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Agenda 10/11/2016 Item #16A10 16.A.10 10/11/2016 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 16-6643 "Nuisance Abatement Services," to two vendors: Neal's Lawn and Landscape Maintenance and Eco-Mulching Services,Inc.,and authorize the Chairman to sign the attached agreements after County Attorney review. OBJECTIVE: To award ITB 16-6643 to two firms for nuisance abatement services in accordance with the Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Sections 176, et seq. CONSIDERATION: The Code Enforcement Division is responsible for the enforcement of the Collier County Land Development Code and the Collier County Code of Laws and Ordinances within unincorporated Collier County. Several code provisions grant authority to the County to abate nuisances including litter/debris removal and mowing grass when a property owner fails to maintain their property after legal notice and due process requirements have been met. The Code Enforcement Division also administers a mandatory lot mowing program for those repeat offenders who have failed to maintain their property. Properties with three or more lot mowing (nuisance) violations may be enrolled in the lot mowing program, and once enrolled, the property owner is responsible for direct costs, plus administrative costs for the maintenance provided by the County. A lien may be placed on the property if the property owner fails to pay the program cost. Vacant and foreclosed homes are also maintained with this program. Property owners and the banks possessing title or holding the mortgage note are provided an invoice and given the opportunity to pay the invoice prior to a lien being placed on the property. A lien may be placed on the property if the program costs are not reimbursed to the County. ITB 16-6643 was publicly advertised on June 16, 2016, with 760 prospective bidders downloading bid packages and three(3)bids were received. The offers are summarized below. Neal's Lawn Eco-Mulching Superior Mowing North District $515 No bid $26,400 Mowing South District $515 No bid $26,400 Litter and Debris N. $75 No bid $400 District Litter and Debris S. District $75 No bid $400 Preserve Mowing No bid $120 $1,178 Mowing and Lawn Services: Staff determined that the lowest bid, Neal's Lawn, is qualified and responsive and recommends awarding the contract to Neal's Lawn and Landscaping Maintenance, Inc. The invitation to bid, bid tabulation, agreement and bid schedule are Attachments 1, 2, 4, and 6 respectively. Litter and Debris Removal: Staff determined that the lowest bid is qualified and responsive and recommends awarding the contract to Neal's Lawn and Landscaping Maintenance,Inc. Preserve Mowing: Staff determined that the lowest bid, Eco-Mulching, is qualified and responsive and recommends awarding the contract to Eco-Mulching Services, Inc. The invitation to bid, bid tabulation, bid agreement and bid schedule are Attachments 1,2, 3, and 5 respectively. When the solicitation was posted, the original intent was to award a primary, secondary and tertiary Packet Pg. 508 16.A.10 10/11/2016 vendor in each of the work categories and districts. After careful review of the submitted proposals, staff determined that the pricing provided by the additional vendor (Superior Landscape and Lawn Service, Inc.) is far beyond market rates,therefore should not be given an award. The Superior Landscape was contacted and questioned as to why their bid price was so high in comparison to the other vendors ($26,400 compared to $515.). The vendor was aware that his bid would probably be high, but said there were just too many unknowns in terms of the daily work, to be able to submit more competitive pricing. He described two specific concerns. 1. Mowing Section: He would need a crew to walk each lot and clear any debris prior to mowing, to prevent damage to his equipment. 2. Preserve Section: Upon a site visit to the preserves, they was concerned that the removal of invasive plants would be especially labor intensive. Given that only two contracts were awarded with this solicitation, if the awarded vendors are unable to perform the required services, the County reserves the right to solicit additional vendors. Staff will periodically review the workload given to the awarded vendors and if necessary,will issue a supplemental solicitation, in the future,to include more vendors. FISCAL IMPACT: During fiscal year 2015, the Code Enforcement Division assigned 818 lot mowing/litter removals. Code Enforcement anticipates roughly 1,000 abatements in the fiscal year 2016. Costs associated with Nuisance Abatement services are budgeted in General Fund 111 within Code Enforcement Operations. It is estimated that a combined annual amount of$60,000 will be spent on this program for the Code Enforcement Division. The Code Enforcement nuisance abatement program invoices the property owners for the services rendered and if invoices are not paid within twenty (20) days, a lien is placed on the property. When a property is sold costs will be recovered at that time if not paid prior to sale. GROWTH MANAGEMENT IMPACT: While this item has no direct Growth Management Impact, it is consistent with the goals of the County to streamline and expedite the procurement of these required services. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for approval. -CMG RECOMMENDATION: To award Invitation to Bid(ITB) 16-6643 "Nuisance Abatement Services",to two vendors: Neal's Lawn and Landscaping Maintenance, Inc. and Eco-Mulching Services, Inc., and authorizes the Chairman to sign and execute the attached agreement after final review and approval by the County Attorney's Office. Prepared By: Marlene Serrano,Manager of Operations, Code Enforcement Division,Growth Management Department ATTACHMENT(S) 1. 16-6643 -Nuisance Abatement ITB (PDF) 2. 16-6643 Tabulation-Nuisance Abatement (PDF) 3.Nuisance Abatement-Eco (PDF) 4.Nuisance Abatement-Neals (PDF) 5.ECO Mulching (PDF) 6.Neals lawn full (PDF) Packet Pg. 509 16.A.10 10/11/2016 7. 16-6643 Superior submission (PDF) Packet Pg.510 16A10LL' 10/11/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Item Summary: Recommendation to award Invitation to Bid (ITB) 16-6643 "Nuisance Abatement Services," to two vendors: Neal's Lawn and Landscape Maintenance and Eco-Mulching Services,Inc.,and authorize the Chairman to sign the attached agreements after County Attorney review. Meeting Date: 10/11/2016 Prepared by: Title: Administrative Assistant—Code Enforcement Name:Nancy CardinaleLower 08/15/2016 10:51 AM Submitted by: Title:Division Director-Code Enforcement—Code Enforcement Name: Michael Ossorio 08/15/2016 10:51 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/26/2016 4:28 PM Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 08/26/2016 4:46 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/29/2016 9:06 AM Procurement Services Adam Northrup Level 1 Purchasing Reviewer 1-4 Completed 08/29/2016 10:30 AM Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 08/30/2016 9:46 AM Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 09/01/2016 4:17 PM Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/07/2016 11:23 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/07/2016 1:22 PM County Attorneys Office Colleen Greene Level 2 Attorney Review Completed 09/07/2016 4:50 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/09/2016 1:55 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/09/2016 4:18 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 2:42 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/14/2016 2:02 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2016 9:26 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM Packet Pg. 511 16.A 10.a Coer County Administrative Services Department Procurement ServicesDivision INVITATION TO BID Date: 06/16/2016 From: Adam Northrup, Procurement Strategist (239) 252-6098 (Telephone) y (239) 252-6302 (FAX) a) adamnorthrup@colliergov.net (Email) To: Prospective Vendors E d r Subject: Solicitation: 16-6643—Nuisance Abatement $ a) v Cu As requested by the Collier County Code Enforcement Division, the Collier County Board of County Commissioners Purchasing Division has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and mr� time and any applicable pre-ITB conference. E All questions regarding this ITB must be submitted online on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. co We look forward to your participation in Collier County's competitive procurement process. cc: Marlene Serrano E L 0 Ca z Procsxorr nt Services Drosrhr•3327 Taoism'Trait East•Naples.Florida 34112-0901.239-252-&107.www.col ergov.net/procurementseruices #16-6643—Nuisance Abatement 1 ITB Template_01202016 Packet Pg.512 16A.1Q.a Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 11 Exhibit III: Standard Purchase Order Terms and Conditions 17 Exhibit IV: Additional ITB Terms and Conditions 20 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 27 Attachment 2: Vendor's Check List 28 0 Attachment 3: Vendor Submittal - Bid Response Form 29 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 31 Attachment 5: Vendor Submittal— Immigration Affidavit 32 Attachment 6: Vendor Substitute W—9 33 a) Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 34 d a) c) N_ Z N C CO c) E d R) .04) c.) <0 N Z M et co 47, :C.: a) E t) co z #16-6643—Nuisance Abatement 2 ITB Template_01202016 Packet Pg.513 16.A.10."a: Co r /Vl County Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 16-6643—Nuisance Abatement, will be received 17 electronically only at the Collier County Government, Purchasing Division, 3327 Tamiami Trail a E, Naples, FL 34112 until 3:00PM, Collier County local time on 06/23/2016. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-6643—Nuisance Abatement coAll questions regarding this ITB must be submitted online on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. F-n Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. E d r Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA z BY: /s/Joanne Markiewicz c Director, Procurement Services Division Publicly posted on the Collier County Purchasing Division website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on 06/09/2016. aw #16-6643-Nuisance Abatement 3 ITB Template_01202016 4 Packet Pg. 514 16.4:10.a �-v Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Collier County Code Enforcement Division Division (hereinafter, the "Division or Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County divisions once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase c The County is interested in receiving proposals from qualified contractors for: mowing, bush-hogging and litter/debris removal services in accordance with Collier County Code of Laws and Ordinances a Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. Historically, County divisions have spent approximately$96,000.00 annually on this type of c work. z Detailed Scope of Work The awarded Contractor(s)shall provide the following services which includes, but is not limited to: mowing, bush-hogging and litter/debris removal in accordance with Collier County Code of Laws and r-- Ordinances _Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications are intended to provide the information by which Contractors may understand the minimum requirements of Collier County relative to this Agreement. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • North District(Includes Immokalee City) • South District(Includes Everglades City) z The quantity and location of the service areas listed above are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during the contract term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. The County intends to divide the two (2) categories of work into two districts with the dividing line z between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line. The North District includes areas from North Naples to Immokalee City. The South District includes all unincorporated areas boardering the City of Naples and Marco Island. Also includes Copeland, Everglades City and incorporated areas in between. Preserve Abatement On occasion, Collier County requires mechanical nuisance abatement within environmentally sensitive preserve areas. #16-6643—Nuisance Abatement 4 ITB Template_01202016 Packet Pg 515 5 y Specifications for contractors providing vegetation clearing in Collier County Preserve Areas: •Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (avoid aggressive turns, use equipment only where specified, etc.). • Experience working in preserve areas where listed species occur. • Knowledge of natural areas. • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. • Experience de-contaminating invasive, exotic spores, seeds, grasses from machinery. • Experience keeping proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. CD >_ It is the County's intent to award a different primary and secondary contractor for each of the north and south districts within: ct a Category 1: Mowing; Category 2: Litter and Debris Removal. z As well as a primary and secondary contractor for; CAD ti Category 3: Preserve Abatement(The awarded contractors for this category will provide the services for the entire County. Assignment of Work All work will be sent to the primary vendor weekly on Tuesdays and Thursday. For work sent on $ Tuesday, the primary vendor must respond that they accept the work by end of business on Wednesday. For work sent on Thursday, the primary vendor must respond that they accept the work by end of business on Friday. For any work not responded to or not accepted by the primary vendor, the secondary vendor will be sent the list of jobs weekly on Monday. Category 1: Mowing co • Mandatory Work: The work is described as a public nuisance determined to exist three (3) or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership. • Non-mandatory Work: The work is described as any accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Collier d County. Category 2: Litter and Debris Removal Includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as defined by the Division, and fill dirt if ordered. For both categories, the Contractor shall provide all labor (qualified personnel), material, supplies and equipment to perform required services, including but not limited to, mowing, bush-hogging and #16-6643—Nuisance Abatement 5 ITB Template_01202016 Packet Pg 516` 16.Af1(ha litter/trash removal in accordance with all specifications, terms and conditions specified herein and ,•' • attached hereto. The County intends to use the awarded Contractors as described above for mandatory and non- mandatory mowing services, and on-call large abatement services. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of his responsibilities to perform under this Agreement, nor shall it be considered the basis for any claim for additional compensation. 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this N Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the m County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before photo E showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative within two days of submitting the invoices. Photos are to be taken from same angle and wide view. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, andco employees to complete the jobs, who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Agreement. If the designated Supervisor is not acceptable to the County, the Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the E County's notification. All communication, written or oral, shall be solely in the English language. 5 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, Q including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from #16-6643—Nuisance Abatement 6 ITB Template_01202016 Packet Pg.517 1A-'1fl at November 1st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. 8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement, unless otherwise directed in writing, or unless specified as an emergency by Code Enforcement. The Contractor shall take every precaution to ensure the safety of all citizens and animals on and around subject property during abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. 10. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the 0 form(s) provided to the Contractor with before and after photos - date and time stamped. Photos are to be taken from same angle and wide view. The Contractor will also be required to conduct on- d site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. 2 11. Equipment Required for Services: co • Tractor w/60" bush hog or greater(optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) m^ • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. This d could be anything from garbage to appliances, furniture, tires,junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. c 12. Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor shall contact the County's Project Manager with any complaints at (239) 252-2240. The Contractor will contact the Code Enforcement representative to notify County personnel of any complaints received within twenty-four (24) hours. If directed by the Project Manager, the Contractor shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition/resolution. t4 13. Specifications a. Mowing: Assignment of job sites may require a one-time mowing or periodic frequency during the period from May 1st through October 31st, or monthly during the period from November 1st through April 30th. