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Agenda 10/25/2016 Item #16A 2 16.A.2 10/25/2016 EXECUTIVE SUMMARY Recommendation to award RFP No. 16-6610 "Annual Contract for Landscape Maintenance Vendors"and authorize the Chairman to execute contracts with eight vendors: Hannula Landscaping and Irrigation, Inc., Florida Land Maintenance d/b/a Commercial Land Maintenance, Ground Zero Landscaping Services, Inc., Caribbean Lawn & Garden of SW Naples FL, Inc., Scott Lowery Landscaping, Inc., Signature Tree Care, LLC, The Davey Tree Expert, Co., and Stahlman-England Irrigation,Inc. OBJECTIVE: To maintain approximately one hundred two (102) miles of median landscaping and irrigation on County roadways. These contracts will also be used by other County operating divisions for the maintenance or repair of landscaping,irrigation systems and trees. CONSIDERATION: The Annual Contract for Landscape Maintenance Vendors was developed to provide a range of landscape, irrigation,and tree services to meet the needs of various Collier County Departments. Generally, like its predecessor contract (RFP #1 3-6 0 6 2 "Annual Contract for Landscape Maintenance Vendors"), all projects will be quoted from all awarded firms within the category identified(generally for a twelve month period). In order to reach out to interested companies and increase the number of qualified vendors, the RFP will be advertised on an annual basis. The contracts approved within this Executive Summary are valid for one (1) year with four (4) one (1) year renewal options. On May 19,2016,a Landscape Open House was held to discuss licensing requirements for operating in Collier County and to provide an overview of the landscape program. The solicitation was posted on July 1, 2016, and one thousand, one hundred eighty six (1,186) notices were sent by the County's Online Bidding System; forty seven (47) companies downloaded solicitation materials. On July 28, 2016, six (6) firms submitted proposals for Category 1: Basic Landscaping; three (3) for Category 2: Landscape and Irrigation Maintenance; three (3) for Category 3: Tree Maintenance and Arborist Services; four (4) for Category 4: Advanced Irrigation and On-Call Services&Repairs. On August 17, 2016, the Selection Committee ranked the responsive firms in all four categories and recommends awards as follows: Category 1: Basic Landscape Maintenance 1. Hannula Landscaping and Irrigation, Inc. 2. Florida Land Maintenance d/b/a Commercial Land Maintenance 3. Ground Zero Landscaping Services Inc. 4. Caribbean Lawn&Garden of SW Naples FL Inc. 5. Scott Lowery Landscaping,Inc. Category 2: Landscape and Irrigation Maintenance 1. Hannula Landscaping and Irrigation, Inc. 2.Florida Land Maintenance d/b/a Commercial Land Maintenance Category 3: Tree Maintenance and Arborist Services 1. Signature Tree Care,LLC 2. The Davey Tree Expert Co. Packet Pg.444 I6'.A 2 10/25/2016 Category 4: Advanced Irrigation and On-Call Services & Repairs 1. Hannula Landscaping and Irrigation, Inc. 2. Florida Land Maintenance d/b/a Commercial Land Maintenance 3. Stahlman-England Irrigation, Inc. In relation to these contracts, staff recommends: • Award contracts for 16-6610, "Annual Contract for Landscape Maintenance Vendors" on a unit cost basis, in relation to ongoing services for the scopes of work developed specifically for each location. Due to the likelihood of these quotes each exceeding $50,000, they will be brought back the Board for approval at a subsequent meeting. • Time and materials will be utilized for unexpected work, such as the replacement of landscaping damaged by vehicular accidents,weather events and other unplanned incidents. • Additional outreach and training events to recruit/attract landscape contractors to submit proposals will be held on an annual basis,as needed. FISCAL IMPACT: Funds for these services shall come from each individual department using previously identified dollars budgeted for the services under each category. The annual historical expenditure is approximately$2.5 million through various operating divisions. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. LEGAL. CONSIDERATIONS. This item has been approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To award RFP 16-6610 "Annual Contract for Landscape Maintenance Vendors" and authorizes the Chairman to sign standard contracts with eight vendors: Hannula Landscaping and Irrigation, Inc., Florida Land Maintenance d/b/a Commercial Land Maintenance, Ground Zero Landscaping Services Inc., Caribbean Lawn &Garden of SW Naples FL Inc., Scott Lowery Landscaping, Inc., Signature Tree Care, LLC, The Davey Tree Expert Co., and Stahlman-England Irrigation,Inc. Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager, Road Maintenance Division, Growth Management Department ATTACHMENT(S) 1. 16-6610 Committee Member Final Score Sheet(2) (PDF) 2.Agreement-Hannula CAO approved (PDF) 3.Agreement- Florida Land Maintenance CAO approved (PDF) 4.Agreement-Groud Zero CAO aproved (PDF) 5.Agreement-Caribbean Lawn CAO approved (PDF) 6.Agreement-Scott Lowery CAO approved (PDF) 7.Agreement-Signature Tree Care CAO approved (PDF) 8.Agreement-Davey Tree Expert CAO approved (PDF) 9.Agreement-Stahlman-England CAO approved (PDF) Packet Pg.445 16.A.2 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Item Summary: Recommendation to award RFP No. 16-6610 "Annual Contract for Landscape Maintenance Vendors" and authorize the Chairman to execute contracts with eight vendors: Hannula Landscaping and Irrigation, Inc., Florida Land Maintenance d/b/a Commercial Land Maintenance, Ground Zero Landscaping Services Inc., Caribbean Lawn&Garden of SW Naples FL Inc., Scott Lowery Landscaping, Inc., Signature Tree Care, LLC, The Davey Tree Expert Co., and Stahlman-England Irrigation,Inc. Meeting Date: 10/25/2016 Prepared by: Title: Manager-Landscape Operations—Growth Management Department Name: Pamela Lulich 08/23/2016 9:25 AM Submitted by: Title: Department Head-Growth Management Dept—Growth Management Department Name: David Wilkison 08/23/2016 9:25 AM Approved By: Review: Procurement Services Sandra Herrera Additional Reviewer Completed 10/11/2016 8:56 AM Capital Project Planning,Impact Fees,and Program Management Gloria Herrera Level 1 Sim.Reviewer 1-8Completed Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/11/2016 10:08 AM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 10/11/2016 11:02 AM Road Maintenance Dave Morgan Additional Reviewer Completed 10/11/2016 1:08 PM Road Maintenance Travis Gossard Level 1 Sim.Reviewer 1-8 Completed 10/11/2016 1:46 PM Road Maintenance Melissa Pearson Additional Reviewer Completed 10/11/2016 1:48 PM Growth Management Department Gene Shue Additional Reviewer Completed 10/11/2016 2:19 PM Procurement Services Allison Kearns Additional Reviewer Completed 10/12/2016 11:12 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/13/2016 8:35 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/13/2016 10:55 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 10/13/2016 11:08 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/13/2016 1:36 PM Procurement Services Diane Lynch Level 1 Purchasing Reviewer 1-4 Skipped 08/30/2016 11:27 AM Procurement Services Diane Lynch Level 1 Purchasing Reviewer 1-4 Skipped 08/30/2016 11:27 AM Packet Pg.446 16.A.2 10/25/2016 Procurement Services Pamela Lulich Level 1 Purchasing Reviewer 1-4 Skipped 09/19/2016 4:10 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/13/2016 4:07 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2016 3:03 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg.447 -91. diel pee a; uoy;epuewwooa1 : 2.1720 (z)laaglS slops leuld iaqu)aw as;;auauao3 0499-91, :;uawgoe;;y aS toQ CL m Ec 0oococoo o x o00 co R E 0 � 0000coo ;�,o ``# 000 = m 0c000. ? 0 3� 0 r- 000 C O LL r N M el• CO '-e ;... 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O.. r 'O J - N -O J V M 0 W "6 'B J C)-O V 7- c % F- 0 J v NV cca J O 1 -'7' J O 2 N J O J V G J E Q m a) -0 O o 0 m O o U D I- `g C9 m a) m g J E m # r N W E c s W , E W m o L W c E E Q a Q a •) C a`)) C F- c E s p a F- c E a F- c > a F- c E -c a�- u Q m o `m U c Q c o c Q .com m Q ca o n 0 ° U< cc . u) o N UIO000) 0OIOWO0) O0) OIOU) U) H d 16.A.2.b w U t6 AGREEMENT16-6610 for ctsa Annual Contract for Landscape Maintenance COTHIS AGREEMENT, made and entered into on this day of 2016, by o and between Hannula Landscaping And Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs Florida 34135, (the "Contractor") and Collier County, a political subdivision of the State of Florida, o (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period a have been completed or terminated. The County may, at its discretion and with the LL cc consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement 0 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 of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor E written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. co 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight (8) firms qualified and awarded an Agreement. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following categories: o Category 1: Basic Landscape Maintenance; Category: 2 Landscape & Irrigation; and Category 4: Advanced Irrigation °a U The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 36 #16-6610"Annual Contract for Landscape packet P 449 Hannula Landscaping And g. 16.A.2.b Prior to the issuance of a Purchase Order, the County shall provide a summary of Work 0 to be performed to all the awarded firms in a specific category which will afford the o Contractors the opportunity to submit a formal quotation for the Work; the Contractors 2 shall respond with the information sought within the time specified by the Project TO Manager, or designee. The Project Manager, or designee, will award the Work to the Q Contractor that submits the lowest responsive quote. 0 co 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of J the Work pursuant to the quoted price offered by the Contractor in the response to a o specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 1.5 E 3.1 Price Methodology: To Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work a (number of hours times hourly rate), and for materials and equipment used in the project r_ (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 co it is expected that the project requirements would most likely change. As a general a business practice, these contracts include back-up documentation of costs; invoices u_ would include number of hours worked and billing rate by position (and not company (or -a subcontractor) timekeeping or payroll records), material or equipment invoices, and 3 other reimbursable documentation for the project. r.+ C 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 E o inventory or cost verification. 0 w 3.2 Any County agency may purchase services under this Agreement, provided co sufficient funds are included in their budget(s). 3.3 Payment will be made upon receipt of a proper invoice and in compliance with o Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Q Act." Payments will be made for services furnished, delivered, and accepted, uponco receipt and approval of invoices submitted on the date of services or within six (6) °a months after completion of the Agreement. Any untimely submission of invoices beyond 0 the specified deadline period is subject to non-payment under the legal doctrine of s "laches" as untimely submitted. Time shall be deemed of the essence with respect to the c timely submission of invoices under this Agreement. _ 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the w performance of the Work. Collier County, Florida as a political subdivision of the State ,� of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. E U V. 6)). :).'t Page 2 of 36 #16-6610"Annual Contract for Landscape Packet Pg. 450 Hannula Landscaping And 16.A.2.b 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: d Hannula Landscaping And Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 Attn: Dale F. Hannula, President Telephone: (239) 992-2210 VZS Facsimile: (239)498-6818 L dhannula(c hannulalandscapinq.com U L Y C 0 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: z Collier County Government Center Procurement Services Division to 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division -e Telephone: 239-252-8407 Facsimile: 239-252-6480 c4 a 0 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as co an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits o necessary for the prosecution of the Work shall be obtained by the Contractor. The 2 County will not be obligated to pay for any permits obtained by Subcontractors. Q. 0 Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor = shall comply with all rules, regulations and laws of Collier County, the State of Florida, or a' the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. C) F Page 3 of 36 41) #16-6610"Annual Contract for Landscape Packet Pg.451 Hannula Landscaping And 16.A.2.b 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to 0 use in any manner whatsoever, County facilities for any improper, immoral or offensive 0 purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor Q or if the County or its authorized representative shall deem any conduct on the part of 0 the Contractor to be objectionable or improper, the County shall have the right to23 suspend the Agreement of the Contractor. Should the Contractor fail to correct any J such violation, conduct, or practice to the satisfaction of the County within twenty-four `o (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence co operation during the suspension period until the violation has been corrected to the o satisfaction of the County. 0 76 9. TERMINATION. With respect to this Agreement, should the Contractor be found to a have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a a particular Project, termination shall be governed by the terms of the Purchase Order. cc 12 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as 3 to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: m A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage E o Liability. This shall include Premises and Operations; Independent Contractors; 0 Products and Completed Operations and Contractual Liability. ce 0 B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per °° Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and o Employee Non-Ownership. a C. Workers' Compensation: Insurance covering all employees meeting Statutory °a Limits in compliance with the applicable state and federal laws. o R The coverage must include Employers' Liability with a minimum limit of $1,000,000 for c each accident. _ c Special Requirements: Collier County Government shall be listed as the Certificate ? Holder and included as an Additional Insured on the Comprehensive General Liability 0 L Policy. a i Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. w Zi Page 4 of 36 CAO #16-6610"Annual Contract for Landscape Packet Pg.452 Hannula Landscaping And 16.A.2.b Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy tll provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothingCL contained herein shall relieve Contractor of this requirement to provide notice. -0 Contractor shall ensure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor o shall indemnify and hold harmless Collier County, its officers and employees from any U and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or cc reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier c County. 0 CC TS 12.1 The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the E Contractor County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being cc provided to Contractor. Contractor's obligation to indemnify and defend under this co Article will survive the expiration or earlier termination of this Agreement until it is co determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute o of limitations. Q Q Co 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. U (a 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and s shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. a) 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein 4.. set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, i Exhibit A—Scope of Work and subsequent quotes. CPage 5 of 36 #16-6610"Annual Contract for Landscape Packet Pg.453 Hannula Landscaping And 16.A.2.b o c.> c 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County c Commissioners. 'a d 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual co 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 Ill, Florida J Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County o 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 co r of the firm from contact with County staff for a specified period of time; b. Prohibition by o 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 0 termination of any Agreement held by the individual and/or firm for cause. ct c r- 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, o ordinances, rules, regulations and requirements applicable to this Agreement, includingce but not limited to those dealing with the Immigration Reform and Control Act of 1986 as 12 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but o not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE E o APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE o CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS vr AT: Communication and Customer Relations Division ; 3299 Tamiami Trail East, Suite 102 Q Naples, FL 34112-5746 n. co Telephone: (239) 252-8383 e U The Contractor must specifically comply with the Florida Public Records Law to: co c c 1. Keep and maintain public records required by the public agency to perform the = service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be o inspected or copied within a reasonable time at a cost that does not exceed the a cost provided in this chapter or as otherwise provided by law. .. 3. Ensure that public records that are exempt or confidential and exempt from c public records disclosure requirements are not disclosed except as authorized U a5 w a' Page 6 of 36 Can #16-6610"Annual Contract for Landscape packet Pg.454 Hannula Landscaping And 16.A.2.b by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractora. transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a o format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws cc referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. a cc 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. c 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or c otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. E 0 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. ce 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding Q punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this o Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work E can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. R5 Page 7 of 36 Cep #16-6610"Annual Contract for Landscape Packet Pg. 455 Hannula Landscaping And 16.A.2.b If any conditions described above are not remedied or removed, the County may, after c three (3) days written notice, rectify the same at Contractor's expense. cu 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from Ts specifications shall be approved in writing by the County in advance. a u N 24. CHANGES IN THE WORK. The County shall have the right at any time during the ca progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit a quote of any cost or time increases or savings it 32- foresees foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be E` made except upon written order of by the County, and the County shall not be liable to 0 the Contractor for any increased compensation without such written order. No officer, 70 employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's a Procurement Ordinance and Procurement Procedures in effect at the time such o modifications are authorized. to 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties a. given to Contractor or any subcontractors by any materialmen supplying materials, rx equipment or fixtures to be incorporated into the Project. Contractor warrants to the 12 County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from o all defects and in conformance with the Contract Documents. c Contractor further warrants to the County that all materials and equipment furnished c under the Contract Documents shall be applied, installed, connected, erected, used, E cleaned and conditioned in accordance with the instructions of the applicable o manufacturers, fabricators, suppliers or processors except as otherwise provided for inCe the Contract Documents. 00 00 If, within one (1) year after final completion, any Work is found to be defective or not in =_ conformance with the Contract Documents, Contractor shall correct it promptly after 2 receipt of written notice from the County. Contractor shall also be responsible for and i pay for replacement or repair of adjacent materials or Work which may be damaged as a c'- result of such replacement or repair. These warranties are in addition to those implied o warranties to which the County is entitled as a matter of law. U 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. 5 The Contractor shall employ people to work on County projects who are neat, clean, _ well-groomed and courteous. Subject to the American with Disabilities Act, Contractor y shall supply competent employees who are physically capable of performing their v employment duties. The County may require the Contractor to remove an employee it CD E deems careless, incompetent, insubordinate or otherwise objectionable and whose 2 continued employment on Collier County projects is not in the best interest of the a County. E 0 f4 5 Page 8 of 366 #16-6610"Annual Contract for Landscape Packet Pg. 456 Hannula Landscaping Anc, 16.A.2.b 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by0. organizations acceptable to the County. 28. PROTECTION OF WORK. 0L 4- A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, ct Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 2 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County written notice within 0 forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 00 If the County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to 2 document the consequences of the changes or variations. 0 If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek -° an adjustment to the Contract Amount or an extension to the Contract Time. 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by f.D., County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an Page 9 of 36 #16-6610"Annual Contract for Landscape Packet Pg. 457 Hannula Landscaping And 16.A.2.b agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall c be attended by representatives of Contractor with full decision-making authority and by 0 County's staff person who would make the presentation of any settlement reached at 2 mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation 0 a. under section 44.102, Fla. Stat. 0 31. VENUE. Any suit or action brought by either party to this Agreement against the other c party relating to or arising out of this Agreement must be brought in the appropriate o federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 0 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for 0 this Agreement shall be knowledgeable in their areas of expertise. The County reserves F the right to perform investigations as may be deemed necessary to ensure that a competent persons will be utilized in the performance of the Agreement. The Contractor r. shall assign as many people as necessary to complete the required services on a timely CD basis, and each person assigned shall be available for an amount of time adequate to 6c0 meet the required service dates. a. ce 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of 2 any of the Contract Documents, the terms of the Request for Proposal (RFP), the 3 Contractor's Proposal, and/or the County's Board approved Executive Summary, this o Agreement shall take precedence. c 0 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without 0 the prior consent in writing of the County. Any attempt to assign or otherwise transfer c this Agreement, or any part herein, without the County's consent, shall be void. If F Contractor does, with approval, assign this Agreement or any part thereof, it shall 0 require that its assignee be bound to it and to assume toward Contractor all of the CDce obligations and responsibilities that Contractor has assumed toward the County. co v. co 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be 0 responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management 0 Division for all employees that shall provide services to the County under this o 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, 0 education, residence and employment verifications and other related records. c Contractor shall be required to maintain records on each employee and make them 0 available to the County for at least four (4) years. w All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and w properties. Contractor ID badges are valid for one (1) year from the date of issuance and < can be renewed each year at no cost to the Contractor during the time period in which c their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. C`�v 1 Page 10 of 36 #16-6610"Annual Contract for Landscape Packet Pg.458 Hannula Landscaping And 16.A.2.b The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSa,colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. * * * * * -a (Signature page follow) i ca _ 0 a 12 L 0 0 0 R' co ,a. of 0 L Q U _ _ c4 Z c a 417.1 Page 11 of 36 #16-6610"Annual Contract for Landscape Packet Pg.459 Hannula Landscaping And 1 6.A.2.b IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. (15 C .a 2 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA U Dwight E. Brock, Clerk of Courts By: By: o Donna Fiala, Chairman Dated: (SEAL) Hannula Landscaping And Irrigation, Inc. 2 :::ttcto1. a LL First Witness Signature L TType/print witness nameT TType/print signature and titleT 0 Second Witness c TType/print witness nameT cc 00 AW pproved as to Form and Legality: r -0 4 •ssistant County Attorney0. Print Name C C C a> E a, C) C a, E Page 12 of 36 #16-6610"Annual Contract for Landscape Packet Pg.460 Hannula Landscaping And 16.A.2.b Exhibit A SCOPE OF WORK Category 1 Basic Landscape Maintenance .5 Technical Specifications The specifications for Category 1 include, but not limited to, median mowing and edging, side of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the right- of-way weeding, general site trimming, trash removal, and brick paver pressure cleaning. Subcontractors are not authorized to perform services for this category. 0 Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and z debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous o objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. a u_ • Mowing and edging shall include medians and areas along the outside edge of the 2 sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same o day and areas with pavement and curbing shall be clear of all grass clippings from c mowing. -10 • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). re • Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce co the height of the weeds to 12" above the water. • All turf shall be mowed with mulching type mower equipment to eliminate the need to 'o bag and transport grass clippings. The guard on the mulching mowers must always be Q kept on the equipment to reduce the risk of objects and clippings being thrown onto f° pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. • Grass shall be cut at a height no less than three and one half inches (3 '/"). The height (13 of the grass blade shall not exceed six inches (6"). _ • The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract 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 Page 13 of 36 CAt) #16-6610"Annual Contract for Landscape Packet Pg.461 Hannula Landscaping And 16.A.2.b County. The Contractor is to avoid mowing in a way that will project grass clippings, c small rocks, and miscellaneous debris into oncoming traffic. al c • Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, Ta shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks, or g other areas, resulting from edging, shall be removed. No herbicide shall be used for a$ 0 edging. J • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, o back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. 0 o • Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks a or curbs shall be cut and removed when the edging is performed. o to • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular co mowing service shall include: trash removal, mowing, and edging of the entire project. a u_ W • Medians full mowing service shall include: median mowing and edging and median P. trash removal for the entire site. 3 0 • Side of the road, a full mowing service shall include: side of the roadway mowing and o edging, all swaie areas, and side of right-of-way trash removal. Trash Removal ig Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. E o w • Median trash removal and side of right-of-way trash removal for each service for all site ao areas shall be cleaned by removing all trash or debris which shall include, but notOD limited to the following: paper, bottles, cans, other trash, and horticultural debris. 13 CD • Disposing of trash and debris must be at a proper landfill or disposal site. 0. Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters a and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the al mowing service to remove any accumulation of debris or objectionable growth to maintain a 5 neat and safe condition. _ Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. I Weeding r= Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be o 2 a Page 14 of 36 61 #16-6610"Annual Contract for Landscape packet Pg. 462 Hannula Landscaping And 16.A.2.b performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. General Site Trimming/Pruning General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10') and below. 0 • Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that median and the entire project. f6 • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained o to twenty-four inches (24") for sight visibility per FDOT Indexes. • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the County's Project Manager/designee or the County's Representative. ce • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn lanes they must be pruned to a height of eighteen inches (18") by October 1st of each year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. 0 • Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a co minimum height of one hundred twenty inches (120") / or ten feet (10'). • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of o twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea is only considered pruning if the heights of the Bougainvillea are maintained to twenty- f° four inches (24") and not at a greater height. • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") 5 and pruned in May of each year or as directed by County's Project Manager or designee. • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. 0 s U a-+ Page 15 of 36 €44 #16-6610"Annual Contract for Landscape Packet Pg. 463 Hannula Landscaping And 16.A.2.b • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and approval of the County's Project Manager/designee or County's Representative. 0 c • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Ts Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. Q as u • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to 0 maintain a one foot (1') of clearance from the edge of the pathway. 0 • It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. 0 • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") To behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be a maintained in the median planting beds, as a pathway for maintenance workers. ,- co co T • Shrubs and plant material shall not grow over the curbing and into the roadway. 0 a. • Shrubs and trimming as described above must be completed in order to submit an w invoice for payment. 3 E • If there are shrubs that are overgrown, growing over the curb or obstructing the view of o vehicular traffic at the end of the month, this line item will not be paid. o • As-built plan information is available through the Growth Management Department, Road Maintenance Division, Landscape Operations section where sightlines are E depicted on the landscape plan. 0 0 w Miscellaneous and Landscape Maintenance Responsibilities co If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as 0, determined by the County's Project Manager and/or designee, they shall be replaced at the Contractor's expense. 0 0 L The Contractor shall provide ramps or other devices to gain access over the curb to all 0 medians. The curb or turf areas shall not be damaged due to gaining access or they will be o furnished and replaced at the Contractor's expense. Q v 0 It shall be the Contractor's responsibility to notify the County's Project Manager or designee 5' of any maintenance problems or additional maintenance needs. _ The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for 5 disease or insect infestation during each week's service to the site. The Contractor shall 0 immediately notify the County's Project Manager or designee should a disease or infestation 0 be found. a t The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site and offsite communication in order to communicate with the County's Project Manager or 0 designee. The Field Supervisor must be able to meet on-site when requested and mus e• e Page 16 of 36 • #16-6610"Annual Contract for Landscape Packet Pg.464 Hannula Landscaping And 16.A.2.b able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. Crew Size ca Each quote from awarded vendor will specify the number of crew members required for eacha. specific project. In the majority of projects, if required, the Contractor shall provide a minimum of six (6) employees when servicing the work site. Depending upon the work requested the crew size may increase or decrease. All work shall be completed within one o (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is w to have the entire segments under this contract completed at the same time. 0 z a 3 0 0 co d 00 00 07 0 L D- 0 U c c Page 17 of 36 CAO #16-6610"Annual Contract for Landscape Packet Pg. 465 Hannula Landscaping And 16.A.2.b a) Category 2 Landscape and Irrigation Maintenance = CC The specifications for Category 2 are services for landscape and irrigation maintenance on a n. weekly, monthly, quarterly services, or on an as needed basis to include, but not limited to, N mowing, weeding, edging, trimming, pruning, side of the right of way (ROW) mowing and edging, street cleaning, median weeding, side of the right-of-way (ROW) weeding, general site 3 trimming, trash removal, and brick paver pressure cleaning, blowing, irrigation checks and .° repairs, street sweeping, herbicide, pesticide, mulching, fertilization, tree pruning, and incidental services. 0 Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other objects on the ground in o the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. th a. Mowing and edging shall include medians and areas along the outside edge of the sidewalks of a adjacent properties, if existing, which are not currently maintained by the property owners. -E Contractor shall ensure all trash and debris is disposed of the same day and areas with I pavement and curbing shall be clear of all grass clippings from mowing. Right-of-way (ROW) mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). 0 E Swale areas must be mowed throughout the entire year. If mowing is not possible and the o swales are full of water, the swales must be addressed at every service to reduce the height of 2 the weeds to 12" above the water. co All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the d equipment to reduce the risk of objects and clippings being thrown onto pavement, vehicles, o and pedestrians. Should bagging be necessary, the bagged clippings shall be collected and 1 removed at no additional cost to Collier County. o Grass shall be cut at a height no less than three and one half inches (3 °/2"). The height of the (et grass blade shall not exceed six inches (6"). The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become c water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +1-) 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 g by their mowers at no additional costs to the County. The Contractor is to avoid mowing in a way that will project grass clippings, small rocks, and miscellaneous debris into oncoming traffic. as Page 18 of 36 C� #16-6610"Annual Contract for Landscape Packet Pg.466 Hannula Landscaping And 16.A.2.b Edging is 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, 2 resulting from edging, shall be removed. No herbicide shall be used for edging. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of F concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, o headwalls, guardrails, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. T. Grass root runners extending into the mulched areas, sidewalks or curbs shall be cut and removed when the edging is performed. Swales and dry retention areas must be mowed and/or weed trimmed. A full singular mowing a service shall include: trash removal, mowing, and edging of the entire project. N Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. a Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all swale areas, and side of right-of-way trash removal. Trash Removal Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. t • Median trash removal and side of right-of-way trash removal for each service for all site g areas shall be cleaned by removing all trash or debris which shall include, but not limited o to the following: paper, bottles, cans, other trash, and horticultural debris. • Disposing of trash and debris must be at a proper landfill or disposal site. 00 00 Street Cleaning Sidewalks, curbing, and gutters to include the four foot (4') area from the face of the gutters and o curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing Q service to remove any accumulation of debris or objectionable growth to maintain a neat and P safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. Weeding Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb 1 joints and other mulched areas by chemical and/or hand removal and must be performed . weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. General Site Trimming Page 19 of 36 (C ,r #16-6610"Annual Contract for Landscape Packet Pg. 467 Hannula Landscaping And 16.A.2.b General site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. C) Q • Shrub pruning should be done consistently throughout each median for all shrub types f that require pruning so that landscape gives the appearance of continuity throughout that 2 median and the entire project. • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FDOT Indexes. 0 U • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') Ta height, shall be inspected and pruned on a weekly or an as needed basis, so as to I maintain the proper or required heights for visibility, vehicular movement purposes and a desired shape or form as determined by the County's Project Manager/designee or the CD o County's Representative. co • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn lanes they must be pruned to a height of eighteen inches (18") by October 1st of each It year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. a • Groundcovers and shrubs shall be maintained at the required height as specified by the o County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a E maximum of eighteen thru twenty-four inches (18"- 24"). 0 • Plant material with a canopy over pathways or sidewalks shall be maintained at a & minimum height of one hundred twenty inches (120") /or ten feet (10'). co co • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea is - only considered pruning if the heights of the Bougainvillea are maintained to twenty-four Q inches (24") and not at a greater height. as 0 • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") cQi and pruned in May of each year or as directed by County's Project Manager or designee. g • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and a approval of the County's Project Manager/designee or County's Representative. • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. Page 20 of 36 cAO #16-6610"Annual Contract for Landscape` Packet Pg.468 Hannula Landscaping And 16.A.2.b • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. {0 • It is recommended that adjacent shrubs and groundcovers be maintained so that they are g angled or are rounded away from the pathway. Q • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") behind 2 the back of curbing in the median behind the irrigation sprinkler head. A one foot to one 2 foot and six inches (1' to 1'6") mulched area from back of the curb shall be maintained in o the median planting beds, as a pathway for maintenance workers. • Shrubs and plant material shall not grow over the curbing and into the roadway. 0 Ta • Shrubs and trimming as described above must be completed in order to submit an 2 invoice for payment. 