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Backup Documents 10/25/2016 Item #16A 2 (Commercial Land Maintenance) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 4,4 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA ora Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ^ **NEW**ROUTING SLIP IR Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist and forwarRMt+ie Coppt t�mey Office. Routed by Procurement Services to theO 1 7TH+ Following Addressee(s) (In routing order) ffiee Initials Date 1. Risk Risk Management '� k Llnagcment 2. County Attorney Office CountyAttorne Office SCS l I./D'i 3. BCC Office Board of County Commissioners—1:7-Vh \,S6�l \‘\ \\c 4. Minutes and Records Clerk of Court's Office —(7r,,i\ (` (30/R) 3:60m 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Viviana Giarim s for Brenda rir4lhart Phone Number 239-252-8375 Procurement Staff Contact and Date Agenda Date Item was 10/25/16 Agenda Item Number 16A2 1 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6610/Florida Land number if document is Number/Company Maintenance to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SV.A.1--1* tJ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VG signed by the Chairman,with the exception of most letters,must be reviewed and signed v` by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip . � 1In� should be provided to the County Attorney Office at the time the item is input into SIRE. ,W.Pk i'`: Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made VG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ' N Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A2 MEMORANDUM Date: December 1, 2016 To: Viviana Giarimoustas, Purchasing Tech Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #16-6610, Landscape Maintenance Vendors Contractor: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance Attached for your records is an original copy of the contract referenced above, (Item #16A2) approved by the Board of County Commissioners on October 25, 2016. The second original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 /12 AGREEMENT 16-6610 for Annual Contract for Landscape Maintenance THIS AGREEMENT, made and entered into on this day of OCA.ObQX'" 2016, by and between Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, 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 of the State of Florida, (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 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. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. 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 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 II Page 1 of35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A2 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. 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. 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 projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 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 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. 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 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 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: Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance 3980 Exchange Avenue Naples, Florida 34104 Attn: Robert Kindelan, President Telephone: (239) 643-6205 Facsimile: (239) 643-5012 indelan Rcommlandmaint.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 Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 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 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. 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 °CPI.° #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance I 6 A E. ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 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 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. 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. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 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. 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 Page 4 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 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. 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 shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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 the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 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, Exhibit A —Scope if Work and subsequent quotes. 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. Page 5 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 A 2 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 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 comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor _ if-c Page 6 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. 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. 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. 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 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 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 can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. 23. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. Page 7 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 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 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. 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. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 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. t. Page 8 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 At- 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 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, 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. 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 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. 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 document the consequences of the changes or variations. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Page 9 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 A 2 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 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 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 this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 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 Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(acolliergov.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 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 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 ATTEST: COLLIER C UNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: ` nn( - By /1011410 : Donna iala, Chairman Dated: I -1. (SEAL) Florida Land Maintenance, inc. d/b/a Commercial Land Maintenance Contractor By: �•��-- itn ..,1 � Signature•CYXY� - E-4-19 A r/2- t , TTy•e/print witness nameype/print signature and titleT e,o d itness _t TT pe print witness ameT proved as to Form and Legality: ( t9/l'i jatea41_12 sistan County Attorney� - islee/1M °CSra Print Name Item# Agenda (oa5_, Date Date -� Recd -)epu 4111,% • Page I1 of35 #16-6610°Annual Contract for Landscape Maintenance' Florida Land Maintenance,Inc d/b/a Commercial Land Maintenance 1 6 A 2 Exhibit A SCOPE OF WORK Category 1 Basic Landscape Maintenance 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. Mowing and Edging Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris which includes, but not limited to, palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, tree branches and limbs, shrubbery, and other miscellaneous objects on the ground in the service area to include the right-of-way. The number of mowing services may be modified by the County's 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. 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 the right-of-way line (in most cases the wooden power poles). • 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 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 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 '/z"). 