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. #16-6643—Nuisance Abatement 7 ITB Template_01202016 Packet Pg.e518 6,A1 Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material (including but not limited to palm fronds, leaves, branches, etc.)shall be mulched or removed by the contractor. b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. U) m c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean. d No clippings or other debris shall be blown or allowed to be deposited on other adjacent property b or accumulate on right-of-way areas. as d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and a horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these N services. z Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large Csi items such as appliances, furniture, tires,junk cars or other large items are part of this Agreement. Category 3— Preserve Abatement Mechanical nuisance abatement in these instances will include, but not be limited to: mowing large stands of invasive, exotic species; mowing firebreaks and/or trails; and reducing understory 43 prior to prescribed burns. Specifications of equipment to be used are attached. If contractor will not be using the RC-100 Posi-Track Rubber Track Loader equipped with a GyroTrac Toma-Ax 500HF High-Flow Cutter Head, contractor will need to provide specifications to any comparableco machinery and contractor will be required to demonstrate the capabilities of the comparable machinery within a Collier County Preserve Area prior to being awarded the bid. e1' Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. ^, • The County's Purchasing Division reserves the right to clarify a vendor's proposal prior to the award of the solicitation. #16-6643—Nuisance Abatement 8 ITB Template_01202016 Packet Pg. 519 • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s). • For the purposes of determining the bidder with the lowest price for award purposes only the following methodology will be used: 1. Complete pricing for all items listed in BLUE on Attachment 8: Bid Schedule. 2. There are two categories that have two districts for which line item bid pricing may be submitted: Mowing and Litter and Debris Removal for the North and South Districts; and, one category for preserve abatement,that includes the entire County. 3. Contractors must submit ALL LINE ITEM PRICING FOR THE CATEGORY OF WORK by DISTRICT for which a bid is being submitted. The contractor's bid shall be deemed non-responsive if one, or N any, line item pricing is missing from the category of work within the zone. (You are not required to a) bid on all categories,just every item in the categories you wish to participate in.) m 4. By category and district, all line items will be totaled together to determine the TOTAL Price. The bidders shall be ranked from lowest to highest TOTAL price by category and district. E 5. Alternate items are not included in the award formula. 03 .0arBelow is a sample of the bid schedule from Attachment 8, but, not the official bid CS • B z SOUTH DISTRICT(Includes NORTH DISTRICT Port of the ti Item Category Description (Includes Immokalee) Isles/Goodland/Copeland) Price to the County Per Price to the County per Ib Parcel • Parcel 4- 1 Mowing d Up to and including twenty-four(24)inches $0.00 $0.00 high and up to one-half(.5)acres, y 2 Mowing Up to and including twenty-four(24)inches $0.00 $0.00 and up to one-half(.5)to one(1)acre Q 3 Mowing Up to and including twenty-four(24)inches $0.00 $0.00 a and from one(1)-two(2)acres ca 4 Mowing Up to and including twenty-four(24)inches y per acre(for lots greater than two(2) $0.00 $0.00 z acres) 5 Mowing Twenty-four(24)inches and including M thirty-six(36)inches and up to one-half(.5) $0.00 $0.00 acres 6 Mowing co Twenty-four(24)inches and including thirty-six(36)inches and one-half(.5)to $0.00 $0.00 one(1)acre 0 7 Mowing _ Twenty-four(24)inches and including thirty-six(36)inches and from one(1)to $0.00 $0.00 two(2)acres 8 Mowing Twenty-four(24)inches and including thirty-six(36)inches per acre(for lots $0.00 $0.00 greater than two(2)acres) 9 Mowing Over thirty-six(36)inches and up to one- $0.00 $0.00 half(.5)acre $0.00 $0.00 10 Mowing Over thirty-six(36)inches and up to one- $0.00 $0.00 half(.5)to one(1)acre 11 Mowing Over thirty-six(36)inches per acre(for lots $0.00 $0.00 greater than one(1)acre) 12 Mowing. ' TOTAL so do;/; $0.00 #16-6643-Nuisance Abatement 9 ITB Template_01202016 Packet Pg.,520 I6.A10.a • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select Primary, Secondary and Tertiary. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2)years, with two (2) additional one(1) year renewals. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon one or any combination of the following; the co consumer price index(CPI) over the past twelve (12) months, budget availability and/or program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. a Projected Timetable z Event Date Issue Solicitation Notice 06/09/2016 Last Date for Receipt of Written Questions 06/17/2016; 3:00pm m Solicitation Deadline Date and Time 06/20/2016; 3:00pm Anticipated Evaluation of Submittals 06/20/2016 Anticipated Board of County Commissioner's Contract June 2016 Approval Date m Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form to • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit to • Attachment 6: Vendor Substitute W-9 c • Attachment 7: Insurance and Bonding Requirement #16-6643—Nuisance Abatement 10 ITB Template_01202016 Packet Pg. 521 16 A10 a"' Exhibit II: General Bid Instructions rr. 1. Purpose/Objective As requested by the Collier County divisions or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the"Vendor" N All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly co signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. tcs 2. Pricing m 0 Vendors must provide unit prices using the unit of measured specified by the County. All prices N will remain firm for a period of one hundred and eighty(180)calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. CNI ti 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted E price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not a be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the M purpose of establishing minimum requirements of level of quality, standards of performance and/orco design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of E factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. a Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #16-6643—Nuisance Abatement 11 ITB Template_01202016 Packet Pg.522 16A10.a 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda C) m The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and43 shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who .. downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. E 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Division Online CD Bidding System: www.colliergov.net/bid. y Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Division Internet bid site. M to 9. Questions t° If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement E Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Division Internet website: www.colliergov.net/bid. Questions will not be d answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures)shall file their protest #16-6643—Nuisance Abatement 12 ITB Template_01202016 Packet Pg 521A' 16 Al Qua" with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier , County Purchasing Ordinance. 2 Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility thatco receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and CD measurable way. This may include, but not be limited to, the retention and expansion of E employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. z M Under this solicitation, bidders desiring to receive local preference will be invited and required to co affirmatively state and provide documentation as set forth in the solicitation in support of their co status as a local business.Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one(1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Division shall determine if the #16-6643—Nuisance Abatement 13 ITB Template_01202016 Packet Pg.-524 16.A.1 O.a lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Division shall invite the lowest local bidder to submit a matching offer, less one(1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one(1)dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. a, Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. c A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the ac County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to Z assure full understanding of, and responsiveness to solicitation requirements. ti 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. E d The Employment Eligibility Verification System (E-Verify)operated by the Division of Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used N for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including z professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners V Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. #16-6643—Nuisance Abatement 14 ITB Template_01202016 Packet Pg.525 16A10 a= For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as 03 meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with c the exception of the Purchasing Division. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) r. In order to be considered for award, firms must be registered with the Florida Division of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority(www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number E shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the a firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free E workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said 0 certification; the County will give local vendor preference. Q 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Division as well as on the Collier County Purchasing Division website on Wednesdays and Thursdays prior to the County Commission meetings. #16-6643—Nuisance Abatement 15 ITB Template_01202016 Packet Pg.'526'v 16.A.10 a= Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. d V .' C) N C1 E d r Q d U la Z N I- ti ,1 m C C1 E C) R Q C) U C !a N 2 M vt co CO co:+ C d E v ca #16-6643—Nuisance Abatement 16 ITB Template_01202016 Packet Pg. 527 1SA1Oa Exhibit III: Standard Purchase Order Terms and Conditions ,--� 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen(14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase y attached to or referenced therein) constitutes Order, no invoices shall be issued nor a) the entire agreement between the parties, unless payments made prior to delivery. Unless •_ otherwise specifically noted by the COUNTY on freight and other charges are itemized, any 0 the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. m from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the E terms and conditions contained in this Purchase same day via the same route must be as Order. consolidated. Each shipping container must a be consecutively numbered and marked to a) No additional terms may be added and Purchase show this Purchase Order number. The ec=o Order may not be changed except by written container and Purchase Order numbers must u) instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips c z is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less m conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The m notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at c services,or any similar act by VENDOR. VENDOR'S expense that is not marked with a) Purchase Order numbers. VENDOR agrees m 3. Inspection to declare to the carrier the value of any c All goods and/or services delivered hereunder shipment made under this Purchase Order 4 shall be received subject to the COUNTY'S and the full invoice value of such shipment. a) inspection and approval and payment therefore d) All invoices must contain the Purchase Order co shall not constitute acceptance. All payments are number and any other specific information as u) subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts z All defective or nonconforming goods will be of prompt payment will be computed from the ; c,,, returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of co VENDOR'S expense. receipt of invoices, whichever is later. co Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with w series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as 0 COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County 13 Order if goods and/or services provided early in Commissioners Purchasing Policy. a the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR ,^ any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #16-6643—Nuisance Abatement 17 ITB Template_01202016 Packet Pg.528 16 A.9O.a`' VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement a delivery schedule will be negotiated by the VENDOR represents and warrants that all goods •c COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase N foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, c Any claims for adjustment by VENDOR must be copyright or trade secret; and c)do not constitute m made within thirty (30) days from the date the unfair competition. as change is ordered or within such additional .o period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the m parties. COUNTY from and against any and all claims, c including claims of negligence, costs and ass 7. Warranties expense, including but not limited to attorneys' m VENDOR expressly warrants that the goods fees, which arise from any claim, suit or .. and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of cv will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S '� specified by the COUNTY, and will be of representations and warranties in section 11 (a). m satisfactory material and quality production, free Y from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach E intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to m security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, as claim of any third party. These warranties shall procure for the COUNTY the right to continue ct survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become c asi non-infringing, (without any material degradation y 8. Statutory Conformity in performance, quality, functionality or additional z Goods and services provided pursuant to this cost to the COUNTY). en Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements T laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide to Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably m Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing E face of the Purchase Order. and maintaining adequate insurance coverage is 0 a material obligation of the VENDOR. All Q 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Division. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #16-6643—Nuisance Abatement 18 ITB Template_01202016 Packet Pg. 529` ; 16 A.`i iia the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure .--. without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in m be regarded by the COUNTY as a material and response to a breach of this Purchase Order 0 substantial breach of the contract arising from by VENDOR shall not constitute a waiver of m this Purchase Order. breach. Waiver of the COUNTY by anyco default by VENDOR hereunder shall not be d 14. Force Majeure deemed a waiver of any subsequent default m Neither the COUNTY nor VENDOR shall be by VENDOR. a responsible for any delay or failure in c) All notices under this Purchase Order shall so performance resulting from any cause beyond be sent to the respective addresses on the ami their control, including, but without limitation to face page by certified mail, return receipt c war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by y When VENDOR has knowledge of any actual or personal delivery and will be deemed c potential force majeure or other conditions which effective upon receipt. Postage, delivery and .. will delay or threatens to delay timely other charges shall be paid by the sender. A m performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the '" relevant information with respects to what steps requirements of this section. m^ VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any c goods and/or services to the COUNTY. travel expenses that may be associated with d this Purchase Order in accordance with QE, 15. Assignment Florida Statute Chapter 112.061, Per Diem as VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, < nor any money due or to become due without the employees and authorized persons. a) U prior written consent of the COUNTY. Any e) In the event of any conflict between or c as assignment made without such consent shall be among the terms of any Contract DocumentsN deemed void. related to this Purchase Order, the terms of z the Contract Documents shall take 01 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or w Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate to and use tax on real property, transient rental or overlap the Terms and Conditions of the il property rented, tangible personal purchased or Contract Documents, the provisions of the m rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most E Chapter 212), and from federal excise tax. favorable to the County and/or provide the 0 greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #16-6643—Nuisance Abatement 19 ITB Template_01202016 Packet Pg '530_ 16 A10 a`, Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from 0 consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. E 3. Vendor Performance Evaluation CDCollier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. N 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies E directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities 0 Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. cc, 6. Environmental Health and Safety 4?t7 All Vendors and Sub vendors 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. Vendors and Sub vendors 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. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any division and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. #16-6643—Nuisance Abatement 20 ITB Template_01202016 Packet Pg 531 6A 0a 7. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 8. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the Jo best interest of the County. c 10. Licenses z The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State ti and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the m� entity bidding, as well as the team assigned to the County account, is properly licensed to } perform the activities or work included in the ITB documents. Failure on the part of any a vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections o must complete a Collier County Contractor License registration form and submit the required fee. 5 After registering the license/registration will need to be renewed thereafter to remain "active" in z Collier County. vt co Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt(formerly known as Occupational Licenses)should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property a The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. #16-6643—Nuisance Abatement 21 ITB Template_01202016 Packet Pg._532,: I6.A 14.a 12. 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, the current Collier County Ethics Ordinance 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 contract held by the individual and/or firm for cause. y a) 13. Invoice and Payments CD The County's project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: a) Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. co Time and Materials: the County agrees to pay the contractor for the amount of labor time z 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 mark up). 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 M required). Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's CI purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Division ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a?collierclerk.com. #16-6643—Nuisance Abatement 22 ITB Template_01202016 Packet Pg.533 6A;lO•av; Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers(i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges(credit card transaction fees)as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly d marked as an "Additional Cash Discount." v Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for d that prior month. Services beyond sixty(60)days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or 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 contract. 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. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying ct the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt co Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. CD E 14. Survivability 5 Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-6643 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain #16-6643—Nuisance Abatement 23 ITB Template_01202016 Packet P 534 g. 16 A.10.a`! property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work c performed on behalf of Collier County." a) The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall co name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. r co Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: 0 co Collier County Board of County Commissioners a Naples, Florida ti The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services m Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must E identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All Q self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work N until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. M co The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or #16-6643—Nuisance Abatement 24 ITB Template_01202016 Packet Pg 535 companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division, and drug testing for all d 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. w 16. Maintenance of Traffic Policy CD C.) For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide co and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Division of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Divisions and m are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway&Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic 2 ("MOT") policy will be enforced under this Contract. c) All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. M co et 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the c cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's c representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. Q 18. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. #16-6643—Nuisance Abatement 25 ITB Template_01202016 Packet Pg.536- 16.A Oa_, Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 19. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 20. Equipment m E Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an a hourly rate for each. Hourly rates will commence once equipment arrives at the service site, CD unless otherwise agreed in writing by the Project Manager. arIn the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is z needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. c All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. co CD CD 4.. a, E ns #16-6643—Nuisance Abatement 26 ITB Template_01202016 Packet Pg 537 16A.1 O:a CAM County Administrative Services Department Procurement Services Division Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Division, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): _ 0 Solicitation: 16-6643—Nuisance Abatement ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. y ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) z N ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. CO ❑ Incorrect address used. Please correct mailing address: E as .e ❑ Other reason(s): eF t0 Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: #16-6643—Nuisance Abatement 27 ITB Template_01202016 Packet Pg‘538, 16 A.10.a aer County Administrative services Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: d 1. The Bid has been signed. co 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. E 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. to 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has c been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. Z 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Division 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: co • Solicitation: 16-6643—Nuisance Abatement • Opening Date: 06/23/2016; 3:00PM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date M and time. (Otherwise bid cannot be considered.) co 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and to receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded E U ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #16-6643—Nuisance Abatement 28 ITB Template_01202016 Packet Pg 539 l6.A 10:a; Colter County unty Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center .2 Naples, Florida 34112 d RE: Solicitation: 16-6643—Nuisance Abatement cb d E m Dear Commissioners: ca The undersigned, as Vendor, hereby declares that the specifications have been fully examined and a) the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is a made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in m� accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: as cc NORTH DISTRICT SOUTH DISTRICT(Includes Item# Category (Includes Port of the Immokalee) Isles/Goodland/Copeland) cv N Z 12 Mowing Total M 16 Litter and Debris Total p C Preserve , E Item# Category Abatement(Entirettl County) 21 Preserve Total Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days Bid Response Form is electronic. Please input your prices online. #16-6643—Nuisance Abatement 29 ITB Template_01202016 Packet Pg.540 ,.m ........................ ... 16A'10 a Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15)days after being notified of an award. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip rR Florida Certificate of Authority E Document Number Federal Tax Identification 2 Number ct CCR#or CAGE Code cisN Telephone Number FAX Number (NI ti Signature/Title m Type Name of Signature E Date ,a) co m Additional Contact Information z Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address = E City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6643—Nuisance Abatement 30 ITB Template_01202016 Packet Pg. 541 16 ►14 a, Co ?cr County Admhistralive Services Department. Procurement Seivlces DtVestOn Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 16-6643—Nuisance Abatement(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business El Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable a and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the •• time of submitting their bid or proposal to be eligible for consideration as a "local business"under this co section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this m section. —,rte Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: 2 Number of Employees(Including Owner(s)or Corporate Officers): eC Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. CD co Vendor Name: Date: :.; Address in Collier or Lee County: ami .s Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #16-6643—Nuisance Abatement 31 ITB Template_01202016 Packet Pg. 542 Co ier County 16.A.10.a Administrative Services Department Procurement Services Dmsian Attachment 5:Vendor Submittal—Immigration Affidavit Solicitation: 16-6643—Nuisance Abatement This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of thl vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Compan Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. 2 Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of m the Immigration and Nationality Act("INA"). a) I Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the Q INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. asVendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- z Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the N Division of Homeland Security in partnership with the Social Security Administration at the time of submission of the ti Vendor's/Bidder's proposal. Company Name a) Print Name Title m .r Signature Date Q ea State of 5 Z County of M The foregoing instrument was signed and acknowledged before me this day of ,20_,by co ca who has produced as identification. (Print or Type Name) (Type of Identification and Number) a> E Notary Public Signatureris Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6643—Nuisance Abatement 32 ITB Template_01202016 Packet Pg. 543 16A10 a Co rre r County Administrative Services Department Procurement Services Division Attachment 6: Vendor Substitute W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) v) Business Name c (if different from taxpayer name) °) Address City m R State Zip m Telephone FAX Email c co Order Information Remit/Payment Information Address Address m r- City State Zip City State Zip FAX FAX H Email Email aGi m .r ca 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership co Tax Exempt(Federal income tax-exempt entity Limited Liability Company y under Internal Revenue Service guidelines IRC Z 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) co co 3. Taxpayer Identification Number(for tax reporting purposes only) 1° Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16-6643-Nuisance Abatement 33 ITB Template_01202016 Packet Pg 544 ; 16.A.10.a C:o ier Comity Administrative Services Department Procurement Services Deism Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance;/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements rn 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and m Operations; Independent Contractors; Products and Completed Operations ca and Contractual Liability. a> c.) 4. ® Indemnification To the maximum extent permitted by Florida law, theru Contractor/Vendor/Consultant shall 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 N paralegals'fees,to the extent caused by the negligence, recklessness, or ti intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance co of this Agreement. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: o ❑ United States Longshoreman's and Harborworker's Act coverage shall be ra maintained where applicable to the completion of the work. •- $ Per Occurrence z ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to m the completion of the work. ., $ Per Occurrence r ❑Aircraft Liability coverage shall be carried in limits of not less than ca $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ;g $ Per Occurrence ❑ Pollution $ 1.!%' 7 PER Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence #16-6643—Nuisance Abatement 34 ITB Template_01202016 Packet Pg.545 16A'1D a'q' n • ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to °' co general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, m published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. m m 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to g meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance z provisions. co 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial ti General Liability where required. hn 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County c Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all . work performed on behalf of Collier County. $ 11. ® Thirty(30) Days Cancellation Notice required. ca RLC 5/26/2016 Vendor's Insurance Statement too m co We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date ca Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #16-6643—Nuisance Abatement 35 ITB Template_01202016 Packet Pd.546 (saa!naag;ueuaa;eqv eauesinN : Z9L4) 811;uatua;eqd eouesinN-£v99-96 .;uawgoe;;y o<, U Q v a) Co a) a > 4••:, 4 •C C w m •u ®C (2 O YC v _ CS as OS a) O' C d'. C vi O O n3 ,,1 ... U O C i lii 4,III v VI 0 u o E 3 .. C R C 7 0 >` U .- O v _a u _a 'c U 4.) R CO COD 0. Ln Y 'a t J t a c. z o it) a, I— o t `O c «, t▪o uO( °a E L L a to c m c J c • u> OV `�- a+ a) (5 L N a) a) 'O U o )0 ` a. 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WITNESSETH: 1. COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the d; of Board award and terminating two (2) years from that date, or until such time as all outstand .cp Purchase Orders issued prior to the expiration of the Agreement period have been completed a terminated. The Work will commence upon the issuance of a Purchase Order. The County may, at its discretion and with the consent of the Contractor, renew the Agreern under all the terms and conditions contained in this Agreement for two (2) additional, one (1) yE z renewals, renewable annually. The County shall give the Contractor written notice of the Count al intention to renew the Agreement term prior to the end of the Agreement term then in effect. 0 The County Manager, or his designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred eighty (180) da The County Manager, or his designee, shall give the Contractor written notice of the Count E intention to extend the Agreement term prior to the end of the Agreement term then in effect. . 2. STATEMENT OF WORK. The Board of County Commissioners deemed two (2) firms to qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreemeni provide their awarded portion of the services on an as-needed basis as may be required by Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6643, Exhibi z "Scope of Work," and the Contractor's proposal, which is incorporated by reference and made integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that E Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligat of the procedure to obtain Work and all Work undertaken by Contractor for the Count pursuarT this Agreement during the term and any extension of the term of this Agreement. Although primary user of this Agreement is the Code Enforcement Division, any County Division may t. this Agreement provided sufficient funds are included in its budget(s). 2.2 The Contractor is the primary for the Preserve Mowing. The procedure for obtain -' Work under this Agreement is as follows: Page 1 of 13 Packet Pg.551 #16-6643 ` Eco-Mulchinq Services, Inc. 16 A1%c Prior to the issuance of a Purchase Order, the Project Manager, or designee shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit formal quotation for the Work. Once the County has accepted the Contractor's quote a purcha order will be provided and Work can commence within seven (7) business days; unle specifically directed by the Project Manager, or designee. Should the Contractor be unable accept the Work the Project Manager, or designee, reserves the right to use another Contract for the services. 2.3 This Agreement contains the entire understanding between the parties and a modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and t County Project Manager or designee, in compliance with the County's Procurement Ordinance, amended, and Procedures in effect at the time such services are authorized. 3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the We awarded to them in accordance with the fee schedule in Exhibit B, attached hereto, and as furtl- defined in Section 3.1. Price Methodology. 