". B. Coverage provided to such additional insured(s) is limited as follows: L 20 31 0712 Florists'Mutual Insurance Company-Edwardsville, Illinois Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 16B 4 2. COMPLETED OPERATIONS: This exclusion applies even if the claims against any (a) Such person(s)or organization(s) is an addi- insured allege negligence or other wrongdoing in the tional insured with respect to liability includ- supervision, hiring, employment, training or monitor- ed in the "products-completed operations ing of others by that insured, if the "occurrence" hazard" for "bodily injury" or "property dam- which caused the "bodily injury or "property dam- age" caused, in whole or in part, by "your age", or the offense which caused the"personal and work"only if: advertising injury", involved the rendering of, or the I. The written contract" requires you to pro- failure to render, any professional architectural, en- vide the additional insured such cover- gineering or surveying services. ti age;and D. ADDITIONAL INSURED- LIMITS ti. "Your work"d orationscluded in the "products- completed With respect to the insurance afforded to these addi- completed operations hazard"is limited to P the location designated and described in tional insureds, the following is added to SECTION the"written contract". III—LIMITS OF INSURANCE: (b) Such coverage for the additional insured The most we will pay on behalf of the additional in- ends at the earliest of the following: sured is the amount of insurance: I. The date specified in the "written con- 1. Required by the"written contract";or tract";or 2. Available under the applicable Limits of Insurance II. Five years from the completion of "your shown in the Declarations; work" included in the "products- whichever is less. completed operations hazard" as desig This endorsement shall not increase the applicable nated and described in the "written con- Limits of insurance shown in the Declarations. tract". 3. Coverage provided to such additional insured(s) E. ADDITIONAL INSURED—PRIMARY AND described in Paragraph A is limited as follows: NONCONTRIBUTORY (a) The insurance afforded to such additional SECTION IV—COMMERCIAL GENERAL LIABILITY insured only applies to the extent permitted CONDITIONS, 4. OTHER INSURANCE is amended by law;and for the additional insured by the addition of the fol- (b) Will not be broader than the lesser of what lowing, superseding any provision to the contrary: is afforded to you under this Coverage Part If required by'Written contract", this insurance is pri- or that which you are required by the "writ- mary to and will not seek contribution from any other ten contract"to provide for the additional in- insurance maintained by an additional insured under sured. your policy if the additional insured is a Named In- (c) Does not apply to any person(s) or organi- sured under such other insurance. zation(s) covered as an additional insured on any other endorsement attached to this F. ADDITIONAL INSURED-DUTIES: Coverage Part. SECTION IV — COMMERCIAL GENERAL C. ADDITIONAL INSURED-EXCLUSIONS LIABILITY CONDITIONS 2. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM With respect to the insurance afforded to these addi- OR SUIT are amended to add the following tional insureds, the following additional exclusions conditions applicable to the additional insured: apply: An additional insured under this endorsement will This insurance does not apply to: as soon as practical: 1. The sole negligence of the additional insured. 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" un- 2. The rendering of, or the failure to render, any der this insurance. professional architectural, engineering or survey- 2. Provide us any written documentation which ing services,including: triggered additional insured status or waiver of (a) The preparing, approving, or failing to pre- recovery rights. pare or approve, maps, shop drawings, opin- 3. Provide us copies of all legal papers received ions, reports, surveys, field orders, change and otherwise cooperate with us in the investi- orders or drawings and specifications;or gallon, defense or settlement of the claim or (b) Supervisory, inspection, architectural or en- suit". gineering activities. We have no duty to defend or indemnify an addi- tional insured under this endorsement until we re- ceive written notice of a claim or "suit"from the ad- c ditional insured. L 20 31 0712 Florists'Mutual Insurance Company- Edwardsville,Illinois Page 2 of 3 f Includes copyrighted material of Insurance Services Office, Inc.,with its permission. t t 16B 4 l G. ADDITIONAL INSURED—DEFINITIONS: H. BLANKET WAIVER OF SUBROGATION 1 SECTION V—DEFINITIONS is amended for this SECTION IV—COMMERCIAL GENERAL LIABILITY s endorsement by the addition of the following: CONDITIONS,8.Transfer Of Rights Of Recovery 1 1. "Written contract" means a written contract or Against Others To Us is amended by the addition of the following: written agreement that requires you to make a ? person or organization an additional insured on We waive any right of subrogation we may have this Coverage Part, provided the written contract against any person(s) or organization(s) with whom or written agreement: you have signed a written contract or written agree- i (a) Is effective during the term of this Cover- age Part;and This waiver applies only if the written contract or writ- ten agreement is: (b) Was signed by you prior to the "bodily inju- ry", "property damage" or "personal and 1. Signed by you prior to the "bodily injury", "prop- advertising injury"offense applicable to this erty damage" or "personal and advertising inju- ; Coverage Part;and ry" offense applicable to this Coverage Part t (c) Pertains to your ongoing operations or and; "your work" included in the "products- 2. Effective during the term of this Coverage Part completed operations hazard"for the addi- and is an "insured contract"and; tional insured. 