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 responsible for repairing any ruts caused by their mowers at no additional costs to the ,q"•_ Page 12 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 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 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. • 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 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 service shall include: trash removal, mowing, and edging of the entire project. • Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. • 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. • 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 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. Street Cleaning Sidewalks, curbing, and gutters to include the four (4') foot area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. 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 (90 Page 13 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 6 performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker is required when spraying Round-Up. General Site Trimminq/Pruninq 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. • 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. • 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 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 (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 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 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") 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. Page 14 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 • 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. • 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. • 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. • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") 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. • 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 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. 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 furnished and 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 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. 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 b: Page 15 of35 �✓ #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 2 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. Page 16 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 Category 2 Landscape and Irrigation Maintenance The specifications for Category 2 are services for landscape and irrigation maintenance on a 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 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 repairs, street sweeping, herbicide, pesticide, mulching, fertilization, tree pruning, and incidental services. 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 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. 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 (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). 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 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 '/z"). 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 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. Page 17 of35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 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. 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. 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 service shall include: trash removal, mowing, and edging of the entire project. Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. 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. • 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 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. Street Cleaning Sidewalks, curbing, and gutters to include the four foot (4') area from the face of the gutters and curbs, turn lanes, medians, and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. Sidewalks shall be blown clean. Grass clippings or other debris shall not be blown on other adjacent property or accumulate on right-of-way areas, paved areas, traffic, or roadways. Blowing shall be directed toward the existing landscape median or grass. 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 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]8 of 35 CI) #16-6610"Annual Contract for Landscape Maintenance' Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 6 General site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. • 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. • 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. • 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 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 (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 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 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") 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. • 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. • 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 Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 • 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. • Shrubs are to be pruned to one foot zero inches (1'0"), one foot six inches (1' 6") 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. • 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 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. Miscellaneous and Landscape Maintenance Responsibilities • 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, 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. • 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 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. • 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 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. Page 20 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 2 A Crew Size When required, 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. Crew Contractor shall have crew size that is able to meet or exceed the requirements listed in the 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 removal, equipment operation and maintenance, electrical hazards, tree anatomy and identification. • Crew Leader shall maintain a good working relationship with the County and provide the 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. 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. • 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 questions regarding the work. • In the event they are unavailable there must be a secondary point-of-contact who can be 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 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 Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A2 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 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. 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 Contractor may have knowledge and experience in palm pruning. They 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 root structure, and diseases. 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 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. • 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. 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. 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. Page 22 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance :. 1 6 A • Deboot (Clean) Palm Trees (When required) When required, de-booting or slicking of palm trees is the removal of boots along the trunk of a palm. Complete boot removal and disposal of debris. Ornamental & Turf Spraying Proposers shall be responsible for scouting pests and landscape diseases and providing analysis for correcting and maintaining the landscape. 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 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. • Turf herbicides shall not be applied when the daily temperature exceeds eighty-five (85) degrees. • 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. • 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 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. • 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 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. 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.) Page 23 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc d/b/a Commercial Land Maintenance 16A2 Application of Fertilizers • 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. • Any variation of this schedule needs to be pre-approved by the County's Project Manager 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 during a mowing operation. • Application Rate: For the slow or controlled release fertilizer, the fertilizer shall be applied at a rate of 1.5 lbs. per 100 square feet. It shall be broadcasted throughout the median 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 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 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 pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: • Provide an initial plan that describes the Contractor's procedures, methods, and techniques that will enhance the environment and address the pest and spray program 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. • 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. Page 24 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 • 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. 