0 • If there are shrubs that are overgrown, growing over the curb or obstructing the view of vehicular traffic at the end of the month, this line item will not be paid. • As-built plan information is available through the Growth Management Department, Road cc Maintenance Division, Landscape Operations section where sightlines are depicted on 3 the landscape plan. Miscellaneous and Landscape Maintenance Responsibilities o • If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor as determined by the County's Project Manager/designee or County's Representative, mc they shall be furnished and replaced at the Contractor's expense. • The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 00 • It shall be the Contractor's responsibility to notify the County's Project Manager or 3 designee of any maintenance problems or additional maintenance needs. o a • The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for o disease or insect infestation during each week's service to the site. The Contractor shall Li immediately notify the County's Project Manager or designee should a disease orL2 infestation be found. • The Contractor shall have a singular point of contact with cellular phone and e-mail for , on-site and offsite communication in order to communicate with the County's Project 5 Manager or designee. The Field Supervisor must be able to meet on-site when requested 2 and must be able to answer any questions regarding the landscape maintenance for the a, specifications herein. If, Field Supervisor is unavailable there must be a secondary a person who can be available to answer questions and/or make decisions. c. F L 4- Page 21 of 36 C #16-6610"Annual Contract for Landscape Packet Pg. 469 Hannula Landscaping And 16.A.2.b Crew Size When required, Contractor shall provide a minimum of six (6) employees when servicing the 2 work site. Depending upon the work requested the crew size may increase or decrease. All = work shall be completed within one (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at 2 the same time. Crew cts Contractor shall have crew size that is able to meet or exceed the requirements listed in the o specifications with the following: • Crew Leader must be able provide instruction and supervision to crew members in, but not limited to the following: safety procedures, climbing practices, tree pruning, tree U removal, equipment operation and maintenance, electrical hazards, tree anatomy and g identification. • Crew Leader shall maintain a good working relationship with the County and provide the E required documentation (e.g., Division's internal work orders, Notice to Begin Work and contractor's records of completed work for billing purposes) while maintaining high standards of quality workmanship and professionalism. cc L • Crew Leader shall be able to safely operate and maintain all the equipment used in tree maintenance services. 2 w 0 Crew Communication Contractor shall provide a qualified English speaking crew leader/supervisor which shall be present and readily available to Department personnel and during business hours of operation at the work site. E 0 U • Contractor's Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. co• They must be able to meet on-site when requested and must be able to answer any 0 questions regarding the work. L • In the event they are unavailable there must be a secondary point-of-contact who can be a$ available and able to answer questions and/or make decisions. • There shall be no additional charges for attendance at any meeting. • On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the County Department representative, law enforcement, or E' emergency personnel to resolve an emergency. E L • The Contractor's Project Manager or designee shall respond to a telephone or tth emergency email within twenty-four (24) hours. E Page 22 of 36 #16-6610"Annual Contract for Landscape Packet Pg. 470 Hannula Landscaping And 116.A.2.b I a) If a Contractor's designated point of contact does not answer an emergency call, the contractor will be reprimanded through our internal vendor evaluation system for a 2 missed emergency call. b) If a contractor does not respond to three (3) emergency calls within a 12-month period, they will be deemed non-responsive and the contract may be terminated if the County deems it necessary. c) Any exceptions will require approval from the Department representative. d) Post-storm response time shall be as soon as it is safe to go out to the job site. J Palm Trees The specifications listed herein are intended to provide information for Contractor to understand 2 the minimum requirements of Collier County in providing tree maintenance services. The o Contractor may have knowledge and experience in palm pruning. They must adhere to the U ANSI accredited Standards A300 policies and standards, current edition, for pruning, 1 fertilization, supports systems, and other aspects of tree care and ISA Best Management Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree a and/or root structure, and diseases. o t CO Contractor may have a certified arborist on staff to supervise and direct field personnel to ensure that all work is completed per specifications to include, but not limited to, palm and tree lit maintenance services, tree and palm planting and staking, palm tree de-booting (cleaning), - stump and root grinding. The services performed herein shall consist of the Contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor and 0 supervision for the County's Divisions. 0 Palm Maintenance Divided into three (3) categories: 1. Palm Pruning; 2. Stump and Root Grinding; and 3. De-boot (clean) Palm Trees. E • Palm Pruning Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms may be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods. - a, a. Live healthy fronds should not be removed. If they must be removed avoid removing .. those that initiate above horizontal. Fronds removed should be severed close to the rcaL petiole base without damaging living trunk tissue. b. Only those fronds with petiole drooping below horizontal 9:00-3:00 position should be um removed. All seed pods should be removed including those originating among 5 remaining fronds. When removing fronds and seedpods, care should be taken so those frond that are to remain are not nicked or wounded. z c. Climbing spikes shall not be used to climb palms for pruning. • Stump and Root Grinding E Proposer must have technical knowledge, ability, and experience in grinding of stumps and roots to remove the root system and stump. ra Page 23 of 36 � #16-6610"Annual Contract for Landscape Packet Pg.471 Hannula Landscaping And 16.A.2.b 0) • Deboot (Clean) Palm Trees (When required) When required, de-booting or slicking of palm trees is the removal of boots along the trunk of 2 a palm. Complete boot removal and disposal of debris. Ornamental & Turf Spraying Proposers shall be responsible for scouting pests and landscape diseases and providing N analysis for correcting and maintaining the landscape. 0 Methods of Application One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Insecticides Y should be alternated from time to time to prevent an insect resistance to the application. • Herbicides used in turf areas shall be applied at the proper pressure. z • Turf herbicides shall not be applied when the daily temperature exceeds eighty-five (85) o T degrees. • Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of a Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. let • Spray applications shall be applied during times of "No-Wind" conditions. 0 • No trucks or tractors with bar type tires or a gross weight greater than three thousand o (3,000) pounds will be allowed within or on the median areas. • At time of application, provide and place, traffic control meeting Florida Department of g Transportation, M.U.T.C.D and Indexes and the County MOT. • All spray applications shall contain a wetting agent within the mix when recommended by the label or County's Project Manager or designee. 00 • The pH of water used in mix must be adjusted to meet pesticides manufacture 0 recommendation and water pH and method must be documented and provided to 0 County's Project Manager or designee. Q • Ferrmec AC 13-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred °¢ (100) gallons of water to be added with each application of insecticide, fungicide and herbicide. Application must be pre-approved by County's Project Manager or designee. Materials List All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant materials shall be submitted in writing to the County's Project Manager or designee for review and approval after the award. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. (Chemical application plan shall be developed, and the County's Project Manager or designee will review the chemical application plan, making necessary recommendations where appropriate.) U Application of Fertilizers Page 24 of 36 CCS #16-6610"Annual Contract for Landscape Packet Pg.472 Hannula Landscaping And 16.A.2.b • Fertilizer material may be furnished by the Contractor or be purchased directly by each Division under a Collier County Annual Contract and pickup at the Collier County facility. . • Fertilization shall be completed as specified in the Purchase Order or the Notice to Begin Work (NTBW) at the end of the fertilization month. J • Any variation of this schedule needs to be pre-approved by the County's Project Manager o or designee; failure to do so may result in non-payment. cti 0 • The application of fertilizers must be scheduled in advance in order to coordinate with the maintaining contractor to insure that turf is mowed prior to fertilization and not after or 2 during a mowing operation. • Application Rate: For the slow or controlled release fertilizer, the fertilizer shall be applied F3 at a rate of 1.5 lbs. per 100 square feet. It shall be broadcasted throughout the median planting beds and turf area. u_ • For the slow or controlled release fertilizer, the fertilization shall be performed two times a year in the months of March and October when using the six month application rate. The ci applications shall be made before or after the rainy season. 0 w • All fertilizers shall be removed from curbs and sidewalk areas immediately to avoid staining. E • Shrubs, groundcovers, and all plant material shall be evenly broadcast throughout the o bed. The excessive fertilizer on plants shall be blown or fan raked off. Post Award Submittals The Contractor shall provide at contract execution an overall written document outlining their z pest and spray program that shall incorporate ant and rodent control and shall meet or exceed E the following minimum standards: o L • Provide an initial plan that describes the Contractor's procedures, methods, and m techniques that will enhance the environment and address the pest and spray program a for the specific plants, shrubs, and grasses within the project limits. • Upon reviewing all plant material including trees and palms the contractor shall be required to recommend their plan to remove any detrimental pest from the landscape or eliminate fungus. E • The Contractor shall provide maximum protection for the health, safety, and welfare of the public and the environment in their plan development. • Include a listing of all chemicals recommended for use on the plants within the project limit. tV • The Contractor's license holder shall make on-site inspections and provide written reports to the County's Project Manager or designee at each spray occurrence. Page 25 of 36 c`10 #16-6610"Annual Contract for Landscape Packet Pg.473 Hannula Landscaping And 16.A.2.b a) 0 _ a) Records must be kept of all applications. cccc b) Documentation shall include but not limited to: 1) date and time of application, weather conditions at time of application; 2) The product that was applied; 3) 2 Applicator's name that applied the product. Note: Item 1) — 3) shall be included 2 with the monthly invoice for payment. _ Chemical Records Documentation J Records of all applications shall be kept according to state or federal regulations. According to 0 the Department of Environmental Protection, the Records may include, but are not limited to, the following information: w 0 • Application date and timeTa • Applicator's name = • Personnel that is directing or authorizing the application c • Application weather conditions at the time of application o • Target pestCD • Chemical used (trade name, active ingredient, amount of formulation, amount of water) th • Adjuvant/surfactant and amount applied, if used a. • Area treated (acres or square feet) and location c72 c • Quantity of pesticide used 3 • Application equipment I • Any Additional remarks, such as the severity of the infestation or life stage of the pest 0 • Follow-up date to check the effectiveness of the application. (13 -10 Work Area Preparation/Inspection c When preparing the work area, the Contractor must protect groundcover and any landscape 1 material within the work area. If plants, shrubs, trees, grass or foliage die due to neglect or 8 damage by the Contractor, Contractor's employees, or Subcontractor as determined by the ' County's Project Manager or designee they shall be furnished and replaced at the Contractor's expense. co z. • The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will Q be replaced at the Contractor's expense. rel 0 • It shall be the Contractor's responsibility to notify the County's Project Manager or designee of any diseased or sick palms and trees or additional pruning or corrective s measures needed. _c I • The Contractor shall perform inspections on all trees and palms for disease or insect i infestation during the site visit or service to the site. The Contractor shall immediately ? notify the Project Manager or designee should diseases or infestations are found and recommend an appropriate treatment per the Contract requirements. a a: • The Contractor shall remove all trimmed and fallen debris the day of service and not m stock pile debris in planting beds. e Page 26 of 36 (-4°5J #16-6610"Annual Contract for Landscape Packet Pg.474 Hannula Landscaping And 16.A.2.b I CD If required by the County's Project Manager: Work Order and Notice to Begin Work E (NTBW) —This section may not be applicable for all projects. •a, Growth Management Department, Road Maintenance Division, utilizes Cartegraph, an Operations Management System (OMS), which generates work orders in the scheduling of preventive maintenance, organizing and tracking inventory, and manages equipment costs . while providing advanced reporting and analytics. asa) Prior to the Contractor proceeding with the services, the County's Project Manager or designee shall generate work order(s) on an "as needed basis" for services that will be i performed for specified month. The County's Project Manager or designee shall notify o the Road Maintenance Contract Administration Specialist or designee to generate the V NTBW. b) The Contract Administration Specialist, or designee, will email the Contractor the NTBW a and associated work orders for services to be performed within the month. This notice is o the Contractor's authorization to proceed with work as outlined on the NTBW and work order(s). The NTBW will have a Purchase Order number, commencement date and a completion deadline for the work that is being requested. No work shall commence unless an NTBW has been issued authorizing the work. -o If required by the County's Project Manager, Contractor's Weekly Work Contractor shall email a weekly work schedule to the County's Project Manager or designee or c designee on Friday morning no later than 7:00 a.m. The schedule shall indicate the service 2 locations and date/times. - Please note: Any changes to the work schedule shall be made in writing twenty-four (24) hours E in advance of the next work day or no later than 7:00 a.m. of the work day and emailed to the County's Project Manager or designee. Co Meetings On a requested basis the pest control licensee must meet with County's Project Manager or -a designee to review Integrated Pest Control program and inspect sites as applicable. At the end ; of each month, a new calendar (mock schedule) indicating recommended services must be a submitted to the County's Project Manager or designee. 0 The calendar will serve as a mock schedule of what may be needed the following month. 0 The County's Project Manager or designee will review the recommendations and will issue a work order, Notice to Begin Work (NTBW) for that calendar month. 4 If required by the County's Project Manager, Billing Requirements All spraying applications shall be billed on a monthly basis and include the following information: a) Specify roadway segment and/or plant material sprayed. b) The price must include pick up of the pesticide or fertilizer at 4800 Davis Blvd for GMD-RM or pick up of material at North Collier Regional Park 15000 Livingston Road. Cop Page 27 of 36 #16-6610"Annual Contract for Landscape packet P 475 Hannula Landscaping And g• 16.A.2.b m c) Labor to install material. _ d) Pesticide documentation must be submitted with invoice. If the documentation is not 2 provided payment will be delayed until documentation is submitted. c 2 Weekly Schedules °' The County's Project Manager or designee will need to be provided weekly schedules for Field y application, no later than Friday prior to the following service week (e.g., submit schedule on .a Wednesday or Friday for the following Monday service). Must be notified in advance, in writing, 3 and be provided a schedule of where the contractor will be, so that an Inspector can be on-site. 8 When it becomes necessary for the Contractor to return for additional spraying as directed by al the County's Project Manager or designee, or designated representative, due to non- o performance of a required application, such additional spraying shall be performed at no cost toTa the County. c c a When specified in the specifications, Chemical Pick Up and Drop Collier County, Growth Management Department, Road Maintenance Division shall provide the E- chemicals that will need to be picked up by the Contractor at the facility located at 4800 Davis Blvd between the hours of 8:00 am and 3:30 pm. (See Collier County Growth Management :- Division's, Division's, Standard Operating Processes(SOP) attachment. cc P_ a) The hours can be subject to change by County depending on staff availability. If the 3 contractor would like to propose a different time, it can be changed subject to 0 mutual approval. c b) If there are chemicals remaining at the end of day, they must been returned to the co pickup facility within that facility's hours of operations. _ CI Note: Parks and Recreation sites for chemical pickup and drop off will be at the North Collier o Regional Park, 15000 Livingston Road, or as agreed upon with a Park representative between the hours of 8:00 am and 3:00 pm. cc 00 Safety 00 Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 , Safety Standard for arborists and their employees engaged in arboricultural operations for o safety requirements to include but not limited to: general safety, electrical hazard, use of Q vehicles and mobile equipment, portable hand tools, hand tools and ladders, and work procedures. Contractor shall ensure equipment is OSHA approved and employees have been °a trained to perform services per OSHA guidelines. co Repairs/Damages c Contractor shall be responsible in promptly repairing damages caused by Contractor's employees. All expense incurred shall be the Contractor's responsibility. c Quality of Plant Materials All plant material shall be Florida Grades & Standards#1 or better. a.: t Turf Origin and Quality E All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and v shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and! e40 ZC Page 28 of 36 #16-6610"Annual Contract for Landscape packet Pg.476 Hannula Landscaping And I6.A.2.b laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. rts All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, and date and time the sod was cut and loaded. Sod shall be delivered to the specified d site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than one (1) ig hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a grade other than the Premium Grade specified in this Contract shall not establish a lesser standard or relieve L the Contractor of providing the Premium Grade sod as specified for the duration of the Contract ' period. U Premium Sod Sand Grown: Turf grown on 90% natural sand. Muck Grown: Turf grown on soil containing 50% or greater amounts of organic materials by E volume. CD CD Each sod pad shall be insect and disease free, be vigorous and have healthy green color in appearance. The top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be weed free, but in no case shall the weeds exceed two percent (2%) of 0 the total sod pad. 0 Pad Size: Individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5%). Broken or uneven ended pads will not be accepted. E Pad Thickness: Thickness of the cut sod shall be to the industry's standard, but in no case r2 shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and . shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the g pad section without tearing apart. U Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, or loose so that it will not hold its shape, and/or if it is hydrophobic in nature. Pressure Cleaning Brick Pavers All median brick curbing, brick paving, sidewalks, and paving areas may be pressure cleaned to 2,3 remove tire marks or other dirt which may be deposited on the surface areas. Sealing of paving areas may be at the direction of the Project Manager or designee on a time and material ; basis. : Y Page 29 of 36 #16-6610"Annual Contract for Landscape Packet P 477 Hannula Landscaping And g 16.A.2.b Upon finding damage to the brick curbing or paving, the County's Project Manager or designee 2 needs to be immediately notified. After notification, t]he Contractor shall clean-up debris if d present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The ' Contractor shall submit a bid as soon as possible for repair or replacement of the damaged 2 brick curbing or paving areas. Repairs to the brick curbing and paving will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided by the County. All additional expenses must be pre-approved by the Project Manager. County's Project Manager may use other contractor to 3 replace and/or repair pavers. Mulching c6 Organic Mulch: Areas with no mulch or new planting areas shall have mulch placed to provide o for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Non-Organic Mulch: Landscape areas to receive non-organic mulch such as washed shell or o gravel shall have the mulch placed to a three inch (3") non-compacted depth. Re-mulching or top dressing of non- organic mulch areas shall be performed to ensure a three inch (3") a depth is maintained. u.u. Re-mulching of plant beds and individual plant mulch rings shall have a two inch (2") non- compacted layer of mulch applied once a year during the months of September and October o (application to be finished by November 1st). Mulch distribution within a tree or palm area shall o begin six inches away from the trunk of the tree or palm. Mulch shall not be piled against any plant branches or trunks. Prior to the re-mulching the Contractor shall turn and mix all the existing mulch in all medians and right-of-way areas. Miscellaneous and Landscape Maintenance Responsibilities If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees as determined by the County's Project Manager or designee, they E shall be furnished and replaced at the Contractor's expense. a The Contractor shall provide ramps or other devices to gain access over the curb to all L medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. It shall be the Contractor's responsibility to notify the o County's Project Manager of any maintenance problems or additional maintenance needs. Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the purchasing ordinance. Should additional costs be involved which are not x covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor I and County's Project Manager prior to performing additional services. e" E The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the County's Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. U co Page 30 of 36 #16-6610"Annual Contract for Landscape Packet Pg.478 Hannula Landscaping And 16.A.2.b The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site and offsite communication in order to communicate with the County's Project Manager and or 2 designee. Landscape and irrigation schedules are to be submitted through email to the County's Project Manager and or designee, the Friday before the work week. Any changes to the work 2- schedule are to be made 24 hours in advance of the next work day or by 7:30 am the morning of a the change. Upon award of a project, the removal of existing tree and palm staking will be the responsibility J of the contractor as part of Basic Maintenance. Plant Material Replacement Incidentals Plant material replacements quoted unit price shall include in the unit price: o • Provide Florida Grades and Standards#1 plant material, delivery and labor to install. c) • Disposal of existing material and debris z • Staking if needed to include labor and material • Installation of 2 bubblers for trees and palms • Modification of existing irrigation and adjustments for 100% coverage • Hand watering or water truck when irrigation is not functional or if it does not exist. • Hand watering at planting for stabilization u_ • Labor to install 2" of replacement mulch • Provide one year warranty on all materials R • Includes all dumping fees • Maintenance of Traffic • Written notification of the controller and zone number and recommended watering schedule through establishment E Irrigation Systems—Weekly Service Requirements 0 Contractor's irrigation Project Manager shall review the system and submit a recommended watering schedule as it pertains to the irrigation plan for the contracted area. The landscape v Contractor will provide documentation in writing and shall include any changes or recommendations. Any subsequent recommended changes shall be recorded on the "Irrigation -a Schedule" (see attachment). o 2 • If the Contractor does not review the irrigation and provide this documentation, work m shall not start until the Contractor accepts full responsibility and approves the < scheduling and usage appropriated by the County. The Contractor will be expected to update and coordinate the watering schedules with the Collier County Irrigation Project 2 Manager or designee as required for monitoring purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All irrigation requests shall be = made in writing. E • Upon notification to begin work, the Contractor shall review all irrigation systems and notify the County's Project Manager or designee of any existing problems. .;r • Notification to the County's Project Manager is required when acts of vandalism or f accidents have occurred to the irrigation system. Photos shall be taken and provided Page 31 of 36CO #16-6610"Annual Contract for Landscape Packet Pg.479 Hannula Landscaping And I6.A.2.b to the County's Project Manager at no added cost. A police report must be filed and a copy sent to County's Project Manager. • Use only County approved replacement parts, and only matched precipitation head replacements. Use only County approved replacement parts, and only matched Q. precipitation head replacements. All irrigation parts shall be supplied by Collier County under an annual bid or as specified. • Collier County will maintain the reclaimed water signage if existing. The Contractor shall o observe the irrigation system as it pertains to plants and spray coverage and report any observed field problems when they occur. 0 • All services listed under this Section shall be covered in the Contract Bid item "Irrigation System" cost under Weekly Maintenance Functions. CD a or y� 7 0 Qct cG QMMH LCL. ao co fC 0 U ca a) Page 32 of 36 #16-6610"Annual Contract for Landscape packet Pg.480 Hannula Landscaping And 16.A.2.b a) U Category-4' Advanced Irrigation On-Call Services & Repairs e. 2 as as Watering Schedule -0 Prior to issuance of the Notice to Begin Work, the Contractor's irrigation Project Manager shall review the system and submit a recommended watering schedule as it `o pertains to the irrigation plan for the contracted area. The landscape Contractor will provide documentation in writing and shall include any changes or recommendations. Any subsequent recommended changes shall be recorded on the "Irrigation Schedule" 0 (see attachment). 70 If the Contractor does not review the irrigation and submit the irrigation schedule documentation, then the Notice to Begin Work will not be issued until the Contractor o accepts full responsibility and approves the scheduling and usage appropriated by the County. Be aware that you will be expected to update and coordinate the watering schedules with the Collier County Irrigation Project Manager as required for monitoring a purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All irrigation request shall be in writing. 3 Upon issuance of a "Notice to Begin Work", the Contractor shall review all irrigation 0 systems and notify the Project Manager of any existing problems. 0 Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the Project Manager at no added cost. A police report must be filed and a copy sent to Project Manager. • All irrigation parts shall be supplied by Collier County under an annual bid. • Use only County approved replacement parts and only matched precipitation head `. replacements. 0 • Collier County will maintain the reclaimed water signage if existing. o • The landscape Contractor shall observe the irrigation system as it pertains to plants Q and spray coverage and report any observed field problems when they occur. Conventional Pop-Up Sprinkler Systems co Labor costs for these listed irrigation services and minor system repairs shall be included in the Contract Bid Unit Pricing. Materials will be purchased by Collier County through an annual vendor. Weekly Service Requirements The Contractor shall complete the "Irrigation System Checklist Weekly Requirement" 0 sheets on a weekly basis. The Report Sheets shall be signed and submitted on a weekly basis to the Project Manager for review and approval as to completeness and must be provided before the ending of the work day Friday or beginning of the work day on Monday F and may be faxed, e-mailed or hand-delivered. Check list should include all findings as part of the weekly irrigation checks and watering requirements. Collier County reserves Page 33 of 36 #16-6610"Annual Contract for Landscape Packet Pg.481 Hannula Landscaping And 16.A.2.b the right to reject payment request for these services if checklist is not provided on a timely u basis. The irrigation system checklist weekly requirement form must be filled out in its 0 2. entirety and must include all irrigation parts purchased with corresponding packing slip information from the County approved supplying vendor. 76 a c. ca U N • Visual inspection of the irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded13. areas exist, and repair as necessary. R • Valves can be operated manually at the valve box, the surge board toggle, or at the 5 controller. The operation switch shall be returned to the "automatic" position after To service. Failure to do so may create a hazardous road condition because of c uncontrolled irrigation water running outside of the programmed schedule. The Q contractor will be fined $110.00 for each occurrence (Calculated for 2 irrigation o crew members at a labor rate of$55.00/hour.) CDCD 6 • Automatic Control Valve Assemblies and Quick Coupling Valves work a requirements are to: Open zone control valve assemblies' boxes to inspect valves for leaks and proper settings. The valve boxers shall be clean and free of 2 debris, leaves, and mulch. Quick coupling boxes shall be checked to make sure I that they free of debris and foreign objects. Keep all grass and mulch out of all o valve boxes. All valve boxes in sod areas to be kept at sod level. All valve boxes in c plant beds to be kept two inches (2") above finished mulch level. County, upon approval, will supply the valve boxes to reach the specified height. 0 E • All cuts, leaks or other piping damage found to be caused by the Contractor's o personnel or subcontractors performing services in the landscape areas shall be U repaired immediately at no cost to the County. Replacement of damaged valve boxes/lids is required if caused by the Maintenance Contractor. co r • Upon acceptance and through the duration of the maintenance contract, the 0 contractor is to provide an irrigation watering schedule based on the watering needs L of the existing plants in each zone. The contractor shall identify the following: 1. Q Wet and dry zones, 2 . Plant and turf decline, and 3. Plant infestation in trees, o palms, shrubs, groundcover, and turf. a v These observations must be written in the irrigation report. Immediately advise the c project manager and irrigation project manager of the condition and provideco immediate solutions. If the procedure is not followed and the plants are damaged or die-off has occurred, it shall be the contractor's responsibility to replace at cost to the County. Q • All Minor Repair labor cost shall be included in the weekly irrigation function line item. Minor repairs include: The replacement of reads, decoders, nozzles, and solenoids. The installation or replacement of risers. The repair of lateral PVC pipe 0 or funny pipe breaks and clear any restricted sprinkler lines. 0- 40 Page 34 of 36 #16-6610"Annual Contract for Landscape Packet Pg.482 Hannula Landscaping And 16.A.2.b a> Minor Irrigation Repairs Minor irrigation repairs shall include, but not limited, to the following items below. Contractor shall review the irrigation system and repair any blown-off heads, broken lines, and leaks around heads or valves. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. CL tn • The Contractor shall further clean and adjust all sprinkler heads and nozzles to ensure that all landscaped areas receive total one hundred percent (100%) irrigation coverage and heads are not spraying onto roadways or walkways. ns • If a longer nozzle is required contractor shall change nozzle. o • Replace defective and/or broken heads or nozzles, install or replace defective and/or broken risers and repair minor breaks or restricted sprinkler lines. z • Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. a • Minor repairs include replacement of heads, nozzles, decoders, and solenoids; installation or replacement of risers; repair of minor/lateral PVC piping breaks or a subsurface piping or restricted sprinkler lines, replacement of damaged valve Et boxes/lids, necessary for proper and safe operation of the systems. • All minor repairs labor cost shall be reflective in the irrigation weekly function line item. o Major Irrigation Repairs 7 Major irrigation repairs to the irrigation systems shall include, but not limited to: • Repairs to valves, controllers, electrical wiring, and main lines. o cc • These repairs are not included in weekly irrigation functions and shall be priced out separately or may be fixed by other. co Irrigation additional repair costs Should additional costs be involved which are not covered within the Contract o Specifications, a Unit Cost shall be agreed to by the Contractor and the Project Manager Q prior to additional services being performed. o Communication (11 The irrigation service personnel shall have on-site two-way hand-held communications or phone during all weekly/monthly services and/or inspections. There shall always be an irrigation crew of two at the time of service. Crew Size/Man Hours When required, a Contractor shall provide with each site visit a minimum of two personnel with each weekly service of the work areas. The work shall be completed within one visit, if necessary consecutive day visit may follow. Purpose is to have the entire segments under this contract completed at the same time. Contractor will be providing to satisfactorily perform the requirements of this Agreement. 0 co Page 35 of 36 #16-6610"Annual Contract for Landscape Packet Pg.483 Hannula Landscaping And 1 6.A.2.b General Maintenance Report The Contractor shall complete the General Maintenance Report Sheets (GMRS) on a weekly basis. The GMRS original form will be provided to the Contractor for reproduction purposes. The GMRS shall be signed and submitted on a monthly basis prior to monthly billing to the Department's appointed representative for review and approval as to completeness. • The Contractor will also be required to conduct on-site inspections with the Project Manager or Department's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. • A weekly schedule is also required and shall be submitted to the Project Manager before the beginning of the work day on Monday and may be faxed, e-mailed or hand-delivered. The schedule shall indicate the days and service location and must include when irrigation checks are scheduled. 1a L 0 ca 0 W CO O L Q. Q f6 0 01; Q1 d.+ /l/ 1J Page 36 of 36 #16-6610"Annual Contract for Landscape Packet Pg.484 Hannula Landscaping And 16.A.2.c 0 AGREEMENT16-6610 for o ' U Annual Contract for Landscape Maintenance THIS AGREEMENT, made and entered into on this day of 2016, by and between Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, CD authorized to do business in the State of Florida, whose business address is 3980 Exchange Avenue, Naples, Florida 34104, (the "Contractor") and Collier County, a political subdivision a of the State of Florida, (the "County"): 0 WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing o on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the E consent of the Contractor, renew the Agreement under all of the terms and conditions o contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement l00 term prior to the end of the Agreement term then in effect. 00 co The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor a written notice of the County's 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 a total of eight (8) firms qualified and awarded an Agreement. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following categories: Category 1: Basic Landscape Maintenance; Category: 2 Landscape & Irrigation; and Category 4: Advanced Irrigation The Contractor shall provide landscaping maintenance services in accordance with the o terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures Q in effect at the time such services are authorized. E Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors Page 1 of 35 #16-6610"Annual Contract for Landst Packet Pg.485 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the o Contractor that submits the lowest responsive quote. t L c 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of 0 the Work pursuant to the quoted price offered by the Contractor in the response to a Tz specific Request for Quotation pursuant to the Price Methodology in Section 3.1. c r. 3.1 Price Methodology: o to Time and Materials: The County agrees to pay the contractor for the amount of labor to time spent by the contractor's employees and subcontractors to perform the work a. (number of hours times hourly rate), and for materials and equipment used in the project re (cost of materials plus the contractor's mark up). This methodology is generally used in 2 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 o business practice, these contracts include back-up documentation of costs; invoices o 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. E E 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, ce including labor, materials, equipment, overhead, etc.) for a repetitive product or service 00 delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The co invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 0 0 3.2 Any County agency may purchase services under this Agreement, provided a sufficient funds are included in their budget(s). o a o 3.3 Payment will be made upon receipt of a proper invoice and in compliance with 0 Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment C Act." Payments will be made for services furnished, delivered, and accepted, upon C receipt and approval of invoices submitted on the date of services or within six (6) •c months after completion of the Agreement. Any untimely submission of invoices beyond 2 the specified deadline period is subject to non-payment under the legal doctrine of 0 "laches" as untimely submitted. Time shall be deemed of the essence with respect to the J 03 timely submission of invoices under this Agreement. 0 Li 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the E' performance of the Work. Collier County, Florida as a political subdivision of the State E of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 0) 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. E s 0 CI :c E;61® Page 2 of 35 #16-6610"Annual Contract for Lands Packet Pg. 486 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: "r) f6 .F+ Florida Land Maintenance, Inc. 0 d/b/a Commercial Land Maintenance 3980 Exchange Avenue Naples, Florida 34104 Attn: Robert Kindelan, President Telephone: (239) 643-6205 Facsimile: (239) 643-5012 RKindelanCa�commlandmaint.net a u_ All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 0 Collier County Government Center r Procurement Services Division 3327 Tamiami Trail, East E Naples, Florida 34112 0 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480co co The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in 2 writing. a 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. d 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal Page 3 of 35 C�`® #16-6610"Annual Contract for Lands( Packet Pg. 487 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of ri the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any 3 such violation, conduct, or practice to the satisfaction of the County within twenty-four 6 (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence a operation during the suspension period until the violation has been corrected to the 0 satisfaction of the County. 