3.1 Price Methodology: a Time and Materials: the County agrees to pay the Contractor for the amount of labor time spE by the Contractor's employees and subcontractors to perform the work (number of hours tim !� hourly rate), and for materials and equipment used in the project (cost of materials plus t z contractor's mark up). This methodology is generally used in projects in which it is not possible a accurately estimate the size of the project, or when it is expected that the project requiremel would most likely change. As a general business practice, these contracts include back- o documentation of costs; invoices would include number of hours worked and billing rate w position (and not company (or subcontractor) timekeeping or payroll records), material equipment invoices, and other reimbursable documentation for the project. Eco-Mulching Services, Inc. a 8102nd ST NE 0, Naples, FL 34120 Phone: 239-825-4321; Fax: 239-825-4321 Attn: Christina M. Parker, Vice President All notices required or made pursuant to this Agreement to be given by the Contractor to County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United Sta F Postal Service Department, first class mail service, postage prepaid, addressed to the follow Q County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 Page 2of13 #16-6643 . Packet Pg 552 Eco-Mulching Services, Inc. 16A1O.c The Contractor and the County may change the above mailing address at any time upon givi^^ the other party written notification. All notices under this Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating partnership between the County and the Contractor or to constitute the Contractor as an agent the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all perry necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for such permits issued by the County shall be processed internally by the County. Contractor is r responsible for paying for permits issued by Collier County, but is responsible for acquiring permits. Owner may require the Contractor to deliver internal budget transfer documents Tp- applicable Collier county agencies when the Contractor is acquiring permits. I- L 4) All permits, fees and licenses necessary for the prosecution of the Work which are not issued Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to 5 for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use a other similar taxes associated with the Work or portions thereof, which are applicable during 1 a performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in E manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for E z purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulatii or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In event of such violation by the Contractor or if the County or its authorized representative st deem any conduct on the part of the Contractor to be objectionable or improper, the County st have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct E such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) ho after receiving notice of such violation, conduct, or practice, such suspension to continue until . g violation is cured. The Contractor further agrees not to commence operation during 2 suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failec y perform the Work in a manner satisfactory to the County and requirements of this Agreement, z County may terminate said Agreement for cause; further the County may terminate 1 Agreement for convenience with a thirty (30) day written notice. The County shall be sole judg€ non-performance. With respect to a particular Project, termination shall be governed by the ter f of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to ra sex, color, creed or national origin. 10.INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liabi This shall include Premises and Operations; Independent contractors; Products Completed Operations and Contractual Liability. Page 3of13 #16-6643 Packet Pg. 553 Eco-Mulching Services, Inc. 16 A.i O c`: B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 F Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabili ^ This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Nc Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits compliance with the applicable state and federal laws. The coverage must include Employe Liability with a minimum limit of$500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as t Certificate Holder and included as an Additional Insured on the Comprehensive Gene 7,1 Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintain by Contractor during the duration of this Agreement. Renewal certificates shall be sent to 1 County ten (10) days prior to any expiration date. There shall be a thirty (30) day notificati c to the County in the event of cancellation or modification of any stipulated insurar a coverage. 0 Contractor shall insure that all subcontractors comply with the same insurance requireme that Contractor is required to meet. The same Contractor shall provide County v z certificates of insurance meeting the required insurance provisions. ti 11.INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor sl indemnify and hold harmless Collier County, its officers and employees from any and all liabiliti damages, losses and costs, including, but not limited to, reasonable attorneys' fees e paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wronc conduct of the Contractor or anyone employed or utilized by the Contractor in the performance this Agreement. This indemnification obligation shall not be construed to negate, abridge 2 reduce any other rights or remedies which otherwise may be available to an indemnified party d person described in this paragraph. This section does not pertain to any incident arising from sole negligence of Collier County. z 11.1 The duty to defend under this Article 11 is independent and separate from the duty indemnify, and the duty to defend exists regardless of any ultimate liability of the Contrac County and any indemnified party. The duty to defend arises immediately upon presentation c claim by any party and written notice of such claim being provided to Contractor. Contract( a obligation to indemnify and defend under this Article 11 will survive the expiration or ear termination of this Agreement until it is determined by final judgment that an action against County or an indemnified party for the matter indemnified hereunder is fully and finally barred the applicable statute of limitations. 12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions they( because of defective or incomplete work, subsequently discovered evidence or subsequ inspections. The Owner may nullify the whole or any part of any approval for payment previol issued and Owner may withhold any payments otherwise due Contractor under this Agreemen any other agreement between Owner and Contractor, to such extent as may be necessary in Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party Page 4 of 13Packet P 554 #16 6643 9 Eco-Mulching Services, Inc. }16A1O.c claims failed or reasonable evidence indicating probable fling of such claims; (c) failure ^f Contractor to make payment properly to subcontractors or for labor, materials or equipment; /." *.‘ reasonable doubt that the Work can be completed for the unpaid balance of the AgreemE Amount; (e) reasonable indication that the Work will not be completed within the Agreement Tirr (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) da written notice, rectify the same at Contractor's expense. Owner also may offset against any sur due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Own, whether relating to or arising out of this Agreement or any other agreement between Contrac and Owner. 13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specificatio shall be approved in writing by Owner in advance. c 14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of t Work to increase or decrease the Work. Promptly after being notified of a change, Contrac 2 shall submit an itemized estimate of any cost or time increases or savings it foresees as a result the change. Except in an emergency endangering life or property, or as expressly set fo herein, no addition or changes to the Work shall be made except upon modification of Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increas compensation without such modification. No officer, employee or agent of Owner is authorized direct any extra or changed work orally. Any modifications to this Contract shall be in compliar with the County's Procurement Ordinance, as amended and Procurement Procedures in effect o the time such modifications are authorized. LU 15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to t Agreement in accordance with the Procurement Ordinance, as amended, and Procureml Procedures. a d 16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with 2 federal, state and local laws, codes, statutes, ordinances, rules, regulations and requireme applicable to the Project, including but not limited to those dealing with taxation, workE z compensation, equal employment and safety (including, but not limited to, the Trench Safety P Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, includ specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION ( CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY - PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TI CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 Page 5 of 13 #16-6843 - Packet Pg.555. Eco-Mulching Services, Inc. 16.A`1O c The Contractor must specifically comply with the Florida Public Records Law: 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 pub agency with a copy of the requested records or allow the records to be inspected copied within a reasonable time at a cost that does not exceed the cost provided in tt chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from pub records disclosure requirements are not disclosed except as authorized by law for t duration of the contract term and following completion of the contract if the Contraci does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all pub 7, records in possession of the Contractor or keep and maintain public records required 8 the public agency to perform the service. If the Contractor transfers all public records the public agency upon completion of the contract, the Contractor shall destroy a Cn duplicate public records that are exempt or confidential and exempt from public recor disclosure requirements. If the Contractor keeps and maintains public records up completion of the contract, the Contractor shall meet all applicable requirements 2 retaining public records. All records stored electronically must be provided to the put agency, upon request from the public agency's custodian of public records, in a forn 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 proms c,; notify the County in writing. Failure by the Contractor to comply with the laws referenced here ►° shall constitute a breach of this Agreement and the County shall have the discretion o�"` unilaterally terminate this Agreement immediately. w 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubb and waste materials arising out of the Work. At the completion of the Work, Contractor st g remove all debris, rubbish and waste materials from and about the Project site, as well as $ tools, appliances, construction equipment and machinery and surplus materials, and st leave the Project site clean and ready for occupancy by Owner. qs 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without ' z prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement c any part thereof, it shall require that its assignee be bound to it and to assume tow; E Contractor all of the obligations and responsibilities that Contractor has assumed tow Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or County's Board approved Executive Summary, the Contract Documents shall t precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipm covered by this Agreement will conform to the requirements as specified, and will be satisfactory material and quality production, free from defects, and sufficient for the pimp( intended. Goods shall be delivered free from any security interest or other lien, encumbrai or claim of any third party. Any services provided under this Agreement shall be provides, Page 6 of 13 #16 6643 Packet Pg 556 Eco- uicnrng services, nrc. 16A49'.-,P accordance with generally accepted professional standards for the particular service. Theca warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to Owner that all materials and equipment furnished under tl Contract Documents shall be applied, installed, connected, erected, used, cleaned al conditioned in accordance with the instructions of the applicable manufacturers, fabricator 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 conformance with the Contract Documents, Contractor shall correct it promptly after receipt written notice from Owner. Contractor shall also be responsible for and pay for replacement repair of adjacent materials or Work which may be damaged as a result of such replacemE or repair. These warranties are in addition to those implied warranties to which Owner 0 entitled as a matter of law. Cl) 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. T a Contractor shall employ people to work on County projects who are neat, clean, well-groom and courteous. Subject to the American with Disabilities Act, Contractor shall sup $ competent employees who are physically capable of performing their employment duties. T d County may require the Contractor to remove an employee it deems careless, incompete insubordinate or otherwise objectionable and whose continued employment on Collier Cour projects is not in the best interest of the County. z �2. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rul or regulations of any public authority having jurisdiction over the Project requires any portion c the Work to be specifically inspected, tested or approved, Contractor shall assume responsibility therefore, pay all costs in connection therewith and furnish to the Owner i required certificates of inspection, testing or approval. All inspections, tests or approvals sf• 5 be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cosi 2 any such loss or damage until final payment has been made. If Contractor or anyc z for whom Contractor is legally liable is responsible for any loss or damage to the We or other work or materials of Owner or Owner's separate contractors, Contractor st be charged with the same, and any monies necessary to replace such loss or dame shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in manner that will endanger the structure, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respeci the Project. If Contractor, or its subcontractors, agents or anyone, for wh �-� Contractor is legally liable, disturbs the Owner's benchmarks, Contractor sI immediately notify Owner. The Owner shall re-establish the benchmarks Contractor shall be liable for all costs incurred by Owner associated therewith. Page 7 of 13 #16 6643 Packet Pg557 =' Eco-Mulching Services, inc. 16.A10 c' 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of person. or the Work or property at the Project site or adjacent thereto, Contractor, without spec instruction or authorization from Owner is obligated to act to prevent threatened damage, inju or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after tl occurrence of the emergency, if Contractor believes that any significant changes in the Wc or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of tl action taken in response to an emergency, a written Order shall be issued to document tl consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contraci N shall be deemed to have waived any right it otherwise may have had to seek an adjustment 8 the Agreement Amount or an extension to the Agreement Time. cn w 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of t E County by the Code Enforcement Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached referenced component parts, all of which are as fully a part of the Agreement as if herein out verbatim, including: Contractor's Proposal, Insurance Certificate(s), Contractor's Propos y Insurance Certificate(s), ITB #16-6643 any addenda, Exhibit A — Scope of Services, a z Exhibit B — Price Schedule, made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual sl- -7 offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of val to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier Coui Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 53 E Violation of this provision may result in one or more of the following consequences: Prohibition by the individual, firm, and/or any employee of the firm from contact with Cou $ staff for a specified period of time; b. Prohibition by the individual and/or firm from do 4 business with the County for a specified period of time, including but not limited to: submitt bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by I 2 individual and/or firm for cause. 28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between E parties herein that this Agreement is subject to appropriation by the Board of Cou Commissioners. a 29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associa with the Work or portions thereof, which are applicable during the performance of the Wc No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, Contractor is formally acknowledging without exception or stipulation that it is fully responsi for complying with the provisions of the Immigration Reform and Control Act of 1986 as loca at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Fail by the Contractor to comply with the laws referenced herein shall constitute a breach of I Page 8 of 13 #16-6643 Pg.V 558 #16-6643 �` Eco-Mulching Services, fnc. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authoriz,-1 , erson or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (Seal) 7i) a) c.) Eco-Mulching Services, Inc. Contractor By: a) (.) First Witness Signature 5 Type/Print Witness Name Typed Signature CNA CD 8 Second Witness Title Type/Print Witness Name crs c.) Approved as to Form and Legality: E Assistant County Attorney Page 11 of 13 top„, #16-6643 Packet Pg. 561 ‘\, Eco-Mulching Services, Inc. !6A.1©.c Exhibit A— Scope of Work Contractor shall provide the following services which include, but are not limited to: mowing, bush-hogging a litter/debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. These specifications intended to provide the information by which the Contractor may understand the minimum requirements Collier County relative to this Agreement. It is the responsibility of the Contractor to adhere to these laws a regulations. Location of Work Areas: (sizes vary from < 1/8 acre to over 2 acres) • Preserve areas of Collier County The quantity and location of the service areas listed above are not guaranteed as the number of possil 23 violations cannot be predicted. The County reserves the right to order services as required during said ter •E but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and cn owner exemptions, the County will not guarantee any number of lots for the term of this Agreement. E On occasion, Collier County requires mechanical nuisance abatement within environmentally sensit preserve areas. Specifications for the Contractor providing vegetation clearing in Collier County Preset a Areas: c • Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (avoid aggressive turns, use equipment only where Z specified, etc.). • Experience working in preserve areas where listed species occur. ti • Knowledge of natural areas. =^ • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. E • Experience de-contaminating invasive, exotic spores, seeds, grasses from machinery. • Experience keeping proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. V a Category 3 — Preserve Abatement Mechanical nuisance abatement in these instances will include, but not be limited to: mowing large stands of invasive, exotic species; mowing firebreaks and/or trails; and reducing understory prior to prescribed burns. c� �a Page 12 of 13 #16-6643 i Packet Pg.562 ' . Eco-Mulching Services, Inc. 16.A1 9:c Exhibit B — Price Schedule Hourly Rates for Item Category Description: Preserve Abatement (Entire County) 17 Preserve Service Truck $20.00 18 Preserve Rubber Track Loader $50.00 19 Preserve Gyro-Trac Cutter Head $30.00 20 Preserve Chain Saw Operator with Saw $20.00 d U .; L C C C C) E C) id as .Q C C) N Z N C0 ti 0 0 W C a E d d v C to N .5 Z C d E v Page 13 of 13 #16-6643 Packet Pg`!563 Eco-Mulching Services, Inc. 16 A.1O.d AGREEMENT16-6643 for Nuisance Abatement THIS AGREEMENT is made and entered into this day of , 2016, by and betwe( the Board of County Commissioners for Collier County, Florida, a political subdivision of the State Florida (hereinafter referred to as the "County" or "Owner") and Neals Lawn & Landscaping, Ing authorized to do business in the State of Florida, whose business address is 146 Brooks Rd, Nor Fort Myers, FL 33917 (hereinafter referred to as the "Contractor"). WITNESSETH: cn 1. COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing on the da = of Board award and terminating two (2) years from that date, or until such time as all outstandir Purchase Orders issued prior to the expiration of the Agreement period have been completed terminated. The Work will commence upon the issuance of a Purchase Order. -� The County may, at its discretion and with the consent of the Contractor, renew the Agreeme under all the terms and conditions contained in this Agreement for two (2) additional, one (1) ye 's renewals, renewable annually. The County shall give the Contractor written notice of the County Z intention to renew the Agreement term prior to the end of the Agreement term then in effect. CD The County Manager, or his designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred eighty (180) day z The County Manager, or his designee, shall give the Contractor written notice of the County intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed two (2) firms to k qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement a provide their awarded portion of the services on an as-needed basis as may be required by tk Owner in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6643, Exhibit N "Scope of Work," and the Contractor's proposal, which is incorporated by reference and made Z integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that ar Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligati( 4 of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to th a Agreement during the term and any extension of the term of this Agreement. Although the prima user of this Agreement is the Code Enforcement Division, any County Division may use th Agreement provided sufficient funds are included in its budget(s). Page 1 of 17 #16-6643 Nuisance Abatement Neals Lawn & Landscauina Inc Packet Pg. 564 I6 A.i O d 2.2 The Contractor is the primary on Mowing and Litter and Debris Removal as listed below: Category District Mowing North Mowing South Litter and Debris Removal North Litter and Debris Removal South The procedure for obtaining Work under this Agreement is as follows: Prior to the issuance of a Purchase Order, all Work will be sent to the Contractor weekly 1 I Tuesdays and Thursday. For Work sent on Tuesday, the Contractor must respond that th, •L accept the work by end of business on Wednesday, For Work sent on Thursday, the Contract n must respond that they accept the Work by end of business on Friday. Should the Contractor I c unable to accept the Work the Project Manager, or designee, reserves the right to use anoth Contractor for the services. 2.3 This Agreement contains the entire understanding between the parties and a modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and tl County Project Manager or designee, in compliance with the County's Procurement Ordinance, . Z amended, and Procedures in effect at the time such services are authorized. co THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the We awarded to them in accordance with the fee schedule in Exhibit B, attached hereto, and as furth defined in Section 3.1. Price Methodology. 3.1 Price Methodology: E. E Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including lab( 2 materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installatii Q price per ton, delivery price per package or carton, etc.). The invoice must identify the unit pri and the number of units received (no contractor inventory or cost verification required). Time and Materials: the County agrees to pay the Contractor for the amount of labor time spe by the Contractor's employees and subcontractors to perform the work (number of hours tim+ hourly rate), and for materials and equipment used in the project (cost of materials plus tI contractor's mark up). This methodology is generally used in projects in which it is not possible accurately estimate the size of the project, or when it is expected that the project requiremer a would most likely change. As a general business practice, these contracts include back-i documentation of costs; invoices would include number of hours worked and billing rate position (and not company (or subcontractor) timekeeping or payroll records), material equipment invoices, and other reimbursable documentation for the project. Page 2 of 17 #16-6643 Nuisance Abatement. NeaIs Lawn & Landscaping, c. Packet Pg. 565 16A 10 d. 3. NOTICES. All notices required or made pursuant to this Agreement to be given by the County the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by tl United States Postal Service Department, first class mail service, postage prepaid, addressed the following Contractor's address of record: Neals Lawn & Landscaping, Inc. 146 Brooks Rd North Fort Myers, FL 33917 Phone: 239-240-4300; Fax: 239-240-4300 Attn: Tracy Neal, Owner All notices required or made pursuant to this Agreement to be given by the Contractor to tl County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United Stat cg Postal Service Department, first class mail service, postage prepaid, addressed to the followii N County's address of record: CD Collier County Government Complex co Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division co Phone: 239-252-8407 Fax: 239-252-6480 ti • The Contractor and the County may change the above mailing address at any time upon givi the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating partnership between the County and the Contractor or to constitute the Contractor as an agent the County. I 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all perm necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for such permits issued by the County shall be processed internally by the County. Contractor is r responsible for paying for permits issued by Collier County, but is responsible for acquiring L permits. Owner may require the Contractor to deliver internal budget transfer documents E applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued a Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to p for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use a other similar taxes associated with the Work or portions thereof, which are applicable during t performance of the Work. Page 3 of 17 #16-6643 Nuisance AbatemtliL Neals Lawn & Landscaping, Inc. Packet Pg. 566 .;, 16 A.1O.d 7. 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 ar purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulatio or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In tr event of such violation by the Contractor or if the County or its authorized representative shy deem any conduct on the part of the Contractor to be objectionable or improper, the County shr have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct ar such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hou after receiving notice of such violation, conduct, or practice, such suspension to continue until tl violation is cured. The Contractor further agrees not to commence operation during tlt suspension period until the violation has been corrected to the satisfaction of the County. N 4Y 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed perform the Work in a manner satisfactory to the County and requirements of this Agreement, ti County may terminate said Agreement for cause; further the County may terminate tY r Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge non-performance. With respect to a particular Project, termination shall be governed by the terr 2 of the Purchase Order. d v 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to rat sex, color, creed or national origin. Z t0 10.INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 F 1 Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liabili ? This shall include Premises and Operations; Independent contractors; Products a . Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 F Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabili This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Nc Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits compliance with the applicable state and federal laws. The coverage must include Employe Liability with a minimum limit of$500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as I Certificate Holder and included as an Additional Insured on the Comprehensive GenE Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintair by Contractor during the duration of this Agreement. Renewal certificates shall be sent to County ten (10) days prior to any expiration date. There shall be a thirty (30) day notificat Page 4 of 17 #16-6643 Nuisance Abaterr,..,,, Neals Lawn & Landscaping, Inc. Packet Pg. 567 } 416A1O.d to the County in the event of cancellation or modification of any stipulated insuranc' coverage. Contractor shall insure that all subcontractors comply with the same insurance requiremer that Contractor is required to meet. The same Contractor shall provide County wi certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor sh indemnify and hold harmless Collier County, its officers and employees from any and all liabilitiE damages, losses and costs, including, but not limited to, reasonable attorneys' fees a paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrong conduct of the Contractor or anyone employed or utilized by the Contractor in the performance d this Agreement. This indemnification obligation shall not be construed to negate, abridge reduce any other rights or remedies which otherwise may be available to an indemnified party N person described in this paragraph. This section does not pertain to any incident arising from t sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty a indemnify, and the duty to defend exists regardless of any ultimate liability of the Contract 8 County and any indemnified party. The duty to defend arises immediately upon presentation o claim by any party and written notice of such claim being provided to Contractor. Contracto obligation to indemnify and defend under this Article 11 will survive the expiration or earl z termination of this Agreement until it is determined by final judgment that an action against t County or an indemnified party for the matter indemnified hereunder is fully and finally barred the applicable statute of limitations. CD 12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions there Z because of defective or incomplete work, subsequently discovered evidence or subsequf 6' inspections. The Owner may nullify the whole or any part of any approval for payment previou issued and Owner may withhold any payments otherwise due Contractor under this Agreement any other agreement between Owner and Contractor, to such extent as may be necessary in i < Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third pa claims failed or reasonable evidence indicating probable fling of such claims; (c) failure Contractor to make payment properly to subcontractors or for labor, materials or equipment; reasonable doubt that the Work can be completed for the unpaid balance of the Agreemi Amount; (e) reasonable indication that the Work will not be completed within the Agreement Tin g (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) dE written notice, rectify the same at Contractor's expense. Owner also may offset against any su due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Own whether relating to or arising out of this Agreement or any other agreement between Contrac and Owner. 13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specificatic shall be approved in writing by Owner in advance. Page 5 of 17 #16-6643 Nuisance Abaterr,„,., Nears Lawn & Landscaping, Inc. Packet Pg. 568 16.A.10.d 14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of ft Work to increase or decrease the Work. Promptly after being notified of a change, Contract, shall submit an itemized estimate of any cost or time increases or savings it foresees as a result the change. Except in an emergency endangering life or property, or as expressly set for herein, no addition or changes to the Work shall be made except upon modification of tt Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increasE compensation without such modification. No officer, employee or agent of Owner is authorized direct any extra or changed work orally. Any modifications to this Contract shall be in compliani with the County's Procurement Ordinance, as amended and Procurement Procedures in effect the time such modifications are authorized. 15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to tt Agreement in accordance with the Procurement Ordinance, as amended, and Procureme cn Procedures. 