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) Applicator's name that applied the product. Note: Item 1) — 3) shall be included with the monthly invoice for payment. Chemical Records Documentation Records of all applications shall be kept according to state or federal regulations. According to the Department of Environmental Protection, the Records may include, but are not limited to, the following information: • Application date and time • Applicator's name • Personnel that is directing or authorizing the application • 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 • Area treated (acres or square feet) and location • Quantity of pesticide used • Application equipment • 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. Work Area Preparation/Inspection When preparing the work area, the Contractor must protect groundcover and any landscape 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 County's Project Manager or designee 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. • 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 measures needed. • 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 diseases or infestations are found and recommend an appropriate treatment per the Contract requirements. Page 25 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 • The Contractor shall remove all trimmed and fallen debris the day of service and not stock pile debris in planting beds. If required by the County's Project Manager: Work Order and Notice to Begin Work (NTBW) — This section may not be applicable for all projects. 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. a) 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 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 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. 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 designee on Friday morning no later than 7:00 a.m. The schedule shall indicate the service locations and date/times. 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 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 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. 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: a) Specify roadway segment and/or plant material sprayed. Page 26 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 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. c) Labor to install material. d) Pesticide documentation must be submitted with invoice. If the documentation is not 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, and be provided a schedule of where the contractor will be, so that an Inspector can be on-site. When it becomes necessary for the Contractor to return for additional spraying as directed by the County's Project Manager or designee, or designated representative, due to non- performance of a required application, such additional spraying shall be performed at no cost to the County. When specified in the specifications, Chemical Pick Up and Drop Collier County, Growth Management Department, Road Maintenance Division shall provide the 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, Standard Operating Processes(SOP) attachment. a) The hours can be subject to change by County depending on staff availability. If the contractor would like to propose a different time, it can be changed subject to mutual approval. b) If there are chemicals remaining at the end of day, they must been returned to the 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 Contractor and personnel shall adhere to ANSI (American National Standards Institute) Z133 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 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 trained to perform services per OSHA guidelines. Repairs/Damages Contractor shall be responsible in promptly repairing damages caused by Contractor's 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. Page 27 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 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. 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 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) 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 the Contractor of providing the Premium Grade sod as specified for the duration of the Contract period. 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 volume. 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. 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. Pad Thickness: Thickness of the cut sod shall be to the industry's standard, but in no case 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 pad section without tearing apart. 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 Payers All median brick curbing, brick paving, sidewalks, and paving areas may be pressure cleaned to remove tire marks or other dirt which may be deposited on the surface areas. Sealing of Page 28 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance I 6 A 2 paving areas may be at the direction of the Project Manager or designee on a time and material basis. 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 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 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 replace and/or repair pavers. Mulching Organic Mulch: Areas with no mulch or new planting areas shall have mulch placed to provide 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 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") depth is maintained. 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 (application to be finished by November 1st). Mulch distribution within a tree or palm area shall 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 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 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. 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 (C '-';) Page 29 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 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 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 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. Plant Material Replacement Incidentals 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. • Disposal of existing material and debris • 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 • Labor to install 2" of replacement mulch • Provide one year warranty on all materials • Includes all dumping fees • Maintenance of Traffic • Written notification of the controller and zone number and recommended watering schedule through establishment Irrigation Systems — Weekly Service Requirements 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 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 provide this documentation, work 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 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. • 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 Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1642 A2 • 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 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 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 observe the irrigation system as it pertains to plants and spray coverage and report 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. 0 Page 31 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 1 6 A 2 Category 4 Advanced Irrigation On-Call Services & Repairs 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 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 purposes and also indicate recommendation on the "Irrigation Schedule/Checklist". All 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. 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. • 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. 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 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 part of the weekly irrigation checks and watering requirements. Collier County reserves le • Page 32 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 A 2 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. • 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. • 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 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.) • 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 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. • 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 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. 