3. Applicable to your ongoing operations or "your i 2. The definition of"insured contract"is modified work" included in the "products-completed op- for the additional insured as follows: erations hazard". i ,, Paragraph f. of the "insured contract" definition I does not apply to "bodily injury" or "property I damage"included within the"products - completed operations hazard" unless required by the"written contract". i % 4; 1 1 i i t t i e, L 20 31 0712 Florists'Mutual Insurance Company-Edwardsville, Illinois Page 3 of 3 Includes copyrighted material of insurance Services Office, Inc.,with its permission. t i 1 6B 41 COMMERCIAL AUTO SBFAE 0218 .I i i SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM i 1. Broadened Who Is An Insured This provision applies only if there is no 4 Under Section II-Covered Autos Liability similar insurance available to the entity Coverage, the following is added to Coverage described above. I A.1.Who Is An Insured: 2. Broadened Supplementary Payments A. Employees As Insureds Coverage Extension 2.a. Supplementary Payments Any "employee" of yours is an "insured" while under Section II - Covered Autos Liability using a covered "auto" you don't own, hire or Coverages is amended as follows: borrow in your business or personal affairs. B. Newly Acquired Organizations A. Paragraph 2.a.(2) is amended to pay up to $3000 for cost of bail bonds;and i Any organization you newly acquire or form,other B. Paragraph 2.a.(4) is amended to pay for loss of than a partnership,joint venture or limited liability earnings up to$500 a day because of time off from company,and over which you maintain ownership work. or majority interest, will qualify as a Named Insured if there is no other similar insurance 3. Fellow Employee Bodily Injury Extension available to that organization. However: The Fellow Employee exclusion contained in Section 1 1. Coverage under this provision is afforded II - Covered Autos Liability Coverage does not i only until the 180th day after you acquire or apply. form the organization of the end of the policy 4. Accidental Airbag Discharge I period;whichever is earlier;and The following is added to Exclusion B.3.a. under 2. Coverage does not apply to "bodily injury", Section III-PHYSICAL DAMAGE: "property damage"or"covered pollution cost This exclusion does not apply to the accidental • or expense" that occurred before you discharge of an airbag in a covered auto for a loss that acquired or formed the organization. Physical Damage Coverage is shown in the C. Blanket Additional insured Declarations. Each person or organization where you are 5. Physical Damage Coverage Extensions required by written contract to add as an additional The following replaces the Coverage Extensions x insured is an"insured"for Covered Autos Liability under Section III-PHYSICAL DAMAGE: Coverage, but only to the extent that person or A. Transportation Expenses organization qualifies as an "insured" under the Who Is An Insured provision contained in We will pay up to$50 per day to a maximum , Paragraph A.1. of Section II — Covered Autos of $1000 for temporary transportation Liability Coverage in the Business Auto and Motor expense incurred by you because of the Carrier Coverage Forms and Paragraph D.2. of total theft of a covered "auto"of the private Section I—Covered Autos Coverages of the Auto passenger type. i Dealers Coverage Form. The written contract We will pay up to$75 per day to a maximum must be executed prior to any"loss". of $1500 for temporary transportation ! D. For any covered"auto": expense incurred by you because of the 1. Who Is An Insured is amended to include total theft of a covered "auto"of the truck or as an insured any organization or subsidiary van type with a Gross Vehicle Weight of thereof which is a legally incorporated entity less than 10,000 pounds used as a private passenger vehicle. %. of which you own a financial interest of more r" than 50 percent of the voting stock on the We will pay only for those covered "autos" f effective date of this endorsement. for which you carry either Comprehensive t E Page 1 of 3 SBFAE 02 18 Florists'Mutual Insurance Company ?, Edwardsville,Illinois i; Includes copyrighted material of Insurance Services Office,Inc.,with its permission. I ii i I 6 8 4 i or Specified Causes of Loss Coverage.We (1)Any device designed or used to detect speed- 1 will pay for temporary transportation measuring equipment such as radar or laser expenses incurred during the period detectors and any jamming apparatus intended beginning 48 hours after the theft and to elude or disrupt speed-measurement ending,regardless of the policy's expiration, equipment; when the covered"auto" is returned to use (2)Any electronic equipment that reproduces, or we pay for its"loss". receives or transmits audio, visual or data signals; ' B. Loss Of Use Expenses (3)Tools; For Hired Auto Physical Damage,we will pay (4)Jewelry,precious metals and loose gems; z expenses for which an "insured" becomes Moneyand securities; or legally responsible to pay for loss of use of a (5) vehicle rented or hired without a driver under (6) Property specifically insured or covered under a written rental contract or agreement.We will the Business Personal Property Coverage of pay for loss of use expense If caused by: this policy. 