9. TERMINATION. With respect to this Agreement, should the Contractor be found to I have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a 2 particular Project, termination shall be governed by the terms of the Purchase Order. o 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as 2 to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: CD A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 2 a.B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per o Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. es C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for 3 each accident. Special Requirements: Collier County Government shall be listed as the Certificate ", Holder and included as an Additional Insured on the Comprehensive General Liability 5 Policy. Current, valid insurance policies meeting the requirement herein identified shall be <c maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire w until the greater of: ten (10) days prior written notice, or in accordance with policy a Page 4 of 35 #16.6610"Annual Contract for Land, Packet Pg. 488 Florida Land Maintenance,Inc.d/b/a Commerce 16.A.2.c provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material o change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. 0 Contractor shall ensure that all subcontractors comply with the same insurance Tts requirements that Contractor is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 CD attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this a. 11. Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this 2 Agreement. This indemnification obligation shall not be construed to negate, abridge or o reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. E This section does not pertain to any incident arising from the sole negligence of Collier g County. 12.1 The duty to defend under this Article is independent and separate from the duty to E indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor County and any indemnified party. The duty to defend arises immediately d upon presentation of a claim by any party and written notice of such claim being provided o to Contractor. Contractor's obligation to indemnify and defend under this Article will Q survive the expiration or earlier termination of this Agreement until it is determined by final o judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with as the performance of services required hereunder. Contractor further represents that no 43 persons having any such interest shall be employed to perform those services. g- 15. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the E' following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, Exhibit A—Scope if Work and subsequent quotes. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between 1 the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. cdo Page 5 of 35 #16-6610"Annual Contract for Land, Packet Pg. 489 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual o shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County U Administrative Procedure 5311. Violation of this provision may result in one or more of 73 the following consequences: a. Prohibition by the individual, firm, and/or any employee c of the firm from contact with County staff for a specified period of time; b. Prohibition by a the individual and/or firm from doing businesswith the County for a specified period of 0 time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. to a 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the w Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including 2 but not limited to those dealing with the Immigration Reform and Control Act of 1986 as c located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be f amended; taxation, workers' compensation, equal employment and safety (including, but 2 .not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida E Public Records Law Chapter 119, including specifically those contractual requirements 0 at F.S. § 119.0701(2)(a)-(b) as stated as follows: 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE F APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO a THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS 2 AT: 0.as Communication and Customer Relations Division a 3299 Tamiami Trail East, Suite 102 0 Naples, FL 34112-5746 Telephone: (239) 252-8383 coco The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the 3 service. 2. Upon request from the public agency's custodian of public records, provide the O public agency with a copy of the requested records or allow the records to be Li inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. E 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized a by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. c 4. Upon completion of the contract, transfer, at no cost, to the public agency all c public records in possession of the Contractor or keep and maintain public Y records required by the public agency to perform the service. If the Contractor (c1) Page 6 of 35 #16.6610`Annual contract for Land: Packet Pg.490 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or o confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws o. referenced herein shall constitute a breach of this Agreement and the County shall have re the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages 2 and agrees to the successful proposer extending the pricing, terms and conditions of o this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. E 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Co 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to 7- 15, this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. L SZ 22. PAYMENTS WITHHELD. The County may decline to approve any Application for `a Payment, or portions thereof, because of defective or incomplete work, outstanding a punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this g Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective 2 Work not remedied; (b) third party claims failed or reasonable evidence indicating 2 probable fling of such claims; (c) failure of Contractor to make payment properly to . subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work a can be completed for the unpaid balance of the Contract Amount; (e) reasonable `o indication that the Work will not be completed within the Contract Time; (f) unsatisfactory 1 prosecution of the Work by the Contractor; or (g) any other material breach of the 5 Contract Documents. If any conditions described above are not remedied or removed, the County may, after a three (3) days written notice, rectify the same at Contractor's expense. 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. vo Page 7 of 35 #16-6610"Annual Contract for Land, Packet Pg. 491 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c 24. CHANGES IN THE WORK. The County shall have the right at any time during the L progress of the Work to increase or decrease the Work. Promptly after being notified of o a change, Contractor shall submit a quote of any cost or time increases or savings it ti foresees as a result of the change. Except in an emergency endangering life or 5 property, or as expressly set forth herein, no addition or changes to the Work shall be o made except upon written order of by the County, and the County shall not be liable to a the Contractor for any increased compensation without such written order. No officer, c employee or agent of the County is authorized to direct any extra or changed work a orally. Any modifications to this Agreement shall be in compliance with the County's o Procurement Ordinance and Procurement Procedures in effect at the time such to modifications are authorized. :° a aL 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the i County that any materials and equipment furnished under the Contract Documents shall .2 be new unless otherwise specified, and that all Work shall be of good quality, free from c all defects and in conformance with the Contract Documents. C a) Contractor further warrants to the County that all materials and equipment furnished E under the Contract Documents shall be applied, installed, connected, erected, used, 0 cleaned and conditioned in accordance with the instructions of the applicable 12 manufacturers, fabricators, suppliers or processors except as otherwise provided for in 00 the Contract Documents. 00 If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after 2 receipt of written notice from the County. Contractor shall also be responsible for and a pay for replacement or repair of adjacent materials or Work which may be damaged as a o result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. c c0 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. a The Contractor shall employ people to work on County projects who are neat, clean, c well-groomed and courteous. Subject to the American with Disabilities Act, Contractor 2 shall supply competent employees who are physically capable of performing their 31 employment duties. The County may require the Contractor to remove an employee it J deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the 16 it County. Y 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, CD ordinances, rules or regulations of any public authority having jurisdiction over the 2 Project requires any portion of the Work to be specifically inspected, tested or approved, a Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or g approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. w Page 8 of 35 #16-6610"Annual Contract for Lands Packet Pg.492 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c 28. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If . Contractor or anyone for whom Contractor is legally liable is responsible for LI any loss or damage to the Work, or other work or materials of the County or 1-1 County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. o B. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, a. for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 0 0 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from County is obligated to act to prevent E threatened damage, injury or loss. Contractor shall give the County written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. co co If the County determines that a change in the Contract Documents is required because 2 of the action taken in response to an emergency, a written Order shall be issued to o document the consequences of the changes or variations. a If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Er Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. cti 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by = this Agreement to resolve disputes between the parties, the parties shall make a good 2 faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by . County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the 0 commencement of depositions in any litigation between the parties arising out of this u Agreement, the parties shall attempt to resolve the dispute through Mediation before an E' agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at rze mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation c) under section 44.102, Fla. Stat. .z a- It Page 9 of 35 #16-6610"Annual Contract for Lands Packet Pg. 493 Florida Land Maintenance,Inc.d/b/a Commercia, 16.A.2.c 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor Q shall assign as many people as necessary to complete the required services on a timely 7,3 basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. a. re 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), theco Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. o 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shallco require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. co 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as 0 amended. Background checks are valid for five (5) years and the Contractor shall be o responsible for all associated costs. If required, Contractor shall be responsible for the Q costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them E' available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government a Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and .o can be renewed each year at no cost to the Contractor during the time period in which it their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS©colliergov.net) whenever an employee assigned to cic Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four E (4) hours of separation may result in a deduction of$500 per incident. 0 1O Page 10 of 35 #16-6610"Annual Contract for Land. Packet Pg.494 Florida Land Maintenance,Inc.dlbla Commercia 16.A.2.c IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS 0 ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (SEAL) U. Florida Land Maintenance, Inc. d/b/E Commercial Land Maintenance 0 Contractor o f R 13 _ By: E First Witness Signature 0 TType/print witness nameTType/print signature and titleT re Second Witness > 0 TType/print witness nameT Q l3 proved as to Form and Legality: a sistant County Attorney J Print Name 4 _ a) E a) m L _ a1 E q d `Zc Page 11 of35 #16-6610"Annual Contract for Lands Packet Pg. 495 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c Exhibit A SCOPE OF WORK Category 1T. Basic Landscape Maintenance E, 0 0 Technical Specifications The specifications for Category 1 include, but not limited to, median mowing and edging, side a of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the o right- of-way weeding, general site trimming, trash removal, and brick paver pressure cleaning. Subcontractors are not authorized to perform services for this category. tsS U- Mowing and Edging cc Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous 2 objects on the ground in the service area to include the right-of-way. The number of mowing o services may be modified by the County's Project Manager or designee depending upon r seasonal conditions. • Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from mowing. • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to 2 eL the right-of-way line (in most cases the wooden power poles). 0 • Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be 7 kept on the equipment to reduce the risk of objects and clippings being thrown onto J pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. • Grass shall be cut at a height no less than three and one half inches (3 'A"). The height ,. of the grass blade shall not exceed six inches (6"). • The Contractor shall use or alternate mowing practices, patterns, or equipment within , narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf `� that become water soaked during the period of this Contract 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 Y responsible for repairing any ruts caused by their mowers at no additional costs to the E Page 12 of 35 #16-6610"Annual Contract for Land: Packet Pg. 496 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c County. The Contractor is to avoid mowing in a way that will project grass clippings, small rocks, and miscellaneous debris into oncoming traffic. • Edging is 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 71 3 edging. • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. CD O. • Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted 3 along back of curbing. Grass root runners extending into the mulched areas, sidewalks or curbs shall be cut and removed when the edging is performed. S 0 • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular mowing service shall include: trash removal, mowing, and edging of the entire project. • Medians full mowing service shall include: median mowing and edging and median 0 trash removal for the entire site. co • Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all swale areas, and side of right-of-way trash removal. Trash Removal 2 Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. • Median trash removal and side of right-of-way trash removal for each service for all site c) areas shall be cleaned by removing all trash or debris which shall include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris. a) • Disposing of trash and debris must be at a proper landfill or disposal site. Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters re and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the .o mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. .tt Weeding Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be a 0 Page 13 of 35 #10-6610"Annual Contract for Lands Packet Pg.497 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. ro General Site Trimming/Pruning General site pruning shall be defined as the pruning of any plant's foliage height that is ten v feet (10') and below. its • Shrub pruning should be done consistently throughout each median for all shrub types a that require pruning so that landscape gives the appearance of continuity throughout o that median and the entire project. t • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FDOT Indexes. ro • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot co (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to 2 maintain the proper or required heights for visibility, vehicular movement purposes and o desired shape or form as determined by the County's Project Manager/designee or the County's Representative. • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn 0 0 lanes they must be pruned to a height of eighteen inches (18") by October 1st of each year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. • Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches 2 (36"), with the exceptions of sight windows when the height needs to be maintained at a maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a CD minimum height of one hundred twenty inches (120") /or ten feet (10'). • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea .0 is only considered pruning if the heights of the Bougainvillea are maintained to twenty- J four inches (24") and not at a greater height. • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by County's Project Manager or , designee. CD • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. ro Page 14 of 35 #16-6610"Annual contract for Land: Packet Pg.498 Florida Land Maintenance,Inc.d/b/a Commerce, 16.A.2.c • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and approval of the County's Project Manager/designee or County's Representative. u • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, E' Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. 0 • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. • It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. a u. • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") ce behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be maintained in the median planting beds, as a pathway for maintenance workers. 0 • Shrubs and plant material shall not grow over the curbing and into the roadway. • Shrubs and trimming as described above must be completed in order to submit an invoice for payment. • If there are shrubs that are overgrown, growing over the curb or obstructing the view of 4 vehicular traffic at the end of the month, this line item will not be paid. 03 • As-built plan information is available through the Growth Management Department, o Road Maintenance Division, Landscape Operations section where sightlines are Q. depicted on the landscape plan. 0 Miscellaneous and Landscape Maintenance Responsibilities If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as determined by the County's Project Manager and/or designee, they shall be replaced at the Contractor's expense. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be J furnished and replaced at the Contractor's expense. ": It shall be the Contractor's responsibility to notify the County's Project Manager or designee s of any maintenance problems or additional maintenance needs. 4 The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for a) disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the County's Project Manager or designee should a disease or infestation be found. E E The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site and offsite communication in order to communicate with the County's Project Manager or designee. The Field Supervisor must be able to meet on-site when requested and must IDES Page 15 of 35 #16-6610"Annual Contract for Land= Packet Pg.499 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available '6° to answer questions and/or make decisions. 6 Crew Size ca Each quote from awarded vendor will specify the number of crew members required for each specific project. In the majority of projects, if required, the Contractor shall provide a minimum of six (6) employees when servicing the work site. Depending upon the work a requested the crew size may increase or decrease. All work shall be completed within one o (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at the same time. a u_ 12 L LB Q Q oo coco 2 L 0. v J L t] Qct tII Page 16 of 35 CI-7;r) #16-6610"Annual Contract for Lands Packet Pg. 500 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c Category 2 0 Landscape and Irrigation Maintenance 15 coThe specifications for Category 2 are services for landscape and irrigation maintenance on a 3 weekly, monthly, quarterly services, or on an as needed basis to include, but not limited to, mowing, weeding, edging, trimming, pruning, side of the right of way (ROW) mowing and E edging, street cleaning, median weeding, side of the right-of-way (ROW) weeding, general site trimming, trash removal, and brick paver pressure cleaning, blowing, irrigation checks and o repairs, street sweeping, herbicide, pesticide, mulching, fertilization, tree pruning, and incidental services. CO a Mowing and Edging ce Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and 3 debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, g leaves, rocks, paper, tree branches and limbs, shrubbery, and other objects on the ground in 2 the service area to include the right-of-way. The number of mowing services may be modified o by the County's Project Manager or designee depending upon seasonal conditions. Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. 8 Contractor shall ensure all trash and debris is disposed of the same day and areas with l2 pavement and curbing shall be clear of all grass clippings from mowing. co co Right-of-way (ROW) mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). 0 L Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of o the weeds to 12" above the water. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and c5 transport grass clippings. The guard on the mulching mowers must always be kept on the . equipment to reduce the risk of objects and clippings being thrown onto pavement, vehicles, . and pedestrians. Should bagging be necessary, the bagged clippings shall be collected and ! removed at no additional cost to Collier County. Grass shall be cut at a height no less than three and one half inches (3 1/."). The height of the 72 grass blade shall not exceed six inches (6"). The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become E water soaked during the period of this Contract 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 a self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. The Contractor is to avoid mowing in a `) way that will project grass clippings, small rocks, and miscellaneous debris into oncoming traffic. R c09) Page 17 of35 #16-6610'Annual Contract for Landr Packet Pg. 501 Florida Land Maintenance,Inc.dfbfa Commercia 1 6.A.2.c Edging is 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. 0 Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. th Grass root runners extending into the mulched areas, sidewalks or curbs shall be cut and n removed when the edging is performed. Swales and dry retention areas must be mowed and/or weed trimmed. A full singular mowing E service shall include: trash removal, mowing, and edging of the entire project. S Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. CD E Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all g. swale areas, and side of right-of-way trash removal. cc co Trash Removal co Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. • Median trash removal and side of right-of-way trash removal for each service for all site areas shall be cleaned by removing all trash or debris which shall include, but not limited f to the following: paper, bottles, cans, other trash, and horticultural debris. U • Disposing of trash and debris must be at a proper landfill or disposal site. Street Cleaning Sidewalks, curbing, and gutters to include the four foot (4') area from the face of the gutters and g. curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. a Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. , Blowing shall be directed toward the existing landscape median or grass. E CD Weeding Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb a joints and other mulched areas by chemical and/or hand removal and must be performed J weekly or as necessary to provide a weed free and well maintained area. Blue tracker is `) required when spraying Round-Up. coco General Site Trimming Page 18 of 35 #16-6610"Annual Contract for Land. Packet Pg. 502 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c General site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. U • Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that 3 median and the entire project. • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained a s. to twenty-four inches (24")for sight visibility per FDOT Indexes. • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to u maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the County's Project Manager/designee or the 3 County's Representative. • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn o lanes they must be pruned to a height of eighteen inches (18") by October 1st of each .11 year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. • Groundcovers and shrubs shall be maintained at the required height as specified by the c2 County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a i maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a ° minimum height of one hundred twenty inches (120") /or ten feet (10'). f 0 • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea is only considered pruning if the heights of the Bougainvillea are maintained to twenty-four 2 inches (24") and not at a greater height. • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by County's Project Manager or designee. • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall it only be pruned after the blooming season. The grasses shall not be cut in a flat top ,.. method. E • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and 6-, approval of the County's Project Manager/designee or County's Representative. • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. Page 19 of 35 #16-6610"Annual Contract for Land Packet Pg. 503 Florida Land Maintenance,Inc.dlbta Commercia 9 6.A.2.c • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. • It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. v° • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") behind E the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be maintained in o the median planting beds, as a pathway for maintenance workers. • Shrubs and plant material shall not grow over the curbing and into the roadway. n_ • Shrubs and trimming as described above must be completed in order to submit an co invoice for payment. o • If there are shrubs that are overgrown, growing over the curb or obstructing the view of 2 vehicular traffic at the end of the month, this line item will not be paid. • As-built plan information is available through the Growth Management Department, Road Maintenance Division, Landscape Operations section where sightlines are depicted on the landscape plan. ct Miscellaneous and Landscape Maintenance Responsibilities 00 • If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor .0 as determined by the County's Project Manager/designee or County's Representative, o they shall be furnished and replaced at the Contractor's expense. Q. • The Contractor shall provide ramps or other devices to gain access over the curb to all °a medians. The curb or turf areas shall not be damaged due to gaining access or they will c, be replaced at the Contractor's expense. • It shall be the Contractor's responsibility to notify the County's Project Manager or designee of any maintenance problems or additional maintenance needs. • The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for 3 disease or insect infestation during each week's service to the site. The Contractor shall . immediately notify the County's Project Manager or designee should a disease or .o infestation be found. • The Contractor shall have a singular point of contact with cellular phone and e-mail for E on-site and offsite communication in order to communicate with the County's Project Manager or designee. The Field Supervisor must be able to meet on-site when requested and must be able to answer any questions regarding the landscape maintenance for the specifications herein. If, Field Supervisor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. 69) Page 20 of 35 #16-6610"Annual Contract foLLands Packet Pg. 504 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c Crew Size When required, Contractor shall provide a minimum of six (6) employees when servicing the o work site. Depending upon the work requested the crew size may increase or decrease. All V3 work shall be completed within one (1) visit, and if required, a consecutive day visit may follow. t The purpose for this statement is to have the entire segments under this contract completed at 3 the same time. Crew Contractor shall have crew size that is able to meet or exceed the requirements listed in the o specifications with the following: • Crew Leader must be able provide instruction and supervision to crew members in, but a. not limited to the following: safety procedures, climbing practices, tree pruning, tree a removal, equipment operation and maintenance, electrical hazards, tree anatomy and identification. 0 • Crew Leader shall maintain a good working relationship with the County and provide the o required documentation (e.g., Division's internal work orders, Notice to Begin Work and contractor's records of completed work for billing purposes) while maintaining high standards of quality workmanship and professionalism. • Crew Leader shall be able to safely operate and maintain all the equipment used in tree maintenance services. • co co Crew Communication Contractor shall provide a qualified English speaking crew leader/supervisor which shall be 13 present and readily available to Department personnel and during business hours of operation at the work site. 0. 0 • Contractor's Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. • They must be able to meet on-site when requested and must be able to answer any 2 questions regarding the work. .a • In the event they are unavailable there must be a secondary point-of-contact who can be 9 available and able to answer questions and/or make decisions. • There shall be no additional charges for attendance at any meeting. • On a twenty-four (24) hours basis, the Contractor may be required to travel to the site E' immediately to meet with the County Department representative, law enforcement, or emergency personnel to resolve an emergency. • The Contractor's Project Manager or designee shall respond to a telephone or emergency email within twenty-four (24) hours. Page 21 of 35 #16-6610"Annual Contract for Lands -Packet Pg. 505 Florida Land Maintenance.Inc,d/b/a Commerce 16.A.2.c a) If a Contractor's designated point of contact does not answer an emergency call, the contractor will be reprimanded through our internal vendor evaluation system for a o missed emergency call. co b) If a contractor does not respond to three (3) emergency calls within a 12-month period, they will be deemed non-responsive and the contract may be terminated if the v County deems it necessary. c) Any exceptions will require approval from the Department representative. d) Post-storm response time shall be as soon as it is safe to go out to the job site. cs- O Palm Trees The specifications listed herein are intended to provide information for Contractor to understand the minimum requirements of Collier County in providing tree maintenance services. The n Contractor may have knowledge and experience in palm pruning. They must adhere to the tce ANSI accredited Standards A300 policies and standards, current edition, for pruning, Em fertilization, supports systems, and other aspects of tree care and ISA Best Management Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree o and/or root structure, and diseases. o Contractor may have a certified arborist on staff to supervise and direct field personnel to E ensure that all work is completed per specifications to include, but not limited to, palm and tree E maintenance services, tree and palm planting and staking, palm tree de-booting (cleaning), stump and root grinding. The services performed herein shall consist of the Contractor & furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor and supervision for the County's Divisions. Palm Maintenance Divided into three (3) categories: 1. Palm Pruning; 2. Stump and Root Grinding; and 3. De-boot (clean) Palm Trees. a 0 • Palm Pruning cai Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms may be pruned for aesthetic reasons to eliminate sprouts and stems or g dead fronds and seedpods. a. Live healthy fronds should not be removed. If they must be removed avoid removing 2 those that initiate above horizontal. Fronds removed should be severed close to the 7 petiole base without damaging living trunk tissue. -' b. Only those fronds with petiole drooping below horizontal 9:00-3:00 position should be removed. All seed pods should be removed including those originating among remaining fronds. When removing fronds and seedpods, care should be taken so , those frond that are to remain are not nicked or wounded. c. Climbing spikes shall not be used to climb palms for pruning. • Stump and Root Grinding Proposer must have technical knowledge, ability, and experience in grinding of stumps and roots to remove the root system and stump. E l4 t• V Page 22 of 35 #16-€610"Annual Contract for Land: Packet Pg. 506 Florida Land Maintenance,Inc.d/b/a Commercia 16.A.2.c • Deboot (Clean) Palm Trees (When required) When required, de-booting or slicking of palm trees is the removal of boots along the trunk of o a palm. Complete boot removal and disposal of debris. Ornamental & Turf Spraying 0 Proposers shall be responsible for scouting pests and landscape diseases and providing analysis for correcting and maintaining the landscape. Methods of Application o One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Insecticides should be alternated from time to time to prevent an insect resistance to the application. a i>r • Herbicides used in turf areas shall be applied at the proper pressure. • Turf herbicides shall not be applied when the daily temperature exceeds eighty-five (85) o degrees. o • Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. E • Spray applications shall be applied during times of"No-Wind" conditions. • No trucks or tractors with bar type tires or a gross weight greater than three thousand (3,000) pounds will be allowed within or on the median areas. • At time of application, provide and place, traffic control meeting Florida Department of o Transportation, M.U.T.C.D and Indexes and the County MOT. • All spray applications shall contain a wetting agent within the mix when recommended by a the label or County's Project Manager or designee. • The pH of water used in mix must be adjusted to meet pesticides manufacture recommendation and water pH and method must be documented and provided to s County's Project Manager or designee. • Ferrmec AC 13-0-0 plus 6% iron at one-third (1/3) gallon of material per one hundred . (100) gallons of water to be added with each application of insecticide, fungicide and � herbicide. Application must be pre-approved by County's Project Manager or designee. -o Materials List All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant ill materials shall be submitted in writing to the County's Project Manager or designee for review and approval after the award. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and area of use. (Chemical application plan shall be developed, and the County's Project Manager or designee will review the chemical U application plan, making necessary recommendations where appropriate.) 00\ Page 23 of 35 #16-6610`Annual Contract for Lands Packet Pg. 507 Florida Land Maintenance,Inc.d/b/a Commercial g 16.A.2.c Application of Fertilizers • Fertilizer material may be furnished by the Contractor or be purchased directly by each 1,1 Division under a Collier County Annual Contract and pickup at the Collier County facility. • Fertilization shall be completed as specified in the Purchase Order or the Notice to Begin Work (NTBW) at the end of the fertilization month. • Any variation of this schedule needs to be pre-approved by the County's Project Manager o or designee; failure to do so may result in non-payment. • The application of fertilizers must be scheduled in advance in order to coordinate with the maintaining contractor to insure that turf is mowed prior to fertilization and not after or o during a mowing operation. • Application Rate: For the slow or controlled release fertilizer, the fertilizer shall be applied o at a rate of 1.5 lbs. per 100 square feet. It shall be broadcasted throughout the median o planting beds and turf area. • For the slow or controlled release fertilizer, the fertilization shall be performed two times a year in the months of March and October when using the six month application rate. The g applications shall be made before or after the rainy season. • All fertilizers shall be removed from curbs and sidewalk areas immediately to avoid staining. • Shrubs, groundcovers, and all plant material shall be evenly broadcast throughout the 'o bed. The excessive fertilizer on plants shall be blown or fan raked off. ft 0 Post Award Submittals The Contractor shall provide at contract execution an overall written document outlining their pest and spray program that shall incorporate ant and rodent control and shall meet or exceed 5 the following minimum standards: • Provide an initial plan that describes the Contractor's procedures, methods, and 2 techniques that will enhance the environment and address the pest and spray program for the specific plants, shrubs, and grasses within the project limits. J 33 L • Upon reviewing all plant material including trees and palms the contractor shall be 6 required to recommend their plan to remove any detrimental pest from the landscape or , eliminate fungus. E • The Contractor shall provide maximum protection for the health, safety, and welfare of the public and the environment in their plan development. • Include a listing of all chemicals recommended for use on the plants within the project E limit. fts aa • -. C�v Page 24 of 35 #16-6610"Annual Contract for Lands( Packet Pg. 508 Florida Land Maintenance,Inc.d/b/a Commercial I6.A.2.c • The Contractor's license holder shall make on-site inspections and provide written reports to the County's Project Manager or designee at each spray occurrence. a) Records must be kept of all applications. E' b) Documentation shall include but not limited to: 1) date and time of application, 3 weather conditions at time of application; 2) The product that was applied; 3) Applicator's name that applied the product. Note: Item 1) — 3) shall be included 2 with the monthly invoice for payment. r Chemical Records Documentation Records of all applications shall be kept according to state or federal regulations. According to 6 the Department of Environmental Protection, the Records may include, but are not limited to, o- the following information: L • Application date and time • Applicator's name .2 • Personnel that is directing or authorizing the application o • Application weather conditions at the time of application • Target pest • Chemical used (trade name, active ingredient, amount of formulation, amount of water) • Adjuvant/surfactant and amount applied, if used 0 • Area treated (acres or square feet) and location • Quantity of pesticide used • Application equipment co • Any Additional remarks, such as the severity of the infestation or life stage of the pest -� • Follow-up date to check the effectiveness of the application. o L Q Work Area Preparation/Inspection When preparing the work area, the Contractor must protect groundcover and any landscape °a material within the work area. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees, or Subcontractor as determined by the 2 County's Project Manager or designee they shall be furnished and replaced at the Contractor's 2 expense. • The Contractor shall provide ramps or other devices to gain access over the curb to all - medians. The curb or turf areas shall not be damaged due to gaining access or they will J be replaced at the Contractor's expense. • It shall be the Contractor's responsibility to notify the County's Project Manager or LT- designee designee of any diseased or sick palms and trees or additional pruning or corrective measures needed. • The Contractor shall perform inspections on all trees and palms for disease or insect a infestation during the site visit or service to the site. The Contractor shall immediately w notify the Project Manager or designee should diseases or infestations are found and recommend an appropriate treatment per the Contract requirements. cG. Page 25 of 35 #16-6610"Annual Contract for Lands Packet Pg. 509 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c • The Contractor shall remove all trimmed and fallen debris the day of service and not stock pile debris in planting beds. ro If required by the County's Proiect Manager: Work Order and Notice to Begin Work 8 (NTBW) —This section may not be applicable for all projects. 0 Growth Management Department, Road Maintenance Division, utilizes Cartegraph, an Q Operations Management System (OMS), which generates work orders in the scheduling of o preventive maintenance, organizing and tracking inventory, and manages equipment costs while providing advanced reporting and analytics. a a) Prior to the Contractor proceeding with the services, the County's Project Manager or w designee shall generate work order(s) on an "as needed basis" for services that will be performed for specified month. The County's Project Manager or designee shall notify the Road Maintenance Contract Administration Specialist or designee to generate the , NTBW. b) The Contract Administration Specialist, or designee, will email the Contractor the NTBW and associated work orders for services to be performed within the month. This notice is the Contractor's authorization to proceed with work as outlined on the NTBW and work Eg order(s). The NTBW will have a Purchase Order number, commencement date and a completion deadline for the work that is being requested. No work shall commence unless an NTBW has been issued authorizing the work. 00 If required by the County's Project Manager, Contractor's Weekly Work Contractor shall email a weekly work schedule to the County's Project Manager or designee or o designee on Friday morning no later than 7:00 a.m. The schedule shall indicate the service Q ro locations and date/times. U Please note: Any changes to the work schedule shall be made in writing twenty-four (24) hours in advance of the next work day or no later than 7:00 a.m. of the work day and emailed to the g County's Project Manager or designee. Meetings On a requested basis the pest control licensee must meet with County's Project Manager or designee to review Integrated Pest Control program and inspect sites as applicable. At the end . of each month, a new calendar (mock schedule) indicating recommended services must be 3 �L submitted to the County's Project Manager or designee. ° The calendar will serve as a mock schedule of what may be needed the following month. E The County's Project Manager or designee will review the recommendations and will issue a work order, Notice to Begin Work (NTBW)for that calendar month. If required by the County's Project Manager, Billing Requirements All spraying applications shall be billed on a monthly basis and include the following information: 5 ro a) Specify roadway segment and/or plant material sprayed. Page C9) #16-6610"Annual Contract for Lands Packet Pg. 510 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c b) The price must include pick up of the pesticide or fertilizer at 4800 Davis Blvd for GMD-RM or pick up of material at North Collier Regional Park 15000 Livingston o Road. c) Labor to install material. d) Pesticide documentation must be submitted with invoice. If the documentation is not 0 provided payment will be delayed until documentation is submitted. Weekly Schedules The County's Project Manager or designee will need to be provided weekly schedules for Field application, no later than Friday prior to the following service week (e.g., submit schedule on Wednesday or Friday for the following Monday service). Must be notified in advance, in writing, th and be provided a schedule of where the contractor will be, so that an Inspector can be on-site. LL ice When it becomes necessary for the Contractor to return for additional spraying as directed by Em the County's Project Manager or designee, or designated representative, due to non- I performance of a required application, such additional spraying shall be performed at no cost to 0 the County. o When specified in the specifications, Chemical Pick Up and Drop Collier County, Growth Management Department, Road Maintenance Division shall provide the E chemicals that will need to be picked up by the Contractor at the facility located at 4800 Davis g Blvd between the hours of 8:00 am and 3:30 pm. (See Collier County Growth Management Division's, Standard Operating Processes(SOP) attachment. cococo co a) The hours can be subject to change by County depending on staff availability. If the Z contractor would like to propose a different time, it can be changed subject to mutual approval. o b) If there are chemicals remaining at the end of day, they must been returned to the a pickup facility within that facility's hours of operations. Note: Parks and Recreation sites for chemical pickup and drop off will be at the North Collier Regional Park, 15000 Livingston Road, or as agreed upon with a Park representative between the hours of 8:00 am and 3:00 pm. Safety 2 Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 c Safety Standard for arborists and their employees engaged in arboricultural operations for . safety requirements to include but not limited to: general safety, electrical hazard, use of a vehicles and mobile equipment, portable hand tools, hand tools and ladders, and work `o procedures. Contractor shall ensure equipment is OSHA approved and employees have been trained to perform services per OSHA guidelines. E Repairs/Damages Contractor shall be responsible in promptly repairing damages caused by Contractor's a employees. All expense incurred shall be the Contractor's responsibility. Quality of Plant Materials All plant material shall be Florida Grades & Standards#1 or better. (49}Page 27 of 35 #16-6610"Annual Contract for Lands, Packet Pg. 511 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c Turf Origin and Quality All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. 8 All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, 2 origin, and date and time the sod was cut and loaded. Sod shall be delivered to the specified a site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight o (48) hour period after field cutting. Sod being transported for a time period greater than one (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a grade other than w the Premium Grade specified in this Contract shall not establish a lesser standard or relieve the Contractor of providing the Premium Grade sod as specified for the duration of the Contract period. 0 Premium Sod ° Sand Grown: Turf grown on 90% natural sand. Muck Grown: Turf grown on soil containing 50% or greater amounts of organic materials by E volume. 0 ° Each sod pad shall be insect and disease free, be vigorous and have healthy green color in appearance. The top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be weed free, but in no case shall the weeds exceed two percent (2%) of the total sod pad. ° CL Pad Size: Individual sod pads shall be cut to industry standard widths and lengths with a o deviation no greater than +/- five percent (5%). Broken or uneven ended pads will not be .6 accepted. Pad Thickness: Thickness of the cut sod shall be to the industry's standard, but in no case w shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and -2 shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the 8 pad section without tearing apart. LT. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively c dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, or loose 2 so that it will not hold its shape, and/or if it is hydrophobic in nature. Pressure Cleaning Brick Pavers All median brick curbing, brick paving, sidewalks, and paving areas may be pressure cleaned to U remove tire marks or other dirt which may be deposited on the surface areas. Sealing of 2 (116 Page 28 of 35 #16-6610"Annual Contract for Lands Packet Pg. 512 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c paving areas may be at the direction of the Project Manager or designee on a time and material basis. L 0 Upon finding damage to the brick curbing or paving, the County's Project Manager or designee needs to be immediately notified. After notification, t]he Contractor shall clean-up debris if 8 present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The Contractor shall submit a bid as soon as possible for repair or replacement of the damaged 2 brick curbing or paving areas. Repairs to the brick curbing and paving will be considered as a additional expenses to the Contract. The additional expenses shall be charged as a time and o material billing with the bricks being provided by the County. All additional expenses must be pre-approved by the Project Manager. County's Project Manager may use other contractor to replace and/or repair pavers. a Mulching 2 Organic Mulch: Areas with no mulch or new planting areas shall have mulch placed to provide E for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. o The area to receive the mulch shall be raked level to establish the proper finished grade and o have all weeds removed prior to the placement of the mulch. Non-Organic Mulch: Landscape areas to receive non-organic mulch such as washed shell or g gravel shall have the mulch placed to a three inch (3") non-compacted depth. Re-mulching o or top dressing of non- organic mulch areas shall be performed to ensure a three inch (3") depth is maintained. •- co 03Re-mulching of plant beds and individual plant mulch rings shall have a two inch (2") non- compacted layer of mulch applied once a year during the months of September and October (application to be finished by November 1st). Mulch distribution within a tree or palm area shall a. begin six inches away from the trunk of the tree or palm. Mulch shall not be piled against any plant branches or trunks. Prior to the re-mulching the Contractor shall turn and mix all the °a existing mulch in all medians and right-of-way areas. o Miscellaneous and Landscape Maintenance Responsibilities If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees as determined by the County's Project Manager or designee, they .F6 shall be furnished and replaced at the Contractor's expense. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. It shall be the Contractor's responsibility to notify the ,° County's Project Manager of any maintenance problems or additional maintenance needs. Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the purchasing ordinance. Should additional costs be involved which are not g covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor < and County's Project Manager prior to performing additional services. E The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for R disease or insect infestation during each week's service to the site. The Contractor shall IR Page 29 of 35 #16-6 10"Annual Contract for LandsS Packet Pg. 513 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c immediately notify the County's Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site 42 and offsite communication in order to communicate with the County's Project Manager and or designee. Landscape and irrigation schedules are to be submitted through email to the County's Project Manager and or designee, the Friday before the work week. Any changes to the work schedule are to be made 24 hours in advance of the next work day or by 7:30 am the morning of a the change. Upon award of a project, the removal of existing tree and palm staking will be the responsibility of the contractor as part of Basic Maintenance. LL Plant Material Replacement Incidentals 12 Plant material replacements quoted unit price shall include in the unit price: • Provide Florida Grades and Standards #1 plant material, delivery and labor to install. .2 • Disposal of existing material and debris o • Staking if needed to include labor and material • Installation of 2 bubblers for trees and palms `) • Modification of existing irrigation and adjustments for 100% coverage o • Hand watering or water truck when irrigation is not functional or if it does not exist. • Hand watering at planting for stabilization co • Labor to install 2" of replacement mulch co • Provide one year warranty on all materials 0 • Includes all dumping fees • Maintenance of Traffic • Written notification of the controller and zone number and recommended watering schedule through establishment co Irrigation Systems—Weekly Service Requirements Contractor's irrigation Project Manager shall review the system and submit a recommended .2 watering schedule as it pertains to the irrigation plan for the contracted area. The landscape E Contractor will provide documentation in writing and shall include any changes or 3 recommendations. Any subsequent recommended changes shall be recorded on the "Irrigation Schedule" (see attachment). 0 CC • If the Contractor does not review the irrigation and provide this documentation, work shall not start until the Contractor accepts full responsibility and approves the o scheduling and usage appropriated by the County. The Contractor will be expected to g update and coordinate the watering schedules with the Collier County Irrigation Project 2 Manager or designee as required for monitoring purposes and also indicate a recommendation on the "Irrigation Schedule/Checklist". All irrigation requests shall be made in writing. • Upon notification to begin work, the Contractor shall review all irrigation systems and notify the County's Project Manager or designee of any existing problems. Page 30 of 35 #16-6610"Annual Contract for Landsc Packet Pg. 514 Florida Land Maintenance,Inc.d/b/a Commercial I6.A.2.c L • Notification to the County's Project Manager is required when acts of vandalism or .° accidents have occurred to the irrigation system. Photos shall be taken and provided 15 to the County's Project Manager at no added cost. A police report must be filed and a copy sent to County's Project Manager. • Use only County approved replacement parts, and only matched precipitation head E replacements. Use only County approved replacement parts, and only matched precipitation head replacements. All irrigation parts shall be supplied by Collier County F- under an annual bid or as specified. • Collier County will maintain the reclaimed water signage if existing. The Contractor shall observe the irrigation system as it pertains to plants and spray coverage and report 75 any observed field problems when they occur. • All services listed under this Section shall be covered in the Contract Bid item "Irrigation System" cost under Weekly Maintenance Functions. 47,E E 0 co co aS O L 0. a 0 U a, v c a, C c co J ra L O U- C Q1 E of a> t) C a> E Page 31 of 35 JF16-6a10"Annual Contract for Lands( Packet Pg. 515 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c L Category 4` ° Advanced Irrigation On-Call Services & Repairs 15 L O u Ta Watering Schedule Prior to issuance of the Notice to Begin Work, the Contractor's irrigation Project (- Manager shall review the system and submit a recommended watering schedule as it o pertains to the irrigation plan for the contracted area. The landscape Contractor will provide documentation in writing and shall include any changes or recommendations. CD Any subsequent recommended changes shall be recorded on the "Irrigation Schedule" a. (see attachment). w If the Contractor does not review the irrigation and submit the irrigation schedule I documentation, then the Notice to Begin Work will not be issued until the Contractor 2 accepts full responsibility and approves the scheduling and usage appropriated by the o County. Be aware that you will be expected to update and coordinate the watering17 schedules with the Collier County Irrigation Project Manager as required for monitoring a purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All E irrigation request shall be in writing. 0 d ce Upon issuance of a "Notice to Begin Work", the Contractor shall review all irrigation 00 systems and notify the Project Manager of any existing problems. co Notification to the Project Manager is required when acts of vandalism or accidents have 0) occurred to the irrigation system. Photos shall be taken and provided to the Project 2 a. Manager at no added cost. A police report must be filed and a copy sent to Project 0. Manager. o a u • All irrigation parts shall be supplied by Collier County under an annual bid. 0 • Use only County approved replacement parts and only matched precipitation head replacements. CCD • Collier County will maintain the reclaimed water signage if existing. • The landscape Contractor shall observe the irrigation system as it pertains to plants -a and spray coverage and report any observed field problems when they occur. J as Conventional Pop-Up Sprinkler Systems 'o Labor costs for these listed irrigation services and minor system repairs shall be included in E. the Contract Bid Unit Pricing. Materials will be purchased by Collier County through an , annual vendor. a' E CD Weekly Service Requirements 6 The Contractor shall complete the "Irrigation System Checklist Weekly Requirement" sheets on a weekly basis. The Report Sheets shall be signed and submitted on a weekly basis to the Project Manager for review and approval as to completeness and must be E provided before the ending of the work day Friday or beginning of the work day on Monday o and may be faxed, e-mailed or hand-delivered. Check list should include all findings as a part of the weekly irrigation checks and watering requirements. Collier County reserves 90 Page 32 of 35 116-6610"Annual Contract for Lands Packet Pg. 516 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.0 the right to reject payment request for these services if checklist is not provided on a timely basis. The irrigation system checklist weekly requirement form must be filled out in its entirety and must include all irrigation parts purchased with corresponding packing slip information from the County approved supplying vendor. 0 • Visual inspection of the irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. tO • Valves can be operated manually at the valve box, the surge board toggle, or at the LL controller. The operation switch shall be returned to the "automatic" position after service. Failure to do so may create a hazardous road condition because of uncontrolled irrigation water running outside of the programmed schedule. The contractor will be fined $110.00 for each occurrence (Calculated for 2 irrigation , crew members at a labor rate of$55.00/hour.) o • Automatic Control Valve Assemblies and Quick Coupling Valves work requirements are to: Open zone control valve assemblies' boxes to inspect valves for leaks and proper settings. The valve boxers shall be clean and free of 0 debris, leaves, and mulch. Quick coupling boxes shall be checked to make sure that they free of debris and foreign objects. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas to be kept at sod level. All valve boxes in plant beds to be kept two inches (2") above finished mulch level. County, upon approval, will supply the valve boxes to reach the specified height. 0 L • All cuts, leaks or other piping damage found to be caused by the Contractor's 0 personnel or subcontractors performing services in the landscape areas shall be o repaired immediately at no cost to the County. Replacement of damaged valve boxes/lids is required if caused by the Maintenance Contractor. • Upon acceptance and through the duration of the maintenance contract, the contractor is to provide an irrigation watering schedule based on the watering needs of the existing plants in each zone. The contractor shall identify the following: 1. 2 Wet and dry zones, 2 . Plant and turf decline, and 3. Plant infestation in trees, palms, shrubs, groundcover, and turf. These observations must be written in the irrigation report. Immediately advise the project manager and irrigation project manager of the condition and provide immediate solutions. 0' E If the procedure is not followed and the plants are damaged or die-off has occurred, it shall be the contractor's responsibility to replace at cost to the County. • All Minor Repair labor cost shall be included in the weekly irrigation function line item. Minor repairs include: The replacement of reads, decoders, nozzles, and solenoids. The installation or replacement of risers. The repair of lateral PVC pipe or funny pipe breaks and clear any restricted sprinkler lines. Page 33 of 35 C�® #16-6610"Annual Contract for Lands Packet Pg. 517 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c L Minor Irrigation Repairs Minor irrigation repairs shall include, but not limited, to the following items below. Contractor ., shall review the irrigation system and repair any blown-off heads, broken lines, and leaks around heads or valves. It shall be the Contractor's responsibility to notify the Project o 0 Manager of any irrigation problems or additional irrigation maintenance needs. Tu • The Contractor shall further clean and adjust all sprinkler heads and nozzles to a ensure that all landscaped areas receive total one hundred percent (100%) o irrigation coverage and heads are not spraying onto roadways or walkways. co th • If a longer nozzle is required contractor shall change nozzle. a_ • Replace defective and/or broken heads or nozzles, install or replace defective and/or ce broken risers and repair minor breaks or restricted sprinkler lines. co • Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. 0 c 0 • Minor repairs include replacement of heads, nozzles, decoders, and solenoids; installation or replacement of risers; repair of minor/lateral PVC piping breaks or E subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids, necessary for proper and safe operation of the systems. 0 CD ce • All minor repairs labor cost shall be reflective in the irrigation weekly function line item. co �r co Major Irrigation Repairs Major irrigation repairs to the irrigation systems shall include, but not limited to: ; 0 L c. • Repairs to valves, controllers, electrical wiring, and main lines. 0 0 • These repairs are not included in weekly irrigation functions and shall be priced out o separately or may be fixed by other. a) co c Irrigation additional repair costs Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and the Project Manager -0 prior to additional services being performed. c J cc Communication .g The irrigation service personnel shall have on-site two-way hand-held communications or FE phone during all weekly/monthly services and/or inspections. There shall always be an irrigation crew of two at the time of service. a) Crew Size/Man Hours a When required, a Contractor shall provide with each site visit a minimum of two personnel ., with each weekly service of the work areas. The work shall be completed within one visit, if necessary consecutive day visit may follow. Purpose is to have the entire segments E under this contract completed at the same time. Contractor will be providing to o satisfactorily perform the requirements of this Agreement. 69 Page 34 of 35 #16-6610"Annual Contract for Lands Packet Pg. 518 Florida Land Maintenance,Inc.d/b/a Commercial 16.A.2.c General Maintenance Report The Contractor shall complete the General Maintenance Report Sheets (GMRS) on a weekly basis. The GMRS original form will be provided to the Contractor for reproduction purposes. 0 • The GMRS shall be signed and submitted on a monthly basis prior to monthly billing to the Department's appointed representative for review and approval as to completeness. O • The Contractor will also be required to conduct on-site inspections with the CD Project Manager or Department's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. 0_ • A weekly schedule is also required and shall be submitted to the Project Manager before the beginning of the work day on Monday and may be faxed, e-mailed or hand-delivered. The schedule shall indicate the days and o service location and must include when irrigation checks are scheduled. o Y a) cc 00 00 0 L U CO co J 7L LL co Page 35 of 35 p16-6610"Annul Contract for Lands Packet Pg. 519 Florida Land Maintenance,Inc.d(b/a Commercial 16.A.2.d AGREEMENT16-6610 a for Annual Contract for Landscape Maintenance ° THIS AGREEMENT, made and entered into on this day of 2016, by and between Ground Zero Landscaping Services, Inc., authorized to do business in the State ci of Florida, whose business address is 1907 Fairfax Circle, Naples Florida 34109, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): r 0 WITNESSETH: CO 0. 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the ° consent of the Contractor, renew the Agreement under all of the terms and conditions 0 contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 0 The County Manager, or his designee, may, at his discretion, extend the Agreement CD under all of the terms and conditions contained in this Agreement for up to one hundred co and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 0 L 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight 0- (8) (8) firms qualified and awarded an Agreement. The Contractor under Agreement will provide complete services for Landscape Maintenance in the following category: 0 Category 1: Basic Landscape Maintenance CS 0 L The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This ' Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. U a.+ Page 1 of 16 G�,O 16-6610"Annual Contract for Landscape Packet Pg. 520 Ground Zero Landscaping 16.A.2.d Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors 0. shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the Contractor that submits the lowest responsive quote. 0 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 0 3.1 Price Methodology: Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in a. projects in which it is not possible to accurately estimate the size of the project, or when cc 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 2 subcontractor) timekeeping or payroll records), material or equipment invoices, and 0 other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, E including labor, materials, equipment, overhead, etc.) for a repetitive product or service 0 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 00 inventory or cost verification. 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 2 Q 3.3 Payment will be made upon receipt of a proper invoice and in compliance with °a Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Payments will be made for services furnished, delivered, and accepted, upon N receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond o the specified deadline period is subject to non-payment under the legal doctrine of 0 "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. Page 2 of 16 Q.P ) 16-6610"Annual Contract for Landscape Packet Pg, 521 Ground Zero Landscaping 16.A.2.d 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: CIS Ground Zero Landscaping Services, Inc. 1907 Fairfax Circle Naples, Florida 34109 2 Attn: Aaron S. Gross, President t; Telephone: (239) 821-3472 0 Facsimile: (239) 597-7365 GZLSanaples.net All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center ft Procurement Services Division cc 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division ° Telephone: 239-252-8407 0 Facsimile: 239-252-6480 E C) E The Contractor and the County may change the above mailing address at any time upon o giving the other party written notification. All notices under this Agreement must be in writing. 00 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 2 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The o County will not be obligated to pay for any permits obtained by Subcontractors. TS Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to Q comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. U Co Page 3 of 16 CAS 16-6610"Annual Contract for Landscape packet Pg. 522 Ground Zero Landscaping I6.A.2.d 8. NO IMPROPER USE. The Contractor will not Use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal 0. ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor cu or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any CTS such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension 0 to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 0 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; 0. further the County may terminate this Agreement for convenience with a thirty (30) day re written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 0 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as o to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 m Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage • Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per 2 Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damageo. Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and °a Employee Non-Ownership. m C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. o r2n V The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page 4 of 16 F9.) 16-6610"Annual Contract for Landscape Packet Pg. 523 Ground Zero Landscaping 16.A.2.d Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire 0 until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) a hours after receipt, of any notices of expiration, cancellation, non-renewal or material c change in coverage or limits received by Consultant from its insurer, and nothing ` contained herein shall relieve Contractor of this requirement to provide notice. ° E Contractor shall ensure that all subcontractors comply with the same insurance a' requirements that Contractor is required to meet. 0 Ti 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor c shall indemnify and hold harmless Collier County, its officers and employees from any a and all liabilities, damages, losses and costs, including, but not limited to, reasonable o attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, ch property damage, direct or consequential damages, or economic loss, to the extent U. caused by the negligence, recklessness, or intentionally wrongful conduct of the ce Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or E reduce any other rights or remedies which otherwise may be available to an indemnified 2 party or person described in this paragraph. 0 This section does not pertain to any incident arising from the sole negligence of Collier wc County. E 0 o 12.1 The duty to defend under this Article is independent and separate from the duty to r2 indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor County and any indemnified party. The duty to defend arises immediately 711 upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article will 3 survive the expiration or earlier termination of this Agreement until it is determined by final 2 judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. a U 13, AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf ofCD the County by the Growth Management Department. N 0 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and cD shall acquire no interest, either direct or indirect, which would conflict in any manner with a' the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 0 CD 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the Q following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, o Exhibit A—Scope if Work and subsequent quotes. s Page 5 of 16 0 16-6610"Annual Contract for Landscape Packet Pg. 524 Ground Zero Landscaping 16.A.2.d 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. p. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee 0 of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to a. comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be .2 amended; taxation, workers' compensation, equal employment and safety (including, but o not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE 03 PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIANco OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 2 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 0 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Q 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public go Page 6 of 16 16-6610"Annual Contract for Landscape Packet Pg. 525 Ground Zero Landscaping 16.A.2.d records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, a) the Contractor shall destroy any duplicate public records that are exempt or co confidential and exempt from public records disclosure requirements. If the 0 Contractor keeps and maintains public records upon completion of the contract, c the Contractor shall meet all applicable requirements for retaining public ` records. All records stored electronically must be provided to the public :° agency, upon request from the public agency's custodian of public records, in aco format that is compatible with the information technology systems of the public o agency. o Tcs If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws r. a referenced herein shall constitute a breach of this Agreement and the County shall have o the discretion to unilaterally terminate this Agreement immediately. CD 6 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County a. encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. E w 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or c otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. a E E 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to 0 this Agreement in compliance with the Procurement Ordinance, as amended, and 0 Procurement Procedures. v co 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding > punchlist items, subsequently discovered evidence or subsequent inspections. The 2 County may nullify the whole or any part of any approval for payment previously issued co and the County may withhold any payments otherwise due Contractor under this o Agreement or any other Agreement between Owner and Contractor, to such extent as o may be necessary in the Owner's opinion to protect it from loss because of: (a) defective N Work not remedied; (b) third party claims failed or reasonable evidence indicating -a probable fling of such claims; (c) failure of Contractor to make payment properly to c subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work 0 can be completed for the unpaid balance of the Contract Amount; (e) reasonable c' indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the w Contract Documents. a If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. o 2 r 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from Q specifications shall be approved in writing by the County in advance. S Page 7 of 16 16-6610"Annual Contract for Landscape Packet Pg. 526 Ground Zero Landscaping 16.A.2.d 24. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to w the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work E' orally. Any modifications to this Agreement shall be in compliance with the County's 0 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties o given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall 0_ be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 3 Contractor further warrants to the County that all materials and equipment furnished .2 under the Contract Documents shall be applied, installed, connected, erected, used, o cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and 03 pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. o ca 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. a° The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor CD shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it o deems careless, incompetent, insubordinate or otherwise objectionable and whose 0 continued employment on Collier County projects is not in the best interest of the County. 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. Page 8 of 16 16-6610"Annual Contract for Landscape Packet Pg. 527 Ground Zero Landscaping 16.A.2.d 28. PROTECTION OF WORK. a) n. co A. Contractor shall fully protect the Work from loss or damage and shall bear the 0 cost of any such loss or damage until final payment has been made. If c Contractor or anyone for whom Contractor is legally liable is responsible for ` any loss or damage to the Work, or other work or materials of the County or :° County's separate contractors, Contractor shall be charged with the same, and u any monies necessary to replace such loss or damage shall be deducted from c any amounts due Contractor. 00 Tp B. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, a for whom Contractor is legally liable, disturbs the County's benchmarks, o Contractor shall immediately notify the County. The County shall re-establish up the benchmarks and Contractor shall be liable for all costs incurred by the CD County associated therewith. 0. 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of 2 persons or the Work or property at the Project site or adjacent thereto, Contractor, 1 without special instruction or authorization from County is obligated to act to prevent 2 threatened damage, injury or loss. Contractor shall give the County written notice within o forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have d been caused thereby. g E 0 If the County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to c0 document the consequences of the changes or variations. 00 If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek Q an adjustment to the Contract Amount or an extension to the Contract Time. m 0 a 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by o this Agreement to resolve disputes between the parties, the parties shall make a good 2 faith effort to resolve any such disputes by negotiation. The negotiation shall be 73 attended by representatives of Contractor with full decision-making authority and by o County's staff person who would make the presentation of any settlement reached o during negotiations to County for approval. Failing resolution, and prior to the 2 commencement of depositions in any litigation between the parties arising out of this E Agreement, the parties shall attempt to resolve the dispute through Mediation before an 0 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall Q be attended by representatives of Contractor with full decision-making authority and by ;; County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation 0 as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. ;,'"'ss Page 9 of 16 16-6610"Annual Contract for Landscape Packet Pg. 528 Ground Zero Landscaping 16.A.2.d 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive 0. jurisdiction on all such matters. 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County .2 reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely 0 basis, and each person assigned shall be available for an amount of time adequate to To meet the required service dates. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. a. rr 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If 2 Contractor does, with approval, assign this Agreement or any part thereof, it shall o require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. E 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management oo Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law 0 enforcement records, including a state and FBI fingerprint check, credit reports, L 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. 0 L All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and o properties. Contractor ID badges are valid for one (1) year from the date of issuance and L can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. L The Contractor shall immediately notify the Collier County Facilities Management a Division via e-mail (DL-FMOPS aC�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (42 (4) hours of separation may result in a deduction of$500 per incident. Page 10 of 16 16-6610"Annual Contract for Landscape Packet P 529 Ground Zero Landscaping g• 16.A.2.d IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. u 0. as u N BOARD OF COUNTY COMMISSIONERS 0 ATTEST: COLLIER COUNTY, FLORIDA L Dwight E. Brock, Clerk of Courts U 2 L By: By: o Donna Fiala, Chairman o Dated: Ta (SEAL) Q Ground Zero Landscaping Services, Inc. CO Contractor 6 0. u_ By: 72 First Witness Signature E 0 TType/print witness nameT TType/print signature and titleT o Co c a) Second Witness ? 0 u TType/print witness nameTct co co T a) Approved as to Form and Legality: cz 0 a 0. U sistant County Attorney o a) Ni Print Name 73 0 /Lry V a) a) S. 2 u w. liel Page 11 of 16 16-6610"Annual Contract for Landscape Packet Pg. 530 Ground Zero Landscaping 16.A.2.d Exhibit A SCOPE OF WORK Q N Category 1 Basic Landscape Maintenance 0 4- Technical Specifications T. The specifications for Category 1 include, but not limited to, median mowing and edging, side c i of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the right- of-way weeding, general site trimming, trash removal, and brick paver pressure cleaning. Subcontractors are not authorized to perform services for this category. O Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural a. debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. ° 0 0 • Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from 0 mowing. ce • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). -0 • Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. 