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. 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 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 2 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. • 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. • 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. • Minor repairs include replacement of heads, nozzles, decoders, and solenoids; installation or replacement of risers; repair of minor/lateral PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids, necessary for proper and safe operation of the systems. • All minor repairs labor cost shall be reflective in the irrigation weekly function line item. Major Irrigation Repairs Major irrigation repairs to the irrigation systems shall include, but not limited to: • Repairs to valves, controllers, electrical wiring, and main lines. • These repairs are not included in weekly irrigation functions and shall be priced out separately or may be fixed by other. 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 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 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. Coo Page 34 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 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. Page 35 of 35 #16-6610"Annual Contract for Landscape Maintenance" Florida Land Maintenance,Inc.d/b/a Commercial Land Maintenance 16A2 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Of Florida, Inc. PHONE 239 262-5143 FAX 239-261-8265 1421 Pine Ridge Road, Suite 200 (AIC,No,Ext): (A/C.No): Naples FL 34109 ADDARess:certs@bbnaples.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:North River Ins. Co. 21105 INSURED COM ME-2 INSURER B:Associated Industries Insuranc 23140 Florida Land Maintenance Inc dba INSURER C:Southern-Owners Ins. Co. 10190 Commercial Land Maintenance INSURER D;Owners Ins Co. 32700 3980 Exchange Avenue Naples FL 34104 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:868793728 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS C x COMMERCIAL GENERAL LIABILITY Y Y 20229177 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5039875901 1/1/2016 1/1/2017 COMBINED SINGLE LIMI r— $1 000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OSVNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) - $ A X UMBRELLA LIAB X OCCUR 5811056847 7/1/2015 1/1/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION Y AWC1056382 1/1/2016 1/1/2017 X PER ERH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Landscaping Contractor General Liability includes Additional Insured status per form #55373 - Blanket Additional Insured, when required under a written agreement with you. Blanket Waiver of Subrogation per General Liability Plus Endorsement. Workers Compensation includes Blanket Waiver of Subrogation per form #WC000313 - Waiver of our Right to Recover from Others Endorsement. See Attached. . . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE I L-qS4 ‘,„,..iv,,,,,,,,Qt attka, - , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 16A2 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Of Florida, Inc. PHONE 239 262-5143 FAX 239-261-8265 1421 Pine Ridge Road, Suite 200 (AIC,No,Ext): (A/C.No): Naples FL 34109 ADDARess:certs@bbnaples.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:North River Ins. Co. 21105 INSURED COM ME-2 INSURER B:Associated Industries Insuranc 23140 Florida Land Maintenance Inc dba INSURER C:Southern-Owners Ins. Co. 10190 Commercial Land Maintenance INSURER D;Owners Ins Co. 32700 3980 Exchange Avenue Naples FL 34104 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:868793728 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS C x COMMERCIAL GENERAL LIABILITY Y Y 20229177 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5039875901 1/1/2016 1/1/2017 COMBINED SINGLE LIMI r— $1 000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OSVNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) - $ A X UMBRELLA LIAB X OCCUR 5811056847 7/1/2015 1/1/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION Y AWC1056382 1/1/2016 1/1/2017 X PER ERH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Landscaping Contractor General Liability includes Additional Insured status per form #55373 - Blanket Additional Insured, when required under a written agreement with you. Blanket Waiver of Subrogation per General Liability Plus Endorsement. Workers Compensation includes Blanket Waiver of Subrogation per form #WC000313 - Waiver of our Right to Recover from Others Endorsement. See Attached. . . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE I L-qS4 ‘,„,..iv,,,,,,,,Qt attka, - , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: COMMS-2 16 A2 LOC#: ,d►CGR D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown & Brown Of Florida, Inc. Florida Land Maintenance Inc dba POLICY NUMBER Commercial Land Maintenance 3980 Exchange Avenue Naples FL 34104 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County Government as Additional Insured, when required by written agreement, for any and all work performed in Collier County ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: COMMS-2 16 A2 LOC#: ,d►CGR D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Brown & Brown Of Florida, Inc. Florida Land Maintenance Inc dba POLICY NUMBER Commercial Land Maintenance 3980 Exchange Avenue Naples FL 34104 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Collier County Government as Additional Insured, when required by written agreement, for any and all work performed in Collier County ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 6 A2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 25.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 1/1/2016 Policy No. AWC1056382 Endorsement No. WC000313 Insured Florida Land Maintenance, Inc. Premium$ 38058 Insurance Company Associated Industries Insurance Company, Inc. Countersigned by @ 1983 National Council on Compensation Insurance. 1 6 A2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 25.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 1/1/2016 Policy No. AWC1056382 Endorsement No. WC000313 Insured Florida Land Maintenance, Inc. Premium$ 38058 Insurance Company Associated Industries Insurance Company, Inc. Countersigned by @ 1983 National Council on Compensation Insurance. Detail by Entity Name Page 1 of 2 16A2 FLORIDA DEPARTMENT OF STATE DIVISION F CORPORATIONS Detail by Entity Name Florida Profit Corporation FLORIDA LAND MAINTENANCE, INC. Filing Information Document Number P99000047430 FEI/EIN Number 65-0923754 Date Filed 05/20/1999 State Statusiieth Last Event CANCEL ADM DISS/REV Event Date Filed 10/18/2004 Event Effective Date NONE Principal Address 3980 EXCHANGE AVE NAPLES, FL 34104 Changed: 04/10/2006 Mailing Address 3980 EXCHANGE AVE NAPLES, FL 34104 Changed: 04/10/2006 Registered Agent Name &Address KINDELAN, ROBERTO 3980 EXCHANGE AVE > APLES, FL 3 04 Address Changed: 04/10/2006 Officer/Director Detail Name &Address Title PD KINDELAN ROBERT JR. 3980 EXCHANGE AVE NAPLES, FL 34104 Annual Reports http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/1 0/20 1 6 Detail by Entity Name Page 2 of 2 16 lk Report Year Filed Date 2014 04/03/2014 2015 01/20/2015 2016 01/25/2016 Document Images 01/25/2016 --ANNUAL REPORT View image in PDF format 01/20/2015 --ANNUAL REPORT View image in PDF format 04/03/2014 --ANNUAL REPORT View image in PDF format 01/10/2013 --ANNUAL REPORT View image in PDF format 01/12/2012 --ANNUAL REPORT View image in PDF format 01/04/2011 --ANNUAL REPORT View image in PDF format 01/28/2010 -- ANNUAL REPORT View image in PDF format 01/07/2009 --ANNUAL REPORT View image in PDF format 01/11/2008 --ANNUAL REPORT View image in PDF format 02/09/2007 --ANNUAL REPORT View image in PDF format 04/10/2006 -- ANNUAL REPORT View image in PDF format 01/24/2005 --ANNUAL REPORT View image in PDF format 10/18/2004 -- REINSTATEMENT View image in PDF format 01/13/2003 -- ANNUAL REPORT View image in PDF format 02/20/2002 --ANNUAL REPORT View image in PDF format 04/26/2001 --ANNUAL REPORT View image in PDF format 05/22/2000 --ANNUAL REPORT View image in PDF format 09/22/1999 -- Amendment View image in PDF format 05/20/1999-- Domestic Profit View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationS earch/SearchResultD etail?inquirytype=Entit... 11/1 0/20 1 6