16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with federal, state and local laws, codes, statutes, ordinances, rules, regulations and requiremer flc applicable to the Project, including but not limited to those dealing with taxation, worke compensation, equal employment and safety (including, but not limited to, the Trench Safety A g Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, includi • specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION C ,61) CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY 1 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TF. CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division ro 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 0 The Contractor must specifically comply with the Florida Public Records Law: 4E; 1. Keep and maintain public records required by the public agency to perform the servic( 2. Upon request from the public agency's custodian of public records, provide the put g agency with a copy of the requested records or allow the records to be inspected zi copied within a reasonable time at a cost that does not exceed the cost provided in t chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from put records disclosure requirements are not disclosed except as authorized by law for duration of the contract term and following completion of the contract if the Contrac does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all pul records in possession of the Contractor or keep and maintain public records required Page 6 of 17 #16-6643 Nuisance Abaten,-- NeaIs Lawn & Landscaping, Inc. Packet Pg 569 I,6 A.iO.d- the public agency to perform the service. If the Contractor transfers all public records +„ the public agency upon completion of the contract, the Contractor shall destroy a duplicate public records that are exempt or confidential and exempt from public recor """- disclosure disclosure requirements. If the Contractor keeps and maintains public records up, completion of the contract, the Contractor shall meet all applicable requirements 1 retaining public records. All records stored electronically must be provided to the pub agency, upon request from the public agency's custodian of public records, in a forrr 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 promp notify the County in writing. Failure by the Contractor to comply with the laws referenced her( shall constitute a breach of this Agreement and the County shall have the discretion unilaterally terminate this Agreement immediately. CD 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbi and waste materials arising out of the Work. At the completion of the Work, Contractor sh remove all debris, rubbish and waste materials from and about the Project site, as well as rc tools, appliances, construction equipment and machinery and surplus materials, and sh leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without t prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement any part thereof, it shall require that its assignee be bound to it and to assume tows Contractor all of the obligations and responsibilities that Contractor has assumed tows Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of a of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/ort a, County's Board approved Executive Summary, this Agreement shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipm( a covered by this Agreement will conform to the requirements as specified, and will be satisfactory material and quality production, free from defects, and sufficient for the purpc intended. Goods shall be delivered free from any security interest or other lien, encumbrar or claim of any third party. Any services provided under this Agreement shall be provided c accordance with generally accepted professional standards for the particular service. The warranties shall survive inspection, acceptance, passage of title and payment by the County, 5 Contractor further warrants to Owner that all materials and equipment furnished under t a Contract Documents shall be applied, installed, connected, erected, used, cleaned a conditioned in accordance with the instructions of the applicable manufacturers, fabricate 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 conformance with the Contract Documents, Contractor shall correct it promptly after receipt written notice from Owner. Contractor shall also be responsible for and pay for replacement repair of adjacent materials or Work which may be damaged as a result of such replacem, Page 7 of 17 #16-6643 Nuisance Abatemem Neals Lawn & Landscaping, Inc. Packet Pg.'570 , 16.A.1CI.d or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. ,--...., ,.. i. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. Th, Contractor shall employ people to work on County projects who are neat, clean, well-groome, and courteous. Subject to the American with Disabilities Act, Contractor shall suppl competent employees who are physically capable of performing their employment duties. Th County may require the Contractor to remove an employee it deems careless, incompeten insubordinate or otherwise objectionable and whose continued employment on Collier Count projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rule -;-) or regulations of any public authority having jurisdiction over the Project requires any portion ( 13. the Work to be specifically inspected, tested or approved, Contractor shall assume fi. responsibility therefore, pay all costs in connection therewith and furnish to the Owner th u), required certificates of inspection, testing or approval. All inspections, tests or approvals shE Fu E be performed in a manner and by organizations acceptable to the Owner. 2. co St 23. PROTECTION OF WORK. 0 i c.) c co A. Contractor shall fully protect the Work from loss or damage and shall bear the cost s any such loss or damage until final payment has been made. If Contractor or anyor z for whom Contractor is legally liable is responsible for any loss or damage to the Wor or other work or materials of Owner or Owner's separate contractors, Contractor sh I...Ns be charged with the same, and any monies necessary to replace such loss or dama ---; shall be deducted from any amounts due Contractor. 473 0 z B. Contractor shall not load nor permit any part of any structure to be loaded in ai 4E. manner that will endanger the structure, nor shall Contractor subject any part of ti g Work or adjacent property to stresses or pressures that will endanger it. 1.0, tz .C2 < C. Contractor shall not disturb any benchmark established by the Owner with respect 8 the Project. If Contractor, or its subcontractors, agents or anyone, for whc % Contractor is legally liable, disturbs the Owner's benchmarks, Contractor sh I immediately notify Owner. The Owner shall re-establish the benchmarks a z Contractor shall be liable for all costs incurred by Owner associated therewith. E 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of perso or the Work or property at the Project site or adjacent thereto, Contractor, without spec instruction or authorization from Owner is obligated to act to prevent threatened damage, inji or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after t occurrence of the emergency, if Contractor believes that any significant changes in the Wc or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of t ,---, action taken in response to an emergency, a written Order shall be issued to document t consequences of the changes or variations. Page 8 of 17 #16-6643 Nuisance Abatem Neals Lawn & Landscaping, mc, Packet Pg. 571, 6.A.1 O.d If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contract shall be deemed to have waived any right it otherwise may have had to seek an adjustment the Agreement Amount or an extension to the Agreement Time. 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of tl County by the Code Enforcement Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached referenced component parts, all of which are as fully a part of the Agreement as if herein s out verbatim, including: Contractor's Proposal, Insurance Certificate(s), Contractor's Propos; Insurance Certificate(s), ITB #16-6643 any addenda, Exhibit A — Scope of Services, ai Exhibit B — Price Schedule, made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual sh c offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of val to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier Cour Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 531 a Violation of this provision may result in one or more of the following consequences: Prohibition by the individual, firm, and/or any employee of the firm from contact with Cour staff for a specified period of time; b. Prohibition by the individual and/or firm from doi business with the County for a specified period of time, including but not limited to: submit bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by t individual and/or firm for cause. 28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between t CC tD5 parties herein that this Agreement is subject to appropriation by the Board of Cow z Commissioners. E as 29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associat with the Work or portions thereof, which are applicable during the performance of the Wo < No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, t Contractor is formally acknowledging without exception or stipulation that it is fully responsil for complying with the provisions of the Immigration Reform and Control Act of 1986 as local 5 at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Fails s by the Contractor to comply with the laws referenced herein shall constitute a breach of t Agreement and the County shall have the discretion to unilaterally terminate this Agreemt a immediately. 31. VENUE. Any suit or action brought by either party to this Agreement against the other pa relating to or arising out of this Agreement must be brought in the appropriate federal or st; courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all st. matters. Page 9 of 17 #16-6643 Nuisance Abatern t,i Neals Lawn & Landscaping, Inc. Packet Pg.572:„ 16.A.10.d 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourage' and agrees to the successful proposer extending the pricing, terms and conditions of th solicitation or resultant Agreement to other governmental entities at the discretion of tt successful proposer. 33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, otherwise unenforceable, in whole or in part, the remaining portion of this Agreement sh; remain in effect. 34. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, amended. Background checks are valid for five (5) years and the Contractor shall I responsible for all associated costs. If required, Contractor shall be responsible for the costs a providing background checks by the Collier County Facilities Management Division for employees that shall provide services to the County under this Agreement. This may includ but not be limited to, checking federal, state and local law enforcement records, including = state and FBI fingerprint check, credit reports, education, residence and employmE verifications and other related records. Contractor shall be required to maintain records each employee and make them available to the County for at least four (4) years. CD C.) All of Contractor's employees and subcontractors must wear Collier County GovernmE Identification badges at all times while performing services on County facilities and propertiE Contractor ID badges are valid for one (1) year from the date of issuance and can be renew each year at no cost to the Contractor during the time period in which their background the is valid, as discussed below. All technicians shall have on their shirts the name of t "— ' contractor s business. to The Contractor shall immediately notify the Collier County Facilities Management Division , ? e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Cour a separates from their employment. This notification is critical to ensure the continued security Collier County facilities and systems. Failure to notify within four (4) hours of separation m 2 result in a deduction of $500 per incident. a) C.) 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by tl Agreement to resolve disputes between the parties, the parties shall make a good faith effort resolve any such disputes by negotiation. The negotiation shall be attended representatives of Contractor with full decision-making authority and by County's staff pers who would make the presentation of any settlement reached during negotiations to County approval. Failing resolution, and prior to the commencement of depositions in any litigati r between the parties arising out of this Agreement, the parties shall attempt to resolve I < dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the St of Florida. The mediation shall be attended by representatives of Contractor with full decisic making authority and by County's staff person who would make the presentation of settlement reached at mediation to County's board for approval. Should either party fail submit to mediation as required hereunder, the other party may obtain a court order requir mediation under section 44.102, Fla. Stat. Page 10 of 17 #16-6643 Nuisance Abater., Neals Lawn & Landscaping, Inc. Packet Pg:.573- .16.A.1 O.d" 36. SAFETY. All contractors and subcontractors performing service for Collier County arc required and shall comply with all Occupational Safety and Health Administration (OSH) State and County Safety and Occupational Health Standards and any other applicable rul and regulations. Also all Contractors and subcontractors shall be responsible for the safety their employees and any unsafe acts or conditions that may cause injury or damage to a persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administrati (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose inspection of any Contractor's work operations. This provision is non-negotiable by a department/division and/or Contractor. All applicable OSHA inspection criteria apply as well all Contractor rights, with one exception. Contractors do not have the right to refuse to alk a OSHA onto a project that is being performed on Collier County Property. Collier County, as t owner of the property where the project is taking place shall be the only entity allowed ? refuse access to the project. However, this decision shall only be made by Collier Count Risk Management Division Safety Manager and/or Safety Engineer. Remainder of page intentionally left blank N 5 z N CO V iC a) z d E a, ns a> tt a N z c m E Page 11 of 17 #16-6643 Nuisance Abatemm1t1 Neals Lawn & Landscaping, Inc. Packet Pg. 574 1,6.4,40„c s A.. Oc Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. VENUE. Any suit or action brought by either party to this Agreement against the other pa relating to or arising out of this Agreement must be brought in the appropriate federal or sth courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all su matters. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourag and agrees to the successful proposer extending the pricing, terms and conditions of ti solicitation or resultant Agreement to other governmental entities at the discretion of t successful proposer. 33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, otherwise unenforceable, in whole or in part, the remaining portion of this Agreement sh r remain in effect. E a', 34. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, $ amended. Background checks are valid for five (5) years and the Contractor shall 0 responsible for all associated costs. If required, Contractor shall be responsible for the costs 2 providing background checks by the Collier County Facilities Management Division for N employees that shall provide services to the County under this Agreement. This may incluc but not be limited to, checking federal, state and local law enforcement records, includinc state and FBI fingerprint check, credit reports, education, residence and employm verifications and other related records. Contractor shall be required to maintain records c each employee and make them available to the County for at least four (4) years. w All of Contractor's employees and subcontractors must wear Collier County Governmf Identification badges at all times while performing services on County facilities and properti, Contractor ID badges are valid for one (1) year from the date of issuance and can be renev% 2 each year at no cost to the Contractor during the time period in which their background chE d is valid, as discussed below. All technicians shall have on their shirts the name of co contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division e-mail (DL-FMOPS( colliergov.net) whenever an employee assigned to Collier Cou separates from their employment. This notification is critical to ensure the continued security Collier County facilities and systems. Failure to notify within four (4) hours of separation n result in a deduction of $500 per incident. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by I Agreement to resolve disputes between the parties, the parties shall make a good faith effor resolve any such disputes by negotiation. The negotiation shall be attended representatives of Contractor with full decision-making authority and by County's staff per; who would make the presentation of any settlement reached during negotiations to County approval. Failing resolution, and prior to the commencement of depositions in any litigat between the parties arising out of this Agreement, the parties shall attempt to resolve dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the St of Florida. The mediation shall be attended by representatives of Contractor with full decision- Page 9 of 13 #16-6643 ;',Packet Pg.559 Eco-Mulching Services, Inc. 16A1flc` 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 submit to mediation as required hereunder, the other party may obtain a court order requiri mediation under section 44.102, Fla. Stat. 36. SAFETY. All contractors and subcontractors performing service for Collier County required and shall comply with all Occupational Safety and Health Administration (OSH) State and County Safety and Occupational Health Standards and any other applicable rul and regulations. Also all Contractors and subcontractors shall be responsible for the safety their employees and any unsafe acts or conditions that may cause injury or damage to a persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administrate j (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose inspection of any Contractor's work operations. This provision is non-negotiable by a `n department/division and/or Contractor. All applicable OSHA inspection criteria apply as well d all Contractor rights, with one exception. Contractors do not have the right to refuse to all, d OSHA onto a project that is being performed on Collier County Property. Collier County, as 1 2 owner of the property where the project is taking place shall be the only entity allowed I refuse access to the project. However, this decision shall only be made by Collier Count 2 Risk Management Division Safety Manager and/or Safety Engineer. N tD ti ********************************* Remainder of page intentionally left blank ***************************" 0 8 as rn as Page 10 of 13 #16-6643 ;'k Packet Pg:,560 rcO ;)t Eco-Mulching Services, Inc. 16.A.101 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorizr-1 person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (Seal) .2) Cr, Neals Lawn & Landscaping, Inc. Contractor By: First Witness Signature Cl) z Type/Print Witness Name Typed Signature Second Witness Title z Type/Print Witness Name CL) Approved as to Form and Legality: Assistant County Attorney Zs' Page 12 of 17 #16-6643 Nuisance Abatem. Neals Lawn & Landscapins4K, Packet Pg. 575 *I6A1O.d Exhibit A— Scope of Work Contractor shall provide the following services which include, but are not limited to: mowing, bust hogging and litter/debris removal in accordance with Collier County Code of Laws and Ordinanc( Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 ar 715.07. These specifications are intended to provide the information by which the Contractor mi understand the minimum requirements of Collier County relative to this Agreement. It is tt responsibility of the Contractor to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) • North District (Includes Immokalee City) • South District (Includes Everglades City) v The quantity and location of the service areas listed above are not guaranteed as the number in possible violations cannot be predicted. The County reserves the right to order services as requin during said term, but does not guarantee any minimum or maximum. Due to changes in p ownership, land development and lot owner exemptions, the County will not guarantee any number 2 lots for the term of this Agreement. a The County has divided categories 1 and 2 into two (2) districts (North and South) with the dividi, line between being Golden Gate Blvd, extending from the Gulf of Mexico to the Broward County line z Category 1: Mowing • Mandatory Work: The work is described as a public nuisance determined to exist three (3) -rts more times after July 15, 2001, on a particular lot or parcel of unimproved property while under t same ownership. • Non-mandatory Work: The work is described as any accumulation of weeds, grass or simi non-protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches a height and located on a mowable lot, in any Recorded or Unrecorded subdivision of Coll County. Category 2: Litter and Debris Removal Includes, but, is not limited to: clean-up, removal, proper disposal of white goods, cars, trucks, gri tires, scrap metal, or any other item large item as defined by the Division, and fill dirt if ordered. For both categories, the Contractor shall provide all labor (qualified personnel), material, supplies a equipment to perform required services, including but not limited to, mowing, bush-hogging a litter/trash removal in accordance with all specifications, terms and conditions specified herein a attached hereto. The County intends to use the Contractor as described above for mandatory and non-mandat, mowing services, and on-call large abatement services. Page 13 of 17 #16-6643 Nuisance Abater,-.., Neals Lawn & Landscaping, Inc. Packet Pg. 576 Ott) 16.k.104. 1. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pink up all litter and vegetative debris, and remove it from all areas to be abated, to ensure de abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in su manner to avoid bumping, girdling, and/or causing any other damage to trees, shrubs, plan fences, and benches. The sites requiring abatement can and will be both public and private prope which are under enforcement action taken by the County. Abatement is through authority provid under Ordinance and may be accompanied in some cases by Court Order which may or may r require an escort. 2. Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselv concerning the nature and location of the work and the general and local conditions, a particularly, but, without limitation, with respect to the following: physical conditions at the work-s and the project area as a whole. The failure of the Contractor to acquaint itself with any applical conditions shall not relieve Contractor from any of his responsibilities to perform under ti Agreement, nor shall it be considered the basis for any claim for additional compensation. co 4E' 3. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts worn areas in the turf. Any areas of turf that become water soaked during the term of tl Agreement shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mom a to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contrac shall be responsible for repairing any ruts caused by their mowers at no additional costs to t County. 4. Photograph Requirements: All photographs shall be time and date stamped. The before ph showing the violation prior to Contractor abatement, and the after photo showing the s "—Nimmediately after Contractor abatement. Photos must be in color and submitted in electronic forn co the designated County representative within two days of submitting the invoices. Photos are tou, be taken from same angle and wide view. As the photographs may be used as evidence, I z, Contractor shall retain originals of said photographs either until payment is received by the Coui 4E' or until such a time as deemed appropriate by any other government authority as required by law. E CD CO 5. Supervision of Employees: The Contractor shall designate a competent Supervisor, a ;4c2c employees to complete the jobs, who is familiar with the terms and conditions of the contract a 8 has authority to act as a single point of contact for the work to be performed, at all times, during IFa, term of this Agreement. If the designated Supervisor is not acceptable to the Project Manager, 's designee, the Contractor will be notified in writing, and shall assign a new Supervisor within sev z.. (7) calendar days of the County's notification. All communication, written or oral, shall be solely t the English language. 6. Contractor Equipment: The Contractor shall provide all equipment to perform requested service including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowe chain saws, bush-hogging equipment, etc. The Contractor shall keep all blades sharpened provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenar process unless written approval has been granted by the Project Manager, or designee, in writing 7. Mowing: The Contractor shall mow at the interval identified in the individual abatement requE unless otherwise specified by the type of lawn maintenance required. Certain properties may enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi-wee Page 14 of 17 #16-6643 Nuisance Abatement Neals Lawn & Landscaping, Inc. Packet Pg. 577 S + 4 '16:A.1 during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1st through April 30t , unless otherwise notified by Code Enforcement. The Contract shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditioi for the Contractor. 8. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of noti' to proceed to complete work related to the abatement, unless otherwise directed in writing, unless specified as an emergency by Code Enforcement. The Contractor shall take eve precaution to ensure the safety of all citizens and animals on and around subject property durii abatement operations. 9. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.r d Monday through Saturday, unless preempted by scheduled activities. cu co 10.Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, t form(s) provided to the Contractor with before and after photos - date and time stamped. Phot E are to be taken from same angle and wide view. The Contractor will also be required to conduct c site inspections with Code Enforcement or Project Manager, or designee, on an as needed basis a verify satisfactory completion of Contract requirements. tp 11.Equipment Required for Services: 3 • Tractor w/ 60" bush hog or greater (optional, however, must have access as needed) • Professional/Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) c • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. TI could be anything from garbage to appliances, furniture, tires, junk cars or other large items. 4 • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safe perform the job in an efficient and timely manner. co • Any other items necessary to accomplish the task. z 12.Property Owner Complaint Process: For the purpose of reporting complaints, the Contractor sI E' contact the County's Project Manager, or designee, with any complaints at (239) 252-2440. 1 E Contractor will contact the Code Enforcement representative to notify County personnel of E complaints received within twenty-four (24) hours. The Contractor will contact the Code Enforcement representative to notify County personnel of complaints received related to damages within twenty-four (24) hours. If directed by the Proji Manager, or designee, the Contractor shall address all complaints related to damages within five working days of notification of knowledge of the incident. Damages not responded to or i resolved to the reasonable satisfaction of the Project Manager, or designee, shall be deducted fri the Contractor's invoice. The County is to receive copies of all complaints received (in writing) ai if applicable, have a record of their disposition/resolution. Page 15 of 17 #16-6643 Nuisance Abaterr.—, Neals Lawn & Landscaping, Inc.. Packet Pg.578 16 A.10.d 13.Specifications Mowing: Assignment of job sites may require a one-time mowing or periodic frequency during tl period from May 1st through October 31st, or monthly during the period from November 1St throu± April 30th. Mowing shall include all specified areas of the properties that are not curren maintained by the property owners, or as indicated on the Code Enforcement request. Swales ai dry retention areas must be mowed-prior to authorizing a vendor to enact the County's Mandatc Lot Mowing Program, the Contractor will be asked to make a site visit and confirm the propel size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3"). The frequency of cutting will i determined by Code Enforcement. All clippings, cut grass, and vegetative material (including b not limited to palm fronds, leaves, branches, etc.) shall be mulched or removed by the Contracto tt b. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utif service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts ar trees. Grass root runners extending into the mulched areas shall be cut and removed when ti edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkl heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on street sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used f .� edging. z c. Blowing: All sidewalks, curbing and/or gutters including a four foot (4') area from the face of tt curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clea N No clippings or other debris shall be blown or allowed to be deposited on other adjacent proper z or accumulate on right-of-way areas. d. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned t removing all trash and debris to include, but not be limited to: paper, bottles, cans, other tras 2 and horticultural debris. The disposal of all trash and debris must be at a proper landfill ¢ disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of the; services. z Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of larc items such as appliances, furniture, tires, junk cars or other large items shall be invoiced pursuant : g the Litter and Debris Removal, in Exhibit B-Price Schedule. to Page 16 of 17 #16-6643 Nuisance Abatement Neals Lawn & Landscaping, Inc. Packet Pg.579 t16 A10.d Exhibit B - Price Schedule Item Category Description NORTH DISTRICT SOUTH DISTRICT(Inch # (Includes Immokalee) Port of the Price to the County Per Isles/Goodland/Copel. I Parcel Price to the.County I Parcel 1 Mowing Up to and including twenty-four(24) inches $35.00 $35.00 high and up to one-half(.5) acres. 2 Mowing Up to and including twenty-four(24) inches $40.00 $40.00 and up to one-half(.5)to one (1)acre N a) 3 Mowing Up to and including twenty-four(24) inches and from one (1)-two (2) acres $45.00 $45.00 .E 4 Mowing Up to and including twenty-four(24) inches U) per acre (for lots greater than two (2) $40.00 $40.00 c a) acres) E 5 Mowing Twenty-four(24) inches and including 1) thirty-six (36) inches and up to one-half(.5) $45.00 $45.00 a acres a) 6 Mowing Twenty-four(24) inches and including = thirty-six (36) inches and one-half(.5)to $50.00 $50.00 N one (1) acre z 7 Mowing Twenty-four(24) inches and including z thirty-six(36) inches and from one (1) to $55.00 $55.00 CNI CD two (2) acres ti T 8 Mowing Twenty-four(24) inches and including N thirty-six (36) inches per acre (for lots $45.00 $45.00 m greater than two (2) acres) z 9 Mowing Over thirty-six(36) inches and up to one- $50.00 $50.00 half(.5) acre 10 Mowing Over thirty-six(36) inches and up to one- $55.00 $55.00 I co half(.5) to one (1) acre .0 11 Mowing Over thirty-six(36) inches per acre(for lots $55.00 $55.00 m greater than one (1) acre) c 13 Litter and Litter and Debris Removal: which may (Ti Debris include, and not be limited to abatement of z Removal white goods, cars, trucks, grills, tires, scrap metal, or any other item large item as $20.00 $20.00 a a) defined by the Department(inclusive of E dumpster and disposal/tipping fees per c cubic yard) ;° .r 14 Litter and Litter and Debris Removal; Fill Dirt(per Q Debris cubic yard) $25.00 $25.00 Removal 15 Litter and Hourly Labor rate for additional 1 Debris unanticipated work not outlined in the Removal solicitation (i.e. hazardous waste $30.00 $30.00 abatement, etc.) r--s Page 17 of 17 #16-6643 Nuisance Abatemiit. Neals Lawn & Landscaping, Inc. Packet Pg.580 CD (saomiag luawavegv aoueslN : mt.) 6utgolnW 003 :uawyoeny "r" i Y" �-� GI L county Pamintsfrative Services Department Proctjren•ient Ser.ices DMson Attachment 3:. Vendor Submittal -Bid Response Form FROM: ECO-MULCHING SERVICES, INC. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6643— Nuisance Abatement Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered.into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: NORTH DISTRICT Item# (Includes SOUTH DISTRICT(Includes Category Port of the Immokalee) Isles/Goodland/Copeland) 12 Mowing Total 16 Litter and Debris Total Preserve Item# Category Abatement(Entire County) 21 Preserve Total 120.00 Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net 30 Days Bid Response Form is electronic. Please input your prices online. #16-6643-Nuisance Abatement ITB Template 01202016 29 a (saoinuag luawa}egb+aoueslnN : z9Ll) BufgolnW 003 :;uauayoet;d tco . us m Cotter County Administrative Services Department Pro.^,:,remeni Senices O:yns,on Attachment 4: Vendor Submittal-Local Vendor Preference Affidavit Solicitation: 16-6643-Nuisance Abatement(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ®Collier County ❑Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ®Collier County or❑ Lee County: !r`r'L/ Number of Employees (Including Owner(s)or Corporate Officers): 2 Number of Employees Living in ®Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 2 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: ECO-MULCHING SERVICES, INC Date: 06/20/2016 Address in Collie r`Lee C.unty: .� . 810 2""ST NE NAPLES, FL. 34120 i Signature: '' • I--t.. 24,/,, �.�ti.�(--� Title; VP STATE OF FLORIDA K]COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 2O4' Day of \,:,m ,20 1L J Notary Public 4'p r klana Faircbtli My Commission Expires: t���� '' I '2._(-)` • ,•ea•' •`l: (AFFIX OFFICIAL SEAL) 1 '" ri "= COMMISSIONy14, 20188 ''� EXPIRES: May 14, #16-6643-Nuisance Abatement %i ,&,,,,,,�o``� WWIM AARDt4NOTARY.CdA1 ITS Template_01202016 31 (seoliJeg;uewalegd eoueslnN : Z9Lt) 6ui4olnW 033 :;uawgoe;;`d na ar` to, Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 2--C)."‘ day of ,q\k , 20 i in the County of (':;',.. 4 in the State of VC- , Firm's Complete Legal Name EGO-MULCHING SERVICES, INC Address 810 2ND ST NE City, State, Zip NAPLES, FL. 34120 Florida Certificate of Authority P11000053780 Document Number Federal Tax Identification 45-2491904 Number CCR#or CAGE Code Telephone Number 239-825-4321 FAX Number Signature /Title ( / )./(•( Type Name of Signature CRISTINA M. PARKER Date 06/20/2016 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6643—Nuisance Abatement ITB Template_01202016 30 (se3lnaag;uatua;egy aoueslnN : Z9L10 6ui43lnw 033 :luauayoe;;y o Ch CIL County ` Administrative Services Department Prox.rement Services D,:'s,on Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: V.'1. The Bid has been signed. 