0 • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the equipment to reduce the risk of objects and clippings being thrown onto ca pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. E • Grass shall be cut at a height no less than three and one half inches (3 %2"). The height of the grass blade shall not exceed six inches (6"). ¢ ° • The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract 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 Page 12 of 16 �`1® 16-6610"Annual Contract for Landscape packet P 531 Ground Zero Landscaping g• 16.A.2.d responsible for repairing any ruts caused by their mowers at no additional costs to the County. The Contractor is to avoid mowing in a way that will project grass clippings, d small rocks, and miscellaneous debris into oncoming traffic. 0.oa U N • Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, co 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. 12 4 • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, ci back of concrete curbs, around all plant beds, utility service boxes, street light bases, c sign posts, headwalls, guardrails, timer pedestals, posts and trees. a C'. • Metal blade edging is not permitted along plant bed and turf edges where an c' underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks a or curbs shall be cut and removed when the edging is performed. a. • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular 3 mowing service shall include: trash removal, mowing, and edging of the entire project. c 2 c • Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. 0 • Side of the road, a full mowing service shall include: side of the roadway mowing and o edging, all swale areas, and side of right-of-way trash removal. u cc Trash Removal 00 Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. 00 • Median trash removal and side of right-of-way trash removal for each service for all site o areas shall be cleaned by removing all trash or debris which shall include, but not 0 limited to the following: paper, bottles, cans, other trash, and horticultural debris. o a o • Disposing of trash and debris must be at a proper landfill or disposal site. o N Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters 2 and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the r mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. L Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other a adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. U RS Weeding a Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be - oJ Page 13 of 16 16-6610"Annual Contract for Landscape packet Pg. 532 Ground Zero Landscaping 16.A.2.d performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. 0_ General Site Trimming/Pruning N General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10') and below. L 0 • Shrub pruning should be done consistently throughout each median for all shrub types CD that require pruning so that landscape gives the appearance of continuity throughout E' that median and the entire project. 0 • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FOOT Indexes. • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as toco maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the County's Project Manager/designee or thece County's Representative. • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn lanes they must be pruned to a height of eighteen inches (18") by October 1st of each 0 year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. E • Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at aco maximum of eighteen thru twenty-four inches (18"- 24"). co • Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120") / or ten feet (10'). Q 0 • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea 2 is only considered pruning if the heights of the Bougainvillea are maintained to twenty- four inches (24") and not at a greater height. 0 L • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by County's Project Manager or designee. c) • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top E method. Page 14 of 16 C 16-6610"Annual Contract for Landscape Packet Pg. 533 Ground Zero Landscaping 16.A.2.d • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and approval of the County's Project Manager/designee or County's Representative. 0 cc • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. c —J • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. 2 r 0 • It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. rc • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") a co behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 116") mulched area from back of the curb shall be 4, maintained in the median planting beds, as a pathway for maintenance workers. a Li. ec • Shrubs and plant material shall not grow over the curbing and into the roadway. P. 3 • Shrubs and trimming as described above must be completed in order to submit an 2 invoice for payment. o • If there are shrubs that are overgrown, growing over the curb or obstructing the view of .1'73 vehicular traffic at the end of the month, this line item will not be paid. `) E 0 • As-built plan information is available through the Growth Management Department, 0 Road Maintenance Division, Landscape Operations section where sightlines are depicted on the landscape plan. coco Miscellaneous and Landscape Maintenance Responsibilities 0 If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as o determined by the County's Project Manager and/or designee, they shall be replaced at the 0 Contractor's expense. o a U The Contractor shall provide ramps or other devices to gain access over the curb to all 2 medians. The curb or turf areas shall not be damaged due to gaining access or they will be N furnished and replaced at the Contractor's expense. '0 V It shall be the Contractor's responsibility to notify the County's Project Manager or designee of any maintenance problems or additional maintenance needs. c 0 The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for 0 disease or insect infestation during each week's service to the site. The Contractor shall a immediately notify the County's Project Manager or designee should a disease or infestation 5 be found. U 2 The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site a and offsite communication in order to communicate with the County's Project Manager or designee. The Field Supervisor must be able to meet on-site when requested and must be Page 15 of 16 16-6610"Annual Contract for Landscape packet Pg. 534 Ground Zero Landscaping 16.A.2.d able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. Crew Size Each quote from awarded vendor will specify the number of crew members required for each • specific project. In the majority of projects, if required, the Contractor shall provide a minimum of six (6) employees when servicing the work site. Depending upon the work requested the crew size may increase or decrease. All work shall be completed within one (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at the same time. n. L 0 0 co 0 Q 0 L 0 Lq U t4 Page 16 of 16 16-6610"Annual Contract for Landscape Packet Pg. 535 Ground Zero Landscaping 16.A.2.e 0 a Co AGREEMENTI6-6610 N TS C CtI for L o Annual Contract for Landscape Maintenance L THIS AGREEMENT, made and entered into on this day of 2016, byc0 and between Caribbean Lawn & Garden of SW Naples FL, Inc., authorized to do business in Ta the State of Florida, whose business address is 3307 Desoto Boulevard South, Naples c Florida 34117, (the "Contractor") and Collier County, a political subdivision of the State of a Florida, (the "County"): c.o ca WITNESSETH: 0 a- U- ce 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all 1 outstanding Purchase Orders issued prior to the expiration of the Agreement period 2 have been completed or terminated. The County may, at its discretion and with the o consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County c shall give the Contractor written notice of the County's intention to renew the Agreement ? term prior to the end of the Agreement term then in effect. 0 a> ce The County Manager, or his designee, may, at his discretion, extend the Agreement 03 under all of the terms and conditions contained in this Agreement for up to one hundred03 and eighty (180) days. The County Manager, or his designee, shall give the Contractor — written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. a. Q. ca 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight o (8) firms qualified and awarded an Agreement. The Contractor under Agreement will v provide complete services for Landscape Maintenance in the following category: 3 E Category 1: Basic Landscape Maintenance as 0) The Contractor shall provide landscaping maintenance services in accordance with the r. terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's v proposal referred to herein and made an integral part of this Agreement. This a' Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance 0 with the County's Procurement Ordinance, as amended, and Procurement Procedures Q in effect at the time such services are authorized. C 0 E 0 2 Page 1 of 16 ID 16-6610"Annual Contract for Landscape Packet Pg. 536 Caribbean Lawn&Garden of SW N I6.A.2.e Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the 0 Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the -' Contractor that submits the lowest responsive quote. o 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a c.; specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 3.1 Price Methodology: tO Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project ft (cost of materials plus the contractor's mark up). This methodology is generally used in re 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 2 would include number of hours worked and billing rate by position (and not company (or o 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, 0 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 co invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. d 3.2 Any County agency may purchase services under this Agreement, provided 2 sufficient funds are included in their budget(s). 0_ 0 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond o 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 o timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes a) associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. Page 2 of 16 C�®l 16-6610"Annual Contract for Landscape Packet Pg. 537 Caribbean Lawn&Garden of SW N 16.A.2.e 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if a) mailed or faxed to the Contractor at the following Address: U) Caribbean Lawn & Garden of SW Naples, FL, Inc. 3307 Desoto Boulevard South Naples, Florida 34117 Attn: Maria Caraza, Vice President Telephone: (239) 455-7278 o 0 Facsimile: (239) 455-7645 Ta caribbeanlawns(a earthlink.net All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: co a. U- a! Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East 2 Naples, Florida 34112 0 Attention: Director, Procurement Services Division f Telephone: 239-252-8407 Facsimile: 239-252-6480 0 0 a) The Contractor and the County may change the above mailing address at any time upon co giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating 2 a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. U .cr Page 3 of 16 .40 16-6610"Annual Contract for Landscape Packet Pg. 538 Caribbean Lawn&Garden of SW N 16.A.2.e 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four 0 (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the a satisfaction of the County. 0 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the services in a manner satisfactory to the County and a. requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) dayP. written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 2 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. E 11. INSURANCE. The Contractor shall provide insurance as follows: 0 A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 co Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage ao Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. O B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage o Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for 3 each accident. 4 • Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page 4 of 16 16-6610"Annual Contract for Landscape packet P 539 Caribbean Lawn&Garden of SW I g• 16.A.2.e Renewal certificates shall be sent to the County ten (10) days prior to any expiration d date. Coverage afforded under the policies will not be canceled or allowed to expirect a. until the greater of: ten (10) days prior written notice, or in accordance with policy a provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) R hours after receipt, of any notices of expiration, cancellation, non-renewal or material L change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. cc Contractor shall ensure that all subcontractors comply with the same insurance ci requirements that Contractor is required to meet. 0 _ _ 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor a shall indemnify and hold harmless Collier County, its officers and employees from any o and all liabilities, damages, losses and costs, including, but not limited to, reasonable w attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this w Agreement by Contractor, any statutory or regulatory violations, or from personal injury, a. property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 3 Contractor or anyone employed or utilized by the Contractor in the performance of this i Agreement. This indemnification obligation shall not be construed to negate, abridge or ° reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 0 This section does not pertain to any incident arising from the sole negligence of Collier i County. U rx 12.1 The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor County and any indemnified party. The duty to defend arises immediately - upon presentation of a claim by any party and written notice of such claim being provided > to Contractor. Contractor's obligation to indemnify and defend under this Article will 2 survive the expiration or earlier termination of this Agreement until it is determined by final g judgment that an action against the County or an indemnified party for the matter o indemnified hereunder is fully and finally barred by the applicable statute of limitations. < 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of J the County by the Growth Management Department. c a) xi 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. '' a) 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the 2 following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual E Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, g Exhibit A—Scope if Work and subsequent quotes. CO re Page 5 of 16 p, 16-6610"Annual Contract for Landscape packet Pg. 540 Caribbean Lawn&Garden of SW 16.A.2.e 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County tt Commissioners. cn 17. 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 ca Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of 3 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 a time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. e- 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the a. Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as S located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be o amended; taxation, workers' compensation, equal employment and safety (including, but (41 not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 0 cc IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: as Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 a. Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the 2 service. L 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from . public records disclosure requirements are not disclosed except as authorized �. by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. .� 4. Upon completion of the contract, transfer, at no cost, to the public agency all .1 public records in possession of the Contractor or keep and maintain public Q Page 6 of 16 0 16-6610"Annual Contract for Landscape Packet P 541 Caribbean Lawn&Garden of SW t g• 16.A.2.e records required by the public agency to perform the service. If the Contractor w transfers all public records to the public agency upon completion of the contract, 0 the Contractor shall destroy any duplicate public records that are exempt or 0 confidential and exempt from public records disclosure requirements. If the c Contractor keeps and maintains public records upon completion of the contract, L the Contractor shall meet all applicable requirements for retaining public .° records. All records stored electronically must be provided to the public 0 agency, upon request from the public agency's custodian of public records, in a o format that is compatible with the information technology systems of the public o agency. c If Contractor observes that the Contract Documents are at variance therewith, it shall a promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. ,w LI 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and 3 conditions of this solicitation or resultant Agreement to other governmental entities at the t6 discretion of the successful proposer. c 0 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or i otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. E E 0 U 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and 00 Procurement Procedures. °° 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding 2 o. punchlist items, subsequently discovered evidence or subsequent inspections. The a. County may nullify the whole or any part of any approval for payment previously issued oo and the County may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as c may be necessary in the Owner's opinion to protect it from loss because of: (a) defective J Work not remedied; (b) third party claims failed or reasonable evidence indicating c probable fling of such claims; (c) failure of Contractor to make payment properly to 2 subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work .2 can be completed for the unpaid balance of the Contract Amount; (e) reasonable 3 indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. (13 o) If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from y specifications shall be approved in writing by the County in advance. Q Page 7 of 16 '-:C4O 16-6610"Annual Contract for Landscape Packet Pg. 542 Caribbean Lawn&Garden of SW t 16.A.2.e 24. CHANGES IN THE WORK. The County shall have the right at any time during theCD progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's To Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the LL County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 0 Contractor further warrants to the County that all materials and equipment furnished 0 under the Contract Documents shall be applied, installed, connected, erected, used, j cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in oo conformance with the Contract Documents, Contractor shall correct it promptly after 00 receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 0 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it .Q deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the o County. 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the c Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or f approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. Page 8 of 16 c�0 16-6610"Annual Contract for Landscape Packet Pg. 543 Caribbean Lawn&Garden of SW f 16.A.2.e 28. PROTECTION OF WORK. a CD A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If c Contractor or anyone for whom Contractor is legally liable is responsible for L any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and L any monies necessary to replace such loss or damage shall be deducted from o any amounts due Contractor. 0 Tz 0 B. Contractor shall not disturb any benchmark established by the County with c respect to the Project. If Contractor, or its subcontractors, agents or anyone, a for whom Contractor is legally liable, disturbs the County's benchmarks, o Contractor shall immediately notify the County. The County shall re-establish CD the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. a. 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, o without special instruction or authorization from County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County written notice within o forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that 13 any significant changes in the Work or variations from the Contract Documents have E been caused thereby. o U If the County determines that a change in the Contract Documents is required because 0 of the action taken in response to an emergency, a written Order shall be issued to co document the consequences of the changes or variations. 00 If Contractor fails to provide the forty-eight (48) hour written notice noted above, the a) Contractor shall be deemed to have waived any right it otherwise may have had to seek 20. an adjustment to the Contract Amount or an extension to the Contract Time. CO 0 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by v this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be 0 attended by representatives of Contractor with full decision-making authority and by 0 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this U Agreement, the parties shall attempt to resolve the dispute through Mediation before an E' agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall '' be attended by representatives of Contractor with full decision-making authority and by W County's staff person who would make the presentation of any settlement reached at a mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. U Lo Page 9 of 16 16-6610"Annual Contract for Landscape Packet Pg. 544 Caribbean Lawn&Garden of SW P 16.A.2.e 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor 0 shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of CD any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this a. Agreement shall take precedence. cc 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer 2 this Agreement, or any part herein, without the County's consent, shall be void. If o Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the03 costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, Q education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. E The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(cr�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. } • Page 10 of 16 16-6610"Annual Contract for Landscape Packet Pg. 545 Caribbean Lawn&Garden of SW P 16.A.2.e IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. cti BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: 0 0 Donna Fiala, Chairman 73 Dated: (SEAL) O Caribbean Lawn & Garden of SW Naples, FL, Inc. crs a LL Contractor cc T2 L Co By: 20 First Witness Signature cti TType/print witness name TType/print signature and titleT E 0 m Second Witness ce c TType/print witness name co0) 0 L 0. Approved as to Form and Legality: °a 1 = Assistant County Attorney -' Print Name CD ) L (13 Page 11 of 16 16-6610"Annual Contract for Landscape Packet Pg. 546 Caribbean Lawn&Garden of SW t 16.A.2.e Exhibit A SCOPE OF WORK Q Category 1 N Basic Landscape Maintenance L Technical Specifications �° The specifications for Category 1 include, but not limited to, median mowing and edging, side o of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the 0 right- of-way weeding, general site trimming, trash removal, and brick paver pressure 3 cleaning. Subcontractors are not authorized to perform services for this category. Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous ft objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. 0 • Mowing and edging shall include medians and areas along the outside edge of the 0 sidewalks of adjacent properties, if existing, which are not currently maintained by the 0 property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from E mowing. • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to v the right-of-way line (in most cases the wooden power poles). co • Swale areas must be mowed throughout the entire year. If mowing is not possible and o the swales are full of water, the swales must be addressed at every service to reduce a the height of the weeds to 12"above the water. 0 • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the equipment to reduce the risk of objects and clippings being thrown onto J pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. 2 tp • Grass shall be cut at a height no less than three and one half inches (3 1/2"). The height of the grass blade shall not exceed six inches (6"). a)E • The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +1-) diameter hand walk behind type mowers to prevent wheel ruts E 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 Page 12 of 16 16-6610"Annual Contract for Landscape packet P 547 Caribbean Lawn&Garden of SW INg• 16.A.2.e County. The Contractor is to avoid mowing in a way that will project grass clippings, N small rocks, and miscellaneous debris into oncoming traffic. a 0) Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, c • shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks, or L other areas, resulting from edging, shall be removed. No herbicide shall be used for U edging. rz • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, o back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Q • Metal blade edging is not permitted along plant bed and turf edges where an 0 underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks a or curbs shall be cut and removed when the edging is performed. ce 7. • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular 3 mowing service shall include: trash removal, mowing, and edging of the entire project. y.. c • Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. 13 C) • Side of the road, a full mowing service shall include: side of the roadway mowing and o edging, all swale areas, and side of right-of-way trash removal. U W Trash Removal co Prior to mowing turfaareas, the Contractor shall remove all debris trash from service site. 73 • Median trash removal and side of right-of-way trash removal for each service for all site o areas shall be cleaned by removing all trash or debris which shall include, but not a limited to the following: paper, bottles, cans, other trash, and horticultural debris. co o • Disposing of trash and debris must be at a proper landfill or disposal site. 0 3 E Street Cleaning c Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the .0 mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. 0 Blowing shall be directed toward the existing landscape median or grass. < Weeding I✓ Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, c curb joints and other mulched areas by chemical and/or hand removal and must be 2 "o Page 13 of 16 16-6610"Annual Contract for Landscape packet Pg. 548 Caribbean Lawn&Garden of SW ' 16.A.2.e performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. 0. General Site Trimming/Pruning a General site pruning shall be defined as the pruning of any plant's foliage height that is ten feet (10') and below. • Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that median and the entire project. Ird • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FDOT Indexes. o • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as toa. maintain the proper or required heights for visibility, vehicular movement purposes and 12 desired shape or form as determined by the County's Project Manager/designee or the County's Representative. 0 • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn 0 lanes they must be pruned to a height of eighteen inches (18") by October 1st of each ccs year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. E 0 • Groundcovers and shrubs shall be maintained at the required height as specified by the cc County's Project Manager or designee up to a maximum height of thirty-six inches co (36"), with the exceptions of sight windows when the height needs to be maintained at a co maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a 0. minimum height of one hundred twenty inches (120") / or ten feet (10'). 0 • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea is only considered pruning if the heights of the Bougainvillea are maintained to twenty- -J four inches (24") and not at a greater height. .00 • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by County's Project Manager or designee. E • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee ED- grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. E U Page 14 of 16 16-6610"Annual Contract for Landscape Packet Pg. 549 Caribbean Lawn&Garden of SW t` 16.A.2.e • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and d approval of the County's Project Manager/designee or County's Representative. 0.N • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, c Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. o w • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to L maintain a one foot (1') of clearance from the edge of the pathway. o U • It is recommended that adjacent shrubs and groundcovers be maintained so that they ti are angled or are rounded away from the pathway. cz c • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") tD behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be a maintained in the median planting beds, as a pathway for maintenance workers. u_ T. • Shrubs and plant material shall not grow over the curbing and into the roadway. 3 c 0 • Shrubs and trimming as described above must be completed in order to submit an c invoice for payment. c • If there are shrubs that are overgrown, growing over the curb or obstructing the view of E vehicular traffic at the end of the month, this line item will not be paid. Eo u 0 • As-built plan information is available through the Growth Management Department, °G Road Maintenance Division, Landscape Operations section where sightlines are 03 depicted on the landscape plan. d Miscellaneous and Landscape Maintenance Responsibilities If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as Q determined by the County's Project Manager and/or designee, they shall be replaced at the o Contractor's expense. a U EThe Contractor shall provide ramps or other devices to gain access over the curb to all E medians. The curb or turf areas shall not be damaged due to gaining access or they will be c furnished and replaced at the Contractor's expense. Cti It shall be the Contractor's responsibility to notify the County's Project Manager or designeeo of any maintenance problems or additional maintenance needs. c The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for 0 disease or insect infestation during each week's service to the site. The Contractor shall c immediately notify the County's Project Manager or designee should a disease or infestation a be found. E The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site u and offsite communication in order to communicate with the County's Project Manager or designee. The Field Supervisor must be able to meet on-site when requested and must bA.))Page 15 of 16 16-6610"Annual Contract for Landscape packet Pg. 550 Caribbean Lawn&Garden of SW P 16.A.2.e able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available to answer questions and/or make decisions. Crew Size Each quote from awarded vendor will specify the number of crew members required for each specific project. In the majority of projects, if required, the Contractor shall provide a crs minimum of six (6) employees when servicing the work site. Depending upon the work requested the crew size may increase or decrease. All work shall be completed within one 0 (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is Tts to have the entire segments under this contract completed at the same time. O a LL CC 0 0 *fig C) cE G 0 C C) ce W 00 Q) O L 0. 0. 0 U c S R J .0 cC L CC U C) w CD rn E t• Page 16 of 16 16-6610"Annual Contract for Landscape Packet Pg. 551 Caribbean Lawn&Garden of SW F 16.A.2.f AGREEMENT16-6610 �. ca for Annual Contract for Landscape Maintenance .° to i� THIS AGREEMENT, made and entered into on this day of 2016, by v and between Scott Lowery Landscaping, Inc., authorized to do business in the State of Florida, whose business address is 733 91st Ave North, Naples Florida 34108, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 44) a. 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing 7_ on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period o have been completed or terminated. The County may, at its discretion and with the o consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. ce The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred co and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of 0 the Agreement term then in effect. o 0. cl- 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight (8) firms qualified and awarded an Agreement. The Contractor under Agreement will � provide complete services for Landscape Maintenance in the following category: Category 1: Basic Landscape Maintenance The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications c) to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance cs, with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. E CAOU cc Page 1 of 16 16-6610"Annual Contract for Landscape Packet Pg. 552 Scott Lowery Lr 16.A.2.f J Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the C Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the J Contractor that submits the lowest responsive quote. 8 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a o specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 3.1 Price Methodology: Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project a (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 -2 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 o subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. C) E 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.). Thecc invoice must identify the unit price and the number of units received (no contractor co inventory or cost verification. 03 3.2 Any County agency may purchase services under this Agreement, provided o sufficient funds are included in their budget(s). Q 3.3 Payment will be made upon receipt of a proper invoice and in compliance with °a Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) J months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the �' timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes CD associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter E 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. a. C40 Page 2 of 16 16-6610"Annual Contract for Landscape Packet Pg. 553 Scott Lowery L: 16.A.2.f 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: 0 0 u) Scott LowerytLandscaping, Inc. c CIS 733 91S Avenue North Naples, Florida 34109 Attn: Scott Lowery, President 15 Telephone: (239) 598-4237 as Facsimile: (239) 597-9642 SLowervlandscapeAaol.com Tis z c All Notices from the Contractor to the County shall be deemed duly served if mailed or c faxed to the County to: o Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East a. Naples, Florida 34112 re Attention: Director, Procurement Services Division T. Telephone: 239-252-8407 :i Facsimile: 239-252-6480 0 The Contractor and the County may change the above mailing address at any time upon . giving the other party written notification. All notices under this Agreement must be in CS writing. E 0 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating 0 Ce a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 0 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits 0 necessary for the prosecution of the Work shall be obtained by the Contractor. The 'o County will not be obligated to pay for any permits obtained by Subcontractors. ca Payment for all such permits issued by the County shall be processed internally by the ,°Q County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible 3 for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to 8 comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. c) E 8. 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 a purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in E effect or hereafter enacted or adopted. In the event of such violation by the Contractor 45 or if the County or its authorized representative shall deem any conduct on the part of d the Contractor to be objectionable or improper, the County shall have the right to C40 Page 3 of 16 16-6610"Annual Contract for Landscape Packet Pg. 554 Scott Lowery La 16.A.2.f suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four Q (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence -t3 operation during the suspension period until the violation has been corrected to the J satisfaction of the County. 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the services in a manner satisfactory to the County and o requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. U. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 0 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; .1473 Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage CD Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and cc Employee Non-Ownership. a0 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. o L. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability J Policy. Current, valid insurance policies meeting the requirement herein identified shall be cn maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) E hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. C� Page 4 of 16 16-6610"Annual Contract for Landscapl Packet Pg. 555 Scott Lowery L 16.A.2.f Contractor shall ensure that all subcontractors comply with the same insurance Q requirements that Contractor is required to meet. co 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any 5. and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this co Agreement by Contractor, any statutory or regulatory violations, or from personal injury, v property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the = Contractor or anyone employed or utilized by the Contractor in the performance of this c Agreement. This indemnification obligation shall not be construed to negate, abridge or o reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. to Q. This section does not pertain to any incident arising from the sole negligence of Collier t County. 12 12.1 The duty to defend under this Article is independent and separate from the duty to 0 indemnify, and the duty to defend exists regardless of any ultimate liability of the c Contractor County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided = to Contractor. Contractor's obligation to indemnify and defend under this Article will `) survive the expiration or earlier termination of this Agreement until it is determined by final o judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. ce 00 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of 0 the County by the Growth Management Department. -� 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and Q shall acquire no interest, either direct or indirect, which would conflict in any manner with . the performance of services required hereunder. Contractor further represents that no o persons having any such interest shall be employed to perform those services. 0 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the o following component parts, all of which are as fully a part of the Agreement as if herein w set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual 3 Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, 0 Exhibit A—Scope if Work and subsequent quotes. c E 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between T. the parties herein that this Agreement is subject to appropriation by the Board of County a Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual 0 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 Page 5 of 16 (c74-0) 16-6610"Annual Contract for Landscape packet Pg. 556 Scott Lowery La 16.A.2.f Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of Q the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the o Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida a Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 c Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the o service. a 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be °a inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from 0 public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public c) records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public Page 6 of 16 ��o) 16-6610"Annual Contract for Landscape Packet Pg. 557 Scott Lowery Lk 1 6.A.2.f agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public co co agency. If Contractor observes that the Contract Documents are at variance therewith, it shall co promptly notify the County in writing. Failure by the Contractor to comply with the laws o referenced herein shall constitute a breach of this Agreement and the County shall have t the discretion to unilaterally terminate this Agreement immediately. co 0 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier Countyra encourages and agrees to the successful proposer extending the pricing, terms and 0 conditions of this solicitation or resultant Agreement to other governmental entities at the a discretion of the successful proposer. c- 0 7.r 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or 0 otherwise unenforceable, in whole or in part, the remaining portion of this Agreement a. shall remain in effect. u.u. L 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to E this Agreement in compliance with the Procurement Ordinance, as amended, and o Procurement Procedures. o ... 22. PAYMENTS WITHHELD. The County may decline to approve any Application for 0 Payment, or portions thereof, because of defective or incomplete work, outstanding ? punchlist items, subsequently discovered evidence or subsequent inspections. The o County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this cc .. Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating 0 probable fling of such claims; (c) failure of Contractor to make payment properly to 0 subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work 8.a can be completed for the unpaid balance of the Contract Amount; (e) reasonable 0 o indication that the Work will not be completed within the Contract Time; (f) unsatisfactory a prosecution of the Work by the Contractor; or (g) any other material breach of the o Contract Documents. 3 0 J If any conditions described above are not remedied or removed, the County may, after o three (3) days written notice, rectify the same at Contractor's expense. o 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from a' specifications shall be approved in writing by the County in advance. `) a) L cctn 24. CHANGES IN THE WORK. The County shall have the right at any time during the . . progress of the Work to increase or decrease the Work. Promptly after being notified of c a change, Contractor shall submit a quote of any cost or time increases or savings it .c foresees as a result of the change. Except in an emergency endangering life or w property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to c40 Page 7 of 16 16-6610"Annual Contract for Landscape Packet Pg. 558 Scott Lowery LE 16.A.2.f the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work Q orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such -0 modifications are authorized. 03 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the o County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in u_ the Contract Documents. 12 L If, within one (1) year after final completion, any Work is found to be defective or not in o conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and t° pay for replacement or repair of adjacent materials or Work which may be damaged as a 0 result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, 00 well-groomed and courteous. Subject to the American with Disabilities Act, Contractor00 shall supply competent employees who are physically capable of performing their 0 employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. °a U 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, 42 Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. a) 28. PROTECTION OF WORK. e A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If 5 Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or Page 8 of 16 16-6610"Annual Contract for Landscape Packet Pg. 559 Scott Lowery L< 16.A.2.f County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from a. any amounts due Contractor. ctsN B. Contractor shall not disturb any benchmark established by the County with al respect to the Project. If Contractor, or its subcontractors, agents or anyone, .° for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish Y the benchmarks and Contractor shall be liable for all costs incurred by the U County associated therewith. To c 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of a persons or the Work or property at the Project site or adjacent thereto, Contractor, o without special instruction or authorization from County is obligated to act to prevent to threatened damage, injury or loss. Contractor shall give the County written notice within 6 forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that a any significant changes in the Work or variations from the Contract Documents have u. been caused thereby. 12 If the County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to 0 document the consequences of the changes or variations. c If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek o an adjustment to the Contract Amount or an extension to the Contract Time. 0 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by co co this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be 13 attended by representatives of Contractor with full decision-making authority and by o County's staff person who would make the presentation of any settlement reached cL during negotiations to County for approval. Failing resolution, and prior to the o commencement of depositions in any litigation between the parties arising out of this a Agreement, the parties shall attempt to resolve the dispute through Mediation before an �, agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall 3 be attended by representatives of Contractor with full decision-making authority and by J County's staff person who would make the presentation of any settlement reached at o mediation to County's board for approval. Should either party fail to submit to mediation N as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. c. 31. VENUE. Any suit or action brought by either party to this Agreement against a other party relating to or arising out of this Agreement must be brought in the ppropriate a federal or state courts in Collier County, Florida, which courts have sole a d exclusive jurisdiction on all such matters. U S Page 9of16 16-6610"Annual Contract for Landscape Packet Pg. 560 Scott Lowery Ls 16.A.2.f 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County C. reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. t6 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of o any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer t° this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall u_ require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be 0 responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law 0 enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. co Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. "0 All of Contractor's employees and subcontractors must wear Collier County Government 2 Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and o can be renewed each year at no cost to the Contractor during the time period in which 0 their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 0 The Contractor shall immediately notify the Collier County Facilities Management o Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the a' continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. L i-> * * * * * CL U d Page 10 of 16 16-6610"Annual Contract for Landscape Packet P 561 Scott Lowery L: g. 16.A.2.f IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. 0 as N .a BOARD OF COUNTY COMMISSIONERS J ATTEST: COLLIER COUNTY, FLORIDA o Dwight E. Brock, Clerk of Courts U 4E'By: By: v Donna Fiala, Chairman Ti Dated: _ (SEAL) a 0 Scott Lowery Landscaping, Inc. 0 :: t.act01. na u. cc L . i First Witness Signature o c TType/print witness nameT 1'Type/print signature and titleT 0 c E Second Witness E TType/print witness nameT co co 0 0 L pproved as to Form and Legality: a CO 0 e U ssistant County Attorney z 3 Print Name J 0 0 u) C d CD 2 L rn Q ? 0 RS liel Page 11 of 16 16-6610"Annual Contract for Landscape Packet Pg. 562 Scott Lowery LE 16.A.2.f Exhibit A SCOPE OF WORK U Category 1 Basic Landscape Maintenance o Technical Specifications T. The specifications for Category 1 include, but not limited to, median mowing and edging, side of the right-of-way (ROW) mowing and edging, street cleaning, median weeding, side of the right- of-way weeding, general site trimming, trash removal, and brick paver pressure cleaning. Subcontractors are not authorized to perform services for this category. o Mowing and Edging to Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's Project Manager or designee depending upon seasonal conditions. 0 • Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the E property owners. Contractor shall ensure all trash and debris is disposed of the same 0 day and areas with pavement and curbing shall be clear of all grass clippings from mowing. 00 00 • Right-of-way mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power poles). 0 • Swale areas must be mowed throughout the entire year. If mowing is not possible and a the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. • All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the equipment to reduce the risk of objects and clippings being thrown onto pedestrians, pavement and vehicles, etc. Should bagging be necessary, the bagged �n clippings shall be collected and removed at no additional cost to Collier County. :. • Grass shall be cut at a height no less than three and one half inches (3 W). The height cp of the grass blade shall not exceed six inches (6"). • • The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf 5 that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts a in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be Page 12 of 16 16-6610"Annual Contract for Landscape Packet Pg. 563 Scott Lowery Lt 16.A.2.f responsible for repairing any ruts caused by their mowers at no additional costs to the County. The Contractor is to avoid mowing in a way that will project grass clippings, 0co . small rocks, and miscellaneous debris into oncoming traffic. co • Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, J shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks, or o other areas, resulting from edging, shall be removed. No herbicide shall be used for edging. co2' 0 • Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, To back of concrete curbs, around all plant beds, utility service boxes, street light bases, s sign posts, headwalls, guardrails, timer pedestals, posts and trees. a 0 • Metal blade edging is not permitted along plant bed and turf edges where anai underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks a or curbs shall be cut and removed when the edging is performed. Et 7. • Swales and dry retention areas must be mowed and/or weed trimmed. A full singular 2 mowing service shall include: trash removal, mowing, and edging of the entire project. o 0 • Medians full mowing service shall include: median mowing and edging and medianCIS trash removal for the entire site. c E • Side of the road, a full mowing service shall include: side of the roadway mowing and edging, all swale areas, and side of right-of-way trash removal. cc co Trash Removal v Prior to mowing turf areas, the Contractor shall remove all debris trash from service site. 73 co • Median trash removal and side of right-of-way trash removal for each service for all site o areas shall be cleaned by removing all trash or debris which shall include, but not D limited to the following: paper, bottles, cans, other trash, and horticultural debris. o a U • Disposing of trash and debris must be at a proper landfill or disposal site. O Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the rn mowing service to remove any accumulation of debris or objectionable growth to maintain a E' neat and safe condition. 0 Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other co adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. c 0 Weeding, r Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be Page 13 of 16 16-6610"Annual Contract for Landscape Packet Pg. 564 Scott Lowery U I6.A.2.f performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. Q General Site Trimming/Pruning General site pruning shall be defined as the pruning of any plant's foliage height that is ten co feet (10') and below. • Shrub pruning should be done consistently throughout each median for all shrub types L that require pruning so that landscape gives the appearance of continuity throughout c that median and the entire project. • Shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24") for sight visibility per FDOT Indexes. o • Groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the County's Project Manager/designee or the -? County's Representative. • Pruning includes groundcover, shrubs, and trees within the sight window and at all turn o lanes they must be pruned to a height of eighteen inches (18") by October 1st of each year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. • Groundcovers and shrubs shall be maintained at the required height as specified by the County's Project Manager or designee up to a maximum height of thirty-six inches 03 (36"), with the exceptions of sight windows when the height needs to be maintained at a03 maximum of eighteen thru twenty-four inches (18"- 24"). • Plant material with a canopy over pathways or sidewalks shall be maintained at a o minimum height of one hundred twenty inches (120") /or ten feet (10'). ccs Q 0 • Bougainvilleas and Green Island Ficus are to be maintained to at a maximum height of twenty-four inches (24") throughout the year. The removal of sprouts for Bougainvillea �. is only considered pruning if the heights of the Bougainvillea are maintained to twenty- four inches (24") and not at a greater height. • Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") cn and pruned in May of each year or as directed by County's Project Manager or 4. designee. • Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth. Grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. U .F a Page 14 of 16 16-6610"Annual Contract for Landscape packet Pg. 565 Scott Lowery Lt 1 6.A.2.f • Ornamental grass such as Liriope Muscari shall only be pruned at the direction and approval of the County's Project Manager/designee or County's Representative. 0 U • Old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, c Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. J `o • Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to ro maintain a one foot (1') of clearance from the edge of the pathway. E 0 U • It is recommended that adjacent shrubs and groundcovers be maintained so that they Ti are angled or are rounded away from the pathway. a • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") c•• behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1' to 1'6") mulched area from back of the curb shall be <45 maintained in the median planting beds, as a pathway for maintenance workers. a w • Shrubs and plant material shall not grow over the curbing and into the roadway. 1.E • Shrubs and trimming as described above must be completed in order to submit an 0 invoice for payment. ° • If there are shrubs that are overgrown, growing over the curb or obstructing the view of c vehicular traffic at the end of the month, this line item will not be paid. 0 v • As-built plan information is available through the Growth Management Department, LI' Road Maintenance Division, Landscape Operations section where sightlines are depicted on the landscape plan. °° Miscellaneous and Landscape Maintenance Responsibilities > If plants, shrubs, trees, grass or foliage die due to neglect or damaged by the Contractor as determined by the County's Project Manager and/or designee, they shall be replaced at the 0. Contractor's expense. a 0 The Contractor shall provide ramps or other devices to gain access over the curb to all L medians. The curb or turf areas shall not be damaged due to gaining access or they will be o furnished and replaced at the Contractor's expense. 0 It shall be the Contractor's responsibility to notify the County's Project Manager or designee rn of any maintenance problems or additional maintenance needs. ` The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for 0 disease or insect infestation during each week's service to the site. The Contractor shall a immediately notify the County's Project Manager or designee should a disease or infestation be found. c) The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site V and offsite communication in order to communicate with the County's Project Manager or a designee. The Field Supervisor must be able to meet on-site when requested and must be Page 15 of 16 16-6610"Annual Contract for Landscape Packet Pg. 566 Scott Lowery L. 16.A.2.f able to answer any questions regarding the landscape maintenance for the specifications herein. If, Contractor is unavailable there must be a secondary person who can be available Q to answer questions and/or make decisions. N Crew Size CO= Each quote from awarded vendor will specify the number of crew members required for each o specific project. In the majority of projects, if required, the Contractor shall provide a minimum of six (6) employees when servicing the work site. Depending upon the work 4. requested the crew size may increase or decrease. All work shall be completed within one o (1) visit, and if required, a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at the same time. v, a LL 0 cc CD co O L Q a m O a.. Q •• Page 16 of 16 16-6610"Annual Contract for Landscape Packet P 567 Scott Lowery L< g• 16.A.2.g 0 AGREEMENT16-6610 a for Annual Contract for Landscape Maintenance 0 THIS AGREEMENT, made and entered into on this day of 2016, by and between Signature Tree Care, LLC, authorized to do business in the State of Florida, whose business address is 15275 Collier Blvd. Suite 201-276, Naples Florida 34119, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): (73 a. WITNESSETH: IJ- L 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all 0 outstanding Purchase Orders issued prior to the expiration of the Agreement period o have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. ce The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of o the Agreement term then in effect. C 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight (8) firms qualified and awarded an Agreement. The Contractor under Agreement will provide complete services for Landscape Maintenance in the following category: co Category 3: Tree Maintenance & Arborist The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance E with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. E 0 Fc Page 1 of 20 16-6610"Annual Contract for Landscape packet Pg. 568 Signature T 16.A.2.g Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors shall respond with the information sought within the time specified by the Project Manager, or designee. The Project Manager, or designee, will award the Work to the a Contractor that submits the lowest responsive quote. 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of v the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation pursuant to the Price Methodology in Section 3.1. 3.1 Price Methodology: 0 Time and Materials: The County agrees to pay the contractor for the amount of labor co time spent by the contractor's employees and subcontractors to perform the work a (number of hours times hourly rate), and for materials and equipment used in the project ce (cost of materials plus the contractor's mark up). This methodology is generally used in P. 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 o business practice, these contracts include back-up documentation of costs; invoices o 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. E 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 co invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 0 a 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment v Act." Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. in 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. IC Q Page 2 of 20 16-6610"Annual Contract for Landscape Packet Pg. 569 Signature T 16.A.2.g 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if a) mailed or faxed to the Contractor at the following Address: u c ca Signature Tree Care, LLC. 15275 Collier Blvd. Suite 201-276 0 Naples, Florida 34119 Attn: Stephanie Orlikoff, Office Manager Telephone: (239) 348-1330 0 Facsimile: (239) 348-3133 Ti info(c�signaturetreecare.com c a All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: u; Collier County Government Center Procurement Services Division re 3327 Tamiami Trail, East 2 Naples, Florida 34112 3 Attention: Director, Procurement Services Division o Telephone: 239-252-8407 c Facsimile: 239-252-6480 13C The Contractor and the County may change the above mailing address at any time upon E giving the other party written notification. All notices under this Agreement must be in 0 writing. w co 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creatingco a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 73 2 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits Q necessary for the prosecution of the Work shall be obtained by the Contractor. The co County will not be obligated to pay for any permits obtained by Subcontractors. a Payment for all such permits issued by the County shall be processed internally by the v County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 0) shall comply with all rules, regulations and laws of Collier County, the State of Florida, orca the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons i7i employed by the Contractor. E' E 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to L use in any manner whatsoever, County facilities for any improper, immoral or offensive a purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in ? effect or hereafter enacted or adopted. In the event of such violation by the Contractor 0 or if the County or its authorized representative shall deem any conduct on the part of cqc Page 3 of 20 16-6610"Annual Contract for Landscape Packet Pg. 570 Signature T 16.A.2.g the Contractor to be objectionable or improper, the County shall have the right to a suspend the Agreement of the Contractor. Should the Contractor fail to correct any N such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 03 9. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to ato particular Project, termination shall be governed by the terms of the Purchase Order. a. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: o A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage00 to Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Q Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. E Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material as Page 4 of 20 ® Q 16-6610"Annual Contract for Landscape Packet Pg. 571 Signature T 16.A.2.g change in coverage or limits received by Consultant from its insurer, and nothing a contained herein shall relieve Contractor of this requirement to provide notice. y c Contractor shall ensure that all subcontractors comply with the same insurance L requirements that Contractor is required to meet. .° U 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any 0 and all liabilities, damages, losses and costs, including, but not limited to, reasonable a attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this c Agreement by Contractor, any statutory or regulatory violations, or from personal injury, Q property damage, direct or consequential damages, or economic loss, to the extent o caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this th Agreement. This indemnification obligation shall not be construed to negate, abridge or n u. reduce any other rights or remedies which otherwise may be available to an indemnified ce party or person described in this paragraph. T. 3 This section does not pertain to any incident arising from the sole negligence of Collier 2 County. c 12.1 The duty to defend under this Article is independent and separate from the duty to c indemnify, and the duty to defend exists regardless of any ultimate liability of the E Contractor County and any indemnified party. The duty to defend arises immediately E upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this co Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute lcCD of limitations. ° C2 a 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of o the County by the Growth Management Department. a 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and 0 shall acquire no interest, either direct or indirect, which would conflict in any manner with CD the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 0 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the tc c following component parts, all of which are as fully a part of the Agreement as if herein vi set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual c Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, 4' Exhibit A—Scope if Work and subsequent quotes. 0 a 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 0 el Page 5 of 20 16-6610"Annual Contract for Landscape Packet Pg. 572 Signature T 16.A.2.g 17. 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of `o 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 w the individual and/or firm from doing business with the County for a specified period of 0 time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the o Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including a but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements o at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF `) CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division co 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 0 Telephone: (239) 252-8383 o 2 Q. The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the CD public agency with a copy of the requested records or allow the records to be it inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. R 3. Ensure that public records that are exempt or confidential and exempt from 0) public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the E' contract if the Contractor does not transfer the records to the public agency. E 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public a records required by the public agency to perform the service. If the Contractor i= transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CQV Page 6 of 20 16-6610"Annual Contract for Landscape Packet Pg. 573 Signature T 1 6.A.2.g Contractor keeps and maintains public records upon completion of the contract, $ the Contractor shall meet all applicable requirements for retaining public co records. All records stored electronically must be provided to the public 0 agency, upon request from the public agency's custodian of public records, in a al format that is compatible with the information technology systems of the public :° agency. co If Contractor observes that the Contract Documents are at variance therewith, it shall 0 promptly notify the County in writing. Failure by the Contractor to comply with the laws To referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. O 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the n. u_ discretion of the successful proposer. ce co" 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, orco otherwise unenforceable, in whole or in part, the remaining portion of this Agreement o shall remain in effect. o w 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to 0 this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. E o 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding co punchlist items, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this a Agreement or any other Agreement between Owner and Contractor, to such extent as a may be necessary in the Owner's opinion to protect it from loss because of: (a) defective co Work not remedied; (b) third party claims failed or reasonable evidence indicating a probable fling of such claims; (c) failure of Contractor to make payment properly to E. subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work co can be completed for the unpaid balance of the Contract Amount; (e) reasonable 0) indication that the Work will not be completed within the Contract Time; (f) unsatisfactory E= prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. co C 0 If any conditions described above are not remedied or removed, the County may, after v? three (3) days written notice, rectify the same at Contractor's expense. E 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from 0 specifications shall be approved in writing by the County in advance. 'E' 24. CHANGES IN THE WORK. The County shall have the right at any time during the I progress of the Work to increase or decrease the Work. Promptly after being notified of 2 a change, Contractor shall submit a quote of any cost or time increases or savings itoZi Page 7 of 20 16-6610"Annual Contract for Landscape Packet Pg. 574 Signature T 16.A.2.g foresees as a result of the change. Except in an emergency endangering life or a property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. o U 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, .� equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall CO be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. a Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable o manufacturers, fabricators, suppliers or processors except as otherwise provided for in o the Contract Documents. w If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and a pay for replacement or repair of adjacent materials or Work which may be damaged as acc result of such replacement or repair. These warranties are in addition to those implied co co warranties to which the County is entitled as a matter of law. 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. o The Contractor shall employ people to work on County projects who are neat, clean, 0. well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the cc County. 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection E' therewith and furnish to the County the required certificates of inspection, testing or E approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. e 0) ' e c Page 8 of 20 16-6610"Annual Contract for Landscape Packet Pg. 575 Signature T I6.A.2.g 28. PROTECTION OF WORK. a' A. Contractor shall fully protect the Work from loss or damage and shall bear the c cost of any such loss or damage until final payment has been made. If co Contractor or anyone for whom Contractor is legally liable is responsible for w any loss or damage to the Work, or other work or materials of the County or co County's separate contractors, Contractor shall be charged with the same, and E' any monies necessary to replace such loss or damage shall be deducted from 0 any amounts due Contractor. a B. Contractor shall not disturb any benchmark established by the County with a respect to the Project. If Contractor, or its subcontractors, agents or anyone, o for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish 0 the benchmarks and Contractor shall be liable for all costs incurred by the LL County associated therewith. ce T.'. 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, o without special instruction or authorization from County is obligated to act to prevent o threatened damage, injury or loss. Contractor shall give the County written notice within 7. forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that = any significant changes in the Work or variations from the Contract Documents have E been caused thereby. E o re If the County determines that a change in the Contract Documents is required because .. of the action taken in response to an emergency, a written Order shall be issued to v. document the consequences of the changes or variations. a) If Contractor fails to provide the forty-eight (48) hour written notice noted above, the o Contractor shall be deemed to have waived any right it otherwise may have had to seek 0. an adjustment to the Contract Amount or an extension to the Contract Time. o a U 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by a' this Agreement to resolve disputes between the parties, the parties shall make a good U faith effort to resolve any such disputes by negotiation. The negotiation shall be oo attended by representatives of Contractor with full decision-making authority and by 2 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to theca commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall d be attended by representatives of Contractor with full decision-making authority and by E CD County's staff person who would make the presentation of any settlement reached at 0 mediation to County's board for approval. Should either party fail to submit to mediation a as required hereunder, the other party may obtain a court order requiring mediation 1 under section 44.102, Fla. Stat. ? U 04,4 Page 9 of 20 16-6610"Annual Contract for Landscape Packet Pg. 576 Signature T 16.A.2.g 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate co federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. co 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that 0 competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the a Contractor's Proposal, and/or the County's Board approved Executive Summary, this ce Agreement shall take precedence. 16. 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without o the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall 0 require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be co responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management -p Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law 0. 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. CDAll of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance andcis can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their in shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 10 of 20 16-6610"Annual Contract for Landscape Packet Pg. 577 Signature T 16.A.2.g IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized a person or agent, have executed this Agreement on the date and year first written above. N c CZIJ BOARD OF COUNTY COMMISSIONERS ,o ATTEST: COLLIER COUNTY, FLORIDA t Dwight E. Brock, Clerk of Courts 0 U By: By: Tri Donna Fiala, Chairman Dated: a (SEAL) co Signature Tree Care, LLC a. u_ Contractor rx P. F By: First Witness Signature o TType/print witness nameT TType/print signature and titleT 0 E E 0 U Second Witness cc co TType/print witness nameTco 0 > 0 L a. al a 0pproved as to Form and Legality: o a V 2 Assistant County Attorney U d i Print Name i- 2 4- .IJ CC a Y/ a, E a) 22 L a) a .F+ E 0 4 Page 11 of 20 110 A.0 16-6610"Annual Contract for Landscape packet Pg. 578 Signature T 16.A.2.g Exhibit A SCOPE OF WORK Category 3 3 Tree Maintenance and Arborist Services t' U The tree service Contractor must have the knowledge and experience in canopy and root pruning, o and they must have working knowledge of ANSI Pruning Standards and ISA Best Management Practices. Ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. Vendor must have an arborist onsite to supervise and direct field personnel. To ensure that all work is completed as per specifications, to include but not limited to; proper tree and root pruning, adequate reduction or removal techniques, work productivity, cleanup, and safety. Services will be required for landscape material in the Collier County properties and right-of ways. As services are requested a request for quotes will be sent with specifications of what the work entails. a LL cc Service Intervals Services shall be performed on an as-needed basis for service locations, unless otherwise specified by the Division Project Manager or designee. A work order shall be generated and a Notice to Begin o Work, if applicable, shall be issued to the Contractor with the location(s) for service. The schedule may change to accommodate the operational needs of the County. o cc Scope of Work The specifications listed herein are intended to provide information for the Vendors to understand the minimum requirements of Collier County in providing tree maintenance services. 0 CD The Contractor must have knowledge and experience in hard wood canopy and palm pruning. They ao must adhere to the ANSI accredited Standards A300 policies and standards, current edition, for pruning, fertilization, supports systems, and other aspects of tree care and ISA Best Management Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree and/or 0 root structure, and diseases. 0 Q • Contractor shall have a certified arborist on staff to supervise and direct field personnel to ensure that all work is completed per specifications to include, but not limited to, palm and tree maintenance services, tree and palm planting and staking, palm tree de-booting (cleaning), stump c.) and root grinding, and all other additional services as provided on the bid form. U • The services performed herein shall consist of the Contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor and supervision for the Collier County Government Departments. • The seven main objectives for pruning services are: 1) reduce the risk of failure; 2) provide clearance; 3) reduce shade and wind resistance; 4) maintain health; 5) influence flower and/or fruit 03 production; 6) improve views; and 7) improve aesthetics. E Tree and Palm Maintenance is divided into five (5) categories: 1. Basic Tree Pruning; 2. Structural Tree Pruning; 3. Palm Pruning; 4. Stump and Root Grinding; 5. De-boot (clean) Palm Trees. c 1. Basic Tree Pruning In accordance with ISA Best Management Practices, this category is divided into four primary pruning methods which include: a. cleaning, b. thinning, c. raising, and d. reducing. Page 12 of 20 C." 16-6610"Annual Contract for Landscape Packet Pg. 579 Signature 1 16.A.2.g a. Cleaning 0 Cleaning trees is the selective removal of dead, diseased, cracked, stubbed, hanging, and broken 0 branches. This service can be performed on a tree of any age but is most common on middle- 0 aged to mature trees. L Cleaning is the preferred method for mature trees because it does not remove live branches unnecessarily. The location of the branches to be removed should be reviewed with the Project 6 Manager or designee. o 0 b. Thinning f° Pruning to thin is the selective removal of small live branches to reduce crown density. Proper c thinning retains the crown shape and size and should provide an even distribution of foliage a throughout the crown. o Thinning is to include the following: remove dead or broken limbs one inch in diameter or larger; of two limbs are crowing or touch each other, shorten or remove one of them; if two limbs( one inch r diameter or larger) originate within twelve inches (12") of each other on the trunk, shorten or u_ remove one of them. -0 Use directional pruning where possible so future growth is directed away from the roadway, o sidewalk, building, street lights, or possible obstruction. 0 0 Thinning increases the sunlight penetration and air movement throughout the crown. Increased13 light and air stimulate and maintain interior foliage. c) E There shall not be excessive branch removal on the lower two-thirds of a branch or stem (lion o tailing)which can have adverse affects on the tree and is not an acceptable practice. 0 If the entire crown will not be thinned, the Project Manager or designee must approve and specify 00 the percentage of foliage to be removed. co The removal percentage is between ten — fifteen percent (10%-15%) percent but should not 0 exceed 25 percent (25%) of the foliage when.using pruning to thin methods. 20. 0. 0 c. Raising Pruning to raise, elevate, or lift a canopy is the selective removal of branches to provide vertical a clearance. 0 Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, c� signs, vehicles, pedestrians, and vistas. Live crown to clear trunk ratio should be no less than 50 a) percent when raising is completed. 0 a) L Structural pruning should be considered with raising according to ANSI standards. When raising, the desired clearance should be specified by the Project Manager or designee. c Fri Branches over paved areas should be shortened or removed to allow approximately 10' over sidewalks, 16' over travel lanes, or clearances specified by Project Manager or designee as coE practical. Over landscape areas and sidewalks, the limbs should be shortened or removed to allow for I pedestrian and utility use. a c Trees within planting beds, an 8 foot clearance is required or as directed by the Project Manager or designee. • Shortening of branching is the desired method of attaining adequate clearance. CAC ¢ Page 13 of 20 16-6610"Annual Contract for Landscape Signature T Packet Pg. 580 1 6.A.2.g a� • When pruning is completed, approximately one-half of the foliage should originate from branches on the lower two-thirds of each tree. d. Reducing Pruning to reduce is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility 0 line clearance, to clear vegetation from buildings, or structures, or to improve the appearance of To the plant. Portions of the crown, such as individual limbs, can be reduced to balance the canopy, provide clearance, or reduce the likelihood of breakage on limbs with defects. Occasionally, the entire crown is reduced. c- cc co Reducing or thinning should be considered if cabling would be performed. Crown reduction should be accomplished with reduction cuts, not heading cuts. a u_ 2. Structural Tree Pruningre Structural tree pruning is the removal of live branches and stems to influence orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25 — 50 percent depending on the tree type. The structural pruning 2 includes all basic tree pruning techniques listed below. o Note: Refer to Best Management Practices "Tree Pruning" (Revised 2008) Companion Publication to ANSI A300 Part I: Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices, Pruning: page 12 Figure 7. "Structural Pruning of a Small Tree" and Figure 8. "Structural Pruning to be done to ensure more sustainable growth patterns." a. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. Pruning large-maturing trees such as oaks reduces certain defects and spaces co main branching along one dominant trunk. b. One goal is to reduce the number of trunks so that a tree has a dominant leader extending well 2 up into the crown creating a strong crown and durable form. a c. Subordination can reduce branches, so they remain smaller than about half the trunk a diameter, which helps prevent structural failure later. The subordinate or co-dominant stems are removed with structural pruning. d. Primary objective in subordination (shortening using a drop-crotch cut) is the removal of one side of a codominant leader. • Branches, trunks, or leaders not considered the main leader, two inch (2") diameter or as determined by the Project Manager or designee should be subordinated or removed. • The main leader shall not be subordinated or removed. Codominant leaders are considered to be two or more branches, trunks, or leaders of approximately the same size, <13 originating in close proximity to one another. • If there is no stem considerably larger than others, then this would be appropriate to subordinate all but one of them. Project Manager or designee approval: Where there is an included bark as part of the condition, preference should be given to the removal of one side. • Page 14 of 20 16-6610"Annual Contract for Landscape Packet Pg. 581 Signature 1 16.A.2.g d 3. Palm Pruning a@ Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. co Palms may be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and 10 seedpods. co O • Live healthy fronds should not be removed. If they must be removed avoid removing those that initiate above horizontal. Fronds removed should be severed close to the petiole base cz without damaging living trunk tissue. o U • Only those fronds with petiole drooping below horizontal 9:00-3:00 position should be a removed. All seed pods should be removed including those originating among remaining c fronds. When removing fronds and seedpods, care should be taken so those frond that are Q to remain are not nicked or wounded. 0 Zio- • Climbing spikes shall not be used to climb palms for pruning. 0) a. 4. Stump and Root Grinding it u_ Prospective Vendor must have technical knowledge, ability, and experience in grinding of stumps 12 and roots to remove the root system and stump. as 5. Deboot(Clean) Palm Trees (Parks& Recreation Department only) o De-booting or slicking of palm trees is the removal of boots along the trunk of a palm. Complete o boot removal and disposal of debris a requested service by the Parks & Recreation Department. a c Root Management c' Must possess a thorough knowledge and experience in root management, to include but not limited to 0 air spade, structural pruning, diagnosis, and root management program. 0 Palm Management coco The Contractor shall have knowledge and ability to treat palm diseases through drenches, foliar 0p sprays, injection methods, and provide a fertilization program for palms. 73 (1) 0 Tree Relocation L0. Periodically, the County must relocate palms and trees within Collier County limits. The Contractorca must have the knowledge and ability to root prune the tree(s) prior to relocation. In most cases, Q Maintenance of Traffic (MOT) will be required in order to perform this work safely. Most in depth v information will be provided at the time that services are needed and County personnel will request a quote. alv a) L Crew Contractor shall have crew size that is able to meet or exceed the requirements listed in the 0 specifications with the following: o c 0) • Crew Leader shall be familiar with all phases of tree trimming, rigging, and removals with in knowledge of the standards as outlined by the International Society of Arboriculture (ISA) and the National Arborist Association. E a) • Crew Leader must be able provide instruction and supervision to crew members in, but not 6 limited to the following: safety procedures, climbing practices, tree pruning, tree removal, equipment operation and maintenance, electrical hazards, tree anatomy and identification. E • Crew Leader shall maintain a good working relationship with the County and provide the 0 required documentation (e.g., Division's internal work orders, Notice to Begin Work and(c�® 2 Page 15 of 20 16-6610"Annual Contract for Landscape Signature 1 packet Pg. 582 16.A.2.g contractor's records of completed work for billing purposes) while maintaining high standards a of quality workmanship and professionalism. • Crew Leader shall be able to safely operate and maintain all the equipment used in tree maintenance services. 0 • Crews shall have the appropriate certifications and experience to perform services in the L specifications. Such certifications are found on page 12 of this solicitation under Item P. 0 U Crew Communication Contractor shall provide a qualified English speaking crew leader/supervisor which shall be present and readily available to Department personnel and during business hours of operation at the work site. 0 co 1. Contractor Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. a ce • They must be able to meet on-site when requested and must be able to answer any questions regarding the work. • In the event they are unavailable there must be a secondary point-of-contact who can be 2 available and able to answer questions and/or make decisions. o 7,11- • ■ The Contractor's Project Manager or designee and the secondary point-of-contact must have Arborist certification. E E 0 2. There shall be no additional charges for attendance at any meeting. a CC. 3. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately to meet with the County Department representative, law enforcement, or emergency personnel to co resolve an emergency. 4. The Contractor's Project Manager or designee shall respond to a telephone or emergency email Q within twenty-four(24) hours. 0. O • If a Contractor's designated point of contact does not answer an emergency call, the contractor will be reprimanded through our internal "Bernie" System for a missed emergency call. o) • If a contractor does not respond to three (3) emergency calls within a 12-month period, they will be deemed non-responsive and the contract may be terminated if the County deems it necessary. • Any exceptions will require approval from the Department representative. 5. Post-storm response time shall be as soon as it is safe to go out to the job site. If given the timeframe as set by maintenance representatives on pre storm communication. CD C a) E J Page 16 of 20 C40) 16-6610"Annual Contract for Landscape Packet Pg. 583 Signature 1 16.A.2.g m Work Area Preparation/Inspection Q. When preparing the work area, the Contractor must protect groundcover and any landscape material 0 within the work area. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the -0 Contractor, Contractor's employees, or Subcontractor as determined by the Department Project o Manager or designee they shall be replaced at the Contractor's expense. • The Contractor shall provide ramps or other devices to gain access over the curb to all medians. L The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the o Contractor's expense. ci • It shall be the Contractors responsibility to notify the Project Manager or designee of any diseased a or sick palms and trees or additional pruning or corrective measures needed. a 0 • The Contractor shall perform inspections on all trees and palms for disease or insect infestation 70 during the site visit or service to the site. The Contractor shall immediately notify the Project to Manager or designee should a disease or infestation be found and recommend appropriate n. treatment per the Contract requirements. vu_ $.- • • The Contractor shall remove all trimmed and fallen debris the day of service and not stock pile E debris in planting beds. o c Unforeseen Services In the event additional costs may be incurred which are not covered within the Contract specifications, a a unit cost shall be negotiated and agreed upon by the Contractor, Procurement Services designee, c and Project Manager or designee prior to performing additional services. ! E 0 U Utilities C4 Contractor shall be responsible to exercise caution while in the vicinity of utilities. Any damage to utilities will be the Contractor's responsibility. The Contractor shall be responsible to exercise caution while in the vicinity of utilities, when deemed necessary. It is the contractor's responsibility to (30 always call Sunshine811 (811 or 1-800-432-4770) a few days before starting ay digging project. -a Any damage to utilities will be the Contractor's responsibility. o a Repairs/Damages 0. Contractor shall be responsible in promptly repairing damages caused by Contractor's employees. All a expense incurred shall be the Contractor's responsibility. Safety (13 Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 Safety a Standard for arborists and their employees engaged in arboricultural operations for safety F= requirements to include but not limited to: general safety, electrical hazard, use of vehicles and mobile equipment, portable hand tools, hand tools and ladders, and work procedures. 0 c 0 Contractor shall ensure equipment is OSHA approved and employees have been trained to perform in services per OSHA guidelines. e w Maintenance of Traffic(MOT) MOT may be requested on an "as-needed basis." Contractor shall comply with the requirements of 2 the County's Maintenance of Traffic (MOD Policy. Copies are available through the County's Risk Q Management or Purchasing Department. c E CA® .c Page 17 of 20 16-6610"Annual Contract for Landscape Packet Pg. 584 Signature 1 16.A 2.g • Contractor shall obtain and review and obtain the County MOT policy requirements prior to a submitting a bid. Upon approval of a MOT Plan and proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. Co Traffic Control/Lane Closures The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the County MOT policy requirements prior to proposal submission. 6' Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. a. The Contractor 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 MOT policy will be enforced under this Contract. 0. b. Contractor's employees shall wear high visibility approved attire when servicing work areas. c. A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. 0 d. The contractor must meet with Risk Management to discuss the proposed MOT prior to 0 commencing work. Contact Ron Miller, Environmental, Health & Safety Manager Collier County Risk Management, Office: 239-252-8091, Cell: 239-821-9753. E e. An onsite employee must be work zone certified and possess an Intermediate Work Zone Certification. This employee must provide copies of the onsite personnel's certificates to Risk Management and to the Project Manager or designee for Collier County. cc f. To insure safety, the MOT may require lane closures or a moving Maintenance of Traffic Process with an attenuator to meet the MOT specifications defined by Collier County's Maintenance of Traffic (MOT) Policy, which meets or exceeds the MUTCD and FDOT Roadway & Traffic Design Standards Indexes. 2 _ CO g. The contractor shall not allow crew or equipment to cross the street at "midblock". The contractor must have a safe and systematic method of operations for trimming palms, trees, and shrubs along the roadway. This method must be discussed with Risk Management and the Project Management prior to bidding. h. The crew may utilize the beginning of the turn lane to stage equipment but still allowing traffic to turn. There is no parking in accordance with Florida Statute 316.1945 Stopping, standing, or 0 parking prohibited in specified places. Y i. These areas where stopping, standing, or parking is prohibited include: in • In front of a public or private driveway. • Within 15 feet of a fire hydrant. • Within 20 feet of a crosswalk at an intersection. • Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. • Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite c) the entrance to any fire station within 75 feet of such entrance (when property signposted). E as • On an exclusive bicycle lane. Page 18 of 20 16-6610"Annual Contract for Landscape Packet Pg. 585 Signature 1 16.A.2.g • At any place where official traffic control devices prohibit standing. 0 U j. Parking heavy equipment on sidewalks is not allowed. Sidewalks are to be kept clear for c pedestrians at all times. L k. The MOT signs shall move with the work zone to adequately warn motorists. MOT Signs should not be placed beyond signalized intersections. If your work zone goes beyond a signalized L intersection, additional signage should be placed or signs moved to alert motorists who have just o entered from a signalized intersection onto a roadway/median where work is being conducted. o Ta0 Lane Closure = Lane closure for median maintenance shall be limited and adhere to the following: a 0 • Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the to lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., 6 Monday through Friday. Work will not be scheduled on Saturday and Sunday, unless otherwise a approved by the Project Manager or designee. u_ L • There will be no lane closures permitted during season (between Thanksgiving and Easter). The 3 lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to .2 the Project Manager or designee. O • When working within any State or County roadway the contractor shall contact the Growth Tii Management Department, Customer Service Specialist, or designee the Wednesday before lane c closures are planned for Collier County's public road alert notification. A Road Alert form must be E submitted (form provided by County). E U d ce Notice to Begin Work(NTBW)for Weekly Services (Not applicable to all Departments) The Road Maintenance Division utilizes Cartegraph, an Operations Management System (OMS), a0 which generates internal work orders in the scheduling of preventive maintenance, organizing and tracking inventory, and manages equipment costs while providing advanced reporting and analytics. -0 a) • Prior to the Contractor proceeding with the "on as needed" services, the Project Manager or Q. designee shall generate internal work order(s) on a monthly basis for weekly services that will f be performed for specified month. The Project Manager or designee shall notify the Road o Maintenance Contract Administration Specialist to generate the Notice to Begin Work (NTBW). L • The Contract Administration Specialist or designee shall issue the NTBW to the Contractor. ca Each NTBW will have the work location, description of work to be performed, and the project a L start and end dates. 1- 0 L • Work shall be completed within the timeline outlined by County staff. Any problematicca incidences and/or complaints are to be written in a report to the County representative. c Un General Maintenance Report Sheets c The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The g report sheets shall be signed and submitted on a weekly basis the day after service completion for a a) timely review by the County and it must be attached to the invoice on a monthly basis to the owner's , og appointed representative for review and approval as to completeness. • The General Maintenance Report Sheets are required to be signed by the Contractor and g submitted prior to monthly billing and payment. as as C:(4.-:!; Page 19 of 20 16-6610"Annual Contract for Landscape Packet Pg. 586 Signature 1 16.A.2,g • The Contractor will be required to conduct on-site inspections with the Project Manager or designee on a weekly or monthly basis to verify satisfactory completion of Contract requirements. • Original forms for the report sheets will be provided to the Contractor for his reproduction o purposes. w Contractor's Weekly Work Schedule Contractor shall email the weekly work schedule to the Division's Project Manager or designee on c° Friday by close of business for the next week's work schedule. The schedule shall indicate the days and service locations. Please note: Any changes to the work schedule shall be made twenty-four (24) hours in advance of the next work day or no later than 7:00 a.m. the morning of the change. Equipment Requirements n. The equipment utilized shall be in good working condition, properly maintained, and designed and u_ manufactured for the work required in the specifications. It shall be equipped with all safety devices available and must be properly maintained. The crews must be trained to safely use the equipment. To meet the scope of work requirements, the Contractor shall furnish the following equipment, but not ° limited to: 0 • One (1)Aerial bucket truck (a minimum fifty (50')feet vertical reach) or similar equipment. • One (1) stump grinder • One (1) brush chipper 0 • Saws: Chain, hydraulic, and circular • Traffic signage and traffic cones .. • Arrow board co • Ladders and other equipment required to service the locations. d 0 Q. 0. U d L c0 U a) m a) U, C) C) C) .M N S L Ca e Page 20 of 20 16-6610"Annual Contract for Landscape packet Pg. 587 Signature T I6.A.2.h 0 0. cc 0 AGREEMENT16-6610 CO J for o Annual Contract for Landscape Maintenance 4 0 THIS AGREEMENT, made and entered into on this day of 2016, by U and between The Davey Tree Expert Company, authorized to do business in the State of c Florida, whose business address is 5515 Yahl Street, Naples Florida 34109, (the c "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): o T.; WITNESSETH: a 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencingIt on the date of Board award and terminating one (1) year from that or until all 12 outstanding Purchase Orders issued prior to the expiration of the Agreement period 3 have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions o contained in this Agreement for four (4) additional one (1) year periods. The County 7, shall give the Contractor written notice of the County's intention to renew the Agreement 0 term prior to the end of the Agreement term then in effect. ? E The County Manager, or his designee, may, at his discretion, extend the Agreement 0 under all of the terms and conditions contained in this Agreement for up to one hundred c4 and eighty (180) days. The County Manager, or his designee, shall give the Contractor v written notice of the County's intention to extend the Agreement term prior to the end of a the Agreement term then in effect. 0 a 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight C. (8) firms qualified and awarded an Agreement. The Contractor under Agreement will provide complete services for Landscape Maintenance in the following category: ° 0 Category 3: Tree Maintenance & Arborist Q X W The Contractor shall provide landscaping maintenance services in accordance with the 0 terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications 00ca to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures ci c in effect at the time such services are authorized. ci 6. Prior to the issuance of a Purchase Order, the County shall provide a summary of Work ¢ to be performed to all the awarded firms in a specific category which will afford the c Contractors the opportunity to submit a formal quotation for the Work; the Contractors ? shall respond with the information sought within the time specified by the Projectiti Gc2 Page 1 of 20 16-6610"Annual Contract for Landscape packet Pg. 588 The Davey Tree Ex 16.A.2.h Manager, or designee. The Project Manager, or designee, will award the Work to the Contractor that submits the lowest responsive quote. 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in the response to a o specific Request for Quotation pursuant to the Price Methodology in Section 3.1. as3.1 Price Methodology: o U Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's 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 u_ would include number of hours worked and billing rate by position (and not company (or P. 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 0 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. G. a= 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment a Act." Payments will be made for services furnished, delivered, and accepted, upon ro receipt and approval of invoices submitted on the date of services or within six (6) °a months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of Q "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. a) 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if Q mailed or faxed to the Contractor at the following Address: s Page 2 of 20 CAO 16-6610"Annual Contract for Landscape Packet Pg. 589 The Davey Tree Ex 16.A.2.h 0 Q. The Davey Tree Expert Company co 5515 Yahl Street u) Naples, Florida 34109 ct Attn: Dan Powell, District Manager o Telephone: (239) 403-9665 0 Facsimile: (239) 403-9662 Dan.Powellc davey.com c All Notices from the Contractor to the County shall be deemed duly served if mailed or 0 faxed to the County to: a 0 Collier County Government Center Procurement Services Division a) 3327 Tamiami Trail, East a. Naples, Florida 34112 cc Attention: Director, Procurement Services Division 12 Telephone: 239-252-8407 i Facsimile: 239-252-6480 0 c 0 The Contractor and the County may change the above mailing address at any time upon *1--0 giving the other party written notification. All notices under this Agreement must be in E writing. o 0 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating w a partnership between the County and the Contractor or to constitute the Contractor as 00 an agent of the County. co 73 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits o necessary for the prosecution of the Work shall be obtained by the Contractor. The0. 0. County will not be obligated to pay for any permits obtained by Subcontractors. as 0 a Payment for all such permits issued by the County shall be processed internally by the 0 County. All non-County permits necessary for the prosecution of the Work shall be 0. procured and paid for by the Contractor. The Contractor shall also be solely responsible w for payment of any and all taxes levied on the Contractor. In addition, the Contractor 0 shall comply with all rules, regulations and laws of Collier County, the State of Florida, or I-- the U. S. Government now in force or hereafter adopted. The Contractor agrees toCD comply with all laws governing the responsibility of an employer with respect to persons o employed by the Contractor. 4 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to 0 use in any manner whatsoever, County facilities for any improper, immoral or offensive C purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in t effect or hereafter enacted or adopted. In the event of such violation by the Contractor s or if the County or its authorized representative shall deem any conduct on the part of 0 the Contractor to be objectionable or improper, the County shall have the right to Page 3 of 20 ,1(3 16-6610"Annual Contract for Landscape Packet Pg. 590 The Davey Tree Ex I6.A.2.h suspend the Agreement of the Contractor. Should the Contractor fail to correct any CD such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension -0 to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the o satisfaction of the County. CCI 9. TERMINATION. With respect to this Agreement, should the Contractor be found to 0 have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as a. to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. E B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory o Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for a° each accident. U a) Special Requirements: Collier County Government shall be listed as the Certificate w Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Q Page 4 of 20 C.4® 16-6610"Annual Contract for Landscape Packet Pg. 591 The Davey Tree Ex 16.A.2.h a Contractor shall ensure that all subcontractors comply with the same insurance 0 requirements that Contractor is required to meet. 0 J 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor o 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 0 attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this o Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent c caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this r. Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnifiedco party or person described in this paragraph. a. u. ce This section does not pertain to any incident arising from the sole negligence of Collier -a County. i 0 12.1 The duty to defend under this Article is independent and separate from the duty to c indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor County and any indemnified party. The duty to defend arises immediately 13 upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this E Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party Ix for the matter indemnified hereunder is fully and finally barred by the applicable statute 00 of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of o the County by the Growth Management Department. Q 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and °a shall acquire no interest, either direct or indirect, which would conflict in any manner with 0 the performance of services required hereunder. Contractor further represents that no 1 persons having any such interest shall be employed to perform those services. w a) 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the h following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual o Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, ., Exhibit A—Scope if Work and subsequent quotes. E 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County < Commissioners. E U as Page 5 of 20 C:n 16-6610"Annual Contract for Landscape Packet Pg. 592 The Davey Tree Ex 16.A.2.h 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual CD shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or otherC. item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County J 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 U termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, th ordinances, rules, regulations and requirements applicable to this Agreement, including a but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida o Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE E PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: cc Communication and Customer Relations Division r 3299 Tamiami Trail East, Suite 102 -0 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: U 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or Page 6 of 20 ® 16-6610"Annual Contract for Landscape Packet Pg. 593 The Davey Tree Ex 16.A.2.h confidential and exempt from public records disclosure requirements. If the 00. Contractor keeps and maintains public records upon completion of the contract, 0 the Contractor shall meet all applicable requirements for retaining public 0 records. All records stored electronically must be provided to the public 0 agency, upon request from the public agency's custodian of public records, in a a format that is compatible with the information technology systems of the public agency. 2 0 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have a the discretion to unilaterally terminate this Agreement immediately. o tO 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and a conditions of this solicitation or resultant Agreement to other governmental entities at the u. discretion of the successful proposer. 3 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or 0 otherwise unenforceable, in whole or in part, the remaining portion of this Agreement o shall remain in effect. T 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to '' this Agreement in compliance with the Procurement Ordinance, as amended, and E o Procurement Procedures. 0 22. PAYMENTS WITHHELD. The County may decline to approve any Application for co Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The ci County may nullify the whole or any part of any approval for payment previously issued o and the County may withhold any payments otherwise due Contractor under this Q Agreement or any other Agreement between Owner and Contractor, to such extent as 0 may be necessary in the Owner's opinion to protect it from loss because of: (a) defective ?z Work not remedied; (b) third party claims failed or reasonable evidence indicating o probable fling of such claims; (c) failure of Contractor to make payment properly to Q subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work w can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory it prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. aso If any conditions described above are not remedied or removed, the County may, after C three (3) days written notice, rectify the same at Contractor's expense. E I' 0) 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. c E 24. CHANGES IN THE WORK. The County shall have the right at any time during the 14 progress of the Work to increase or decrease the Work. Promptly after being notified of Page 7 of 20 7\ 16-6610"Annual Contract for Landscape Packet Pg. 594 The Davey Tree E' 16.A.2.h a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be cn made except upon written order of by the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's w Procurement Ordinance and Procurement Procedures in effect at the time such o modifications are authorized. Ta 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the County that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. u. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, o cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in CIS the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and ce pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. CD 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. 2 The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor Q shall supply competent employees who are physically capable of performing their U employment duties. The County may require the Contractor to remove an employee it a deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or , approval. All inspections, tests or approvals shall be performed in a manner and by < organizations acceptable to the County. E 4 a Page 8 of 20 16-6610"Annual Contract for Landscape Packet Pg. 595 The Davey Tree E) 16.A.2.h 28. PROTECTION OF WORK. �. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If J Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from o any amounts due Contractor. B. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the 7 County associated therewith. 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, o without special instruction or authorization from County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. W If the County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to 4 document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the o Contractor shall be deemed to have waived any right it otherwise may have had to seek 0. an adjustment to the Contract Amount or an extension to the Contract Time. 0 3o. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by 0 this Agreement to resolve disputes between the parties, the parties shall make a good g faith effort to resolve any such disputes by negotiation. The negotiation shall be w attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached 1= during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation < as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. E U Co Page 9 of 20 16-6610"Annual Contract for Landscape Packet Pg. 596 The Davey Tree E: 1 6.A.2.h 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriateCi federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. J 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that o competent persons will be utilized in the performance of the Agreement. The Contractor U shall assign as many people as necessary to complete the required services on a timely z basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. �. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this ce Agreement shall take precedence. 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If 2 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. E 0 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the co costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. o Contractor shall be required to maintain records on each employee and make them cai available to the County for at least four (4) years. 0. All of Contractor's employees and subcontractors must wear Collier County Government o Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. a) E The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. w a Page l 0 of 20 CA9) 16-6610"Annual Contract for Landscape packet Pg. 597 The Davey Tree E) 1 6.A.2.h IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized Q person or agent, have executed this Agreement on the date and year first written above. >30 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts 0 By: By: U Donna Fiala, Chairman Dated: (SEAL) The Davey Tree Expert Companycb a Contractorre L } By: 0 First Witness Signature o w TType/print witness nameTType/print signature and title 0 0 Second Witness 8 TType/print witness name co 2 L Approved as to Form and Legality: U Assistant County Attorney Print Name a I- a) E )0 a, C) C a) E U Page 11 of 20 'fin 16-6610"Annual Contract for Landscape Packet Pg. 598 1 The Davey Tree E Exhibit A 16.A.2.h SCOPE OF WORK Category 3 43 Tree Maintenance and Arborist Services g L 0 The tree service Contractor must have the knowledge and experience in canopy and root pruning, and they must have working knowledge of ANSI Pruning Standards and ISA Best Management Practices. Ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. Vendor must have an arborist onsite to supervise and direct field personnel. To ensure that all work is completed as per specifications, to include but not limited to; proper tree and root pruning, adequate reduction or removal techniques, work productivity, cleanup, and safety. Services will be required for landscape material in the Collier County properties and o right-of ways. As services are requested a request for quotes will be sent with specifications of what the work entails. u3 Service Intervals ce Services shall be performed on an as-needed basis for service locations, unless otherwise specified by the Division Project Manager or designee. A work order shall be generated and a Notice to Begin 3 Work, if applicable, shall be issued to the Contractor with the location(s) for service. The schedule may change to accommodate the operational needs of the County. 0 Scope of Work The specifications listed herein are intended to provide information for the Vendors to understand the minimum requirements of Collier County in providing tree maintenance services. E The Contractor must have knowledge and experience in hard wood canopy and palm pruning. They must adhere to the ANSI accredited Standards A300 policies and standards, current edition, for cc pruning, fertilization, supports systems, and other aspects of tree care and ISA Best Management a Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and diseases. -0 • Contractor shall have a certified arborist on staff to supervise and direct field personnel to ensure0. that all work is completed per specifications to include, but not limited to, palm and tree maintenance services, tree and palm planting and staking, palm tree de-booting (cleaning), stump and root grinding, and all other additional services as provided on the bid form. • The services performed herein shall consist of the Contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor and supervision for the Collier County w Government Departments. • The seven main objectives for pruning services are: 1) reduce the risk of failure; 2) provide clearance; 3) reduce shade and wind resistance; 4) maintain health; 5) influence flower and/or fruit production; 6) improve views; and 7) improve aesthetics. Tree and Palm Maintenance is divided into five (5) categories: 1. Basic Tree Pruning; 2. Structural m Tree Pruning; 3. Palm Pruning; 4. Stump and Root Grinding; 5. De-boot (clean) Palm Trees. 0) 1. Basic Tree Pruning In accordance with ISA Best Management Practices, this category is divided into four primary pruning methods which include: a. cleaning, b. thinning, c. raising, and d. reducing. 4D4'' Page 12 of 20 16-6610"Annual Contract for Landscape Packet Pg. 599 The Davey Tree E) 16.A.2.h a. Cleaning °' Cleaning trees is the selective removal of dead, diseased, cracked, stubbed, hanging, and broken 0 branches. This service can be performed on a tree of any age but is most common on middle- aged to mature trees. c L Cleaning is the preferred method for mature trees because it does not remove live branches ° unnecessarily. The location of the branches to be removed should be reviewed with the Project L Manager or designee. c 0 U b. Thinning Fs Pruning to thin is the selective removal of small live branches to reduce crown density. Proper z thinning retains the crown shape and size and should provide an even distribution of foliage c throughout the crown. o Thinning is to include the following: remove dead or broken limbs one inch in diameter or larger; of to two limbs are crowing or touch each other, shorten or remove one of them; if two limbs( one inch .- diameter or larger) originate within twelve inches (12") of each other on the trunk, shorten or a.u. remove one of them. w P. Use directional pruning where possible so future growth is directed away from the roadway, c sidewalk, building, street lights, or possible obstruction. .2 c Thinning increases the sunlight penetration and air movement throughout the crown. Increased light and air stimulate and maintain interior foliage. c There shall not be excessive branch removal on the lower two-thirds of a branch or stem (lion E tailing) which can have adverse affects on the tree and is not an acceptable practice. a m If the entire crown will not be thinned, the Project Manager or designee must approve and specify co the percentage of foliage to be removed. Tr T The removal percentage is between ten — fifteen percent (10%-15%) percent but should not 0 exceed 25 percent (25%) of the foliage when using pruning to thin methods. o a M. c. Raising co Pruning to raise, elevate, or lift a canopy is the selective removal of branches to provide vertical Q clearance. U Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, 8 signs, vehicles, pedestrians, and vistas. Live crown to clear trunk ratio should be no less than 50 w percent when raising is completed. L Structural pruning should be considered with raising according to ANSI standards. When raising, ; 16.A.2.h • When pruning is completed, approximately one-half of the foliage should originate from branches on the lower two-thirds of each tree. w d. Reducing -J Pruning to reduce is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. .F+ This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility 0 line clearance, to clear vegetation from buildings, or structures, or to improve the appearance of the plant. Portions of the crown, such as individual limbs, can be reduced to balance the canopy, z provide clearance, or reduce the likelihood of breakage on limbs with defects. Occasionally, the entire crown is reduced. 0 r Reducing or thinning should be considered if cabling would be performed. Crown reduction should be accomplished with reduction cuts, not heading cuts. 0 2. Structural Tree Pruning pc Structural tree pruning is the removal of live branches and stems to influence orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25 — 50 percent depending on the tree type. The structural pruning o includes all basic tree pruning techniques listed below. o Note: Refer to Best Management Practices "Tree Pruning" (Revised 2008) Companion Publication to ANSI A300 Part I: Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices, Pruning: page 12 Figure 7. "Structural Pruning of a Small Tree" and Figure 8. 1= "Structural Pruning to be done to ensure more sustainable growth patterns." 0 a. It is used on young and medium aged trees to help engineer a sustainable trunk and branch co arrangement. Pruning large-maturing trees such as oaks reduces certain defects and spaces main branching along one dominant trunk. b. One goal is to reduce the number of trunks so that a tree has a dominant leader extending well o up into the crown creating a strong crown and durable form. c. Subordination can reduce branches, so they remain smaller than about half the trunk diameter, which helps prevent structural failure later. The subordinate or co-dominant stems are removed with structural pruning. a d. Primary objective in subordination (shortening using a drop-crotch cut) is the removal of one side of a codominant leader. ;v • Branches, trunks, or leaders not considered the main leader, two inch (2") diameter or as determined by the Project Manager or designee should be subordinated or removed. • The main leader shall not be subordinated or removed. Codominant leaders are considered to be two or more branches, trunks, or leaders of approximately the same size, originating in close proximity to one another. • If there is no stem considerably larger than others, then this would be appropriate to subordinate all but one of them. Project Manager or designee approval: Where there is an included bark as part of the condition, preference should be given to the removal of one f side. • Page 14 of 20 16-6610"Annual Contract for Landscape Packet Pg. 601 The Davey Tree E) 16.A.2.h 3. Palm Pruning a) Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. 0 Palms may be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods. c L • Live healthy fronds should not be removed. If they must be removed avoid removing those ° that initiate above horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk tissue. c 0 U • Only those fronds with petiole drooping below horizontal 9:00-3:00 position should be its removed. All seed pods should be removed including those originating among remaining = fronds. When removing fronds and seedpods, care should be taken so those frond that are Q to remain are not nicked or wounded. o T tO • Climbing spikes shall not be used to climb palms for pruning. to T T a 4. Stump and Root Grinding u_ Prospective Vendor must have technical knowledge, ability, and experience in grinding of stumps P and roots to remove the root system and stump. i 5. Deboot(Clean) Palm Trees (Parks & Recreation Department onlvl .2 De-booting or slicking of palm trees is the removal of boots along the trunk of a palm. Complete o boot removal and disposal of debris a requested service by the Parks & Recreation Department. 