1. Other than collision only if the 7. Glass Deductible Declarations indicate that Comprehensive Under Section III - PHYSICAL DAMAGE, the k Coverage is provided for any covered following is added to A.3. Glass Breakage - Hitting "auto"; A Bird Or Animal - Falling Objects Or Missiles 2. Specified Causes Of Loss only if the Coverage: Declarations indicate that Specified The Comprehensive Coverage deductible shown in Causes of Loss Coverage Is provided for the Declarations does not apply to glass breakage if any covered"auto"; or such glass Is repaired rather than replaced. 3. Collision only if the Declarations indicate that 8. Broad Knowledge Of Accident,Claim,Suit Or Collision Coverage is provided for any covered Loss "auto". i Under Section IV- Business Auto Conditions, the However,the most we will pay for any following is added to Loss Conditions A.2.Duties In expenses for loss of use is$50 per day, to a The Event Of Accident,Claim,Suit Or Loss: maximum of$1000. 6. Personal Effects Knowledge of an"accident",claim,"suit"or"loss"by The following is added to A. Coverage under an agent or"employee"of an Insured or receipt of Section III-Physical Damage Coverage: any demand,notice,summons or other legal paper in connection with a claim or"suit"by any agent or A. We will extend Physical Damage Coverage on a "employee"of any insured shall not In itself covered"auto"to include personal property owned constitute knowledge of the named insured or by you, a relative or an "employee"that is in the receipt of the named insured,unless a partner, covered "auto" at the time of "loss". The "loss" member, manager,executive officer or director shall must be caused by damage for which coverage is have such knowledge or shall have received such shown in the Declarations. There must be demand,notice,summons or legal paper. evidence of forced entry for loss caused by theft. 9. Unintentional Failure To Disclose Hazards B. The exclusion referring to tapes, records, discs Under Section IV-Business Auto Conditions, or other similar audio, visual or data electronic the following is added to General Conditions devices designated for use with audio, visual or B.2.Concealment,Misrepresentation Or Fraud: data electronic equipment does not apply. %. C. The most we will pay for any one"loss"under this If in your representations to us you unintentionally coverage extension is$500. No Physical Damage failed to disclose all hazards and exposures Coverage deductible applies to this coverage subject to this insurance, we shall not deny all extension. coverage under this policy because of such oversight. D. Coverage provided by this Personal Effects 10. Mental Anguish extension is excess over any other collectible insurance. F. The definition of"bodily injury"under Section E. The coverage extension does not apply to the V•Definitions is replaced by the following: following 'Bodilyinjury" means bodily 'u sickness F. property: or disease sustained by a person, including Page 2 of 3 SBFAE 0218 Florists'Mutual Insurance Company f. Edwardsville, Illinois Includes copyrighted material of Insurance Services Office,Inc.,with its permission. F. F. 1 6 B 4 "mental anguish"or death resulting from any of these at any time. G. The following definition is added to Section V -Definitions: "Mental anguish" means extreme pain or distress inflicted upon an individual's emotional and intellectual condition with regard to the individual's response to the environment. 11. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us(Waiver Of Subrogation) Under Section IV-Business Auto Conditions,the t'. following is added to Coverage A.5.Transfer Of Rights Of Recovery Against Others To Us: The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to a person(s)or organization(s),but only to the extent that subrogation is waived prior to the"accident"or the"loss"under a written contract with that person or organization. 12. Coverage For Leased Autos Any"auto-you lease or hire for a period of 30 days or more under a leasing or rental agreement will be considered an"auto"you own and not a covered"auto° that you lease,hire,rent or borrow. IqQ yyF Sj Page 3 of 3 SBFAE 02 18 Florists'Mutual Insurance Company Edwardsville,Illinois Includes copyrighted material of Insurance Services Office,Inc.,with its permission. fi 1 6 B 4 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, A. The following is added to the Other Insurance B. The following is added to the Other insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance—Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability 'r Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to } an"insured"under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance;and 1. Such "insured"is a Named Insured under such 2. You have agreed in writing in a contract or other insurance;and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such Insured". k CA 04 49 11 16 ©Insurance Services Office, Inc.,2016 Page 1 of 1 FMA-009633 196294 { 1' 168 WORKERS COMPENSATION AND EMPLOYERS UABILETY INSURANCE POLICY WC 00 0313 (Ed.4-84) yr WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Person or Organization Job Description ii All parties with whom our insured performs work Landscape and Lawn Maintenance under a written contract that requires this agreement This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. W C N 3074519 lorsement No. Insured Mainscape Inc,Mainscape Fishers LLC,Mainscape Naples LLC,MS Holdings LLC erniurrt Insurance Company Countersigned by ) Florists Mutual Insurance Co WC 00 0313 ti (Ed.4-84) r 4 s 16B 4 COMMERCIAL LIABILITY UMBRELLA CU24801219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: • COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CU 24 80 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1