1/.2. The Bid prices offered have been reviewed. i 3. The price extensions and totals have been checked. i '`4. The payment terms have been indicated. .kp 5. Any required drawings, descriptive literature, etc. have been included. v 6. Any delivery information required is included. l 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. ( 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. /11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Division 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6643—Nuisance Abatement • Opening Date: 06/23/2016; 3:00PM v 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. ECO- LCHING SERVIO , INC Co y.Na e Signature &Title -''6/26,/,20/6 Date #16-6643—Nuisance Abatement ITB Template_01202016 28 (seopueg luewelegy eoueslnN : Z916) 6uigolnW 033 :luewy3elly 4� C3 COPt Cower County 13 Administrative Services Department procurement Services D:v sion Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: V.1. The Bid has been signed. V 2. The Bid prices offered have been reviewed. I 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. A 5. Any required drawings, descriptive literature, etc. have been included. v 6. Any delivery information required is included. IA 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. ( 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. /11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Division 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6643—Nuisance Abatement • Opening Date: 06/23/2016; 3:00PM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. ECO- LCHING SERVIC , INC Co arty.Na e Signature &Title Date #16-6643—Nuisance Abatement 26 ITB Template_01202016 12, (sa3IJueg;uewe eqd e3ueslnN : Z916) Bu143InW 003 :;uauayoe;;y v=, d Xo ri Corner Comity A °a A nnn,stratve�•ervicesDepartmen ocur nle:.; Y,r.� Attachment 5:Vendor Submittal-Immigration Affidavit Solicitation:16-6643-Nuisance Abatement This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify), operated by the Division of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. n Company Name ECO-MULCHING SERVICES, INC. Print Name CRISTINA M. PARKER .� Title VP r' I Signature c- �t>'' c-(mti �.,,.i /'C,,,,��C-__[ Date 06/20/2016 State of Fkor<<i(t County of ('.c;11\e,, The foregoing instrument was signed and acknowledged before me this .204' day of .L.i\6 20 ilit ,by C ( \ Shf1A M. 1)(Lvk-rt- who has produced t)--ti Kat-tt3-9i) (0`It'D as identification. (Print or Type/Name) (Type of Identification and Number) , V4, 1� 4u LLk1. , oary Public Signature A1fu\ct v (-udcto-ti% Printed Name of Notary Public Notary Commission Number/Expiration The sigriee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6643—Nuisance Abatement ITB Template_01202016 32 aJ >v . L a., c U o C co. -co O3,3 „.3.3.3N 3 -0. a) co a a1 m a C u .) c O m CO U o + i C O + -o 0 uQ E 3 a)te co L v 7 c • °' �, .c.)._ o o L 0 O u N O L v n. a tu. 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C U C C U c c al a3 CO Z U • Lo 7 CZ 4' .0 CO N a) N a) a) 0) 0) .c N L 0 to N - =O E � o 3 .s_ w 3,3 3 s c =c a C +OO C 0 c cc — cc' .c' 4- o v •L :w .bb0 E 1:3 t = "c I -C' 0,•:r ..- 01 C N o Q Q y > 'm +� U O UC _ U _U L.) ° N L 3 Z E c c 0 c "' 'c 'c O ' .Q ' a ' a w U a+ c CO 0J _ a o a N o v a i 2 C o C o C c E L E Q '-^ u m ao ate') m o 0) 2 aro CO a@ .p +'' C a) Y 000 CS .0 0 7 0 C O 5 0 C N C v c v N a) L v .0 0 .0 — v m E .0 v o a� n. o 0- 00- 03 ,-) 3 u 3 O m m O 0 c • c D mD $ D ,= = ml- CI- .SI- .g- 3- co o y..v v, a) ,-. > E -Q m >, O C CO N ,+O+ a in 17]. ro O. • Q 3 ° c co v b. o vc c c m bcn bco c 0 ;i1 v v O o v 3 3 3 3 3 3 C ,-1 0 O j j T 00 ,.+ 0 o o o o o 0 0 C o v m v c "CI _ ¢ o f o ca °' E L co b0 CO • r ca, a u U I- 2 U a) m ¢ a) tc n iC ,-I Nu m O 4 IA -i N M d 11 to N Co Attachment: ECO Mulching (1762 : Nuisance Abatement Services) CD • r. • a) d 3 toa m ° c a �- � L Z.0 0 0 00 0': v w "o C 0 0 0 0 a° ° s f-. m ° O' ,. in - O: a) ai > a i_ _ 0 0 .`O 0.. 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C Y .x 0 ap o � >, >S 0 > �'�: ❑ C . a) o-a c 0 3 0 3 ~ O.: • m C 0 v 0 0 > a 46 Q H H m co :..i...1.1, Nd.O a3 O a3 T C V w. t N Nva) C • w C N ETi 2•7 v - 7 i O •u�i •p o C F3 .S0 mO oO 2i m .°) c-. c.fl >, = 3 s cA) C7 u 'a .,. co 0o 0o co ac o°o c m C @ c ro c m no a) a) v a) a)' 70. C C C C L ;a) /0 h > CO 0 > CO 0 > >. a): i i),2 nYs 3 3 3 3 3 a`� •c E •L o a`) o ;a` L a m' a„') ' v ate') 1.3n ai',; r� 7 0 0 0 0 .:o• .. + c v v v v a) �. r+;.E v . cQ - v c m ,r c c m c N oo C o + CO -Ol ei ri :ei — s-I c-I e-i ell — e-i ,-I c-I N 'N' ,1000 Attachment: ECO Mulching (1762 : Nuisance Abatement Services) iti' ,*.'\ a v D i a Tu ca a 6 4, e .4- v 0 � Y a; 3 a o ° c s • � V N L a a yr a m. c a. V L. c ;12 m c. . 0 0 _h E u O E s: • .�.a'. I.- 0 y. o z a Y i_J • C a a Ev° a L • > - a N o 34-;8 o 4 C 0 Ou a) a o a oo O SO a a on 0- .a m a) CI) C 4o •� u Q• '6 L 7 • a a E a cov -a c m O+� a', - o C a E a o Q }' 4, .0 ba 431 r0 r� m L v a i+r Q - Gi P N n F Attachment: ECO Mulching (1762 : Nuisance Abatement Services) �� (se3lIueg;ualua;egbr eouesinN Z9L6) lin/unnei sleaN :;uewy3e14d .',C>', co . ' �: �, v aa; � s > o as L o : .. Q W L c U 0 N CO C L O 0 oa u u E Y ✓ y u O -0 a v u C .0 u .0 ra L y O Q 'O N o J O. co .0 0 VI .0 ,^ '— L ` COuZ L.,oL L a) Lto C Y C L O O o 8 HE vo v ar ..'-",,,;.,..,;,,.',..VI;F..., 10 'C 'C � w C �D I41TjI 3�,0 i^ Y ^ilil co ha C i/k '"VT -{!} ui .� C 'O "c F �c� . z ,j,„;,..,,z,--.., fJ�x" v+` uICO .Q .`Si `�V'd+'� 'x ,..c 47,2111 +� J C �' i s O .�" .rte t s,"^^ 4} 'ti ro* t ` CO 0 aa as si5 so Q i • u • L v a s am � VI IJ cu O# C r ++ t1 t_ _.,„2:„,,, ,, y C), 'IfY Q lA'- O ,lit '3',0•145,41- c -c!)' 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Qc cu +� µ��,x a) c C C c c C C o a c v `m o c(a ca aon pi vs 0 0 0 0 0 0 0 0 �� C 3 3IV u E v c `o CO° v> � L Y ' O aJ m Q 1° y xx"§ CB ri N M O Pg.�" N m d' Q N U I— U V1 l0 N. W (sa3lnjag;uauaa;eqd eoueslnN : Z9L.) Iln;unnel sleaN :;uewg3e;;fir o ;rn • N. Q. a: a,, 40 T. x nLI 0 E w a 6. : ' „ a ':i/f i/f• . Vf ao-Goaa aa a''0m - 43 u dCO Laao x`r*,, Q • In «. .LA , D C _k x„1,— Or tCx F 1.4 iM (7D: O tI` x . � '� x lIn''''O ? ; D fl' C t ..,..,-* .'''A,'-'--- aa_ (� '.2 tA , W ,'s u Q .2C �' ui v a �?r + +T+ °_ j O TCS ,O. t° : d4, ; O t6 f6 N :'° O c N m 0 c6 ::. Q L U S a O = a T.5 CD O .Q v 0.. N 0 , O O w .:x �• O C a. _O 0 U O O 7 N L C E L Q 0 (O +_, N -a, ' O_ 4J a v ; 0 a 0.•' (n — C '� 0 a� 0 > > COcm a c >' E `� �'v o 'o c Q v a to (n fn ,fie .` f0 a N 'O (0 'O (n N Y.�? '+a� i; L t t yt O tp C f6 > "6 w E 4,e, tun +' u 0 0 a ma f° y °�' a o c cu +' C C C O — N ) N c Q v- = m m m47.' a vi w a o _ co a ..:, v! N — (6 to 0 N aa+ z".a - Q N (0 C �'• �+ c0 X X X fC 01 E Q i .5. N i `q 'n N m0 &s, a `o c' Wig AN r m aLi- cn n > -0,_ -(o 0 0c o N - .c ,_ �...... CO .J N O f0 N 3 CD— .?-01 T C O4_1,-,k O of U CD a a a ti, y .- C V L ki 3 L N ,i' ,n. • '0 Q > v > c > w r0 a - ca o 0 (o D -o m v c Ks 00 00 bD b0 x.00 C (0 C (6 C0 63 (0 i,:j�>..(p. eao) ,;:. /� C C C 'C.- `.a (O N > O N (O > �r In"bC.fijt: a „�,x- • < a �r Ak O .--I 'N: M V t!) : to"F ,� C n 01 .-I a-1 ;H a--I ci e.ls i._,i� 3316 A10.f3 257. Attachment 2: Vendor's Check List 258. .-. 259. 260.IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. 261. 262.Vendor should check off each of the following items as the necessary action is completed: 263. 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. CO 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12.The mailing envelope must be addressed to: 264. Procurement Director 265. Collier County Government 266. Purchasing Division 267. 3327 Tamiami Trail E •_^ 268. Naples FL 34112 269. The mailing envelope must be sealed and marked with: 1* Solicitation: 16-6643-Nuisance Abatement 2* Opening Date: 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and z receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded 270. 271. 272.ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. 273. 2�5` /.els � ,� �s .3 t l„ . 276. 29my Name 277. , d�uNE'/ -- 278. Signature Title 279. Co/ / 16 280. Date Coif c y Covivitl' -•. 281. Packet Pg.592 dt' e. A.° 16A: 0'f 403. Attachment 4:Vendor Submittal-Local Vendor Preference Affidavit 404. �-• 405.Soticitation: 16-6643-Nuisance Abatement(Check Appropriate Boxes Below) 406.State of Florid,(Select County if Vendor is described as a Local Business 407. ycollier County 408. ❑ Lee County 409. 410.Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: 411. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. in addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to,the retention and expansion of employment cn opportunities, support and increase to the County's tax base,and residency of employees and principals of c the business within Collier County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section.A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to .8 the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. 412. 413.Vendor must complete the following information: 414. z^ 415.Year Business Established in❑Collier County ordLee County: ) 5 417.Number of Employees(Including Owner(s)or Corporate Officers): / 418. 419.Number of Employees Living in❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 420. N 421.If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. z 422. 423.Vendo ame ' 1 425.Date: CD LeAtat) ‘1 /4-20 424. 426.Address in Collier o s Coun : a 427. 428.Sign- 430.Title: ,•-A 429. 'CL.Xfe 431.STATE OF FLORIDA 432.0 COLLIER COUNTY E COUNTY 433.Swom to and Subscribed Before Me, a Notary Public, for the above State and County,on this Day of 3-1A.t. , 20 k w% ' ,': MNyotaCmDpub mExpirtDcE•eSwi staAtteuqcaol teF VMM a`1 s434. 435. Notary Public Commissae#EE 22361436.My Commission Expires: ', , Packet Pg 594 cam 16 A.10 f Vo' Local Business Tax Receipt Tax Ca #or Dear Business Owner: Your 2015-2016 Lee County Local Business Tax Receipt is attached below for account number 1501623. If there is a change in one of the following,refer to the instructions on the back of this receipt • Business name • Ownership • Physical location • Business closed • a This is not a bill.Detach the bottom portion and display in a public location. N w c I hope you have a successful year. Sincerely,6e4,_.#1•ellati)-- cu Lee County Tax Collector ti 5 cc in a, z m 2015- 2016 co LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1501623 Account Expires:September 30, 2016 May engage in the business of Location: PROFESSIONAL LANDSCAPING COMPANY 146 BROOKS RD N FORT MYERS FL 33917 The business and qualifies ifier on this BusinessTax Receipt is"REGISTERED" in compliance with ordinance 08-48. THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY NEALS LAWN&LANDSCAPING INC Payment NEAL TRACY Information: 146 BROOKS RD N FORT MYERS FL 33917 PAID 416468-18-1 07/01/16 04:44:35 PM. NYSI $57.50 Packet Pg.595 416.A Io.f r_ ,I,i-1 icr Cotinty 438. Attachment 5:Vendor Submittal Immigration Affidavit 439. 440.Solicitation: 16-6643-Nuisance Abatement 441. 442. This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submissioi of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the EVerify program,may deem the Vendor/Bidder's proposal as non-responsive. 443. 444. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). m 445. o Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall co be grounds for unilateral termination of the contract by Collier County, m 447. E 448. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration cli Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with a E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E Verify), operated by the ai Division of Homeland Security in partnership with the Social Security Administration at the time of submission of the c Vendor's/Bidder's proposal. ca 5c 9. ,> "� 0. Company 451. e7S-L'-a _ . . /I./e'' z Name co 452. 453. Print Name 454. oryi C. i ! ti e:71 456. Tiitl 455. �. 457. Signature 45; AN, 460. Dat 59. I 7/ / as 461. N 462. State of m 463. z 464. County of L E" 465. E 466. The foregoing instrument was signed and acknowledged before me this Belay of i. ,l;, ._'- ,20 5 by rs 467. Q 468. k 1 C t,�.4\---%---- who has produced . ' `I�t2- 1'.0 as idemtim 469. (Print or Type Name) (Type of Identification and Number) 470. ;c ......„.NIL 471. � � `~`."",,.-., 472. Notary Public Signature 473. 474. re"." ^ `51 \,..�ll._. (,..__test.. 475. Printed Name of Notary Public 476. , „� DAVID E.WOO 477. 1.41.,��� L '% S of ftaidt 478. Notary Commiss "�; . .tr..-, _; Aug 1,201E 479. . ":Y_v . O tion N EE 22EA11 480. The signee of thi ;2;.,,, •u. ". .";.: ......•,-;• :SRW= the sworn affidavit required herein,the truth and ,..--, accuracy of this affid- - • - - a er -de. 481. Packet Pg.596 16.A.10.f Cit'icr (2,01.1 pity ADDENDUM #1 Memorandum Date: 06/16/2016 From: Adam Northrup, Procurement Strategist To: Interested Bidders CD Subject: Addendum# 1 16-6643—Nuisance Abatement The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The following files are issued as an addenda, and replace in total, the previously issued version of the files. 16-6643—Nuisance Abatement ITB (Ad. 1 061616) 16-6643— Nuisance Abatement Bid Schedule (Ad. 1 061616) As a result of this addendum, the close date for this solicitation has been extended until 06/23/2016, at 3:00PM. -ro If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. z Please sign below and return a copy o this Addendum with your submittal for the above referenced solicitation. 2 1' (Signa ?e Dat- k -41- Lkikti 44-AAJbkA 1°' (Name of Firm) Addend umTemplate Revised:4115/10 1 Packet Pg. 597 746 A 1©:f ADDENDUM #2 Memorandum Date: 06/16/2016 From: Adam Northrup, Procurement Strategist CD To: Interested Bidders w Subject: Addendum#2 16-6643–Nuisance Abatement as The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The date that was listed in the online bidding system was incorrect, the close date for this solicitation is 06/23/2016, at 3:00PM. ti If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. co Please sign below and return a co• of th : Addendum with your submittal for the above referenced solicitation. Adir (Signat - D-te AA'! 't1 /di A/C—. (Name of Firm) AddendumTemplate Revised:4/15/10 1 Packet Pg x598 542. 16.A.10.f 543. Certification:Under penalties of penury, I certify that the information shown on this form is correct to my knowledge. 544. 545 Si. - 547.Date 4111*1/4 7 548.Title 550.Phone Number O 7#13c36 549. a) 9-. a) E •0 CD CD 5 •• CN1 tO C4.• co C E 11.1 Packet Pb 599 R I,6 A.16'1,- Cotter .f,.co ,er County Administrative Services Department Procurement Services Division Attachment 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ' sc Pi / t"A4" ,.,,— (as shown on incorgeitax ret ) / / 1 Business Name I�'L'..k4 S /-40/1)cII?AJDSC-4///?) J/VG-. (if different from taxp er na / `1 o Address jiy.4 zk.� s e� City NOgth G 1 //yeg,5 State r Zip 335C 7 e Z3 q 2'10 3lX) ' C. P0 2 /50' 1//k cot. e Telephone 1 FAX Email�l.�f� S /� Q E m Order Information Remit/Payment Information a Address Address U c as City State Zip City State Zip N FAX FAX Z Email Email ti 2. Company Status(check only one) ,M _Individual/Sole Proprietor / Corporation _Partnership 3 ca _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company 0 under Internal Revenue Service guidelines IRC 0 501 (c)3) Enter the tax classification z (D=Disregarded Entity, C=Corporation, P=Partnership) c d E 3. Taxpayer Identification Number(for tax reporting purposes only) .c V Federal Tax Identification Number(TIN)_-�__ ..---(.4_./..... _-__)___,.____7...../..2_ Q (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. 1 Signatur. 4111kDate ' /1 I, Title 060,t1' Phone Number's 20 if 304 #16-6643—Nuisance Abatement 33 ITB Template_01202016 Packet-Pg. 600 I6.A.10.f Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages.The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this / ( c ay of 20 in the County of (10'ir`e,e_ , in the State of Firm's Complete Legal Name ite.41 5 LAVA) 1 Address /q 6cis 6A7 City, State, Zip /0: ft /,/997-e4 s3 .3o ( Florida Certificate of Authority / Document Number Federal Tax Identification .y/ 3 / 56 2- 7c1 Number � CCR#or CAGE Code Telephone Number Z3? 2 ci 0 q 30 sztFAX Number /Signature/Title t►� _� .0 /] � z Type Name of Signature /4467 /1 co Date / / ( Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address z et City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6643—Nuisance Abatement 30 ITB Template 01202016 Packet Pg.601 X16 A.10:fi Col Yer Count y Administrative Services Department Procurement Services Division Attachment 7: Vendor Submittal -Insurance and Bonding Requirements insurance y a • iii 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall 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 m paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone rn employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. z� 4. ®Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included ` 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence 3 noted: as ❑ United States Longshoreman's and Harborworker's Act coverage shall be u, maintained where applicable to the completion of the work. $ Per Occurrence Z ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to m the completion of the work. .c $ Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence O Pollution $ _:;,M€;!I;il ;;E~ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence #16-6643—Nuisance Abatement 34 ITB Tern plate_01202016 �g Packet Pg.602- 16A1Of" ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. D Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, `2 published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New d York 10038. Co E 8. Z Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. z 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County C Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance r must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all ~� work performed on behalf of Collier County. 4.. 11. ® Thirty(30) Days Cancellation Notice required. RLC 5/26/2016 w a.; Vendor's Insurance Statement E We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name A- 4 7 Insurance Agency Agent Name Telephone Number #16-6643—Nuisance Abatement 35 ITB Template_01202016 Packet Pg.603