0 c a� Root Management ? Must possess a thorough knowledge and experience in root management, to include but not limited to 0 air spade, structural pruning, diagnosis, and root management program. 0 cc Palm Management to The Contractor shall have knowledge and ability to treat palm diseases through drenches, foliar r sprays, injection methods, and provide a fertilization program for palms. Tree Relocation 2 Periodically, the County must relocate palms and trees within Collier County limits. The Contractor 0. must have the knowledge and ability to root prune the tree(s) prior to relocation. In most cases, o 0 Maintenance of Traffic (MOT) will be required in order to perform this work safely. Most in depth information will be provided at the time that services are needed and County personnel will request a quote. x LU Crew a Contractor shall have crew size that is able to meet or exceed the requirements listed in the 1- specifications with the following: 0 > • Crew Leader shall be familiar with all phases of tree trimming, rigging, and removals with o knowledge of the standards as outlined by the International Society of Arboriculture (ISA) and c the National Arborist Association. E a) a) • Crew Leader must be able provide instruction and supervision to crew members in, but not a limited to the following: safety procedures, climbing practices, tree pruning, tree removal, equipment operation and maintenance, electrical hazards, tree anatomy and identification. 09 E • Crew Leader shall maintain a good working relationship with the County and provide the 0 • required documentation (e.g., Division's internal work orders, Notice to Begin Work an' Q Page 15 of 20 16-6610"Annual Contract for Landscape Packet Pg. 602 The Davey Tree E: 1 6.A.2.h contractor's records of completed work for billing purposes) while maintaining high standards of quality workmanship and professionalism. • Crew Leader shall be able to safely operate and maintain all the equipment used in tree maintenance services. 0 • Crews shall have the appropriate certifications and experience to perform services in the specifications. Such certifications are found on page 12 of this solicitation under Item P. 0 Crew Communication Contractor shall provide a qualified English speaking crew leader/supervisor which shall be present and readily available to Department personnel and during business hours of operation at the work a site. c•. 0 1. Contractor Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. a. • They must be able to meet on-site when requested and must be able to answer any questions regarding the work. • In the event they are unavailable there must be a secondary point-of-contact who can be o available and able to answer questions and/or make decisions. c • The Contractor's Project Manager or designee and the secondary point-of-contact must have Arborist certification. E 2. There shall be no additional charges for attendance at any meeting. cc 3. On a twenty-four (24) hours basis, the Contractor may be required to travel to the site immediately co to meet with the County Department representative, law enforcement, or emergency personnel to resolve an emergency. 4. The Contractor's Project Manager or designee shall respond to a telephone or emergency email 0 within twenty-four(24) hours. a • If a Contractor's designated point of contact does not answer an emergency call, the d contractor will be reprimanded through our internal "Bernie" System for a missed emergency call. 0 Lu • If a contractor does not respond to three (3) emergency calls within a 12-month period, they will be deemed non-responsive and the contract may be terminated if the County deems it necessary. >, • Any exceptions will require approval from the Department representative. 5. Post-storm response time shall be as soon as it is safe to go out to the job site. If given the timeframe as set by maintenance representatives on pre-storm communication. 0) id Page 16 of 20 16-6610"Annual Contract for Landscape packet P 603 The Davey Tree E) g. 16.A.2.h Work Area Preparation/Inspection 0 When preparing the work area, the Contractor must protect groundcover and any landscape material o within the work area. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees, or Subcontractor as determined by the Department Project c Manager or designee they shall be replaced at the Contractor's expense. 0 • The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. c.) Co • It shall be the Contractor's responsibility to notify the Project Manager or designee of any diseased c or sick palms and trees or additional pruning or corrective measures needed. c a 0 • The Contractor shall perform inspections on all trees and palms for disease or insect infestation during the site visit or service to the site. The Contractor shall immediately notify the Project Manager or designee should a disease or infestation be found and recommend appropriate treatment per the Contract requirements. Et • The Contractor shall remove all trimmed and fallen debris the day of service and not stock pile 3 debris in planting beds. c° 0 Unforeseen Services o In the event additional costs may be incurred which are not covered within the Contract specifications, v a unit cost shall be negotiated and agreed upon by the Contractor, Procurement Services designee, c and Project Manager or designee prior to performing additional services. E 0 Utilities Contractor shall be responsible to exercise caution while in the vicinity of utilities. Any damage to ct utilities will be the Contractor's responsibility. The Contractor shall be responsible to exercise caution co while in the vicinity of utilities, when deemed necessary. It is the contractor's responsibility to always call Sunshine811 (811 or 1-800-432-4770) a few days before starting ay digging project. Any damage to utilities will be the Contractor's responsibility. 0 0 Repairs/Damages a as Contractor shall be responsible in promptly repairing damages caused by Contractor's employees. All expense incurred shall be the Contractor's responsibility. Q U L Safety Q Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 Safety w Standard for arborists and their employees engaged in arboricultural operations for safety a) requirements to include but not limited to: general safety, electrical hazard, use of vehicles and mobile l= equipment, portable hand tools, hand tools and ladders, and work procedures. > > Co Contractor shall ensure equipment is OSHA approved and employees have been trained to perform o services per OSHA guidelines. a Maintenance of Traffic(MOT) w MOT may be requested on an "as-needed basis." Contractor shall comply with the requirements of the County's Maintenance of Traffic (MOT) Policy. Copies are available through the County's Risk . Management or Purchasing Department. c E 0 ea Page 17 of 20 0 :41 16-6610"Annual Contract for Landscape Packet Pg. 604 The Davey Tree E) 16.A.2.h • Contractor shall obtain and review and obtain the County MOT policy requirements prior to submitting a bid. Upon approval of a MOT Plan and proper placement of lane closed signs, pre- v warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. coTraffic Control/Lane Closures The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Purchasing Department. The Contractor shall obtain and review the County MOT policy requirements prior to proposal submission. T. Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow 0 boards, traffic cones etc., the lane may be restricted from traffic. To a. The Contractor 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 Cs. with their requirements. Strict adherence to the requirements of the MOT policy will be enforcedCD under this Contract. b. Contractor's employees shall wear high visibility approved attire when servicing work areas. a. ce c. A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. 0 d. The contractor must meet with Risk Management to discuss the proposed MOT prior to 0 commencing work. Contact Ron Miller, Environmental, Health & Safety Manager Collier County Risk Management, Office: 239-252-8091, Cell: 239-821-9753. e. An onsite employee must be work zone certified and possess an Intermediate Work Zone Certification. This employee must provide copies of the onsite personnel's certificates to Risk Management and to the Project Manager or designee for Collier County. ce 00 f. To insure safety, the MOT may require lane closures or a moving Maintenance of Traffic Process with an attenuator to meet the MOT specifications defined by Collier County's Maintenance of =- Traffic (MOT) Policy, which meets or exceeds the MUTCD and FDOT Roadway & Traffic Design Standards Indexes. o g. The contractor shall not allow crew or equipment to cross the street at "midblock". The contractor must have a safe and systematic method of operations for trimming palms, trees, and shrubs ¢ along the roadway. This method must be discussed with Risk Management and the Project U Management prior to bidding. a h. The crew may utilize the beginning of the turn lane to stage equipment but still allowing traffic to a turn. There is no parking in accordance with Florida Statute 316.1945 Stopping, standing, or parking prohibited in specified places. i. These areas where stopping, standing, or parking is prohibited include: o • In front of a public or private driveway. • Within 15 feet of a fire hydrant. • Within 20 feet of a crosswalk at an intersection. D. • Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. • Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted). • On an exclusive bicycle lane. Page 18 of 20 16-6610"Annual Contract fqr Landscape Packet P 605 The Davey Tree E) g. 16.A.2.h • At any place where official traffic control devices prohibit standing. Q m o j. Parking heavy equipment on sidewalks is not allowed. Sidewalks are to be kept clear for pedestrians at all times. c k. The MOT signs shall move with the work zone to adequately warn motorists. MOT Signs should ° not be placed beyond signalized intersections. If your work zone goes beyond a signalized 15 intersection, additional signage should be placed or signs moved to alert motorists who have just c entered from a signalized intersection onto a roadway/median where work is being conducted. 0 cc Lane Closure = Lane closure for median maintenance shall be limited and adhere to the following: c r- • Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday. Work will not be scheduled on Saturday and Sunday, unless otherwise a. approved by the Project Manager or designee. u_ 12 • There will be no lane closures permitted during season (between Thanksgiving and Easter). The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to E the Project Manager or designee. _ 0 • When working within any State or County roadway the contractor shall contact the Growth Management Department, Customer Service Specialist, or designee the Wednesday before lane c closures are planned for Collier County's public road alert notification. A Road Alert form must be submitted (form provided by County). E 0 u 0 Notice to Begin Work(NTBW)for Weekly Services (Not applicable to all Departments) cc The Road Maintenance Division utilizes Cartegraph, an Operations Management System (OMS), v which generates internal work orders in the scheduling of preventive maintenance, organizing and co tracking inventory, and manages equipment costs while providing advanced reporting and analytics. _ CD • Prior to the Contractor proceeding with the "on as needed" services, the Project Manager or Q designee shall generate internal work order(s) on a monthly basis for weekly services that will a be performed for specified month. The Project Manager or designee shall notify the Road o Maintenance Contract Administration Specialist to generate the Notice to Begin Work (NTBW). ct • The Contract Administration Specialist or designee shall issue the NTBW to the Contractor. a Each NTBW will have the work location, description of work to be performed, and the project w start and end dates. a • Work shall be completed within the timeline outlined by County staff. Any problematic incidences and/or complaints are to be written in a report to the County representative. o General Maintenance Report Sheets 5 The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The c) report sheets shall be signed and submitted on a weekly basis the day after service completion for a timely review by the County and it must be attached to the invoice on a monthly basis to the owner's appointed representative for review and approval as to completeness. c • The General Maintenance Report Sheets are required to be signed by the Contractor and .Fc submitted prior to monthly billing and payment. u Q Page 19 of 20 �`�o) 16-6610"Annual Contract for Landscape Packet Pg. 606 The Davey Tree E) 16.A.2.h • The Contractor will be required to conduct on-site inspections with the Project Manager or designee on a weekly or monthly basis to verify satisfactory completion of Contract requirements. • Original forms for the report sheets will be provided to the Contractor for his reproduction purposes. ,o U Contractor's Weekly Work Schedule Contractor shall email the weekly work schedule to the Division's Project Manager or designee on 0 Friday by close of business for the next week's work schedule. The schedule shall indicate the days and service locations. Please note: Any changes to the work schedule shall be made twenty-four (24) hours in advance of the next work day or no later than 7:00 a.m. the morning of the change. Equipment Requirements The equipment utilized shall be in good working condition, properly maintained, and designed and manufactured for the work required in the specifications. It shall be equipped with all safety devices available and must be properly maintained. The crews must be trained to safely use the equipment. To meet the scope of work requirements, the Contractor shall furnish the following equipment, but not o limited to: 0 • One (1)Aerial bucket truck (a minimum fifty (50')feet vertical reach) or similar equipment. • One (1) stump grinder • One (1) brush chipper • 0 • Saws: Chain, hydraulic, and circular w • Traffic signage and traffic cones • Arrow board co • Ladders and other equipment required to service the locations. co a, 0 L Q 0. f6 0 U a) 0. x W CD a) H a, > as 0 c a> a) 0) C, E C C w+ Page 20 of 20 16-6610"Annual Contract for Landscape Packet Pg. 607 The Davey Tree E) 1 6.A.2.i AGREEMENT16-6610 for Annual Contract for Landscape Maintenance THIS AGREEMENT, made and entered into on this day of 2016, by o and between Stahlman-England Irrigation, Inc., authorized to do business in the State of U Florida, whose business address is 2063 Trade Center Way, Naples, Florida 34104, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 0- 1. 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the date of Board award and terminating one (1) year from that or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the o consent of the Contractor, renew the Agreement under all of the terms and conditions o contained in this Agreement for four (4) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. E The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor co written notice of the County's intention to extend the Agreement term prior to the end of °° the Agreement term then in effect. 0 2. STATEMENT OF WORK. The Board of County Commissioners deemed a total of eight Q (8) firms qualified and awarded an Agreement. The Contractor under this Agreement will provide complete services for Landscape Maintenance in the following category: °a Category 4: Advanced Irrigation The Contractor shall provide landscaping maintenance services in accordance with the terms and conditions of RFP #16-6610, Exhibit A— Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be performed to all the awarded firms in a specific category which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractors E shall respond with the information sought within the time specified by the Project c,4® Page 1 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 608 Stahlman-England 16.A.2.i Manager, or designee. The Project Manager, or designee, will award the Work to the Contractor that submits the lowest responsive quote. N 3. THE AGEEMENT SUM. The County shall pay the Contractor for the performance of J the Work pursuant to the quoted price offered by the Contractor in the response to a specific Request for Quotation pursuant to the Price Methodology in Section 3.1. c6 3.1 Price Methodology: 0 U Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's 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. o 2 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. a 3.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). co 3.3 Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Q Act." Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) °a months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the 75) timely submission of invoices under this Agreement. w 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: E CACa Page 2 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 609 Stahlman-England 16.A.2.i Stahlman-England Irrigation, Inc. Q 2063 Trade Center Way 0 Naples, Florida 34109 0 Attn: Mark S. Stahiman, Owner-Vice President 0 Telephone: (239) 514-1200 0 Facsimile: (239) 514-1191 v markAstahlman-england.com 0 0 U 73 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: (- 0 0 Collier County Government Center Procurement Services Division a 3327 Tamiami Trail, EastEt Naples, Florida 34112 -2 Attention: Director, Procurement Services Division Telephone: 239-252-8407 0 Facsimile: 239-252-6480 c 0 w c The Contractor and the County may change the above mailing address at any time upon E giving the other party written notification. All notices under this Agreement must be in o writing. rx 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating co a partnership between the County and the Contractor or to constitute the Contractor as , an agent of the County. 0 0 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits Q necessary for the prosecution of the Work shall be obtained by the Contractor. The 0 County will not be obligated to pay for any permits obtained by Subcontractors. o Payment for all such permits issued by the County shall be processed internally by the c County. All non-County permits necessary for the prosecution of the Work shall be c procured and paid for by the Contractor. The Contractor shall also be solely responsible w for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or a' the U. S. Government now in force or hereafter adopted. The Contractor agrees to cn comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. E 0 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to 0 use in any manner whatsoever, County facilities for any improper, immoral or offensive < purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor 0 or if the County or its authorized representative shall deem any conduct on the part of c4,0 a Page 3 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 610 Stahlman-England 16.A.2.i the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. L 9. TERMINATION. With respect to this Agreement, should the Contractor be found to U have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as u_ to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: o A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. E B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Et Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage CO Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Q Limits in compliance with the applicable state and federal laws. 0. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for 0 each accident. Special Requirements: Collier County Government shall be listed as the Certificate w Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall 7 provide County with certificates of insurance meeting the required insurance provisions. E Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) E hours after receipt, of any notices of expiration, cancellation, non-renewal or material a Page 4 of 15 CCA-10) #16-6610"Annual Contract for Landscape packet P 611 Stahlman-England g• 16.A.2.i change in coverage or limits received by Consultant from its insurer, and nothing 0 0. contained herein shall relieve Contractor of this requirement to provide notice. 0 N Contractor shall ensure that all subcontractors comply with the same insurance 0 requirements that Contractor is required to meet. o 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 0 shall indemnify and hold harmless Collier County, its officers and employees from any o and all liabilities, damages, losses and costs, including, but not limited to, reasonable o attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this 0 Agreement by Contractor, any statutory or regulatory violations, or from personal injury, a property damage, direct or consequential damages, or economic loss, to the extent o caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or a reduce any other rights or remedies which otherwise may be available to an indemnified u_ party or person described in this paragraph. 12 This section does not pertain to any incident arising from the sole negligence of Collier o County. 0 w 12.1 The duty to defend under this Article is independent and separate from the duty to 0 indemnify, and the duty to defend exists regardless of any ultimate liability of the E Contractor County and any indemnified party. The duty to defend arises immediately E o upon presentation of a claim by any party and written notice of such claim being 0 provided to Contractor. Contractor's obligation to indemnify and defend under this ce Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party co for the matter indemnified hereunder is fully and finally barred by the applicable statute 0 of limitations. o t.. 0. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of a the County by the Growth Management Department. ° U 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and 0 shall acquire no interest, either direct or indirect, which would conflict in any manner with c the performance of services required hereunder. Contractor further represents that no W persons having any such interest shall be employed to perform those services. E 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein , set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #16-6610-Annual Contract for Landscape Maintenance Specifications/Scope of Services and Addenda, g Exhibit A—Scope if Work and subsequent quotes. 0 0) 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County g Commissioners. c CU 4Q Page 5 of 15 CC::; #16-6610"Annual Contract for Landscape Packet Pg.612 Stahlman-England 16.A.2.i 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individualCL shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of `o 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 o time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate c.) termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including a but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida o Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE o CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TOCD THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 cp Naples, FL 34112-5746 ° Telephone: (239) 252-8383 0 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the a, service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized E by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. a 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor f transfers all public records to the public agency upon completion of the contract, Page 6 of 15 F41) #16-6610"Annual Contract for Landscape Packet Pg. 613 Stahlman-England 16.A.2.i the Contractor shall destroy any duplicate public records that are exempt or Q confidential and exempt from public records disclosure requirements. If the v Contractor keeps and maintains public records upon completion of the contract, ffd the Contractor shall meet all applicable requirements for retaining public ft records. All records stored electronically must be provided to the public o agency, upon request from the public agency's custodian of public records, in a t format that is compatible with the information technology systems of the public 2 agency. E. U If Contractor observes that the Contract Documents are at variance therewith, it shall c promptly notify the County in writing. Failure by the Contractor to comply with the laws a referenced herein shall constitute a breach of this Agreement and the County shall have o the discretion to unilaterally terminate this Agreement immediately. CO 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages a and agrees to the successful proposer extending the pricing, terms and conditions ofac this solicitation or resultant Agreement to other governmental entities at the discretion of -. the successful proposer. E 0 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or a otherwise unenforceable, in whole or in part, the remaining portion of this Agreement 0 shall remain in effect. a 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to 0 this Agreement in compliance with the Procurement Ordinance, as amended, and 0 Procurement Procedures. re co �r 22. PAYMENTS WITHHELD. The County may decline to approve any Application for °° Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The 0 County may nullify the whole or any part of any approval for payment previously issued 0. and the County may withhold any payments otherwise due Contractor under this a Agreement or any other Agreement between Owner and Contractor, to such extent as ° may be necessary in the Owner's opinion to protect it from loss because of: (a) defective 0 Work not remedied; (b) third party claims failed or reasonable evidence indicating c probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work u can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory L prosecution of the Work by the Contractor; or (g) any other material breach of the cn Contract Documents. •E. If any conditions described above are not remedied or removed, the County may, afterCt three (3) days written notice, rectify the same at Contractor's expense. a� Q 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 0 4,3C Page 7 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 614 Stahlman-England 16.A.2.i 24. CHANGES IN THE WORK. The County shall have the right at any time during the a progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of by the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County's c.) 7.1 Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. 25. WARRANTY. Contractor shall obtain and assign to the County all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to the a County that any materials and equipment furnished under the Contract Documents shall u_ be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. E 0 V If, within one (1) year after final completion, any Work is found to be defective or not in cc conformance with the Contract Documents, Contractor shall correct it promptly after co receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a -0 result of such replacement or repair. These warranties are in addition to those implied > warranties to which the County is entitled as a matter of law. Q 0. 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. a°c The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 27. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, 8 Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by E organizations acceptable to the County. Page 8 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 615 Stahlman-Englanc 16.A.2.i 28. PROTECTION OF WORK. a A. Contractor shall fully protect the Work from loss or damage and shall bear the73 CO cost of any such loss or damage until final payment has been made. If c Contractor or anyone for whom Contractor is legally liable is responsible for o any loss or damage to the Work, or other work or materials of the County or r County's separate contractors, Contractor shall be charged with the same, and i any monies necessary to replace such loss or damage shall be deducted from 8 any amounts due Contractor. Co B. Contractor shall not disturb any benchmark established by the County with a respect to the Project. If Contractor, or its subcontractors, agents or anyone, c- for whom Contractor is legally liable, disturbs the County's benchmarks, 0 Contractor shall immediately notify the County. The County shall re-establish to the benchmarks and Contractor shall be liable for all costs incurred by the a County associated therewith. ce P. 29. EMERGENCIES. In the event of any emergency affecting the safety or protection of 3 persons or the Work or property at the Project site or adjacent thereto, Contractor, o without special instruction or authorization from County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that 43 any significant changes in the Work or variations from the Contract Documents have been caused thereby. o u If the County determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to co- document the consequences of the changes or variations. 7 If Contractor fails to provide the forty-eight (48) hour written notice noted above, the o Contractor shall be deemed to have waived any right it otherwise may have had to seek Q an adjustment to the Contract Amount or an extension to the Contract Time. ca 0 30. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good c faith effort to resolve any such disputes by negotiation. The negotiation shall be 1, attended by representatives of Contractor with full decision-making authority and by w County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the g commencement of depositions in any litigation between the parties arising out of this Y Agreement, the parties shall attempt to resolve the dispute through Mediation before an ''' agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall 8 be attended by representatives of Contractor with full decision-making authority and by g County's staff person who would make the presentation of any settlement reached at 0 mediation to County's board for approval. Should either party fail to submit to mediation Q as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. �- u \....../ Page 9 of 15 #16-6610"Annual Contract for Landscape packet Pg. 616 Stahlman-Englanc 16.A.2.i 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate0. federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. J L 32. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor 0 shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. r. 33. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of ri any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Let Agreement shall take precedence. 34. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer 2. this Agreement, or any part herein, without the County's consent, shall be void. If 2 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 0 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this CO Agreement. This may include, but not be limited to, checking federal, state and local law 0 enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. o Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Lig,' Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and E can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their N shirts the name of the contractor's business. E" C, The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to a Collier County separates from their employment. This notification is critical to ensure the a; continued security of Collier County facilities and systems. Failure to notify within four CD (4) hours of separation may result in a deduction of$500 per incident. * * * * * . , Page 10 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 617 Stahlman-Englanc 16.A.2.i IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. CD J BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: B E y Donna Fiala, Chairman Dated: (SEAL) CO Stahiman-England Irrigation, Inc. a. u_ Contractor O By: First Witness Signature TType/print witness nameT TType/print signature and title Second Witness cc co TType/print witness name C) > 0 L 0. 0 roved as to Form and Legality: C I ssistant County Attorney Print Name E s Cnm C E 0 0 L EnC E Itj Page 11 of 15 #16-6610"Annual Contract for Landscape Packet Pg. 618 Stahlman-Englanc 16.A.2.i Exhibit A SCOPE OF WORK C6 Category 4 Advanced Irrigation On-Call Services & Repairs cu w Watering Schedule Prior to issuance of the Notice to Begin Work, the Contractor's irrigation Project 0 Manager shall review the system and submit a recommended watering schedule as it Fa pertains to the irrigation plan for the contracted area. The landscape Contractor will provide documentation in writing and shall include any changes or recommendations. Any subsequent recommended changes shall be recorded on the "Irrigation Schedule" (see attachment). If the Contractor does not review the irrigation and submit the irrigation schedule documentation, then the Notice to Begin Work will not be issued until the Contractor accepts full responsibility and approves the scheduling and usage appropriated by the County. Be aware that you will be expected to update and coordinate the watering schedules with the Collier County Irrigation Project Manager as required for monitoring o purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All o irrigation request shall be in writing. Upon issuance of a "Notice to Begin Work", the Contractor shall review all irrigation systems and notify the Project Manager of any existing problems. ce G7 Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the Project co Manager at no added cost. A police report must be filed and a copy sent to Project Manager. • All irrigation parts shall be supplied by Collier County under an annual bid. a • Use only County approved replacement parts and only matched precipitation head replacements. • Collier County will maintain the reclaimed water signage if existing. • The landscape Contractor shall observe the irrigation system as it pertains to plants and spray coverage and report any observed field problems when they occur. w Conventional Pop-Up Sprinkler Systems Labor costs for these listed irrigation services and minor system repairs shall be included in the Contract Bid Unit Pricing. Materials will be purchased by Collier County through an annual vendor. ,. Weekly Service Requirements E The Contractor shall complete the "Irrigation System Checklist Weekly Requirement" sheets on a weekly basis. The Report Sheets shall be signed and submitted on a weekly basis to the Project Manager for review and approval as to completeness and must be provided before the ending of the work day Friday or beginning of the work day on Monday and may be faxed, e-mailed or hand-delivered. Check list should include all findings as c9 part of the weekly irrigation checks and watering requirements. Collier County reserves Page 12 of 15 #16-6610"Annual Contract for Landscape Packet Pg.619 Stahlman-Englanc 16.A.2.i the right to reject payment request for these services if checklist is not provided on a timely a basis. The irrigation system checklist weekly requirement form must be filled out in its 0 entirety and must include all irrigation parts purchased with corresponding packing slip information from the County approved supplying vendor. CZ a • Visual inspection of the irrigation systems shall be performed weekly to determine if 1-3 the systems are functioning normally and if cuts, leaks, piping damage, flooded r areas exist, and repair as necessary. 0 To • Valves can be operated manually at the valve box, the surge board toggle, or at the controller. The operation switch shall be returned to the "automatic" position after Q service. Failure to do so may create a hazardous road condition because of o uncontrolled irrigation water running outside of the programmed schedule. The contractor will be fined $110.00 for each occurrence (Calculated for 2 irrigation 6 crew members at a labor rate of$55.00/hour.) n u. cc • Automatic Control Valve Assemblies and Quick Coupling Valves work 2. requirements are to: Open zone control valve assemblies' boxes to inspect 2 valves for leaks and proper settings. The valve boxers shall be clean and free of o debris, leaves, and mulch. Quick coupling boxes shall be checked to make sure o that they free of debris and foreign objects. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas to be kept at sod level. All valve boxes in 0 plant beds to be kept two inches (2") above finished mulch level. County, upon g approval, will supply the valve boxes to reach the specified height. o o 0 • All cuts, leaks or other piping damage found to be caused by the Contractor's personnel or subcontractors performing services in the landscape areas shall be co repaired immediately at no cost to the County. Replacement of damaged valve boxes/lids is required if caused by the Maintenance Contractor. 0 0 L • Upon acceptance and through the duration of the maintenance contract, the ft contractor is to provide an irrigation watering schedule based on the watering needs o of the existing plants in each zone. The contractor shall identify the following: 1. v Wet and dry zones, 2. Plant and turf decline, and 3. Plant infestation in trees, c palms, shrubs, groundcover, and turf. as Tin ul These observations must be written in the irrigation report. Immediately advise the project manager and irrigation project manager of the condition and provide E immediate solutions. cZ If the procedure is not followed and the plants are damaged or die-off has occurred, it shall be the contractor's responsibility to replace at cost to the County. g N 0 • All Minor Repair labor cost shall be included in the weekly irrigation function line Q item. Minor repairs include: The replacement of reads, decoders, nozzles, and solenoids. The installation or replacement of risers. The repair of lateral PVC pipe or funny pipe breaks and clear any restricted sprinkler lines. g CSG Q Page 13 of 15 #16-6610"Annual Contract for LandscaoE Packet Pg. 620 Stahiman-Englanc, Minor Irrigation Repairs a� Minor irrigation repairs shall include, but not limited, to the following items below. Contractor shall review the irrigation system and repair any blown-off heads, broken lines, and leaks around heads or valves. It shall be the Contractor's responsibility to notify the Project co Manager of any irrigation problems or additional irrigation maintenance needs. o 48 • The Contractor shall further clean and adjust all sprinkler heads and nozzles to L ensure that all landscaped areas receive total one hundred percent (100%) o irrigation coverage and heads are not spraying onto roadways or walkways. • If a longer nozzle is required contractor shall change nozzle. • Replace defective and/or broken heads or nozzles, install or replace defective and/or broken risers and repair minor breaks or restricted sprinkler lines. • Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. u. • Minor repairs include replacement of heads, nozzles, decoders, and solenoids; P. installation or replacement of risers; repair of minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve .2 boxes/lids, necessary for proper and safe operation of the systems. o • All minor repairs labor cost shall be reflective in the irrigation weekly function line item. E Major Irrigation Repairs Major irrigation repairs to the irrigation systems shall include, but not limited to: 03 • Repairs to valves, controllers, electrical wiring, and main lines. co • These repairs are not included in weekly irrigation functions and shall be priced out 0 separately or may be fixed by other. o 0. Irrigation additional repair costs CO Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and the Project Manager prior to additional services being performed. Communication The irrigation service personnel shall have on-site two-way hand-held communications or phone during all weekly/monthly services and/or inspections. There shall always be an irrigation crew of two at the time of service. Crew Size/Man Hours When required, a Contractor shall provide with each site visit a minimum of two personnel CD with each weekly service of the work areas. The work shall be completed within one visit, a if necessary consecutive day visit may follow. Purpose is to have the entire segments under this contract completed at the same time. Contractor will be providing to satisfactorily perform the requirements of this Agreement. C Page 14 of 15 #16-6610"Annual Contract for Landscape Packet Pg.621 Stahlman-Englanc 16.A.2.i General Maintenance Report a The Contractor shall complete the General Maintenance Report Sheets (GMRS) on a weekly basis. The GMRS original form will be provided to the Contractor for reproduction purposes. • The GMRS shall be signed and submitted on a monthly basis prior to monthly billing to the Department's appointed representative for review and approval as to completeness. 0 0 • The Contractor will also be required to conduct on-site inspections with the Project Manager or Department's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. o tO • A weekly schedule is also required and shall be submitted to the Project Manager before the beginning of the work day on Monday and may be a faxed, e-mailed or hand-delivered. The schedule shall indicate the days and u_ service location and must include when irrigation checks are scheduled. CC 0 0 CC m E E 0 U O co d co N O L 0_ 0. co 0 U -0 C CC rn C W cC E CC N c m E m N a) .W C C) E U Page 15 of 15 #16-6610"Annual Contract for Landscape packet Pg. 622 Stahlman-Engianc